§2611 Certain material and articles exempt from this chapter

Summary

Some archaeological, ethnological, and cultural items are not covered by these rules. Items brought into the United States for a temporary exhibit or display are exempt if they cannot be seized in court under section 2459 of title 22. Other designated items are exempt if they have been in the United States long enough and were acquired in good faith. One set of rules says the item must have been held at least three straight years by a recognized museum or similar institution, bought for value without notice of illegal import, and also meet one of these: its purchase was reported in the institution’s publication or a newspaper/periodical with at least 50,000 circulation or a relevant catalog; it was shown to the public for a total of at least one year during those three years; or it was cataloged and the catalog made public for at least two years. If that does not apply, an item is exempt if it has been in the United States at least ten straight years and shown at a public museum for at least five of those years. If neither of those apply, an item is exempt after ten straight years if the State Party concerned received or should have received fair notice of where it was located, as the Secretary’s rules require. Finally, if none of the above apply, an item is exempt after twenty straight years if the person claiming it proves they bought it for value without knowing or having reason to believe it was imported illegally.