PRIA, Government Policy, Made Personal

Summary

Any ancient pre‑Columbian large sculpture, architectural sculpture, or mural exported from its home country after the date a U.S. rule lists it must have a certificate from that country saying the export did not break its laws. The certificate must be in a form the U.S. Secretary accepts. If the importer cannot show that certificate, or proof the item left the country on or before the listing date, or proof the item is not on the list, customs will take the item and put it in bonded storage or a public warehouse at the importer’s risk and cost. The importer has 90 days (or longer if the Secretary allows for good cause) to produce the paperwork. If none is provided, the import is illegal.

Title 19, §2092

Customs Duties, Source: USLM XML via OLRC

(a)Issuance by country of export

No pre-Columbian monumental or architectural sculpture or mural which is exported (whether or not such exportation is to the United States) from the country of origin after the effective date of the regulation listing such sculpture or mural pursuant to section 2091 of this title may be imported into the United States unless the government of the country of origin of such sculpture or mural issues a certificate, in a form acceptable to the Secretary, which certifies that such exportation was not in violation of the laws of that country.

(b)Procedure when certificate lacking

If the consignee of any pre-Columbian monumental or architectural sculpture or mural is unable to present to the customs officer concerned at the time of making entry of such sculpture or mural—

(1)the certificate of the government of the country of origin required under subsection (a) of this section;

(2)satisfactory evidence that such sculpture or mural was exported from the country of origin on or before the effective date of the regulation listing such sculpture or mural pursuant to section 2091 of this title; or

(3)satisfactory evidence that such sculpture or mural is not covered by the list promulgated under section 2091 of this title;

the customs officer concerned shall take the sculpture or mural into customs custody and send it to a bonded warehouse or public store to be held at the risk and expense of the consignee until such certificate or evidence is filed with such officer. If such certificate or evidence is not presented within the 90-day period after the date on which such sculpture or mural is taken into customs custody, or such longer period as may be allowed by the Secretary for good cause shown, the importation of such sculpture or mural into the United States is in violation of this chapter.

Editorial Notes

Codification References to section 202 of Pub. L. 92–587 in the original were translated as section 2091 of this title in the classification of Pub. L. 92–587 as the probable intent of Congress.

§2092 Export Certification Requirement

Summary

Title 19, §2092

Notes & Related Subsidiaries

Editorial Notes

Citations & Metadata