§2611 Certain Material and Articles Exempt From This Chapter

Summary

The chapter does not apply to certain cultural objects in two main cases. First, objects brought into the United States for a temporary exhibit or display are exempt if they are protected from seizure under section 2459 of title 22. Second, certain named archaeological or ethnological items are exempt if they have been in the United States for set times and meet conditions. They are exempt if a recognized museum, religious or secular monument, or similar institution held them for at least three consecutive years after buying them for value in good faith and without knowing they were imported unlawfully, and either the purchase was publicly reported (including in a publication with a circulation of at least 50,000), the item was shown to the public for at least one year during those three years, or it was cataloged with the catalog available on request for at least two years. If that does not apply, an item is exempt if it has been in the United States for at least ten consecutive years and was publicly exhibited for at least five of those years. It is also exempt if it has been in the United States for at least ten consecutive years and the State Party concerned received or should have received fair notice of its location in the United States in the way the Secretary sets by regulation. Finally, if none of the above apply, an item is exempt if it has been in the United States for at least twenty consecutive years and the claimant shows they bought it for value without knowing or having reason to believe it was imported illegally.