For purposes of Sec. Sec. 12.104 through 12.104i:
(a) The term, archaeological or ethnological material of the State Party to the 1970 UNESCO Convention means--
(1) Any object of archaeological interest. No object may be considered to be an object of archaeological interest unless such subject--
(i) Is of cultural significance;
(ii) Is at least 250 years old; and
(iii) Was normally discovered as a result of scientific excavation, clandestine or accidental digging, or exploration on land or under water; or in addition to paragraphs (a)(1) (i) and (ii) of this section;
(iv) Meets such standards as are generally acceptable as archaeological such as, but not limited to, artifacts, buildings, parts of buildings, or decorative elements, without regard to whether the particular objects are discovered by exploration or excavation;
(2) Any object of ethnological interest. No object may be considered to be an object of ethnological interest unless such object--
(i) Is the product of a tribal or nonindustrial society, and
(ii) Is important to the cultural heritage of a people because of its distinctive characteristics, comparative rarity, or its contribution to the knowledge of the origins, development or history of that people;
(3) Any fragment or part of any object referred to in paragraph (a) (1) or (2) of this section which was first discovered within, and is subject to export control by the State Party.
(b) The term Convention means the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property adopted by the General Conference of the United Nations Educational, Scientific, and Cultural Organization at its sixteenth session (823 U.N.T.S. 231 (1972)).
(c) The term cultural property includes articles described in Article 1 (a) through (k) of the Convention, whether or not any such article is specifically designated by any State Party for the purposes of Article 1. Article 1 lists the following categories:
(1) Rare collections and specimens of fauna, flora, minerals and anatomy, and objects of palaeontological interest;
(2) Property relating to history, including the history of science and technology and military and social history, to the life of national leaders, thinkers, scientists and artists and to events of national importance;
(3) Products of archaeological excavations (including regular and clandestine) or of archaeological discoveries;
(4) Elements of artistic or historical monuments or archaeological sites which have been dismembered;
(5) Antiquities more than 100 years old, such as inscriptions, coins and engraved seals;
(6) Objects of ethnological interest;
(7) Property of artistic interest, such as:
(i) Pictures, paintings and drawings produced entirely by hand on any support and in any material (excluding industrial designs and manufactured articles decorated by hand);
(ii) Original works of statuary art and sculpture in any material;
(iii) Original engravings, prints and lithographs;
(iv) Original artistic assemblages and montages in any material;
(8) Rare manuscripts and incunabula, old books, documents and publications of special interest (historical, artistic, scientific, literary, etc.) singly or in collections;
(9) Postage, revenue and similar stamps, singly or in collections;
(10) Archives, including sound, photographic and cinematographic archives;
(11) Articles of furniture more than 100 years old and old musical instruments.
(d) The term designated archaeological or ethnological material means any archaeological or ethnological material of the State Party which--
(1) Is--
(i) Covered by an agreement under 19 U.S.C. 2602 that enters into force with respect to the U.S., or
(ii) Subject to emergency action under 19 U.S.C. 2603 and
(2) Is listed by regulation under 19 U.S.C. 2604.
(e) The term museum means a public or private nonprofit agency or institution organized on a permanent basis for essentially educational or esthetic purposes, which, utilizing a professional staff, owns or utilizes tangible objects, cares for them, and exhibits them to the public on a regular basis (Museum Services Act; Pub. L. 94-462; 20 U.S.C. 968). For the purposes of these regulations, the term recognized museum under the Cultural Property Implementation Act shall be synonymous with museum.
(f) The term Secretary means the Secretary of the Treasury or his delegate, the Commissioner of Customs.
(g) The term State Party means any nation which has ratified, accepted, or acceded to the 1970 UNESCO Convention.
(h) The term United States or U.S., includes the customs territory of the United States, the U.S. Virgin Islands and any territory or area the foreign relations for which the U.S. is responsible. [T.D. 86-52, 51 FR 6907, Feb. 27, 1986; 51 FR 15316, Apr. 23, 1986; 51 FR 17332, May 12, 1986] Sec. 12.104a Importations prohibited.
(a) No article of cultural property documented as appertaining to the inventory of a museum or religious or secular public monument or similar institution in any State Party which was stolen from such museum, monument, or institution after April 12, 1983, or after the date of entry into force of the Convention for the State Party, whichever date is later, may be imported into the U.S.
(b) No archaeological or ethnological material designated pursuant to 19 U.S.C. 2604 and listed in Sec. 12.104g, that is exported (whether or not such exportation is to the U.S.) from the State Party after the designation of such material under 19 U.S.C. 2604 may be imported into the U.S. unless the State Party issues a certificate or other documentation which certifies that such exportation was not in violation of the laws of the State Party. Sec. 12.104b State Parties to the Convention.
(a) The following is a list of State Parties which have deposited an instrument of ratification, acceptance, accession or succession, the date of such deposit and the date of entry into force for each State Party: ----------------------------------------------------------------------------------------------------------------
State party Date of deposit Date of entry into force----------------------------------------------------------------------------------------------------------------Algeria.............................. June 24, 1974 (R)......................... Sept. 24, 1974.Angola............................... Nov. 7, 1991 (R).......................... Feb. 7, 1992.Argentina............................ Jan. 11, 1973 (R)......................... Apr. 11, 1973.Armenia, Republic of................. Sept. 5, 1993 (S)......................... See Note 1.Australia............................ Oct. 30, 1989 (Ac)........................ Jan. 30, 1990.Bangladesh........................... Dec. 9, 1987 (R).......................... Mar. 9, 1988.Belarus.............................. Apr. 28, 1988 (R)......................... July 28, 1988.Belize............................... Jan. 26, 1990 (R)......................... Apr. 26, 1990.Bolivia.............................. Oct. 4, 1976 (R).......................... Jan. 4, 1977.Bosnia-Herzegovina................... July 12, 1993 (S)......................... See Note 2.Brazil............................... Feb. 16, 1973 (R)......................... May 16, 1973.Bulgaria............................. Sept. 15, 1971 (R)........................ Apr. 24, 1972.Burkina Faso......................... Apr. 7, 1987 (R).......................... July 7, 1987.Cambodia............................. Sept. 26, 1972 (R)........................ Dec. 26, 1972.Cameroon............................. May 24, 1972 (R).......................... Aug. 24, 1972.Canada............................... Mar. 28, 1978 (Ac)........................ June 28, 1978.Central African Republic............. Feb. 1, 1972 (R).......................... May 1, 1972.China, People's Republic of.......... Nov. 28, 1989 (Ac)........................ Feb. 28, 1990.Colombia............................. May 24, 1988 (Ac)......................... Aug. 24, 1988.Cote d'Ivoire........................ Oct. 30, 1990 (R)......................... Jan. 30, 1991.Croatia.............................. July 6, 1992 (S).......................... See Note 2.Cuba................................. Jan. 30, 1980 (R)......................... Apr. 30, 1980.Cyprus............................... Oct. 19, 1979 (R)......................... Jan. 19, 1980.Czech Republic....................... Mar. 26, 1993 (S)......................... See Note 4.Dominican Republic................... Mar. 7, 1973 (R).......................... June 7, 1973.Ecuador.............................. Mar. 24, 1971 (Ac)........................ Apr. 24, 1972.Egypt................................ Apr. 5, 1973 (Ac)......................... July 5, 1973.El Salvador.......................... Feb. 20, 1978 (R)......................... May 20, 1978.Georgia, Republic of................. Nov. 4, 1992 (S).......................... See Note 1.Greece............................... June 5, 1981 (R).......................... Sept. 5, 1981.Grenada.............................. Sept. 10, 1992 (Ac)....................... Dec. 10, 1992.Guatemala............................ Jan. 14, 1985 (R)......................... Apr. 14, 1985.Guinea............................... Mar. 18, 1979 (R)......................... June 18, 1979.Honduras............................. Mar. 19, 1979 (R)......................... June 19, 1979.Hungary.............................. Oct. 23, 1978 (R)......................... Jan. 23, 1979.India................................ Jan. 24, 1977 (R)......................... Apr. 24, 1977.Iran................................. Jan. 27, 1975 (Ac)........................ Apr. 27, 1975.Iraq................................. Feb. 12, 1973 (Ac)........................ May 12, 1973.
Italy................................ Oct. 2, 1978 (R).......................... Jan. 2, 1979.Jordan............................... Mar. 15, 1974 (R)......................... June 15, 1974.Korea, Democratic People's Republic May 13, 1983 (R).......................... Aug. 13, 1983.
of.Korea, Republic of................... Feb. 14, 1983 (Ac)........................ May 14, 1983.Kuwait............................... June 22, 1972 (Ac)........................ Sept. 22, 1972.Lebanon.............................. Aug. 25, 1992 (R)......................... Nov. 25, 1992.Libya................................ Jan. 9, 1973 (R).......................... Apr. 9, 1973.Madagascar........................... June 21, 1989 (R)......................... Sept. 21, 1989.Mali................................. Apr. 6, 1987 (R).......................... July 6, 1987.Mauritania........................... Apr. 27, 1977 (R)......................... July 27, 1977Mauritius............................ Feb. 27, 1978 (Ac)........................ May 27, 1978.Mexico............................... Oct. 4, 1972 (Ac)......................... Jan. 4, 1973.Mongolia............................. June 23, 1991 (Ac)........................ Aug. 23, 1991.Nepal................................ June 23, 1976 (R)......................... Sept. 23, 1976.Nicaragua............................ Apr. 19, 1977 (R)......................... July 19, 1977.Niger................................ Oct. 16, 1972 (R)......................... Jan. 16, 1973.Nigeria.............................. Jan. 24, 1972 (R)......................... Apr. 24, 1972.Oman................................. June 2, 1978 (Ac)......................... Sept. 2, 1978.Pakistan............................. Apr. 30, 1978 (R)......................... July 30, 1981.Panama............................... Aug. 13, 1973 (Ac)........................ Nov. 13, 1973.Peru................................. Oct. 24, 1979 (Ac)........................ Jan. 24, 1980.Poland............................... Jan. 31, 1974 (R)......................... Apr. 30, 1974.Portugal............................. Dec. 9, 1985 (R).......................... Mar. 9, 1986.Qatar................................ Apr. 20, 1977 (Ac)........................ July 20, 1977.Romania.............................. Dec. 6, 1993 (R).......................... Mar. 6, 1994.Russian Federation................... Apr. 28, 1988 (R)......................... See Note 3.Saudi Arabia......................... Sept. 8, 1976 (Ac)........................ Dec. 8, 1976.Senegal.............................. Dec. 9, 1984 (R).......................... Mar. 9, 1985.Slovak Republic...................... Mar. 31, 1993 (S)......................... See Note 4.Slovenia, Republic of................ Oct. 10, 1992 (S)......................... See Note 2.Spain................................ Jan. 10, 1986 (R)......................... Apr. 10, 1986.Sri Lanka............................ Apr. 7, 1981 (Ac)......................... July 7, 1981.Syria................................ Feb. 21, 1975 (Ac)........................ May 21, 1975.Tadjikistan, Republic of............. Aug. 11, 1992 (S)......................... See Note 1.Tanzania............................. Aug. 2, 1977 (R).......................... Nov. 2, 1977.Tunisia.............................. Mar. 10, 1975 (R)......................... June 10, 1975.Turkey............................... Apr. 21, 1981 (R)......................... July 21, 1981.Ukraine.............................. Apr. 28, 1988 (R)......................... July 28, 1988.United States of America............. Sept. 2, 1983 (Ac)........................ Dec. 2, 1983.Uruguay.............................. Aug. 9, 1977 (R).......................... Nov. 9, 1977.Yugoslavia........................... Oct. 3, 1972 (R).......................... Jan. 3, 1973.Zaire................................ Sept. 23, 1974 (R)........................ Dec. 23, 1974.Zambia............................... June 21, 1985 (R)......................... Sept. 21, 1985.----------------------------------------------------------------------------------------------------------------Code for reading second column: Ratification (R); Acceptance (Ac); Accession (A); Succession (S).Notes:1. The Republic of Armenia, the Republic of Georgia, and the Republic of Tadjikistan each deposited a
notification of succession in which each declared itself bound by the Convention as ratified by the USSR on
April 28, 1988 and which entered into force on July 28, 1988.2. Bosnia-Herzegovina, Croatia and the Republic of Slovenia each deposited notification of succession in which
each declared itself bound by the Convention as ratified by Yugoslavia on Oct. 3, 1972 and entered into force
on January 3, 1973.3. The Government of the Russian Federation informed the Director General of UNESCO that the Russian Federation
continues without interruption the participation of the USSR in all UNESCO Conventions. The instrument of
ratification was deposited by the former USSR on April 28, 1988. and entered into force on July 28, 1988.4. The Czech Republic and the Slovak Republic each deposited a notification of succession in which each declared
itself bound by the Convention as accepted by Czechoslovakia on Feb. 14, 1977 and which entered into force on
May 14, 1977.
(b) Additions to and deletions from the list of State Parties will be accomplished by Federal Register notice, from time to time, as the necessity arises. [T.D. 86-52, 51 FR 6907, Feb. 27, 1986, as amended by T.D. 88-59, 53 FR 38287, Sept. 30, 1988; T.D. 90-13, 55 FR 4996, Feb. 13, 1990; T.D. 95-71, 60 FR 47467, Sept. 13, 1995 ; CBP Dec. 08-25, 73 FR 40725, July 16, 2008] Sec. 12.104c Importations permitted.
Designated archaeological or ethnological material for which entry is sought into the U.S., will be permitted entry if at the time of making entry:
(a) A certificate, or other documentation, issued by the Government of the country of origin of such material in a form acceptable to the Secretary is filed with the port director, such form being, but not limited to, an affidavit, license, or permit from an appropriate, authorized State Party official under seal, certifying that such exportation was not in violation of the laws of that country, or
(b) Satisfactory evidence is presented to the port director that such designated material was exported from the State Party not less than 10 years before the date of such entry and that neither the person for whose account the material is imported (or any related person) contracted for or acquired an interest, directly or indirectly, in such material more than 1 year before that date of entry, or
(c) Satisfactory evidence is presented to the port director that such designated material was exported from the State Party on or before the date on which such material was designated under 19 U.S.C. 2604.
(d) The term ``satisfactory evidence'' means--
(1) For purposes of paragraph (b) of this section--
(i) One or more declarations under oath by the importer, or the person for whose account the material is imported, stating that, to the best of his knowledge--
(A) The material was exported from the State Party not less than 10 years before the date of entry into the U.S., and
(B) Neither such importer or person (or any related person) contracted for or acquired an interest, directly or indirectly, in such material more than 1 year before the date of entry of the material; and
(ii) A statement provided by the consignor, or person who sold the material to the importer, which states the date, or, if not known, his belief, that the material was exported from the State Party not less than 10 years before the date of entry into the U.S. and the reasons on which the statement is based; and
(2) For purposes of paragraph (c) of this section--
(i) One or more declarations under oath by the importer or the person for whose account the material is to be imported, stating that, to the best of his knowledge, the material was exported from the State Party on or before the date such material was designated under 19 U.S.C. 2604, and
(ii) A statement by the consignor or person who sold the material to the importer which states the date, or if not known, his belief, that the material was exported from the State Party on or before the date such material was designated under 19 U.S.C. 2604, and the reasons on which the statement is based.
(e) Related persons. For purposes of paragraphs (b) and (d) of this section, a person shall be treated as a related person to an importer, or to a person for whose account material is imported, if such person--
(1) Is a member of the same family as the importer or person of account, including, but not limited to, membership as a brother or sister (whether by whole or half blood), spouse, ancestor, or lineal descendant;
(2) Is a partner or associate with the importer or person of account in any partnership, association, or other venture; or
(3) Is a corporation or other legal entity in which the importer or person of account directly or indirectly owns, controls, or holds power to vote 20 percent or more of the outstanding voting stock or shares in the entity. Sec. 12.104d Detention of articles; time in which to comply.
In the event an importer cannot produce the certificate, documentation, or evidence required in Sec. 12.104c at the time of making entry, the port director shall take the designated archaeological or ethnological material 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 the certificate, documentation, or evidence is presented to such officer. The certificate, documentation, or evidence must be presented within 90 days after the date on which the material is taken into Customs custody, or such longer period as may be allowed by the port director for good cause shown. Sec. 12.104e Seizure and forfeiture.
(a) Whenever any designated archaeological or ethnological material is imported into the U.S. in violation of 19 U.S.C. 2606, and the importer states in writing that he will not attempt to secure the certificate, documentation, or evidence required by Sec. 12.104c, or such certificate, documentation, or evidence is not presented to the port director before the expiration of the time provided in Sec. 12.104d, the material shall be seized and summarily forfeited to the U.S. in accordance with part 162 of this chapter.
(1) Any designated archaeological or ethnological material which is forfeited to the U.S. shall, in accordance with the provisions of Title III of Pub. L. 97-446, 19 U.S.C. 2609(b):
(i) First be offered for return to the State Party;
(ii) If not returned to the State Party be returned to a claimant with respect to whom the designated material was forfeited if that claimant establishes--
(A) Valid title to the material;
(B) That the claimant is a bona fide purchaser for value of the material; or
(iii) If not returned to the State Party under paragraph (a)(1)(i) of this section or to a claimant under paragraph (a)(1)(ii) of this section, be disposed of in the manner prescribed by law for articles forfeited for violation of the customs laws. No return of material may be made under paragraph (a)(1) (i) or (ii) of this section unless the State Party or claimant, as the case may be, bears the expenses incurred incident to the return and delivery, and complies with such other requirements relating to the return as the Secretary shall prescribe.
(b) Whenever any stolen article of cultural property is imported into the U.S. in violation of 19 U.S.C. 2607, such cultural property shall be seized and forfeited to the U.S. in accordance with part 162 of this chapter.
(1) Any stolen article of cultural property which is forfeited to the U.S. shall, in accordance with the provisions of Title III of Pub. L. 97-446, 2609(c):
(i) First be offered for return to the State Party in whose territory is situated the institution referred to in 19 U.S.C. 2607 and shall be returned if that State Party bears the expenses incident to such return and delivery and complies with such other requirements relating to the return as the Secretary prescribes; or
(ii) If not returned to such State Party, be disposed of in the manner prescribed by law for articles forfeited for violation of the customs laws. Sec. 12.104f Temporary disposition of materials and articles.
Pending a final determination as to whether any archaeological or ethnological material, or any article of cultural property, has been imported into the U.S. in violation of 19 U.S.C. 2606 or 19 U.S.C. 2607, the Secretary may permit such material or article to be retained at a museum or other cultural or scientific institution in the U.S. if he finds that sufficient safeguards will be taken by the museum or institution for the protection of such material or article; and sufficient bond is posted by the museum or institution to ensure its return to the Secretary. Sec. 12.104g Specific items or categories designated by agreementsor emergency actions.
(a) The following is a list of agreements imposing import restrictions on the described articles of cultural property of State Parties. The listed Treasury Decision contains the Designated Listing with a complete description of specific items or categories of archaeological or ethnological material designated by the agreement as coming under the protection of the Convention on Cultural Property Implementation Act. Import restrictions listed below shall be effective for no more than five years beginning on the date on which the agreement enters into force with respect to the United States. This period may be extended for additional periods of not more than five years if it is determined that the factors which justified the initial agreement still pertain and no cause for suspension of the agreement exists. Any such extension is indicated in the listing. ----------------------------------------------------------------------------------------------------------------
State party Cultural Property Decision No.----------------------------------------------------------------------------------------------------------------Belize......................................... Archaeological material CBP Dec. 13-05.
representing Belize's cultural
heritage that is at least 250
years old, dating from the Pre-
Ceramic (from approximately 9000
B.C.), Pre-Classic, Classic, and
Post-Classic Periods of the Pre-
Columbian era through the Early
and Late Colonial Periods.Bolivia........................................ Archaeological and Ethnological T.D. 01-86 extended by CBP
Material from Bolivia. Dec. 11-24Bulgaria....................................... Archaeological material CBP Dec. 14-01
representing Bulgaria's cultural
heritage from Neolithic period
(7500 B.C.) through
approximately 1750 A. D. and
ecclesiastical ethnological
material representing Bulgaria's
Middle Ages (681 A. D.) through
approximately 1750 A. D.Cambodia....................................... Archaeological Material from CBP Dec. 08-40 extended by
Cambodia from the Bronze Age CBP Dec. 13-15
through the Khmer Era..Canada......................................... Archaeological artifacts and T.D. 97-31
ethnological material culture of
Canadian origin.Colombia....................................... Pre-Columbian archaeological CBP Dec. 06-09 extended by
material ranging approximately CBP Dec. 11-06.
from 1500 B.C. to 1530 A.D. and
ecclesiastical ethnological
material of the Colonial period
ranging approximately from A.D.
1530 to 1830.Cyprus......................................... Archaeological material of pre- CBP Dec. 12-13.
Classical and Classical periods
ranging approximately from the
8th millennium B.C. to 330 A.D.
and ecclesiastical and ritual
ethnological material
representing the Byzantine and
Post-Byzantine periods ranging
from approximately the 4th
century A.D. to 1850 A.D..El Salvador.................................... Archaeological material T.D. 95-20 extended by CBP
representing Prehispanic Dec. 15-05
cultures of El Salvador.Greece (Hellenic Republic)..................... Archaeological materials CBP Dec. 11-25
representing Greece's cultural
heritage from the Upper
Paleolithic (beginning
approximately 20,000 B.C.)
through the 15th century A.D.
and ecclesiastical ethnological
material representing Greece's
Byzantine culture (approximately
the 4th century through the 15th
century A.D.).Guatemala...................................... Archaeological material from CBP Dec. 12-17
sites in the Peten Lowlands of
Guatemala, and ecclesiastical
ethnological materials dating
from the Conquest and Colonial
periods, c. A.D. 1524 to 1821..Honduras....................................... Archaeological material of Pre- CBP Dec. 04-08 extended by
Colombian cultures ranging CBP Dec. 14-03
approximately from 1200 B.C. to
1500 A.D, and ecclesiastical
ethnological materials dating
from the Colonial Period, c.
A.D. 1502 to 1821.Italy.......................................... Archaeological Material of pre- T.D. 01-06 extended by CBP
Classical, Classical, and Dec. 11--03
Imperial Roman periods ranging
approximately from the 9th
century B.C. to the 4th century
A.D..Mali........................................... Archaeological material from Mali CBP Dec. 12-14
from the Paleolithic Era (Stone
Age) to approximately the mid-
eighteenth century.Nicaragua...................................... Archaeological material of pre- T.D. 00-75 extended by CBP
Columbian cultures ranging Dec. 10--32
approximately from 8000 B.C. to
1500 A.D.People's Republic of China..................... Archaeological materials CBP Dec. 09-03 extended by
representing China's cultural CBP Dec. 14-02.
heritage from the Paleolithic
Period (c. 75,000 B.C.) through
the end of the Tang Period (A.D.
907) and monumental sculpture
and wall art at least 250 years
old as of January 14, 2009.Peru........................................... Archaeological artifacts and T.D. 97-50 extended by CBP
ethnological material from Peru. Dec. 12-11----------------------------------------------------------------------------------------------------------------
(b) The following is a list of emergency actions imposing import restrictions on the described articles of cultural property of State Parties. The listed decision contains a complete description of specific items or categories of archaeological or ethnological material designated by the emergency actions as coming under the protection of the Convention on Cultural Property Implementation Act. Import restrictions listed below shall be effective for no more than five years from the date on which the State Party requested those restrictions. This period may be extended for three more years if it is determined that the emergency condition continues to apply with respect to the archaeological or ethnological material. Any such extension is indicated in the listing. ----------------------------------------------------------------------------------------------------------------
State party Cultural property Decision No.----------------------------------------------------------------------------------------------------------------
---------------------------------------------------------------------------------------------------------------- [T.D. 86-52, 51 FR 6907, Feb. 27, 1986]
Editorial Note: For Federal Register citations affecting Sec. 12.104g, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov. Sec. 12.104h Exempt materials and articles.
The provisions of these regulations shall not apply to--
(a) Any archaeological or ethnological material or any article of cultural property which is imported into the U.S. for temporary exhibition or display, if such material or article is rendered immune from seizure under judicial process by the U.S. Information Agency, Office of the General Counsel and Congressional Liaison, pursuant to the Act entitled ``An Act to render immune from seizure under judicial process certain objects of cultural significance imported into the United States for temporary display or exhibition, and for other purposes'', approved October 19, 1965 (22 U.S.C. 2459); or
(b) Any designated archaeological or ethnological material or any article of cultural property imported into the U.S. if such material or article--
(1) Has been held in the U.S. for a period of not less than 3 consecutive years by a recognized museum or religious or secular monument or similar institution, and was purchased by that institution for value, in good faith, and without notice that such material or article was imported in violation of these regulations, but only if--
(i) The acquisition of such material or article has been reported in a publication of such institution, any regularly published newspaper or periodical with a circulation of at least 50,000, or a periodical or exhibition catalog which is concerned with the type of article or materials sought to be exempted from these regulations,
(ii) Such material or article has been exhibited to the public for a period or periods aggregating at least 1 year during such 3-year period, or
(iii) Such article or material has been cataloged and the catalog material made available upon request to the public for at least 2 years during such 3-year period;
(2) If paragraph (b)(1) of this section does not apply, has been within the U.S. for a period of not less than 10 consecutive years and has been exhibited for not less than 5 years during such period in a recognized museum or religious or secular monument or similar institution in the U.S. open to the public;
(3) If paragraphs (b) (1) and (2) of this section do not apply, has been within the U.S. for a period of not less than 10 consecutive years and the State Party concerned has received or should have received during such period fair notice (through such adequate and accessible publication, or other means, as the Secretary or his designee shall prescribe) of its location within the U.S.; and
(4) If none of the preceding subparagraphs apply, has been within the U.S. for a period of not less than 20 consecutive years and the claimant establishes that it purchased the material or article for value without knowledge or reason to believe that it was imported in violation of law. Sec. 12.104i Enforcement.
In the customs territory of the United States, and in the U.S. Virgin Islands, the provisions of these regulations shall be enforced by appropriate customs officers. In any other territory or area within the U.S., but not within such customs territory or the U.S. Virgin Islands, such provisions shall be enforced by such persons as may be designated by the President. Sec. 12.104j Emergency protection for Iraqi cultural antiquities.
(a) Restriction. Importation of archaeological or ethnological material of Iraq is restricted pursuant to the Emergency Protection for Iraqi Cultural Antiquities Act of 2004 (title III of Pub. L. 108-429) and section 304 of the Convention on Cultural Property Implementation Act (19 U.S.C. 2603).
(b) Description of restricted material. The term ``archaeological or ethnological material of Iraq'' means cultural property of Iraq and other items of archaeological, historical, cultural, rare scientific, or religious importance illegally removed from the Iraq National Museum, the National Library of Iraq, and other locations in Iraq, since the adoption of United Nations Security Council Resolution 661 of 1990. CBP Decision 08-17 sets forth the Designated List of Archaeological and Ethnological Material of Iraq that describes the types of specific items or categories of archaeological or ethnological material that are subject to import restrictions. [73 FR 23342, Apr. 30, 2008]
Pre-Columbian Monumental and Architectural Sculpture and Murals