Protect and Preserve International Cultural Property Act 2016-05-09 Public Law (This measure has not been amended since it was passed by the Senate on April 13, 2016. The summary of that version is repeated here.)

Protect and Preserve International Cultural Property Act

(Sec. 2) This bill expresses the sense of Congress that the President should establish an interagency coordinating committee to coordinate and advance executive branch efforts to protect and preserve international cultural property at risk from political instability, armed conflict, or natural or other disasters.

(Sec. 3) The President shall apply specified import restrictions with respect to any archaeological or ethnological material of Syria:

  • within 90 days;
  • without regard to whether Syria is a state party to 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); and
  • notwithstanding the requirement that an emergency condition applies.

The President shall at least once a year determine whether at least one of the following conditions is met: (1) Syria is incapable of fulfilling the requirements to request an agreement pursuant to the Convention on Cultural Property Implementation Act, and (2) it would be against the U.S. national interest to enter into such an agreement.

The President may waive such import restrictions for specified cultural property if the President certifies to Congress that: (1) the foreign owner or custodian of the specified cultural property has requested that the property be temporarily located in the United States for protection purposes, (2) the property shall be returned upon request to the foreign owner or custodian, and (3) the grant of a waiver will not contribute to illegal trafficking in cultural property or financing of criminal or terrorist activities.

Any archaeological or ethnological material that enters the United States pursuant to a waiver shall have immunity from seizure under P.L. 89-259 (which provides immunity from seizure for cultural items imported for temporary exhibition.)

(Sec. 4) The President shall report annually to Congress on executive branch efforts to protect and preserve international cultural property.

]]> 2016-04-13 Passed Senate amended Protect and Preserve International Cultural Property Act

(Sec. 2) This bill expresses the sense of Congress that the President should establish an interagency coordinating committee to coordinate and advance executive branch efforts to protect and preserve international cultural property at risk from political instability, armed conflict, or natural or other disasters.

(Sec. 3) The President shall apply specified import restrictions with respect to any archaeological or ethnological material of Syria:

  • within 90 days;
  • without regard to whether Syria is a state party to 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); and
  • notwithstanding the requirement that an emergency condition applies.

The President shall at least once a year determine whether at least one of the following conditions is met: (1) Syria is incapable of fulfilling the requirements to request an agreement pursuant to the Convention on Cultural Property Implementation Act, and (2) it would be against the U.S. national interest to enter into such an agreement.

The President may waive such import restrictions for specified cultural property if the President certifies to Congress that: (1) the foreign owner or custodian of the specified cultural property has requested that the property be temporarily located in the United States for protection purposes, (2) the property shall be returned upon request to the foreign owner or custodian, and (3) the grant of a waiver will not contribute to illegal trafficking in cultural property or financing of criminal or terrorist activities.

Any archaeological or ethnological material that enters the United States pursuant to a waiver shall have immunity from seizure under P.L. 89-259 (which provides immunity from seizure for cultural items imported for temporary exhibition.)

(Sec. 4) The President shall report annually to Congress on executive branch efforts to protect and preserve international cultural property.

]]> 2016-02-02 Reported to Senate amended Protect and Preserve International Cultural Property Act

(Sec. 2) This bill expresses the sense of Congress that the President should establish an interagency coordinating committee to coordinate and advance executive branch efforts to protect and preserve international cultural property at risk from political instability, armed conflict, or natural or other disasters.

(Sec. 3) The President shall apply specified import restrictions with respect to any archaeological or ethnological material of Syria:

  • within 90 days;
  • without regard to whether Syria is a state party to 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); and
  • notwithstanding the requirement that an emergency condition applies.

The President shall at least once a year determine whether at least one of the following conditions is met: (1) Syria is incapable of fulfilling the requirements to request an agreement pursuant to the Convention on Cultural Property Implementation Act, and (2) it would be against the U.S. national interest to enter into such an agreement.

The President may waive such import restrictions for specified cultural property if the President certifies to Congress that: (1) the foreign owner or custodian of the specified cultural property has requested that the property be temporarily located in the United States for protection purposes, (2) the property shall be returned upon request to the foreign owner or custodian, and (3) the grant of a waiver will not contribute to illegal trafficking in cultural property or financing of criminal or terrorist activities.

Any archaeological or ethnological material that enters the United States pursuant to a waiver shall have immunity from seizure under P.L. 89-259 (which provides immunity from seizure for cultural items imported for temporary exhibition.)

(Sec. 4) The President shall report annually to Congress on executive branch efforts to protect and preserve international cultural property.

]]> 2015-06-01 Passed House amended Protect and Preserve International Cultural Property Act

(Sec. 4) Directs the Department of State to designate a Department employee at the Assistant Secretary level or above to serve concurrently as the U.S. Coordinator for International Cultural Property Protection to:

  • coordinate and promote federal agency efforts to address international cultural property protection activities;
  • support activities to assist countries that are the principal sources of trafficked cultural property to protect cultural heritage sites and to prevent cultural property looting and theft;
  • develop strategies to reduce illegal trade and trafficking in international cultural property in the United States and abroad, including by reducing consumer demand for such trade; and
  • Chair the Coordinating Committee on International Cultural Property Protection.

(Sec. 5) Establishes a Coordinating Committee on International Cultural Property Protection to facilitate the Coordinator's work.

(Sec. 6) Directs the Department, through the U.S. Coordinator for International Cultural Property Protection, to report to Congress annually for seven years regarding activities of the U.S. Coordinator and the Coordinating Committee, the Department, the U.S. Agency for International Development, the Department of Defense, the Department of Homeland Security, and the Department of Justice to protect international cultural property.

(Sec. 7) Authorizes any agency involved in international cultural property protection activities to enter into agreements with the Smithsonian Institution to engage Smithsonian personnel temporarily to assist in such activities.

(Sec. 8) Directs the President to apply specified import restrictions with respect to any archaeological or ethnological material of Syria as if Syria were a State Party to the Convention on prohibiting and preventing the illicit import, export, and transfer of ownership of cultural property.

Sets forth the conditions for termination of such restrictions.

Authorizes the President to waive such import restrictions for specified cultural property if the President certifies to Congress that:

  • the foreign owner or custodian of the specified cultural property has requested that such property be temporarily located in the United States for protection purposes,
  • such property shall be returned upon request to the foreign owner or custodian, and
  • the grant of a waiver will not contribute to illegal trafficking in cultural property or financing of criminal or terrorist activities.
]]> 2015-03-19 Introduced in House Protect and Preserve International Cultural Property Act

Directs the Department of State to designate a Department employee at the Assistant Secretary level or above to serve concurrently as the United States Coordinator for International Cultural Property Protection to coordinate and promote federal agency efforts to address international cultural property protection activities.

Establishes a Coordinating Committee on International Cultural Property Protection to facilitate the Coordinator's work.

Authorizes any agency involved in international cultural property protection activities to enter into agreements with the Smithsonian Institution to engage Smithsonian personnel temporarily to assist in such activities.

Directs the President to apply specified import restrictions with respect to any archaeological or ethnological material of Syria as if Syria were a State Party to the Convention on prohibiting and preventing the illicit import, export, and transfer of ownership of cultural property.

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