[Congressional Record (Bound Edition), Volume 161 (2015), Part 7]
[Extensions of Remarks]
[Page 9296]
[From the U.S. Government Publishing Office, www.gpo.gov]




H.R. 1493, THE PROTECT AND PRESERVE INTERNATIONAL CULTURAL PROPERTY ACT

                                 ______
                                 

                          HON. DARRELL E. ISSA

                             of california

                    in the house of representatives

                        Wednesday, June 10, 2015

  Mr. ISSA. Mr. Speaker, I rise to submit the thoughts of my friend, 
Matthew Polk, regarding the consideration of H.R. 1493, the Protect and 
Preserve International Cultural Property Act. Matthew Polk is deeply 
involved in the preservation of cultural heritage and I believe his 
comments are both insightful and valuable to the ongoing effort to 
preserve the cultural heritage of civilizations around the world.

       Mr. Speaker, I first wish to thank Congressman Issa for his 
     interest in this matter and the opportunity to provide a 
     statement for the Congressional Record.
       With regard to H.R. 1493, I applaud this bipartisan effort 
     to protect Syrian cultural property as well as to coordinate 
     our Government's enforcement efforts to protect international 
     cultural property. I also applaud Mr. Chabot's and Mr. 
     Engel's understanding that this bill is not meant to target 
     the lawful trade in Syrian or other cultural goods and that 
     it only authorizes import restrictions on artifacts illegally 
     removed from Syria after the start of its civil war. 
     Nonetheless, it must be emphasized that the burden remains on 
     the Government to prove that the artifact in question is 
     illicit. While protecting Syrian cultural artifacts from 
     looting is important, it is also important that we stay true 
     to our own values. Our tradition of due process requires that 
     the Government meet its burden of proof before private 
     property may be seized or forfeited. This legislation does 
     not change the burden placed on the Government under the 
     Convention on Cultural Property Implementation Act. Here, as 
     under the CPIA, the Government must establish: (1) the item 
     is of a type that appears on the designated list of Syrian 
     artifacts that will be created; (2) the item was ``first 
     discovered'' in Syria and is subject to Syrian export 
     control; and (3) the item was illegally removed from Syria 
     after the effective date of the restrictions, which in this 
     case is March 15, 2011. The fact that an object's ``country 
     of origin'' or manufacture may be ``Syria'' cannot constitute 
     the sole basis for its seizure and forfeiture under either 
     this legislation or the CPIA.
           Sincerely,
     Matthew S. Polk, Jr.,
       Board Member--The Committee for Cultural Property, Former 
     Trustee--The Baltimore Museum of Art, Member--The Museum 
     Trustees Association, Member--The Walters Art Museum 
     Collections Committee, President--Historic Textile Research 
     Foundation.

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