[United States Statutes at Large, Volume 130, 114th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]


Public Law 114-151
114th Congress

An Act


 
To protect and preserve international cultural property at risk due to
political instability, armed conflict, or natural or other disasters,
and for other purposes. <>

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <>
SECTION 1. SHORT TITLE.

This Act may be cited as the ``Protect and Preserve International
Cultural Property Act''.
SEC. 2. SENSE OF CONGRESS.

It is the sense of Congress that the President should establish an
interagency coordinating committee to coordinate the efforts of the
executive branch to protect and preserve international cultural property
at risk from political instability, armed conflict, or natural or other
disasters. Such committee should--
(1) be chaired by a Department of State employee of
Assistant Secretary rank or higher, concurrent with that
employee's other duties;
(2) include representatives of the Smithsonian Institution
and Federal agencies with responsibility for the preservation
and protection of international cultural property;
(3) consult with governmental and nongovernmental
organizations, including the United States Committee of the Blue
Shield, museums, educational institutions, and research
institutions, and participants in the international art and
cultural property market on efforts to protect and preserve
international cultural property;
(4) coordinate core United States interests in--
(A) protecting and preserving international cultural
property;
(B) preventing and disrupting looting and illegal
trade and trafficking in international cultural
property, particularly exchanges that provide revenue to
terrorist and criminal organizations;
(C) protecting sites of cultural and archaeological
significance; and
(D) providing for the lawful exchange of
international cultural property.
SEC. 3. <>  EMERGENCY PROTECTION FOR SYRIAN
CULTURAL PROPERTY.

(a) In General.--The President shall exercise the authority of the
President under section 304 of the Convention on Cultural Property
Implementation Act (19 U.S.C. 2603) to impose import restrictions set
forth in section 307 of that Act (19 U.S.C. 2606)

[[Page 370]]

with respect to any archaeological or ethnological material of Syria--
(1) <>  not later than 90 days after the
date of the enactment of this Act;
(2) without regard to whether Syria is a State Party (as
defined in section 302 of that Act (19 U.S.C. 2601)); and
(3) notwithstanding--
(A) the requirement of subsection (b) of section 304
of that Act (19 U.S.C. 2603(b)) that an emergency
condition (as defined in subsection (a) of that section)
applies; and
(B) the limitations under subsection (c) of that
section.

(b) Annual Determination Regarding Certification.--
(1) Determination.--
(A) <>  In general.--The
President shall, not less often than annually, determine
whether at least 1 of the conditions specified in
subparagraph (B) is met, and shall notify the
appropriate congressional committees of such
determination.
(B) Conditions.--The conditions referred to in
subparagraph (A) are the following:
(i) The Government of Syria is incapable, at
the time a determination under such subparagraph
is made, of fulfilling the requirements to request
an agreement under section 303 of the Convention
on Cultural Property Implementation Act (19 U.S.C.
2602), including the requirements under subsection
(a)(3) of that section.
(ii) It would be against the United States
national interest to enter into such an agreement.
(2) <>  Termination of restrictions.--
(A) In general.--Except as provided in subparagraph
(B), the import restrictions referred to in subsection
(a) shall terminate on the date that is 5 years after
the date on which the President determines that neither
of the conditions specified in paragraph (1)(B) are met.
(B) Request for termination.--If Syria requests to
enter into an agreement with the United States pursuant
to section 303 of the Convention on Cultural Property
Implementation Act (19 U.S.C. 2602) on or after the date
on which the President determines that neither of the
conditions specified in paragraph (1)(B) are met, the
import restrictions referred to in subsection (a) shall
terminate on the earlier of--
(i) the date that is 3 years after the date on
which Syria makes such a request; or
(ii) the date on which the United States and
Syria enter into such an agreement.

(c) Waiver.--
(1) <>  In general.--The President may
waive the import restrictions referred to in subsection (a) for
specified archaeological and ethnological material of Syria if
the President certifies to the appropriate congressional
committees that the conditions described in paragraph (2) are
met.
(2) Conditions.--The conditions referred to in paragraph (1)
are the following:
(A)(i) The owner or lawful custodian of the
specified archaeological or ethnological material of
Syria has

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requested that such material be temporarily located in
the United States for protection purposes; or
(ii) <>  if no owner or lawful
custodian can reasonably be identified, the President
determines that, for purposes of protecting and
preserving such material, the material should be
temporarily located in the United States.
(B) Such material shall be returned to the owner or
lawful custodian when requested by such owner or lawful
custodian.
(C) There is no credible evidence that granting a
waiver under this subsection will contribute to illegal
trafficking in archaeological or ethnological material
of Syria or financing of criminal or terrorist
activities.
(3) Action.--If the President grants a waiver under this
subsection, the specified archaeological or ethnological
material of Syria that is the subject of such waiver shall be
placed in the temporary custody of the United States Government
or in the temporary custody of a cultural or educational
institution within the United States for the purpose of
protection, restoration, conservation, study, or exhibition,
without profit.
(4) Immunity from seizure.--Any archaeological or
ethnological material that enters the United States pursuant to
a waiver granted under this section shall have immunity from
seizure under Public Law 89-259 (22 U.S.C.
2459) <> . All provisions of Public Law
89-259 shall apply to such material as if immunity from seizure
had been granted under that Public Law.

(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the
Committee on Finance of the Senate; and
(B) the Committee on Foreign Affairs and the
Committee on Ways and Means of the House of
Representatives.
(2) Archaeological or ethnological material of syria.--The
term ``archaeological or ethnological material of Syria'' means
cultural property (as defined in section 302 of the Convention
on Cultural Property Implementation Act (19 U.S.C. 2601)) that
is unlawfully removed from Syria on or after March 15, 2011.
SEC. 4. <>  REPORT.

Not later than 1 year after the date of the enactment of this Act,
and annually thereafter for the next 6 years, the President shall submit
to the appropriate congressional committees a report on the efforts of
the executive branch, during the 12-month period preceding the
submission of the report, to protect and preserve international cultural
property, including--
(1) whether an interagency coordinating committee as
described in section 2 has been established and, if such a
committee has been established, a description of the activities
undertaken by such committee, including a list of the entities
participating in such activities;
(2) a description of measures undertaken pursuant to
relevant statutes, including--
(A) actions to implement and enforce section 3 of
this Act and section 3002 of the Emergency Protection
for Iraqi

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Cultural Antiquities Act of 2004 (Public Law 108-429;
118 Stat. 2599), including measures to dismantle
international networks that traffic illegally in
cultural property;
(B) a description of any requests for a waiver under
section 3(c) of this Act and, for each such request,
whether a waiver was granted;
(C) <>  a list of the statutes and
regulations employed in criminal, civil, and civil
forfeiture actions to prevent illegal trade and
trafficking in cultural property;
(D) actions undertaken to ensure the consistent and
effective application of law in cases relating to
illegal trade and trafficking in cultural property; and
(E) actions undertaken to promote the legitimate
commercial and non-commercial exchange and movement of
cultural property; and
(3) actions undertaken in fulfillment of international
agreements on cultural property protection, including the
Convention for the Protection of Cultural Property in the Event
of Armed Conflict, done at The Hague May 14, 1954.

Approved May 9, 2016.

LEGISLATIVE HISTORY--H.R. 1493:
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CONGRESSIONAL RECORD:
Vol. 161 (2015):
June 1, considered and passed House.
Vol. 162 (2016):
Apr. 13, considered and passed
Senate, amended.
Apr. 26, House concurred in Senate
amendment.