7 FAM 680
CULTURAL OBJECTS
(CT:CON-804; 04-30-2018)
(Office Of Origin: CA/OCS)
7 FAM 681 INTRODUCTION
(CT:CON-296; 04-21-2009)
Various laws and agreements at the national and
international levels are in place to combat looting of archaeological sites,
theft of objects from museums and other public institutions, and illegal
international trafficking in archaeological, ethnological, and art objects.
Many countries vest ownership of these objects in the state and/or regulate
their purchase and sale. Countries may also require export permits for
archaeological, ethnological, and art objects. References to some national
legislation may be found in the Customs sections of the U.S. Department of
State Country Specific Information (CSI). (See 7 FAM 050.)
7 FAM 682 AUTHORITIES
(CT:CON-296; 04-21-2009)
a. Bilateral Agreements: Under bilateral agreements
with twelve other countries (Bolivia, Cambodia, China, Colombia, Cyprus, El
Salvador, Guatemala, Honduras, Italy, Mali, Nicaragua, and Peru), the United
States restricts the importation of certain categories of cultural objects.
New agreements are considered as requests for them come from other countries.
For the most up to date list, check the U.S. Department of State, Educational
and Cultural Affairs (ECA) Cultural Heritage Center Internet website.
b. U.S. Laws: Penalties may also apply under other
U.S. statutes as in the case of false customs declarations, smuggling or other
violations of U.S. law. Selected U.S. laws on this subject include:
(1) 18 U.S.C. 2314 Transportation of Stolen Goods,
Securities, Moneys, Fraudulent State Tax Stamps, or Articles Used In
Counterfeiting;
(2) 18 U.S.C. 2315 Sale or Receipt of Stolen Goods,
Securities, Moneys, or Fraudulent State Tax Stamps (U.S. Stolen Property Act);
(3) 19 U.S.C. 2600 et seq. - Convention on Cultural
Property Implementation Act;
(4) 1972 Pre-Columbian Monumental and Architectural
Sculpture and Murals Act; and
(5) 18 U.S.C. 541 Entry of goods falsely classified; 18
U.S.C. 542 Entry of goods by means of false statements; and 18 U.S.C. 545
Smuggling goods into the United States.
c. Other Agreements: Other international agreements
may be relevant in specific cases, for example, the 1970 U.S.-Mexico Treaty of
Cooperation.
d. International Laws: There are regional and
international laws that are binding for particular countries. For instance, the
European Union has regulations governing the movement of cultural objects. See
the Bureau of Educational and Cultural Affairs (ECA) international law feature
on the Department of State Internet site for a summary of international law and
multilateral conventions on this subject.
7 FAM 683 CITIZEN RESPONSIBILITY
(CT:CON-296; 04-21-2009)
All U.S. citizens/nationals abroad, including visitors,
residents, and diplomatic personnel, bear ultimate responsibility for the
legality of their purchases, and should exercise due diligence in determining
that an object has not been stolen or looted or its purchase or export does not
otherwise violate host country law. U.S. citizens abroad should not rely on
dealer assurances or unverified export permits to guarantee the legality of
their purchases and exports. See consular Country Specific Information for
pertinent countries include guidance on this subject. U.S. citizens should be
aware many countries have vibrant craft industries that aim to emulate those of
the past. While such crafts make lovely souvenirs and buying them supports
local economies, do note that some countries may require replicas of cultural
objects to be marked or documented to prove that they are not genuine
artifacts.
7 FAM 684 TEMPORARY EXPORT AND IMPORT
OF CULTURAL OBJECTS FOR EXHIBIT OR RESEARCH PURPOSES
(CT:CON-104; 05-02-2005)
U.S. cultural and educational institutions may arrange for
the temporary export and import of cultural objects for exhibit or research
purposes. Such institutions may apply for protection from judicial seizure of
these objects under the Immunity from Judicial Seizure Act, 22 U.S.C. 2459.
7 FAM 685 ECA CULTURAL HERITAGE CENTER
(CT:CON-777; 01-10-2018)
The Department of States Bureau of Educational and
Cultural Affairs (ECA) serves as a clearinghouse of information and expertise
on global cultural heritage protection issues. Its functions include
administering bilateral cultural property agreements, the U.S. Ambassadors Fund
for Cultural Preservation, and other special cultural heritage initiatives.
You may contact the Center at:
|
Cultural Heritage Center
U.S. Department of State
301 4th Street, SW, Room 334
Washington, DC 20547
Email: culprop@state.gov
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7 FAM 686 through 689 UNASSIGNED