[MSN] Amendment: Imports Restrictions Imposed on Archaeological and Ethnological Material from Iraq

[MSN]

Amendment: Imports Restrictions Imposed on Archaeological and Ethnological
Material from Iraq

LONDON, (CAIS) -- SUMMARY: This document amends the Customs and Border
Protection (CBP) regulations to reflect the imposition of import
restrictions on Archaeological and Ethnological Material of Iraq pursuant to
section 3002 of the Emergency Protection for Iraqi Cultural Antiquities Act
of 2004. This document also contains the Designated List of Archaeological
and Ethnological Material that describes the types of articles to which the
import restrictions apply. 

EFFECTIVE DATE: Effective Date: April 30, 2008. 

FOR FURTHER INFORMATION CONTACT: For legal aspects, George F. McCray, Esq.,
Chief, Intellectual Property Rights and Restricted Merchandise Branch, (202)
572-8710. For operational aspects, Michael Craig, Chief, Federal Agency
Enforcement Branch, (202) 863-6558. 

SUPPLEMENTARY INFORMATION: The value of cultural property, whether
archaeological or ethnological in nature, is immeasurable. Such items often
constitute the very essence of a society and convey important information
concerning a people's origin, history, and traditional setting. The
importance and popularity of such items regrettably makes them targets of
theft, encourages clandestine looting of archaeological sites, and results
in their illegal export and import.

The United States shares in the international concern for the need to
protect endangered cultural property. The appearance in the U.S. of stolen
or illegally exported artifacts from other countries where there has been
pillage has, on occasion, strained our foreign and cultural relations. This
situation, combined with the concerns of museum, archaeological, and
scholarly communities, was recognized by the President and Congress. It
became apparent that it was in the national interest of the U.S. to join
with other countries to control illegal trafficking of such articles in
international commerce.

The United States joined international efforts and actively participated in
deliberations resulting in the 1970 United Nations Educational, Scientific
and Cultural Organization (UNESCO) Convention on the Means of Prohibiting
and Preventing the Illicit Import, Export and Transfer of Ownership of
Cultural Property (823 U.N.T.S. 231 (1972)). United States acceptance of the
1970 UNESCO Convention was codified into U.S. law as the "Convention on
Cultural Property Implementation Act" (Pub. L. 97-446, 19 U.S.C. 2601 et
seq.) This was done to promote U.S. leadership in achieving greater
international cooperation towards preserving cultural treasures that are of
importance to the nations from which they originate and to achieve greater
international understanding of mankind's common heritage.

During the past several years, import restrictions have been imposed on
archaeological and ethnological artifacts of a number of signatory nations.
These restrictions have been imposed as a result of requests received from
those nations under Article 9 of the 1970 Convention and pursuant to
provisions of the Convention on Cultural Property Implementation Act that
allow for emergency action and bilateral agreements between the United
States and other countries. 

U.N. Security Council Resolution 1483

United Nations Security Council Resolution 1483, adopted on May 23, 2003,
obligates all member nations, regardless of whether they are parties to the
1970 UNESCO Convention, to assist in the protection of Iraq's cultural
heritage.

Paragraph 7 of the Resolution states that "all Member States shall take
appropriate steps to facilitate the safe return to Iraqi institutions of
Iraqi cultural property and other items of archaeological, historical,
cultural, rare scientific, and religious importance illegally removed from
the Iraq National Museum, the National Library, and other locations in Iraq
since the adoption of resolution 661 (1990) of 6 August 1990, including by
establishing a prohibition on trade in or transfer of such items with
respect to which reasonable suspicion exists that they have been illegally
removed, and calls upon the United Nations Educational, Scientific, and
Cultural Organization, Interpol, and other international organizations, as
appropriate, to assist in the implementation of this paragraph;". 

Emergency Protection for Iraqi Cultural Antiquities Act of 2004

The Emergency Protection for Iraqi Cultural Antiquities Act of 2004 (title
III of Pub. L. 108-429) ("the Act") authorizes the President to exercise the
authority of the President under section 304 of the Convention on Cultural
Property Implementation Act (19 U.S.C. 2603) with respect to any
archaeological or ethnological material of Iraq without regard to whether
Iraq is a State Party under the Convention on Cultural Property
Implementation Act, and without the need for a formal request from the
government of Iraq. 

Under 19 U.S.C. 2603, if the President determines that an emergency
condition applies with respect to any archaeological or ethnological
material of any State Party, the President may apply the import restrictions
set forth in 19 U.S.C. 2606 with respect to such material.

In Presidential Memorandum for the Secretary of State and the Secretary of
Homeland Security, entitled Assignment of Functions Relating to Import
Restrictions on Iraqi Antiquities, dated May 5, 2006 (71 FR 28753), the
President assigned the functions of the President under section 3002 of the
Act to the Secretary of State.

In Delegation of Authority No. 294, published in the Federal Register on
July 20, 2006 (71 FR 41306), the Secretary of State delegated to the Under
Secretary for Political Affairs, to the extent authorized by law, all
authorities and functions vested in the Deputy Secretary of State, including
all authorities and functions vested in the Secretary of State or the head
of agency that have been or may be delegated or re-delegated to the Deputy
Secretary.

In Delegation of Authority No. 296, published in the Federal Register on
February 22, 2007 (72 FR 8054), the Under Secretary of State for Political
Affairs delegated to the Assistant Secretary of State for Educational and
Cultural Affairs the functions of the President under section 3002 of the
Act.

Pursuant to section 304 of the Convention on Cultural Property
Implementation Act (19 U.S.C. 2603) and section 3002 of the Act, the Acting
Assistant Secretary of State for Educational and Cultural Affairs, United
States Department of State, concluding that an emergency condition applies
with respect to archaeological and ethnological materials of Iraq, made the
necessary determination on July 2, 2007, to impose import restrictions on
such materials of Iraq. Accordingly, CBP is amending 19 CFR part 12 to
reflect the imposition of the import restrictions. The Designated List of
Archaeological and Ethnological Material of Iraq that describes the types of
articles to which the import restrictions apply is set forth below. This
list is for general guidance only and is not intended to be all-inclusive.

More information on import restrictions may be obtained from the
International Cultural Property Protection Web site
(http://exchanges.state.gov/culprop ). Importation of archaeological and
ethnological materials of Iraq are restricted unless the conditions set
forth in 19 U.S.C. 2606 and 19 CFR 12.104c are met. These restrictions are
in effect until further notice. 

Designated List of Archeological and Ethnological Material of Iraq:

http://www.cais-soas.com/News/2008/May2008/08-05.htm

Museum Security Network / Museum Security Consultancy
toncremers at museum-security.org
http://www.museum-security.org
Handboek Veiligheidszorg Erfgoedbeheerders
http://www.handboekveiligheidszorgmusea.nl/