19 U.S.C. § 2604

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)
Section 2604 - Designation of materials covered by agreements or emergency actions

After any agreement enters into force under section 2602 of this title, or emergency action is taken under section 2603 of this title, the Secretary, in consultation with the Secretary of State, shall by regulation promulgate (and when appropriate shall revise) a list of the archaeological or ethnological material of the State Party covered by the agreement or by such action. The Secretary may list such material by type or other appropriate classification, but each listing made under this section shall be sufficiently specific and precise to insure that (1) the import restrictions under section 2606 of this title are applied only to the archeological and ethnological material covered by the agreement or emergency action; and (2) fair notice is given to importers and other persons as to what material is subject to such restrictions.

19 U.S.C. § 2604

Pub. L. 97-446, title III, §305, Jan. 12, 1983, 96 Stat. 2355; Pub. L. 105-277, div. G, subdiv. A, title XIII, §1335(d), Oct. 21, 1998, 112 Stat. 2681-788; Pub. L. 106-113, div. B, §1007(a)(7) [div. A, title VIII, §802(d)], Nov. 29, 1999, 113 Stat. 1536, 1501A-468.

EDITORIAL NOTES

AMENDMENTS1999- Pub. L. 106-113substituted "Secretary, in consultation with the Secretary of State, shall" for "Secretary shall" in first sentence.1998- Pub. L. 105-277 struck out ", after consultation with the Director of the United States Information Agency," after "title, the Secretary" in first sentence.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 1998 AMENDMENTAmendment by Pub. L. 105-277 effective Oct. 1, 1999, see section 1301 of Pub. L. 105-277 set out as a note under section 6531 of Title 22.

EFFECTIVE DATESection effective on the 90th day after Jan. 12, 1983, or on any date which the President shall prescribe and publish in the Federal Register, with exceptions, see section 315 of Pub. L. 97-446 set out as a note under section 2601 of this title.

Secretary
The term "Secretary" means the Secretary of the Treasury or his delegate.
United States
The term "United States" includes the several States, the District of Columbia, and any territory or area the foreign relations for which the United States is responsible.
agreement
The term "agreement" includes any amendment to, or extension of, any agreement under this chapter that enters into force with respect to the United States.
archaeological or ethnological material of the State Party
The term "archaeological or ethnological material of the State Party" means-(A) any object of archaeological interest;(B) any object of ethnological interest; or(C) any fragment or part of any object referred to in subparagraph (A) or (B);which was first discovered within, and is subject to export control by, the State Party. For purposes of this paragraph-(i) no object may be considered to be an object of archaeological interest unless such object-(I) is of cultural significance;(II) is at least two hundred and fifty years old; and(III) was normally discovered as a result of scientific excavation, clandestine or accidental digging, or exploration on land or under water; and(ii) no object may be considered to be an object of ethnological interest unless such object is-(I) the product of a tribal or nonindustrial society, and(II) important to the cultural heritage of a people because of its distinctive characteristics, comparative rarity, or its contribution to the knowledge of the origins, development, or history of that people.