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U.S. Code as of:
01/19/04
Section 2603. Emergency implementation of import restrictions
(a) "Emergency condition" defined
For purposes of this section, the term "emergency condition"
means, with respect to any archaeological or ethnological material
of any State Party, that such material is -
(1) a newly discovered type of material which is of importance
for the understanding of the history of mankind and is in
jeopardy from pillage, dismantling, dispersal, or fragmentation;
(2) identifiable as coming from any site recognized to be of
high cultural significance if such site is in jeopardy from
pillage, dismantling, dispersal, or fragmentation which is, or
threatens to be, of crisis proportions; or
(3) a part of the remains of a particular culture or
civilization, the record of which is in jeopardy from pillage,
dismantling, dispersal, or fragmentation which is, or threatens
to be, of crisis proportions;
and application of the import restrictions set forth in section
2606 of this title on a temporary basis would, in whole or in part,
reduce the incentive for such pillage, dismantling, dispersal or
fragmentation.
(b) Presidential action
Subject to subsection (c) of this section, 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 section
2606 of this title with respect to such material.
(c) Limitations
(1) The President may not implement this section with respect to
the archaeological or ethnological materials of any State Party
unless the State Party has made a request described in section
2602(a) of this title to the United States and has supplied
information which supports a determination that an emergency
condition exists.
(2) In taking action under subsection (b) of this section with
respect to any State Party, the President shall consider the views
and recommendations contained in the Committee report required
under section 2605(f)(3) of this title if the report is submitted
to the President before the close of the ninety-day period
beginning on the day on which the President submitted information
to the Committee under section 2602(f)(2) of this title on the
request of the State Party under section 2602(a) of this title.
(3) No import restrictions set forth in section 2606 of this
title may be applied under this section to the archaeological or
ethnological materials of any State Party for more than five years
after the date on which the request of a State Party under section
2602(a) of this title is made to the United States. This period may
be extended by the President for three more years if the President
determines that the emergency condition continues to apply with
respect to the archaeological or ethnological material. However,
before taking such action, the President shall request and
consider, if received within ninety days, a report of the Committee
setting forth its recommendations, together with the reasons
therefor, as to whether such import restrictions shall be extended.
(4) The import restrictions under this section may continue to
apply in whole or in part, if before their expiration under
paragraph (3), there has entered into force with respect to the
archaeological or ethnological materials an agreement under section
2602 of this title or an agreement with a State Party to which the
Senate has given its advice and consent to ratification. Such
import restrictions may continue to apply for the duration of the
agreement.
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