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U.S. Code as of:
01/19/04
Section 2606. Import restrictions
(a) Documentation of lawful exportation
No designated archaeological or ethnological material that is
exported (whether or not such exportation is to the United States)
from the State Party after the designation of such material under
section 2604 of this title may be imported into the United States
unless the State Party issues a certification or other
documentation which certifies that such exportation was not in
violation of the laws of the State Party.
(b) Customs action in absence of documentation
If the consignee of any designated archaeological or ethnological
material is unable to present to the customs officer concerned at
the time of making entry of such material -
(1) the certificate or other documentation of the State Party
required under subsection (a) of this section; or
(2) satisfactory evidence that such material was exported from
the State Party -
(A) not less than ten years before the date of such entry and
that neither the person for whose account the material is
imported (or any related person) contracted for or acquired an
interest, directly or indirectly, in such material more than
one year before that date of entry, or
(B) on or before the date on which such material was
designated under section 2604 of this title,
the customs officer concerned shall refuse to release the material
from customs custody and send it to a bonded warehouse or store to
be held at the risk and expense of the consignee, notwithstanding
any other provision of law, until such documentation or evidence is
filed with such officer. If such documentation or evidence is not
presented within ninety days after the date on which such material
is refused release from customs custody, or such longer period as
may be allowed by the Secretary for good cause shown, the material
shall be subject to seizure and forfeiture. The presentation of
such documentation or evidence shall not bar subsequent action
under section 2609 of this title.
(c) "Satisfactory evidence" defined
The term "satisfactory evidence" means -
(1) for purposes of subsection (b)(2)(A) of this section -
(A) one or more declarations under oath by the importer, or
the person for whose account the material is imported, stating
that, to the best of his knowledge -
(i) the material was exported from the State Party not less
than ten years before the date of entry into the United
States, and
(ii) neither such importer or person (or any related
person) contracted for or acquired an interest, directly or
indirectly, in such material more than one year before the
date of entry of the material; and
(B) a statement provided by the consignor, or person who sold
the material to the importer, which states the date, or, if not
known, his belief, that the material was exported from the
State Party not less than ten years before the date of entry
into the United States, and the reasons on which the statement
is based; and
(2) for purposes of subsection (b)(2)(B) of this section -
(A) one or more declarations under oath by the importer or
the person for whose account the material is to be imported,
stating that, to the best of his knowledge, the material was
exported from the State Party on or before the date such
material was designated under section 2604 of this title, and
(B) a statement by the consignor or person who sold the
material to the importer which states the date, or if not
known, his belief, that the material was exported from the
State Party on or before the date such material was designated
under section 2604 of this title, and the reasons on which the
statement is based.
(d) Related persons
For purposes of subsections (b) and (c) of this section, a person
shall be treated as a related person to an importer, or to a person
for whose account material is imported, if such person -
(1) is a member of the same family as the importer or person of
account, including, but not limited to, membership as a brother
or sister (whether by whole or half blood), spouse, ancestor, or
lineal descendant;
(2) is a partner or associate with the importer or person of
account in any partnership, association, or other venture; or
(3) is a corporation or other legal entity in which the
importer or person of account directly or indirectly owns,
controls, or holds power to vote 20 percent or more of the
outstanding voting stock or shares in the entity.
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