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U.S. Code as of:
01/19/04
Section 2609. Seizure and forfeiture
(a) In general
Any designated archaeological or ethnological material or article
of cultural property, as the case may be, which is imported into
the United States in violation of section 2606 of this title or
section 2607 of this title shall be subject to seizure and
forfeiture. All provisions of law relating to seizure, forfeiture,
and condemnation for violation of the customs laws shall apply to
seizures and forfeitures incurred, or alleged to have been
incurred, under this chapter, insofar as such provisions of law are
applicable to, and not inconsistent with, the provisions of this
chapter.
(b) Archaeological and ethnological material
Any designated archaeological or ethnological material which is
imported into the United States in violation of section 2606 of
this title and which is forfeited to the United States under this
chapter shall -
(1) first be offered for return to the State Party;
(2) if not returned to the State Party, be returned to a
claimant with respect to whom the material was forfeited if that
claimant establishes -
(A) valid title to the material,
(B) that the claimant is a bona fide purchaser for value of
the material; or
(3) if not returned to the State Party under paragraph (1) or
to a claimant under paragraph (2), be disposed of in the manner
prescribed by law for articles forfeited for violation of the
customs laws.
No return of material may be made under paragraph (1) or (2) unless
the State Party or claimant, as the case may be, bears the expenses
incurred incident to the return and delivery, and complies with
such other requirements relating to the return as the Secretary
shall prescribe.
(c) Articles of cultural property
(1) In any action for forfeiture under this section regarding an
article of cultural property imported into the United States in
violation of section 2607 of this title, if the claimant
establishes valid title to the article, under applicable law, as
against the institution from which the article was stolen,
forfeiture shall not be decreed unless the State Party to which the
article is to be returned pays the claimant just compensation for
the article. In any action for forfeiture under this section where
the claimant does not establish such title but establishes that it
purchased the article for value without knowledge or reason to
believe it was stolen, forfeiture shall not be decreed unless -
(A) the State Party to which the article is to be returned pays
the claimant an amount equal to the amount which the claimant
paid for the article, or
(B) the United States establishes that such State Party, as a
matter of law or reciprocity, would in similar circumstances
recover and return an article stolen from an institution in the
United States without requiring the payment of compensation.
(2) Any article of cultural property which is imported into the
United States in violation of section 2607 of this title and which
is forfeited to the United States under this chapter shall -
(A) first be offered for return to the State Party in whose
territory is situated the institution referred to in section 2607
of this title and shall be returned if that State Party bears the
expenses incident to such return and delivery and complies with
such other requirements relating to the return as the Secretary
prescribes; or
(B) if not returned to such State Party, be disposed of in the
manner prescribed by law for articles forfeited for violation of
the customs laws.
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