---
kind: "range"
citation: "19 C.F.R. §§ 12.104–12.104i"
title: "19"
from: "12.104"
to: "12.104i"
count: 10
url: "https://uscodex.org/cfr/19/12.104..12.104i"
---

# §12.104. Definitions.


For purposes of [§§ 12.104 through 12.104i](/cfr/19/12.104..12.104i.md):

- (a) The term, archaeological or ethnological material of the State Party to the 1970 UNESCO Convention means—
  - (1) **Any object of archaeological interest.** No object may be considered to be an object of archaeological interest unless such subject—
    - (i) Is of cultural significance;
    - (ii) Is at least 250 years old; and
    - (iii) Was normally discovered as a result of scientific excavation, clandestine or accidental digging, or exploration on land or under water; or in addition to [paragraphs (a)(1)](#a-1) (i) and (ii) of this section;
    - (iv) Meets such standards as are generally acceptable as archaeological such as, but not limited to, artifacts, buildings, parts of buildings, or decorative elements, without regard to whether the particular objects are discovered by exploration or excavation;
  - (2) **Any object of ethnological interest.** No object may be considered to be an object of ethnological interest unless such object—
    - (i) Is the product of a tribal or nonindustrial society, and
    - (ii) Is 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;
  - (3) Any fragment or part of any object referred to in [paragraph (a)](#a) (1) or (2) of this section which was first discovered within, and is subject to export control by the State Party.
- (b) The term Convention means the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property adopted by the General Conference of the United Nations Educational, Scientific, and Cultural Organization at its sixteenth session (823 U.N.T.S. 231 (1972)).
- (c) The term cultural property includes articles described in Article 1 (a) through (k) of the Convention, whether or not any such article is specifically designated by any State Party for the purposes of Article 1. Article 1 lists the following categories:
  - (1) Rare collections and specimens of fauna, flora, minerals and anatomy, and objects of palaeontological interest;
  - (2) Property relating to history, including the history of science and technology and military and social history, to the life of national leaders, thinkers, scientists and artists and to events of national importance;
  - (3) Products of archaeological excavations (including regular and clandestine) or of archaeological discoveries;
  - (4) Elements of artistic or historical monuments or archaeological sites which have been dismembered;
  - (5) Antiquities more than 100 years old, such as inscriptions, coins and engraved seals;
  - (6) Objects of ethnological interest;
  - (7) **Property of artistic interest, such as—**
    - (i) Pictures, paintings and drawings produced entirely by hand on any support and in any material (excluding industrial designs and manufactured articles decorated by hand);
    - (ii) Original works of statuary art and sculpture in any material;
    - (iii) Original engravings, prints and lithographs;
    - (iv) Original artistic assemblages and montages in any material;
  - (8) Rare manuscripts and incunabula, old books, documents and publications of special interest (historical, artistic, scientific, literary, etc.) singly or in collections;
  - (9) Postage, revenue and similar stamps, singly or in collections;
  - (10) Archives, including sound, photographic and cinematographic archives;
  - (11) **Articles of furniture more than 100 years old and old musical instruments.**
- (d) The term designated archaeological or ethnological material means any archaeological or ethnological material of the State Party which—
  - (1) **Is—**
    - (i) Covered by an agreement under [19 U.S.C. 2602](/usc/19/2602.md) that enters into force with respect to the U.S., or
    - (ii) Subject to emergency action under [19 U.S.C. 2603](/usc/19/2603.md) and
  - (2) Is listed by regulation under [19 U.S.C. 2604](/usc/19/2604.md).
- (e) The term museum means a public or private nonprofit agency or institution organized on a permanent basis for essentially educational or esthetic purposes, which, utilizing a professional staff, owns or utilizes tangible objects, cares for them, and exhibits them to the public on a regular basis (Museum Services Act; Pub. L. 94-462; [20 U.S.C. 968](/usc/20/968.md)). For the purposes of these regulations, the term recognized museum under the Cultural Property Implementation Act shall be synonymous with museum.
- (f) The term Secretary means the Secretary of the Treasury or his delegate, the Commissioner of Customs.
- (g) The term State Party means any nation which has ratified, accepted, or acceded to the 1970 UNESCO Convention.
- (h) The term United States or U.S., includes the customs territory of the United States, the U.S. Virgin Islands and any territory or area the foreign relations for which the U.S. is responsible.

# §12.104a. Importations prohibited.

- (a) No article of cultural property documented as appertaining to the inventory of a museum or religious or secular public monument or similar institution in any State Party which was stolen from such museum, monument, or institution after April 12, 1983, or after the date of entry into force of the Convention for the State Party, whichever date is later, may be imported into the U.S.
- (b) No archaeological or ethnological material designated pursuant to [19 U.S.C. 2604](/usc/19/2604.md) and listed in [§ 12.104g](/cfr/19/12.104g.md), that is exported (whether or not such exportation is to the U.S.) from the State Party after the designation of such material under [19 U.S.C. 2604](/usc/19/2604.md) may be imported into the U.S. unless the State Party issues a certificate or other documentation which certifies that such exportation was not in violation of the laws of the State Party.

# §12.104b. State Parties to the Convention.

- (a) The following is a list of State Parties which have deposited an instrument of ratification, acceptance, accession or succession, the date of such deposit and the date of entry into force for each State Party:
- (b) Additions to and deletions from the list of State Parties will be accomplished by Federal Register notice, from time to time, as the necessity arises.

# §12.104c. Importations permitted.


Designated archaeological or ethnological material for which entry is sought into the U.S., will be permitted entry if at the time of making entry:

- (a) A certificate, its electronic equivalent, or other documentation, issued by the Government of the country of origin of such material in a form acceptable to the Secretary is filed with the port director, such form being, but not limited to, an affidavit, license, or permit, or their electronic equivalents, from an appropriate, authorized State Party official under seal, certifying that such exportation was not in violation of the laws of that country, or
- (b) Satisfactory evidence is presented to the port director that such designated material was exported from the State Party not less than 10 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 1 year before that date of entry, or
- (c) Satisfactory evidence is presented to the port director that such designated material was exported from the State Party on or before the date on which such material was designated under [19 U.S.C. 2604](/usc/19/2604.md).
- (d) **The term “satisfactory evidence” means—**
  - (1) **For purposes of paragraph (b) of this section—**
    - (i) One or more declarations under oath, or their electronic equivalents, by the importer, or the person for whose account the material is imported, stating that, to the best of his knowledge—
      - (A) The material was exported from the State Party not less than 10 years before the date of entry into the U.S., and
      - (B) Neither such importer or person (or any related person) contracted for or acquired an interest, directly or indirectly, in such material more than 1 year before the date of entry of the material; and
    - (ii) A statement, or its electronic equivalent, 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 10 years before the date of entry into the U.S. and the reasons on which the statement is based; and
  - (2) **For purposes of paragraph (c) of this section—**
    - (i) One or more declarations under oath, or their electronic equivalents, 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 [19 U.S.C. 2604](/usc/19/2604.md), and
    - (ii) A statement, or its electronic equivalent, 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 [19 U.S.C. 2604](/usc/19/2604.md), and the reasons on which the statement is based.
- (e) **Related persons.** For purposes of paragraphs [(b)](#b) and [(d)](#d) 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.

# §12.104d. Detention of articles; time in which to comply.


In the event an importer cannot produce the certificate, documentation, or evidence, or the electronic equivalent, required in [§ 12.104c](/cfr/19/12.104c.md) at the time of making entry, the port director shall take the designated archaeological or ethnological material into Customs custody and send it to a bonded warehouse or public store to be held at the risk and expense of the consignee until the certificate, documentation, or evidence, or the electronic equivalent, is presented to such officer. The certificate, documentation, or evidence, or the electronic equivalent, must be presented within 90 days after the date on which the material is taken into Customs custody, or such longer period as may be allowed by the port director for good cause shown.


# §12.104e. Seizure and forfeiture.

- (a) Whenever any designated archaeological or ethnological material is imported into the U.S. in violation of [19 U.S.C. 2606](/usc/19/2606.md), and the importer states in writing that he will not attempt to secure the certificate, documentation, or evidence, or the electronic equivalent, required by [§ 12.104c](/cfr/19/12.104c.md), or such certificate, documentation, or evidence, or the electronic equivalent, is not presented to the port director before the expiration of the time provided in [§ 12.104d](/cfr/19/12.104d.md), the material shall be seized and summarily forfeited to the U.S. in accordance with [part 162](/cfr/19/part162.md) of this chapter.
  - (1) Any designated archaeological or ethnological material which is forfeited to the U.S. shall, in accordance with the provisions of Title III of Pub. L. 97-446, [19 U.S.C. 2609(b)](/usc/19/2609.md?p=b):
    - (i) First be offered for return to the State Party;
    - (ii) If not returned to the State Party be returned to a claimant with respect to whom the designated 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
    - (iii) If not returned to the State Party under [paragraph (a)(1)(i)](#a-1-i) of this section or to a claimant under [paragraph (a)(1)(ii)](#a-1-ii) of this section, 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 (a)(1)](#a-1) (i) or (ii) of this section 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.
- (b) Whenever any stolen article of cultural property is imported into the U.S. in violation of [19 U.S.C. 2607](/usc/19/2607.md), such cultural property shall be seized and forfeited to the U.S. in accordance with [part 162](/cfr/19/part162.md) of this chapter.
  - (1) Any stolen article of cultural property which is forfeited to the U.S. shall, in accordance with the provisions of Title III of Pub. L. 97-446, 2609(c):
    - (i) First be offered for return to the State Party in whose territory is situated the institution referred to in [19 U.S.C. 2607](/usc/19/2607.md) 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
    - (ii) 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.

# §12.104f. Temporary disposition of materials and articles.


Pending a final determination as to whether any archaeological or ethnological material, or any article of cultural property, has been imported into the U.S. in violation of 19 U.S.C. [2606](/usc/19/2606.md) or [19](/usc/19/19.md) U.S.C. 2607, the Secretary may permit such material or article to be retained at a museum or other cultural or scientific institution in the U.S. if he finds that sufficient safeguards will be taken by the museum or institution for the protection of such material or article; and sufficient bond is posted by the museum or institution to ensure its return to the Secretary.


# §12.104g. Specific items or categories designated by agreements or emergency actions.

- (a) The following is a list of agreements imposing import restrictions on the described articles of cultural property of State Parties. The listed Treasury Decision contains the Designated Listing with a complete description of specific items or categories of archaeological or ethnological material designated by the agreement as coming under the protection of the Convention on Cultural Property Implementation Act. Import restrictions listed below shall be effective for no more than five years beginning on the date on which the agreement enters into force with respect to the United States. This period may be extended for additional periods of not more than five years if it is determined that the factors which justified the initial agreement still pertain and no cause for suspension of the agreement exists. Any such extension is indicated in the listing.
- (b) The following is a list of emergency actions imposing import restrictions on the described articles of cultural property of State Parties. The listed decision contains a complete description of specific items or categories of archaeological or ethnological material designated by the emergency actions as coming under the protection of the Convention on Cultural Property Implementation Act. Import restrictions listed below shall be effective for no more than five years from the date on which the State Party requested those restrictions. This period may be extended for three more years if it is determined that the emergency condition continues to apply with respect to the archaeological or ethnological material. Any such extension is indicated in the listing.

# §12.104h. Exempt materials and articles.


The provisions of these regulations shall not apply to—

- (a) Any archaeological or ethnological material or any article of cultural property which is imported into the U.S. for temporary exhibition or display, if such material or article is rendered immune from seizure under judicial process by the U.S. Information Agency, Office of the General Counsel and Congressional Liaison, pursuant to the Act entitled “An Act to render immune from seizure under judicial process certain objects of cultural significance imported into the United States for temporary display or exhibition, and for other purposes”, approved October 19, 1965 ([22 U.S.C. 2459](/usc/22/2459.md)); or
- (b) Any designated archaeological or ethnological material or any article of cultural property imported into the U.S. if such material or article—
  - (1) Has been held in the U.S. for a period of not less than 3 consecutive years by a recognized museum or religious or secular monument or similar institution, and was purchased by that institution for value, in good faith, and without notice that such material or article was imported in violation of these regulations, but only if—
    - (i) The acquisition of such material or article has been reported in a publication of such institution, any regularly published newspaper or periodical with a circulation of at least 50,000, or a periodical or exhibition catalog which is concerned with the type of article or materials sought to be exempted from these regulations,
    - (ii) Such material or article has been exhibited to the public for a period or periods aggregating at least 1 year during such 3-year period, or
    - (iii) Such article or material has been cataloged and the catalog material made available upon request to the public for at least 2 years during such 3-year period;
  - (2) If [paragraph (b)(1)](#b-1) of this section does not apply, has been within the U.S. for a period of not less than 10 consecutive years and has been exhibited for not less than 5 years during such period in a recognized museum or religious or secular monument or similar institution in the U.S. open to the public;
  - (3) If [paragraphs (b)](#b) (1) and (2) of this section do not apply, has been within the U.S. for a period of not less than 10 consecutive years and the State Party concerned has received or should have received during such period fair notice (through such adequate and accessible publication, or other means, as the Secretary or his designee shall prescribe) of its location within the U.S.; and
  - (4) If none of the preceding subparagraphs apply, has been within the U.S. for a period of not less than 20 consecutive years and the claimant establishes that it purchased the material or article for value without knowledge or reason to believe that it was imported in violation of law.

# §12.104i. Enforcement.


In the customs territory of the United States, and in the U.S. Virgin Islands, the provisions of these regulations shall be enforced by appropriate customs officers. In any other territory or area within the U.S., but not within such customs territory or the U.S. Virgin Islands, such provisions shall be enforced by such persons as may be designated by the President.