---
kind: "range"
citation: "19 C.F.R. §§ 12.106–12.109"
title: "19"
from: "12.106"
to: "12.109"
count: 4
url: "https://uscodex.org/cfr/19/12.106..12.109"
---

# §12.106. Importation prohibited.


Except as provided in [section 12.107](/cfr/19/12.107.md), no pre-Columbian monumental or architectural sculpture or mural which is exported (whether or not such exportation is to the United States) from its country of origin after June 1, 1973, may be imported into the United States.


# §12.107. Importations permitted.


Pre-Columbian monumental or architectural sculpture or mural for which entry is sought into the Customs territory of the United States will be permitted entry if at the time of making entry:

- (a) A certificate, or its electronic equivalent, issued by the Government of the country of origin of such sculpture or mural, in a form acceptable to the Secretary, certifying that such exportation was not in violation of the laws of that country, is filed with the port director; or
- (b) Satisfactory evidence is presented to the port director that such sculpture or mural was exported from the country of origin on or before June 1, 1973; or
- (c) Satisfactory evidence is presented to the port director that such sculpture or mural is not an article listed in [§ 12.105](/cfr/19/12.105.md).

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


If the importer cannot produce the certificate or evidence required in [§ 12.107](/cfr/19/12.107.md) at the time of making entry, the port director shall take the sculpture or mural 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 or evidence is presented to such officer. The certificate or evidence must be presented within 90 days after the date on which the sculpture or mural is taken into Customs custody, or such longer period as may be allowed by the port director for good cause shown.


# §12.109. Seizure and forfeiture.

- (a) Whenever any pre-Columbian monumental or architectural sculpture or mural listed in [§ 12.105](/cfr/19/12.105.md) is detained in accordance with [§ 12.108](/cfr/19/12.108.md) and the importer states in writing that he will not attempt to secure the certificate or evidence required, or such certificate or evidence is not presented to the port director prior to the expiration of the time provided in [§ 12.108](/cfr/19/12.108.md), the sculpture or mural shall be seized and summarily forfeited to the United States in accordance with [part 162](/cfr/19/part162.md) of this chapter.
- (b) Any pre-Columbian monumental or architectural sculpture or mural which is forfeited to the United States shall in accordance with the provisions of Title II of Pub. L. 92-587, [19 U.S.C. 2093(b)](/usc/19/2093.md?p=b):
  - (1) First be offered for return to the country of origin, and shall be returned if that country presents a request in writing for the return of the article and agrees to bear all expenses incurred incident to such return; or
  - (2) If not returned to the country of origin, be disposed of in accordance with law, pursuant to the provisions of [section 609](/cfr/19/609.md), Tariff Act of 1930, as amended ([19 U.S.C. 1609](/usc/19/1609.md)), and [§ 162.46](/cfr/19/162.46.md) of this chapter.