---
kind: "section"
citation: "19 U.S.C. § 2605"
title: "19"
title_heading: "Customs Duties"
number: "2605"
heading: "Cultural Property Advisory Committee"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/19/2605"
units:
  - "Chapter 14 — Convention on Cultural Property"
---

# §2605. Cultural Property Advisory Committee

- (a) **Establishment—** There is established the [Cultural Property](/usc/19/2601.md?p=6) Advisory [Committee](/usc/19/2601.md?p=3).
- (b) **Membership—**
  - (1) The [Committee](/usc/19/2601.md?p=3) shall be composed of eleven members appointed by the President as follows:
    - (A) Two members representing the interests of museums.
    - (B) Three members who shall be experts in the fields of archaeology, anthropology, ethnology, or related areas.
    - (C) Three members who shall be experts in the international sale of archaeological, ethnological, and other [cultural property](/usc/19/2601.md?p=6).
    - (D) Three members who shall represent the interest of the general public.
  - (2) Appointments made under [paragraph (1)](#b-1) shall be made in such a manner so as to insure—
    - (A) fair representation of the various interests of the public sectors and the private sectors in the international exchange of archaeological and ethnological materials, and
    - (B) that within such sectors, fair representation is accorded to the interests of regional and local institutions and museums.
  - (3)
    - (A) Members of the [Committee](/usc/19/2601.md?p=3) shall be appointed for terms of three years and may be reappointed for one or more terms. With respect to the initial appointments, the President shall select, on a representative basis to the maximum extent practicable, four members to serve three-year terms, four members to serve two-year terms, and the remaining members to serve a one-year term. Thereafter each appointment shall be for a three-year term.
    - (B)
      - (i) A vacancy in the [Committee](/usc/19/2601.md?p=3) shall be filled in the same manner as the original appointment was made and for the unexpired portion of the term, if the vacancy occurred during a term of office. Any member of the [Committee](/usc/19/2601.md?p=3) may continue to serve as a member of the [Committee](/usc/19/2601.md?p=3) after the expiration of his term of office until reappointed or until his successor has been appointed.
      - (ii) The President shall designate a Chairman of the [Committee](/usc/19/2601.md?p=3) from the members of the [Committee](/usc/19/2601.md?p=3).
- (c) **Expenses—** The members of the [Committee](/usc/19/2601.md?p=3) shall be reimbursed for actual expenses incurred in the performance of duties for the [Committee](/usc/19/2601.md?p=3).
- (d) **Transaction of business—** Six of the members of the [Committee](/usc/19/2601.md?p=3) shall constitute a quorum. All decisions of the [Committee](/usc/19/2601.md?p=3) shall be by majority vote of the members present and voting.
- (e) **Staff and administration—**
  - (1) The Director of the [United States](/usc/19/2601.md?p=10) Information Agency shall make available to the [Committee](/usc/19/2601.md?p=3) such administrative and technical support [services](/usc/19/2576b.md?p=4) and assistance as it may reasonably require to carry out its activities. Upon the request of the [Committee](/usc/19/2601.md?p=3), the head of any other Federal agency may detail to the [Committee](/usc/19/2601.md?p=3), on a reimbursable basis, any of the personnel of such agency to assist the [Committee](/usc/19/2601.md?p=3) in carrying out its functions, and provide such information and assistance as the [Committee](/usc/19/2601.md?p=3) may reasonably require to carry out its activities.
  - (2) The [Committee](/usc/19/2601.md?p=3) shall meet at the call of the Director of the [United States](/usc/19/2601.md?p=10) Information Agency, or when a majority of its members request a meeting in writing.
- (f) **Reports by Committee—**
  - (1) The Commitee[^1] shall, with respect to each request of a [State Party](/usc/19/2601.md?p=9) referred to in [section 2602(a) of this title](/usc/19/2602.md?p=a), undertake an investigation and review with respect to matters referred to in [section 2602(a)(1) of this title](/usc/19/2602.md?p=a-1) as they relate to the [State Party](/usc/19/2601.md?p=9) or the request and shall prepare a report setting forth—
    - (A) the results of such investigation and review;
    - (B) its findings as to the nations individually having a significant import trade in the relevant material; and
    - (C) its recommendation, together with the reasons therefor, as to whether an [agreement](/usc/19/2601.md?p=1) should be entered into under [section 2602(a) of this title](/usc/19/2602.md?p=a) with respect to the [State Party](/usc/19/2601.md?p=9).
  - (2) The [Committee](/usc/19/2601.md?p=3) shall, with respect to each [agreement](/usc/19/2601.md?p=1) proposed to be extended by the President under [section 2602(e) of this title](/usc/19/2602.md?p=e), prepare a report setting forth its recommendations together with the reasons therefor, as to whether or not the [agreement](/usc/19/2601.md?p=1) should be extended.
  - (3) The [Committee](/usc/19/2601.md?p=3) shall in each case in which the [Committee](/usc/19/2601.md?p=3) finds that an emergency condition under [section 2603 of this title](/usc/19/2603.md) exists prepare a report setting forth its recommendations, together with the reasons therefor, as to whether emergency action under [section 2603 of this title](/usc/19/2603.md) should be implemented. If any [State Party](/usc/19/2601.md?p=9) indicates in its request under [section 2602(a) of this title](/usc/19/2602.md?p=a) that an emergency condition exists and the [Committee](/usc/19/2601.md?p=3) finds that such a condition does not exist, the [Committee](/usc/19/2601.md?p=3) shall prepare a report setting forth the reasons for such finding.
  - (4) Any report prepared by the [Committee](/usc/19/2601.md?p=3) which recommends the entering into or the extension of any [agreement](/usc/19/2601.md?p=1) under [section 2602 of this title](/usc/19/2602.md) or the implementation of emergency action under [section 2603 of this title](/usc/19/2603.md) shall set forth—
    - (A) such terms and conditions which it considers necessary and appropriate to include within such [agreement](/usc/19/2601.md?p=1), or apply with respect to such implementation, for purposes of carrying out the intent of the [Convention](/usc/19/2601.md?p=5); and
    - (B) such [archaeological or ethnological material of the State Party](/usc/19/2601.md?p=2), specified by type or such other classification as the [Committee](/usc/19/2601.md?p=3) deems appropriate, which should be covered by such [agreement](/usc/19/2601.md?p=1) or action.
  - (5) If any member of the [Committee](/usc/19/2601.md?p=3) disagrees with respect to any matter in any report prepared under this subsection, such member may prepare a statement setting forth the reasons for such disagreement and such statement shall be appended to, and considered a part of, the report.
  - (6) The [Committee](/usc/19/2601.md?p=3) shall submit to the Congress and the President a copy of each report prepared by it under this subsection.
- (g) **Committee review—**
  - (1) **In general—** The [Committee](/usc/19/2601.md?p=3) shall undertake a continuing review of the effectiveness of [agreements](/usc/19/2601.md?p=1) under [section 2602 of this title](/usc/19/2602.md) that have entered into force with respect to the [United States](/usc/19/2601.md?p=10), and of emergency action implemented under [section 2603 of this title](/usc/19/2603.md).
  - (2) **Action by Committee—** If the [Committee](/usc/19/2601.md?p=3) finds, as a result of such review, that—
    - (A) cause exists for suspending, under [section 2602(d) of this title](/usc/19/2602.md?p=d), the import restrictions imposed under an [agreement](/usc/19/2601.md?p=1);
    - (B) any [agreement](/usc/19/2601.md?p=1) or emergency action is not achieving the purposes for which entered into or implemented; or
    - (C) changes are required to this chapter in order to implement fully the obligations of the [United States](/usc/19/2601.md?p=10) under the [Convention](/usc/19/2601.md?p=5);

    the [Committee](/usc/19/2601.md?p=3) may submit a report to the Congress and the President setting forth its recommendations for suspending such import restrictions or for improving the effectiveness of any such [agreement](/usc/19/2601.md?p=1) or emergency action or this chapter.

- (h) **Chapter 10 of title 5—** The provisions of [chapter 10](/usc/5/chptI/ch10.md) of title 5 shall apply to the [Committee](/usc/19/2601.md?p=3), except that the requirements of subsections (a) and (b) of section 1009 and [section 1010 of title 5](/usc/5/1010.md) (relating to open meetings, public notice, public participation, and public availability of documents) shall not apply to the [Committee](/usc/19/2601.md?p=3), whenever and to the extent it is determined by the President or his designee that the disclosure of matters involved in the [Committee](/usc/19/2601.md?p=3)’s proceedings would compromise the Government’s negotiating [objectives](/usc/19/2576b.md?p=3) or bargaining positions on the negotiations of any [agreement](/usc/19/2601.md?p=1) authorized by this chapter.
- (i) **Confidential information—**
  - (1) **In general—** Any information (including trade secrets and commercial or financial information which is privileged or confidential) submitted in confidence by the private sector to officers or employees of the [United States](/usc/19/2601.md?p=10) or to the [Committee](/usc/19/2601.md?p=3) in connection with the responsibilities of the [Committee](/usc/19/2601.md?p=3) shall not be disclosed to any [person](/usc/19/1683.md?p=8) other than to—
    - (A) officers and employees of the [United States](/usc/19/2601.md?p=10) designated by the Director of the [United States](/usc/19/2601.md?p=10) Information Agency;
    - (B) members of the [Committee](/usc/19/2601.md?p=3) on Ways and Means of the House of Representatives and the [Committee](/usc/19/2601.md?p=3) on Finance of the Senate who are designated by the chairman of either such [Committee](/usc/19/2601.md?p=3) and members of the staff of either such [Committee](/usc/19/2601.md?p=3) designated by the chairman for use in connection with negotiation of [agreements](/usc/19/2601.md?p=1) or other activities authorized by this chapter; and
    - (C) the [Committee](/usc/19/2601.md?p=3) established under this chapter.
  - (2) **Governmental information—** Information submitted in confidence by officers or employees of the [United States](/usc/19/2601.md?p=10) to the [Committee](/usc/19/2601.md?p=3) shall not be disclosed other than in accordance with rules issued by the Director of the [United States](/usc/19/2601.md?p=10) Information Agency, after consultation with the [Committee](/usc/19/2601.md?p=3). Such rules shall define the categories of information which require restricted or confidential handling by such [Committee](/usc/19/2601.md?p=3) considering the extent to which public disclosure of such information can reasonably be expected to prejudice the interests of the [United States](/usc/19/2601.md?p=10). Such rules shall, to the maximum extent feasible, permit meaningful consultations by [Committee](/usc/19/2601.md?p=3) members with [persons](/usc/19/1683.md?p=8) affected by proposed [agreements](/usc/19/2601.md?p=1) authorized by this chapter.
- (j) **No authority to negotiate—** Nothing contained in this section shall be construed to authorize or to permit any individual (not otherwise authorized or permitted) to participate directly in any negotiation of any [agreement](/usc/19/2601.md?p=1) authorized by this chapter.

## Footnotes

[^1]: So in original. Probably should be “Committee”.

## Source credit

(Pub. L. 97–446, title III, § 306, Jan. 12, 1983, 96 Stat. 2356; Pub. L. 100–204, title III, § 307(a), (b), Dec. 22, 1987, 101 Stat. 1380; Pub. L. 117–286, § 4(a)(140), Dec. 27, 2022, 136 Stat. 4321.)

## Notes

### Editorial Notes

### Amendments

2022—Subsec. (h). Pub. L. 117–286 substituted “Chapter 10 of title 5” for “Federal Advisory Committee Act” in heading and “chapter 10 of title 5 shall apply to the Committee, except that the requirements of subsections (a) and (b) of section 1009 and section 1010 of title 5” for “the Federal Advisory Committee Act (Public Law 92–463; 5 U.S.C. Appendix I) shall apply to the Committee except that the requirements of subsections (a) and (b) of section 10 and section 11 of such Act” in text.

1987—Subsec. (b)(3)(A). Pub. L. 100–204, § 307(a), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “Members of the Committee shall be appointed for terms of two years and may be reappointed for 1 or more terms.”

Subsec. (b)(3)(B). Pub. L. 100–204, § 307(b), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “A vacancy in the Commission shall be filled in the same manner in which the original appointment was made.”

### Statutory Notes and Related Subsidiaries

### Effective Date of 1987 Amendment

Pub. L. 100–204, title III, § 307(c), Dec. 22, 1987, 101 Stat. 1380, provided that: “The amendment made by subsection (a) [amending this section] shall apply to members of the Cultural Property Advisory Committee first appointed after the date of enactment of this Act [Dec. 22, 1987].”

### Effective Date

Section effective on the 90th day after Jan. 12, 1983, or on any date which the President shall prescribe and publish in the Federal Register, with exceptions, see section 315 of Pub. L. 97–446, set out as a note under section 2601 of this title.

### Transfer of Functions

United States Information Agency (other than Broadcasting Board of Governors and International Broadcasting Bureau) abolished and functions transferred to Secretary of State, see sections 6531 and 6532 of Title 22, Foreign Relations and Intercourse.

### Executive Documents

### Delegation of Functions

For delegation of certain functions of President under this section, see Ex. Ord. No. 12555, Mar. 10, 1986, 51 F.R. 8475, set out as a note under section 2602 of this title.