---
kind: "section"
citation: "25 U.S.C. § 3073"
title: "25"
title_heading: "Indians"
number: "3073"
heading: "Export prohibitions; export certification system; international agreements"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/25/3073"
units:
  - "Chapter 32B — Safeguard Tribal Objects of Patrimony"
---

# §3073. Export prohibitions; export certification system; international agreements

- (a) **Export prohibitions—**
  - (1) **In general—** It shall be unlawful for any person—
    - (A) to export, attempt to export, or otherwise transport from the United States any [Item Prohibited from Exportation](/usc/25/3072.md?p=5);
    - (B) to conspire with any person to engage in an activity described in [subparagraph (A)](#a-1-A); or
    - (C) to conceal an activity described in [subparagraph (A)](#a-1-A).
  - (2) **Penalties—** Any person who violates [paragraph (1)](#a-1) and knows, or in the exercise of due care should have known, that the [Item Prohibited from Exportation](/usc/25/3072.md?p=5) was taken, possessed, transported, or sold in violation of, or in a manner unlawful under, any Federal law or treaty, shall be fined in accordance with [section 3571 of title 18](/usc/18/3571.md), imprisoned for not more than 1 year and 1 day for a first violation, and not more than 10 years for a second or subsequent violation, or both.
  - (3) **Detention, forfeiture, and repatriation—**
    - (A) **Detention and delivery—** The [Secretary](/usc/25/3072.md?p=9) of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, shall—
      - (i) detain any [Item Prohibited from Exportation](/usc/25/3072.md?p=5) that is exported, attempted to be exported, or otherwise transported from the United States in violation of [paragraph (1)](#a-1); and
      - (ii) deliver the [Item Prohibited from Exportation](/usc/25/3072.md?p=5) to the [Secretary](/usc/25/3072.md?p=9).
    - (B) **Forfeiture—** Any [Item Prohibited from Exportation](/usc/25/3072.md?p=5) that is exported, attempted to be exported, or otherwise transported from the United States in violation of [paragraph (1)](#a-1) shall be subject to forfeiture to the United States in accordance with [chapter 46](/usc/18/chptI/ch46.md) of title 18 (including [section 983(c)](/usc/25/983.md) of that chapter).
    - (C) **Repatriation—** Any [Item Prohibited from Exportation](/usc/25/3072.md?p=5) that is forfeited under [subparagraph (B)](#a-3-B) shall be expeditiously repatriated to the appropriate [Indian Tribe](/usc/25/3072.md?p=4) or [Native Hawaiian organization](/usc/25/3072.md?p=8) in accordance with, as applicable—
      - (i) the [Native American](/usc/25/3072.md?p=7) Graves Protection and Repatriation Act ([25 U.S.C. 3001](/usc/25/3001.md) et seq.) (including [section 1170 of title 18](/usc/18/1170.md), as added by that Act); or
      - (ii) the [Archaeological Resources](/usc/25/3072.md?p=1) Protection Act of 1979 ([16 U.S.C. 470aa](/usc/16/470aa.md) et seq.).
- (b) **Export certification system—**
  - (1) **Export certification requirement—**
    - (A) **In general—** No [Item Requiring Export Certification](/usc/25/3072.md?p=6-A) may be exported from the United States without first having obtained an export certification in accordance with this subsection.
    - (B) **Publication—** The [Secretary](/usc/25/3072.md?p=9), in consultation with [Indian Tribes](/usc/25/3072.md?p=4) and [Native Hawaiian organizations](/usc/25/3072.md?p=8), shall publish in the Federal Register a notice that includes—
      - (i) a description of characteristics typical of Items Requiring Export Certification, which shall—
        - (I) include the definitions of the terms—
          - (aa) “[cultural items](/usc/25/3072.md?p=3)” in [section 2](/usc/25/2.md) of the [Native American](/usc/25/3072.md?p=7) Graves Protection and Repatriation Act ([25 U.S.C. 3001](/usc/25/3001.md)); and
          - (bb) “[archaeological resource](/usc/25/3072.md?p=1)” in section 3 of the [Archaeological Resources](/usc/25/3072.md?p=1) Protection Act of 1979 ([16 U.S.C. 470bb](/usc/16/470bb.md));
        - (II) describe the provenance requirements associated with the trafficking prohibition applicable to—
          - (aa) [cultural items](/usc/25/3072.md?p=3) under [section 1170(b) of title 18](/usc/18/1170.md?p=b); and
          - (bb) [archaeological resources](/usc/25/3072.md?p=1) under subsections [(b)](/usc/25/6.md) and [(c)](/usc/25/6.md) of section 6 of [Archaeological Resources](/usc/25/3072.md?p=1) Protection Act of 1979 ([16 U.S.C. 470ee](/usc/16/470ee.md));
        - (III)
          - (aa) include the definitions of the terms “[Native American](/usc/25/3072.md?p=7)” and “Native Hawaiian” in [section 2](/usc/25/2.md) of the [Native American](/usc/25/3072.md?p=7) Graves Protection and Repatriation Act ([25 U.S.C. 3001](/usc/25/3001.md)); and
          - (bb) describe how those terms apply to [archaeological resources](/usc/25/3072.md?p=1) under this chapter; and
        - (IV) be sufficiently specific and precise to ensure that—
          - (aa) an export certification is required only for Items Requiring Export Certification; and
          - (bb) fair notice is given to exporters and other persons regarding which items require an export certification under this subsection; and
      - (ii) a description of characteristics typical of items that do not qualify as Items Requiring Export Certification and therefore do not require an export certification under this subsection, which shall clarify that—
        - (I) an item made solely for commercial purposes is presumed to not qualify as an [Item Requiring Export Certification](/usc/25/3072.md?p=6-A), unless an [Indian Tribe](/usc/25/3072.md?p=4) or [Native Hawaiian organization](/usc/25/3072.md?p=8) challenges that presumption; and
        - (II) in some circumstances, receipts or certifications issued by [Indian Tribes](/usc/25/3072.md?p=4) or [Native Hawaiian organizations](/usc/25/3072.md?p=8) with a [cultural affiliation](/usc/25/3072.md?p=2) with an item may be used as evidence to demonstrate a particular item does not qualify as an [Item Requiring Export Certification](/usc/25/3072.md?p=6-A).
  - (2) **Eligibility for export certification—** An [Item Requiring Export Certification](/usc/25/3072.md?p=6-A) is eligible for an export certification under this subsection if—
    - (A) the [Item Requiring Export Certification](/usc/25/3072.md?p=6-A) is not under ongoing Federal investigation;
    - (B) the export of the [Item Requiring Export Certification](/usc/25/3072.md?p=6-A) would not otherwise violate any other provision of law; and
    - (C) the [Item Requiring Export Certification](/usc/25/3072.md?p=6-A)—
      - (i) is not an [Item Prohibited from Exportation](/usc/25/3072.md?p=5);
      - (ii) was excavated or removed pursuant to a permit issued under section 4 of the [Archaeological Resources](/usc/25/3072.md?p=1) Protection Act of 1979 ([16 U.S.C. 470cc](/usc/16/470cc.md)) and in compliance with [section 3(c)](/usc/25/3.md) of the [Native American](/usc/25/3072.md?p=7) Graves Protection and Repatriation Act ([25 U.S.C. 3002(c)](/usc/25/3002.md?p=c)), if the permit for excavation or removal authorizes export; or
      - (iii) is accompanied by written confirmation from the [Indian Tribe](/usc/25/3072.md?p=4) or [Native Hawaiian organization](/usc/25/3072.md?p=8) with authority to alienate the [Item Requiring Export Certification](/usc/25/3072.md?p=6-A) that—
        - (I) the exporter has a right of possession (as defined in [section 2](/usc/25/2.md) of the [Native American](/usc/25/3072.md?p=7) Graves Protection and Repatriation Act ([25 U.S.C. 3001](/usc/25/3001.md))) of the [Item Requiring Export Certification](/usc/25/3072.md?p=6-A); or
        - (II) the [Indian Tribe](/usc/25/3072.md?p=4) or [Native Hawaiian organization](/usc/25/3072.md?p=8) has relinquished title or control of the [Item Requiring Export Certification](/usc/25/3072.md?p=6-A) in accordance with [section 3](/usc/25/3.md) of the [Native American](/usc/25/3072.md?p=7) Graves Protection and Repatriation Act ([25 U.S.C. 3002](/usc/25/3002.md)).
  - (3) **Export certification application and issuance procedures—**
    - (A) **Applications for export certification—**
      - (i) **In general—** An exporter seeking to export an [Item Requiring Export Certification](/usc/25/3072.md?p=6-A) from the United States shall submit to the [Secretary](/usc/25/3072.md?p=9) an export certification application in accordance with [clause (iii)](#b-3-A-iii).
      - (ii) **Consequences of false statement—** Any willful or knowing false statement made on an export certification application form under [clause (i)](#b-3-A-i) shall—
        - (I) subject the exporter to criminal penalties pursuant to [section 1001 of title 18](/usc/18/1001.md); and
        - (II) prohibit the exporter from receiving an export certification for any [Item Requiring Export Certification](/usc/25/3072.md?p=6-A) in the future unless the exporter submits additional evidence in accordance with [subparagraph (B)(iii)(I)](#b-3-B-iii-I).
      - (iii) **Form of export certification application—** The [Secretary](/usc/25/3072.md?p=9), in consultation with [Indian Tribes](/usc/25/3072.md?p=4) and [Native Hawaiian organizations](/usc/25/3072.md?p=8), and at the discretion of the [Secretary](/usc/25/3072.md?p=9), in consultation with third parties with relevant expertise, including institutions of higher education, museums, dealers, and collector organizations, shall develop an export certification application form, which shall require that an applicant—
        - (I) describe, and provide pictures of, each [Item Requiring Export Certification](/usc/25/3072.md?p=6-A) that the applicant seeks to export;
        - (II) include all available information regarding the provenance of each such [Item Requiring Export Certification](/usc/25/3072.md?p=6-A); and
        - (III) include the attestation described in [subparagraph (B)(i)](#b-3-B-i).
    - (B) **Evidence—**
      - (i) **In general—** In completing an export certification application with respect to an [Item Requiring Export Certification](/usc/25/3072.md?p=6-A) that the exporter seeks to export, the exporter shall attest that, to the best of the knowledge and belief of the exporter, the exporter is not attempting to export an [Item Prohibited from Exportation](/usc/25/3072.md?p=5).
      - (ii) **Sufficiency of attestation—** An attestation under [clause (i)](#b-3-B-i) shall be considered to be sufficient evidence to support the application of the exporter under [subparagraph (A)(iii)(III)](#b-3-A-iii-III), on the condition that the exporter is not required to provide additional evidence under [clause (iii)(I)](#b-3-B-iii-I).
      - (iii) **Additional requirements—**
        - (I) **In general—** The [Secretary](/usc/25/3072.md?p=9) shall give notice to an exporter that submits an export certification application under [subparagraph (A)(i)](#b-3-A-i) that the exporter is required to submit additional evidence in accordance with [subclause (III)](#b-3-B-iii-III) if the [Secretary](/usc/25/3072.md?p=9) has determined under [subparagraph (A)(ii)](#b-3-A-ii) that the exporter made a willful or knowing false statement on the application or any past export certification application.
        - (II) **Delays or denials—** The [Secretary](/usc/25/3072.md?p=9) shall give notice to an exporter that submits an export certification application under [subparagraph (A)(i)](#b-3-A-i) that the exporter may submit additional evidence in accordance with [subclause (III)](#b-3-B-iii-III) if the issuance of an export certification is—
          - (aa) delayed pursuant to the examination by the [Secretary](/usc/25/3072.md?p=9) of the eligibility of the [Item Requiring Export Certification](/usc/25/3072.md?p=6-A) for an export certification; or
          - (bb) denied by the [Secretary](/usc/25/3072.md?p=9) because the [Secretary](/usc/25/3072.md?p=9) determined that the [Item Requiring Export Certification](/usc/25/3072.md?p=6-A) is not eligible for an export certification under this subsection.
        - (III) **Additional evidence—** On receipt of notice under [subclause (I)](#b-3-B-iii-I), an exporter shall, or on receipt of a notice under [subclause (II)](#b-3-B-iii-II), an exporter may, provide the [Secretary](/usc/25/3072.md?p=9) with such additional evidence as the [Secretary](/usc/25/3072.md?p=9) may require to establish that the [Item Requiring Export Certification](/usc/25/3072.md?p=6-A) is eligible for an export certification under this subsection.
    - (C) **Database applications—**
      - (i) **In general—** The [Secretary](/usc/25/3072.md?p=9) shall establish and maintain a secure central Federal database information system (referred to in this subparagraph as the “database”) for the purpose of making export certification applications available to [Indian Tribes](/usc/25/3072.md?p=4) and [Native Hawaiian organizations](/usc/25/3072.md?p=8).
      - (ii) **Collaboration required—** The [Secretary](/usc/25/3072.md?p=9) shall collaborate with [Indian Tribes](/usc/25/3072.md?p=4), [Native Hawaiian organizations](/usc/25/3072.md?p=8), and the interagency working group convened under [section 3075(a) of this title](/usc/25/3075.md?p=a) in the design and implementation of the database.
      - (iii) **Availability—** Immediately on receipt of an export certification application, the [Secretary](/usc/25/3072.md?p=9) shall make the export certification application available on the database.
      - (iv) **Deletion from database—** On request by an [Indian Tribe](/usc/25/3072.md?p=4) or [Native Hawaiian organization](/usc/25/3072.md?p=8), the [Secretary](/usc/25/3072.md?p=9) shall delete an export certification application from the database.
      - (v) **Technical assistance—** If an [Indian Tribe](/usc/25/3072.md?p=4) or [Native Hawaiian organization](/usc/25/3072.md?p=8) lacks sufficient resources to access the database or respond to agency communications in a timely manner, the [Secretary](/usc/25/3072.md?p=9), in consultation with [Indian Tribes](/usc/25/3072.md?p=4) and [Native Hawaiian organizations](/usc/25/3072.md?p=8), shall provide technical assistance to facilitate that access or response, as applicable.
    - (D) **Issuance of export certification—**
      - (i) On receipt of an export certification application for an [Item Requiring Export Certification](/usc/25/3072.md?p=6-A) that meets the requirements of subparagraphs [(A)](#b-3-A) and [(B)](#b-3-B), if the [Secretary](/usc/25/3072.md?p=9), in consultation with [Indian Tribes](/usc/25/3072.md?p=4) and [Native Hawaiian organizations](/usc/25/3072.md?p=8) with a [cultural affiliation](/usc/25/3072.md?p=2) with the [Item Requiring Export Certification](/usc/25/3072.md?p=6-A), determines that the [Item Requiring Export Certification](/usc/25/3072.md?p=6-A) is eligible for an export certification under [paragraph (2)](#b-2), the [Secretary](/usc/25/3072.md?p=9) may issue an export certification for the [Item Requiring Export Certification](/usc/25/3072.md?p=6-A).
      - (ii) On receipt of an export certification application for an [Item Requiring Export Certification](/usc/25/3072.md?p=6-A) that meets the requirements of subparagraphs [(A)](#b-3-A) and [(B)](#b-3-B)—
        - (I) the [Secretary](/usc/25/3072.md?p=9) shall have 1 business day to notify the relevant [Indian Tribes](/usc/25/3072.md?p=4) and [Native Hawaiian Organizations](/usc/25/3072.md?p=8) of an application for export of an [Item Requiring Export Certification](/usc/25/3072.md?p=6-A);
        - (II) [Indian Tribes](/usc/25/3072.md?p=4) and [Native Hawaiian organizations](/usc/25/3072.md?p=8) shall have 9 business days to review the export certification application;
        - (III) if an [Indian Tribe](/usc/25/3072.md?p=4) or [Native Hawaiian organization](/usc/25/3072.md?p=8) notifies the [Secretary](/usc/25/3072.md?p=9) that the [Item Requiring Export Certification](/usc/25/3072.md?p=6-A) may not be eligible for an export certification under [paragraph (2)](#b-2), the [Secretary](/usc/25/3072.md?p=9) shall have 7 business days to review the application;
        - (IV) if no [Indian Tribe](/usc/25/3072.md?p=4) or [Native Hawaiian organization](/usc/25/3072.md?p=8) so notifies the [Secretary](/usc/25/3072.md?p=9), the [Secretary](/usc/25/3072.md?p=9) shall have 1 business day to review the application;
        - (V) with notice to the exporter, the [Secretary](/usc/25/3072.md?p=9) may extend the review of an application for up to 30 business days if credible evidence is provided that the [Item Requiring Export Certification](/usc/25/3072.md?p=6-A) may not be eligible for an export certification under [paragraph (2)](#b-2); and
        - (VI) the [Secretary](/usc/25/3072.md?p=9) shall make a determination to approve or deny the export certification application within the time allotted.
    - (E) **Revocation of export certification—**
      - (i) **In general—** If credible evidence is provided that indicates that an item that received an export certification under [subparagraph (D)](#b-3-D) is not eligible for an export certification under [paragraph (2)](#b-2), the [Secretary](/usc/25/3072.md?p=9) may immediately revoke the export certification.
      - (ii) **Determination—** In determining whether a revocation is warranted under [clause (i)](#b-3-E-i), the [Secretary](/usc/25/3072.md?p=9) shall consult with [Indian Tribes](/usc/25/3072.md?p=4) and [Native Hawaiian organizations](/usc/25/3072.md?p=8) with a [cultural affiliation](/usc/25/3072.md?p=2) with the affected [Item Requiring Export Certification](/usc/25/3072.md?p=6-A).
  - (4) **Detention, forfeiture, repatriation, and return—**
    - (A) **Detention and delivery—** The [Secretary](/usc/25/3072.md?p=9) of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, shall—
      - (i) detain any [Item Requiring Export Certification](/usc/25/3072.md?p=6-A) that an exporter attempts to export or otherwise transport without an export certification; and
      - (ii) deliver the [Item Requiring Export Certification](/usc/25/3072.md?p=6-A) to the [Secretary](/usc/25/3072.md?p=9), for seizure by the [Secretary](/usc/25/3072.md?p=9).
    - (B) **Forfeiture—** Any [Item Requiring Export Certification](/usc/25/3072.md?p=6-A) that is detained under [subparagraph (A)(i)](#b-4-A-i) shall be subject to forfeiture to the United States in accordance with [chapter 46](/usc/18/chptI/ch46.md) of title 18 (including [section 983(c)](/usc/25/983.md) of that chapter).
    - (C) **Repatriation or return to exporter—**
      - (i) **In general—** Not later than 60 days after the date of delivery to the [Secretary](/usc/25/3072.md?p=9) of an [Item Requiring Export Certification](/usc/25/3072.md?p=6-A) under [subparagraph (A)(ii)](#b-4-A-ii), the [Secretary](/usc/25/3072.md?p=9) shall determine whether the [Item Requiring Export Certification](/usc/25/3072.md?p=6-A) is an [Item Prohibited from Exportation](/usc/25/3072.md?p=5).
      - (ii) **Repatriation—** If an [Item Requiring Export Certification](/usc/25/3072.md?p=6-A) is determined by the [Secretary](/usc/25/3072.md?p=9) to be an [Item Prohibited from Exportation](/usc/25/3072.md?p=5) and is forfeited under [subparagraph (B)](#b-4-B), the item shall be expeditiously repatriated to the appropriate [Indian Tribe](/usc/25/3072.md?p=4) or [Native Hawaiian organization](/usc/25/3072.md?p=8) in accordance with, as applicable—
        - (I) the [Native American](/usc/25/3072.md?p=7) Graves Protection and Repatriation Act ([25 U.S.C. 3001](/usc/25/3001.md) et seq.) (including [section 1170 of title 18](/usc/18/1170.md), as added by that Act); or
        - (II) the [Archaeological Resources](/usc/25/3072.md?p=1) Protection Act of 1979 ([16 U.S.C. 470aa](/usc/16/470aa.md) et seq.).
      - (iii) **Return to exporter—**
        - (I) **In general—** If the [Secretary](/usc/25/3072.md?p=9) determines that credible evidence does not establish that the [Item Requiring Export Certification](/usc/25/3072.md?p=6-A) is an [Item Prohibited from Exportation](/usc/25/3072.md?p=5), or if the [Secretary](/usc/25/3072.md?p=9) does not complete the determination by the deadline described in [clause (i)](#b-4-C-i), the [Secretary](/usc/25/3072.md?p=9) shall return the [Item Requiring Export Certification](/usc/25/3072.md?p=6-A) to the exporter.
        - (II) **Effect—** The return of an [Item Requiring Export Certification](/usc/25/3072.md?p=6-A) to an exporter under [subclause (I)](#b-4-C-iii-I) shall not mean that the [Item Requiring Export Certification](/usc/25/3072.md?p=6-A) is eligible for an export certification under this subsection.
  - (5) **Penalties—**
    - (A) **Items requiring export certification—**
      - (i) **In general—** It shall be unlawful for any person to export, attempt to export, or otherwise transport from the United States any [Item Requiring Export Certification](/usc/25/3072.md?p=6-A) without first obtaining an export certification.
      - (ii) **Penalties—** Except as provided in [subparagraph (D)](#b-5-D), any person who violates [clause (i)](#b-5-A-i) shall be—
        - (I) assessed a civil penalty in accordance with such regulations as the [Secretary](/usc/25/3072.md?p=9) promulgates pursuant to [section 3078 of this title](/usc/25/3078.md); and
        - (II) subject to any other applicable penalties under this chapter.
    - (B) **Items prohibited from exportation—** Whoever exports an [Item Prohibited from Exportation](/usc/25/3072.md?p=5) without first securing an export certification shall be liable for a civil money penalty, the amount of which shall equal the total cost of storing and repatriating the [Item Prohibited from Exportation](/usc/25/3072.md?p=5).
    - (C) **Use of fines collected—** Any amounts collected by the [Secretary](/usc/25/3072.md?p=9) as a civil penalty under subparagraph [(A)(ii)(I)](#b-5-A-ii-I) or [(B)](#b-5-B) shall be credited to the currently applicable appropriation, account, or fund of the Department of the Interior as discretionary offsetting collections and shall be available only to the extent and in the amounts provided in advance in appropriations Acts—
      - (i) to process export certification applications under this subsection; and
      - (ii) to store and repatriate the [Item Prohibited from Exportation](/usc/25/3072.md?p=5).
    - (D) **Voluntary return—**
      - (i) **In general—** Any person who attempts to export or otherwise transport from the United States an [Item Requiring Export Certification](/usc/25/3072.md?p=6-A) without first obtaining an export certification, but voluntarily returns the [Item Requiring Export Certification](/usc/25/3072.md?p=6-A), or directs the [Item Requiring Export Certification](/usc/25/3072.md?p=6-A) to be returned, to the appropriate [Indian Tribe](/usc/25/3072.md?p=4) or [Native Hawaiian organization](/usc/25/3072.md?p=8) in accordance with [section 3074 of this title](/usc/25/3074.md) prior to the commencement of an active Federal investigation shall not be prosecuted for a violation of [subparagraph (A)](#b-5-A) with respect to the [Item Requiring Export Certification](/usc/25/3072.md?p=6-A).
      - (ii) **Actions not commencing a Federal investigation—** For purposes of [clause (i)](#b-5-D-i), the following actions shall not be considered to be actions that commence an active Federal investigation:
        - (I) The submission by the exporter of an export certification application for the [Item Requiring Export Certification](/usc/25/3072.md?p=6-A) under [paragraph (3)(A)(i)](#b-3-A-i).
        - (II) The detention of the [Item Requiring Export Certification](/usc/25/3072.md?p=6-A) by the [Secretary](/usc/25/3072.md?p=9) of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, under [paragraph (4)(A)(i)](#b-4-A-i).
        - (III) The delivery to the [Secretary](/usc/25/3072.md?p=9) of the [Item Requiring Export Certification](/usc/25/3072.md?p=6-A) by the [Secretary](/usc/25/3072.md?p=9) of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, under [paragraph (4)(A)(ii)](#b-4-A-ii).
        - (IV) The seizure by the [Secretary](/usc/25/3072.md?p=9) of the [Item Requiring Export Certification](/usc/25/3072.md?p=6-A) under [paragraph (4)(A)(ii)](#b-4-A-ii).
  - (6) **Fees—**
    - (A) **In general—** The [Secretary](/usc/25/3072.md?p=9) may assess reasonable fees to process export certification applications under this subsection, subject to [subparagraph (B)](#b-6-B).
    - (B) **Availability of amounts collected—** Fees authorized under [subparagraph (A)](#b-6-A) shall be collected and available only to the extent and in the amounts provided in advance in appropriations Acts.
  - (7) **Administrative appeal—** If the [Secretary](/usc/25/3072.md?p=9) denies an export certification or an [Item Requiring Export Certification](/usc/25/3072.md?p=6-A) is detained under this subsection, the exporter, on request, shall be given a hearing on the record in accordance with such rules and regulations as the [Secretary](/usc/25/3072.md?p=9) promulgates pursuant to [section 3078 of this title](/usc/25/3078.md).
  - (8) **Training—**
    - (A) **In general—** The [Secretary](/usc/25/3072.md?p=9), the Secretary of State, the Attorney General, and the heads of all other relevant Federal agencies shall require all appropriate personnel to participate in training regarding applicable laws and consultations to facilitate positive government-to-government interactions with [Indian Tribes](/usc/25/3072.md?p=4) and [Native Hawaiian Organizations](/usc/25/3072.md?p=8).
    - (B) **U.S. Customs and Border Protection training—** The [Secretary](/usc/25/3072.md?p=9) of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, shall require all appropriate personnel of U.S. Customs and Border Protection to participate in training provided by the [Secretary](/usc/25/3072.md?p=9) of the Interior or an [Indian Tribe](/usc/25/3072.md?p=4) or [Native Hawaiian organization](/usc/25/3072.md?p=8) to assist the personnel in identifying, handling, and documenting in a culturally sensitive manner Items Requiring Export Certification for purposes of this chapter.
    - (C) **Consultation—** In developing or modifying and delivering trainings under subparagraphs [(A)](#b-8-A) and [(B)](#b-8-B), the applicable heads of Federal agencies shall consult with [Indian Tribes](/usc/25/3072.md?p=4) and [Native Hawaiian organizations](/usc/25/3072.md?p=8).
- (c) **Agreements to request return from foreign countries—** The President may request from foreign nations agreements that specify concrete measures that the foreign nation will carry out—
  - (1) to discourage commerce in, and collection of, Items Prohibited from Exportation;
  - (2) to encourage the voluntary return of [tangible cultural heritage](/usc/25/3072.md?p=10); and
  - (3) to expand the market for the products of Indian art and craftsmanship in accordance with [section 305a of this title](/usc/25/305a.md).

## Source credit

(Pub. L. 117–258, § 5, Dec. 21, 2022, 136 Stat. 2374.)

## Notes

### Editorial Notes

### References in Text

The Native American Graves Protection and Repatriation Act, referred to in subsecs. (a)(3)(C)(i) and (b)(4)(C)(ii)(I), is Pub. L. 101–601, Nov. 16, 1990, 104 Stat. 3048, which is classified principally to chapter 32 (§ 3001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3001 of this title and Tables.

The Archaeological Resources Protection Act of 1979, referred to in subsecs. (a)(3)(C)(ii) and (b)(4)(C)(ii)(II), is Pub. L. 96–95, Oct. 31, 1979, 93 Stat. 721, which is classified generally to chapter 1B (§ 470aa et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 470aa of Title 16 and Tables.

This chapter, referred to in subsec. (b)(1)(B)(i)(III)(bb), (5)(A)(ii)(II), (8)(B), was in the original “this Act”, meaning Pub. L. 117–258, Dec. 21, 2022, 136 Stat. 2372, known as the Safeguard Tribal Objects of Patrimony Act of 2021, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 3071 of this title and Tables.