Public Law 119-73 (01/23/2026)

19 U.S.C. § 2603

Emergency implementation of import restrictions

(a)

“Emergency condition” defined

For purposes of this section, the term “emergency condition” means, with respect to any archaeological or ethnological material of any State Party, that such material is—
(1)
a newly discovered type of material which is of importance for the understanding of the history of mankind and is in jeopardy from pillage, dismantling, dispersal, or fragmentation;
(2)
identifiable as coming from any site recognized to be of high cultural significance if such site is in jeopardy from pillage, dismantling, dispersal, or fragmentation which is, or threatens to be, of crisis proportions; or
(3)
a part of the remains of a particular culture or civilization, the record of which is in jeopardy from pillage, dismantling, dispersal, or fragmentation which is, or threatens to be, of crisis proportions;
section 2606 of this titleand application of the import restrictions set forth in on a temporary basis would, in whole or in part, reduce the incentive for such pillage, dismantling, dispersal or fragmentation.
(b)

Presidential action

section 2606 of this titleSubject to subsection (c), if the President determines that an emergency condition applies with respect to any archaeological or ethnological material of any State Party, the President may apply the import restrictions set forth in with respect to such material.

(c)

Limitations

(1)
section 2602(a) of this title The President may not implement this section with respect to the archaeological or ethnological materials of any State Party unless the State Party has made a request described in to the United States and has supplied information which supports a determination that an emergency condition exists.
(2)
section 2605(f)(3) of this titlesection 2602(f)(2) of this titlesection 2602(a) of this title In taking action under subsection (b) with respect to any State Party, the President shall consider the views and recommendations contained in the Committee report required under if the report is submitted to the President before the close of the ninety-day period beginning on the day on which the President submitted information to the Committee under on the request of the State Party under .
(3)
section 2606 of this titlesection 2602(a) of this title No import restrictions set forth in may be applied under this section to the archaeological or ethnological materials of any State Party for more than five years after the date on which the request of a State Party under is made to the United States. This period may be extended by the President for three more years if the President determines that the emergency condition continues to apply with respect to the archaeological or ethnological material. However, before taking such action, the President shall request and consider, if received within ninety days, a report of the Committee setting forth its recommendations, together with the reasons therefor, as to whether such import restrictions shall be extended.
(4)
section 2602 of this title The import restrictions under this section may continue to apply in whole or in part, if before their expiration under paragraph (3), there has entered into force with respect to the archaeological or ethnological materials an agreement under or an agreement with a State Party to which the Senate has given its advice and consent to ratification. Such import restrictions may continue to apply for the duration of the agreement.

Pub. L. 97–446, title III, § 30496 Stat. 2354(, , .)

Editorial Notes

Codification

Section 2602 of this titlesection 2602 of this titlesection 303 of Pub. L. 97–446, referred to in subsec. (c)(4), was in the original “section 203”, and was translated as , which is , as the probable intent of Congress.

Statutory Notes and Related Subsidiaries

Effective Date

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

Executive Documents

Delegation of Functions

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