25 U.S.C. § 3073 Export Prohibitions; Export Certification System; International Agreements

• Library: United States Statutes
• Edition: 2023 Edition
• Currency: Current through P.L. 118-19 (published on www.congress.gov on 10/06/2023)

(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;

(B) to conspire with any person to engage in an activity described in subparagraph (A); or

(C) to conceal an activity described in subparagraph (A).

(2) Penalties

Any person who violates paragraph (1) and knows, or in the exercise of due care should have known, that the Item Prohibited from Exportation 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, 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 of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, shall-

(i) detain any Item Prohibited from Exportation that is exported, attempted to be exported, or otherwise transported from the United States in violation of paragraph (1); and

(ii) deliver the Item Prohibited from Exportation to the Secretary.

(B) Forfeiture

Any Item Prohibited from Exportation that is exported, attempted to be exported, or otherwise transported from the United States in violation of paragraph (1) shall be subject to forfeiture to the United States in accordance with chapter 46 of title 18 (including section 983(c) of that chapter).

(C) Repatriation

Any Item Prohibited from Exportation that is forfeited under subparagraph (B) shall be expeditiously repatriated to the appropriate Indian Tribe or Native Hawaiian organization in accordance with, as applicable-

(i) the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 et seq.) (including section 1170 of title 18, as added by that Act); or

(ii) the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470aa et seq.).

(b) Export certification system

(1) Export certification requirement

(A) In general

No Item Requiring Export Certification may be exported from the United States without first having obtained an export certification in accordance with this subsection.

(B) Publication

The Secretary, in consultation with Indian Tribes and Native Hawaiian organizations, 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" in section 2 of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 ); and

(bb) "archaeological resource" in section 3 of the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470bb );

(II) describe the provenance requirements associated with the trafficking prohibition applicable to-

(aa) cultural items under section 1170(b) of title 18; and

(bb) archaeological resources under subsections (b) and (c) of section 6 of Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470ee );

(III)

(aa) include the definitions of the terms "Native American" and "Native Hawaiian" in section 2 of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 ); and

(bb) describe how those terms apply to archaeological resources 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, unless an Indian Tribe or Native Hawaiian organization challenges that presumption; and

(II) in some circumstances, receipts or certifications issued by Indian Tribes or Native Hawaiian organizations with a cultural affiliation with an item may be used as evidence to demonstrate a particular item does not qualify as an Item Requiring Export Certification.