,,ii #aadth ,,congress #ast ,session ,s4 #ahhg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bi1 #bjae,mr4 ,casey 7for himself1 ,mr4 ,grassley1 and ,mr4 ,perdue7 introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,a ,,bill ,to protect and preserve international cultural property at risk due to political instability1 armed conflict1 or natural or other disasters1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,protect and ,preserve ,international ,cultural ,property ,act4 #b4 ,definition ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means the ,committee on ,foreign ,affairs1 the ,committee on ,ways and ,means1 the ,committee on ,armed ,services1 and the ,committee on the ,judiciary of the ,house of ,representatives and the ,committee on ,foreign ,relations1 the ,committee on ,finance1 the ,committee on ,armed ,services1 and the ,committee on the ,judiciary of the ,senate4 7#b7 ,cultural property ,the term cultural property includes property covered under-- 7,a7 the ,hague ,convention for the ,protection of ,cultural ,property in the ,event of ,armed ,conflict1 concluded at ,the ,hague on ,may #ad1 #aied 7,treaty ,doc4 #ajf-a7;,a772 7,b7 ,article #a of the ,convention ,concerning the ,protection of the ,world's ,cultural and ,natural ,heritage1 adopted by ,,unesco on ,november #bc1 #aigb 7commonly referred to as the #aigb ,convention72 or 7,c7 ,article #a of the ,convention on the ,means of ,prohibiting and ,preventing the ,illicit ,import1 ,export1 and ,transfer of ,ownership of ,cultural ,property1 adopted by ,,unesco on ,november #ad1 #aigj 7commonly referred to as the #aigj ,,unesco ,convention74 #c4 ,findings and statement of policy 7a7 ,findings ,congress finds the following3 7#a7 ,over the years1 international cultural property has been looted1 trafficked1 lost1 damaged1 or destroyed due to political instability1 armed conflict1 natural disasters1 and other threats4 7#b7 ,during ,china's ,cultural ,revolution1 many antiques were destroyed1 including a large portion of old ,beijing1 and ,chinese authorities are now attempting to rebuild portions of ,china's lost architectural heritage4 7#c7 ,in #aige1 the ,khmer ,rouge1 after seizing power in ,cambodia1 systematically destroyed mosques and nearly every ,catholic church in the country1 along with many ,buddhist temples1 statues1 and ,buddhist literature4 7#d7 ,in #bjja1 the ,taliban destroyed the ,bamiyan ,buddhas1 ancient statues carved into a cliffside in central ,afghanistan1 leading to worldwide condemnation4 7#e7 ,after the fall of ,saddam ,hussein1 thieves looted the ,iraq ,museum in ,baghdad1 resulting in the loss of approximately #ae1jjj items1 including ancient amulets1 sculptures1 ivories1 and cylinder seals4 ,many of these items remain unrecovered4 7#f7 ,the #bjjd ,indian ,ocean earthquake and tsunami not only affected #aa countries1 causing massive loss of life1 but also damaged or destroyed libraries1 archives1 and ,world ,heritage ,sites such as the ,mahabalipuram in ,india1 the ,sun ,temple of ,koranak on the ,bay of ,bengal1 and the ,old ,town of ,galle and its fortifications in ,sri ,lanka4 7#g7 ,in ,haiti1 the #bjaj earthquake destroyed art1 artifacts1 and archives1 and partially destroyed the #agth century ,haitian city of ,jacmel4 7#h7 ,in ,mali1 the ,al-,qaeda affiliated terrorist group ,ansar ,dine destroyed tombs and shrines in the ancient city of ,timbuktu--a major center for trade1 scholarship1 and ,islam in the #aeth and #afth centuries--and threatened collections of ancient manuscripts4 7#i7 ,in ,egypt1 recent political instability has led to the ransacking of museums1 resulting in the destruction of countless ancient artifacts that will forever leave gaps in humanity's record of the ancient ,egyptian civilization4 7#aj7 ,in ,syria1 the ongoing civil war has resulted in the shelling of medieval cities1 damage to five ,world ,heritage ,sites1 and the looting of museums containing artifacts that date back more than six millennia and include some of the earliest examples of writing4 7#aa7 ,in ,iraq and ,syria1 the militant group ,,isil has destroyed numerous cultural sites and artifacts1 such as the ,tomb of ,jonah in ,july #bjad1 in an effort to eradicate ethnic and religious minorities from contested territories4 ,concurrently1 cultural antiquities that escape demolition are looted and trafficked to help fund ,,isil's militant operations4 7#ab7 ,on ,february #ab1 #bjae1 the ,united ,nations ,security ,council unanimously adopted resolution #baii 7#bjae71 which reaffirms its decision in paragraph #g of resolution #adhc 7#bjjc7 and decides that all ,member ,states shall take appropriate steps to prevent the trade in ,iraqi and ,syrian cultural property and other items of archaeological1 historical1 cultural1 rare scientific1 and religious importance illegally removed from ,iraq since #f ,august #aiij and from ,syria since #ae ,march #bjaa1 including by prohibiting cross-border trade in such items1 thereby allowing for their eventual safe return to the ,iraqi and ,syrian people44 7#ac7 ,united ,nations ,security ,council resolution #baii 7#bjae7 also warns that ,,isil and other extremist groups are trafficking cultural heritage items from ,iraq and ,syria to fund their recruitment efforts and carry out terrorist attacks4 7#ad7 ,the destruction of cultural property represents an irreparable loss of humanity's common cultural heritage and is therefore a loss for all ,americans4 7#ae7 ,protecting international cultural property is a vital part of ,united ,states cultural diplomacy1 showing the respect of the ,united ,states for other cultures and the common heritage of humanity4 7#af7 ,the ,united ,states ,armed ,forces have played important roles in preserving and protecting cultural property4 ,in #aidc1 ,president ,franklin ,d4 ,roosevelt established a commission to advise the ,united ,states military on the protection of cultural property4 ,the commission formed teams of individuals known as the ,monuments ,men who are credited with securing1 cataloguing1 and returning hundreds of thousands of works of art stolen by the ,nazis during ,world ,war ,,ii4 7#ag7 ,the ,department of ,state1 in response to the ,convention on ,cultural ,property ,implementation ,act1 noted that the legislation is important to our foreign relations1 including our international cultural relations4 ,the expanding worldwide trade in objects of archaeological and ethnological interest has led to wholesale depredations in some countries1 resulting in the mutilation of ceremonial centers and archaeological complexes of ancient civilizations and the removal of stone sculptures and reliefs44 ,the ,department further noted that the ,united ,states considers that on grounds of principle1 good foreign relations1 and concern for the preservation of the cultural heritage of mankind1 it should render assistance in these situations44 7#ah7 ,the ,u4,s4 ,committee of the ,blue ,shield was founded in #bjjf to support the implementation of the #aied ,hague ,convention for the ,protection of ,cultural ,property in the ,event of ,armed ,conflict and to coordinate with the ,united ,states military1 other branches of the ,united ,states ,government1 and other cultural heritage nongovernmental organizations in preserving international cultural property threatened by political instability1 armed conflict1 or natural or other disasters4 7b7 ,statement of policy ,it shall be the policy of the ,united ,states to-- 7#a7 protect and preserve international cultural property at risk of looting1 trafficking1 and destruction due to political instability1 armed conflict1 or natural or other disasters2 7#b7 protect international cultural property pursuant to its obligations under international treaties to which the ,united ,states is a party2 7#c7 prevent1 in accordance with existing laws1 importation of cultural property pillaged1 looted1 stolen1 or trafficked at all times1 including during political instability1 armed conflict1 or natural or other disasters2 and 7#d7 ensure that existing laws and regulations1 including import restrictions imposed through the ,office of ,foreign ,asset ,control 7,,ofac7 of the ,department of the ,treasury1 are fully implemented to prevent trafficking in stolen or looted cultural property4 #d4 ,united ,states ,coordinator for ,international ,cultural ,property ,protection ,the ,secretary of ,state shall designate a ,department of ,state employee at the ,assistant ,secretary level or above to serve concurrently as the ,united ,states ,coordinator for ,international ,cultural ,property ,protection4 ,the ,coordinator shall-- 7#a7 coordinate and promote efforts to protect international cultural property1 especially activities that involve multiple ,federal agencies2 7#b7 act as ,chair of the ,coordinating ,committee on ,international ,cultural ,property ,protection established under section #e2 7#c7 resolve interagency differences2 7#d7 develop strategies to reduce illegal trade and trafficking in international cultural property in the ,united ,states and abroad1 including by reducing consumer demand for such trade2 7#e7 support activities to assist countries that are the principle sources of trafficked cultural property to protect cultural heritage sites and to prevent cultural property looting and theft2 7#f7 work with and consult domestic and international actors such as foreign governments1 intergovernmental organizations1 nongovernmental organizations1 museums1 educational institutions1 and research institutions to protect international cultural property2 and 7#g7 submit to the appropriate congressional committees the annual report required under section #f4 #e4 ,coordinating ,committee on ,international ,cultural ,property ,protection 7a7 ,establishment ,there is established a ,coordinating ,committee on ,international ,cultural ,property ,protection 7in this section referred to as the ,committee74 7b7 ,functions ,the full ,committee shall meet not less often than annually to coordinate and inform ,federal efforts to protect international cultural property and to facilitate the work of the ,united ,states ,coordinator for ,international ,cultural ,property ,protection designated under section #d4 7c7 ,membership ,the ,committee shall be composed of the ,united ,states ,coordinator for ,international ,cultural ,property ,protection1 who shall act as ,chair1 and representatives of the following3 7#a7 ,the ,department of ,state4 7#b7 ,the ,department of ,defense4 7#c7 ,the ,department of ,homeland ,security1 including ,u4,s4 ,immigration and ,customs ,enforcement and ,u4,s4 ,customs and ,border ,protection4 7#d7 ,the ,department of the ,interior4 7#e7 ,the ,department of ,justice1 including the ,federal ,bureau of ,investigation4 7#f7 ,the ,united ,states ,agency for ,international ,development4 7#g7 ,the ,smithsonian ,institution4 7#h7 ,such other entities as the ,chair determines appropriate4 7d7 ,subcommittees ,the ,committee may include such subcommittees and taskforces as the ,chair determines appropriate4 ,such subcommittees or taskforces may be comprised of a subset of the ,committee members or of such other members as the ,chair determines appropriate4 ,at the discretion of the ,chair1 the provisions of the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 and section #eeb;b of title #e of the ,united ,states ,code 7relating to open meetings7 shall not apply to activities of such subcommittees or taskforces4 7e7 ,consultation ,the ,committee shall consult with governmental and nongovernmental organizations1 including the ,u4,s4 ,committee of the ,blue ,shield1 museums1 educational institutions1 and research institutions on efforts to promote and protect international cultural property4 #f4 ,reports on activities to protect international cultural property ,not later than #a year after the date of the enactment of this ,act and annually thereafter for the next #f years1 the ,secretary of ,state1 acting through the ,united ,states ,coordinator for ,international ,cultural ,property ,protection1 and in consultation with the ,administrator of the ,united ,states ,agency for ,international ,development1 the ,secretary of ,defense1 the ,attorney ,general1 and the ,secretary of ,homeland ,security1 as appropriate1 shall submit to the appropriate congressional committees a report that includes information on activities of-- 7#a7 the ,united ,states ,coordinator and the ,coordinating ,committee on ,international ,cultural ,property ,protection to protect international cultural property2 7#b7 the ,department of ,state to protect international cultural property1 including activities undertaken pursuant to the ,hague ,convention for the ,protection of ,cultural ,property in the ,event of ,armed ,conflict1 and other statutes1 international agreements1 and policies1 including-- 7,a7 procedures the ,department has instituted to protect international cultural property at risk of destruction due to political instability1 armed conflict1 or natural or other disasters2 and 7,b7 actions the ,department has taken to protect international cultural property in conflicts to which the ,united ,states is a party2 7#c7 the ,united ,states ,agency for ,international ,development 7,,usaid7 to protect international cultural property1 including activities and coordination with other ,federal agencies1 international organizations1 and nongovernmental organizations regarding the protection of international cultural property at risk due to political unrest1 armed conflict1 natural or other disasters1 and ,,usaid development programs2 7#d7 the ,department of ,defense to protect international cultural property1 including activities undertaken pursuant to the ,hague ,convention for the ,protection of ,cultural ,property in the ,event of ,armed ,conflict and other cultural property protection statutes and international agreements1 including-- 7,a7 directives1 policies1 and regulations the ,department has instituted to protect international cultural property at risk of destruction due to political instability1 armed conflict1 or natural or other disasters2 and 7,b7 actions the ,department has taken to avoid damage to cultural property through construction activities abroad2 and 7#e7 the ,department of ,homeland ,security and the ,department of ,justice1 including the ,federal ,bureau of ,investigation1 to protect both international cultural property abroad and international cultural property located in1 or attempted to be imported into1 the ,united ,states1 including activities undertaken pursuant to statutes and international agreements1 including-- 7,a7 statutes and regulations the ,department has employed in criminal1 civil1 and civil forfeiture actions to prevent and interdict trafficking in stolen and smuggled cultural property1 including investigations into transnational organized crime and smuggling networks2 and 7,b7 actions the ,department has taken in order to ensure the consistent and effective application of law in cases relating to both international cultural property abroad and international cultural property located in1 or attempted to be imported into1 the ,united ,states4 #g4 ,authorization for ,federal agencies to engage in international cultural property protection activities with the ,smithsonian ,institution ,notwithstanding any other provision of law1 any agency that is involved in international cultural property protection activities is authorized to enter into agreements or memoranda of understanding with the ,smithsonian ,institution to temporarily engage personnel from the ,smithsonian ,institution for the purposes of furthering such international cultural property protection activities4 #h4 ,emergency protection for ,syrian cultural property 7a7 ,presidential determination ,notwithstanding subsection 7b7 of section #cjd of the ,convention on ,cultural ,property ,implementation ,act 7#ai ,u4,s4,c4 #bfjc7 7relating to a ,presidential determination that an emergency condition applies with respect to any archaeological or ethnological material of any ,state ,party to the ,convention71 the ,president shall apply the import restrictions referred to in such section #cjd with respect to any archaeological or ethnological material of ,syria1 except that subsection 7c7 of such section #cjd shall not apply4 ,such import restrictions shall take effect not later than #abj days after the date of the enactment of this ,act4 7b7 ,annual determination regarding certification 7#a7 ,determination 7,a7 ,in general ,the ,president shall1 not less often than annually1 determine whether at least one of the conditions specified in subparagraph 7,b7 is met1 and shall notify the appropriate congressional committees of such determination4 7,b7 ,conditions ,the conditions referred to in subparagraph 7,a7 are the following3 7i7 ,the ,government of ,syria is incapable1 at the time a determination under such subparagraph is made1 of fulfilling the requirements to request an agreement under section #cjc of the ,convention on ,cultural ,property ,implementation ,act 7#ai ,u4,s4,c4 #bfjb74 7ii7 ,it would be against the ,united ,states national interest to enter into such an agreement4 7#b7 ,termination of restrictions ,the import restrictions referred to in subsection 7a7 shall terminate on the date that is #e years after the date on which the ,president determines that neither of the conditions specified in paragraph 7#a77;,b7 are met1 unless before such termination date ,syria requests to enter into an agreement with the ,united ,states pursuant to section #cjc of the ,convention on ,cultural ,property ,implementation ,act1 in which case such import restrictions may remain in effect until the earliest of either-- 7,a7 the date that is #c years after the date on which ,syria makes such a request2 or 7,b7 the date on which the ,united ,states and ,syria enter into such an agreement4 7c7 ,waiver 7#a7 ,in general ,the ,president may waive the import restrictions referred to in subsection 7a7 for specified cultural property if the ,president certifies to the appropriate congressional committees that the conditions described in paragraph 7#b7 are met4 7#b7 ,conditions ,the conditions referred to in paragraph 7#a7 are the following3 7,a7 ,the foreign owner or custodian of the specified cultural property has requested such property be temporarily located in the ,united ,states for protection purposes4 7,b7 ,such property shall be returned to the foreign owner or custodian when requested by such foreign owner or custodian4 7,c7 ,granting a waiver under this subsection will not contribute to illegal trafficking in cultural property or financing of criminal or terrorist activities4 7#c7 ,action ,if the ,president grants a waiver under this subsection1 the specified cultural property that is the subject of such waiver shall be placed in the temporary custody of the ,united ,states ,government or in the temporary custody of a cultural or educational institution within the ,united ,states for the purpose of protection1 restoration1 conservation1 study1 or exhibition1 without profit4 7#d7 ,rule of construction ,nothing in this ,act shall prevent application of the ,act to render immune from seizure under judicial process certain objects of cultural significance imported into the ,united ,states for temporary display or exhibition1 and for other purposes 7#bb ,u4,s4,c4 #bdei2 ,public ,law #hi-bei7 with respect to archaeological or ethnological material of ,syria4 7d7 ,definitions ,in this section-- 7#a7 the term archaeological or ethnological material of ,syria means cultural property of ,syria and other items of archaeological1 historical1 cultural1 rare scientific1 or religious importance unlawfully removed from ,syria on or after ,march #ae1 #bjaa2 and 7#b7 the term ,state ,party has the meaning given such term in section #cjb of the ,convention on ,cultural ,property ,implementation ,act 7#ai ,u4,s4,c4 #bfja74