IIB 

114TH CONGRESS 

2D SESSION H. R. 2285 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 26, 2016 

Received; read twice and referred to the Committee on Finance 

AN ACT 

To improve enforcement against trafficking in cultural property and prevent stolen or illicit cultural property from 

financing terrorist and criminal networks, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Prevent Trafficking 

3 in Cultural Property Act’’. 

4 SEC. 2. DEFINITION. 

5 In this Act, the term ‘‘cultural property’’ includes 

6 property covered under— 

7 (1) Article 1 of the Hague Convention for the 

8 Protection of Cultural Property in the Event of 

9 Armed Conflict, adopted at the Hague on May 14, 

10 1954 (Treaty 13 Doc. 106–1(A)); or 

11 (2) Article 1 of the Convention on the Means 

12 of Prohibiting and Preventing the Illicit Import, Ex13 port, and Transfer of Ownership of Cultural Prop14 erty, adopted by the United Nations Educational, 

15 Scientific and Cultural Organization (‘‘UNESCO’’) 

16 on November 14, 1970. 

17 SEC. 3. STATEMENT OF POLICY. 

18 It shall be the policy of the United States to— 

19 (1) ensure the components of the Department 

20 of Homeland Security enhance and unify efforts 

21 to— 

22 (A) interdict, detain, seize, and investigate 

23 cultural property illegally imported into the 

24 United States; 

25 (B) disrupt and dismantle smuggling and 

26 trafficking networks and transnational criminal 

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1 organizations engaged in, conspiring to engage 

2 in, or facilitating illegal trade in cultural prop3 erty, including stolen antiquities used to finance 

4 terrorism; and 

5 (C) support Offices of United States Attor6 neys in prosecuting persons engaged in, con7 spiring to engage in, or facilitating illegal trade 

8 in cultural property; and 

9 (2) protect cultural property pursuant to its ob10 ligations under the 1954 Hague Convention for the 

11 Protection of Cultural Property in the Event of 

12 Armed Conflict, the 1970 UNESCO Convention on 

13 the Means of Prohibiting and Preventing the Illicit 

14 Import, Export, and Transfer of Ownership of Cul15 tural Property, and the Convention on Cultural 

16 Property Implementation Act (19 U.S.C. 2601– 

17 2613). 

18 SEC. 4. ACTIVITIES OF THE DEPARTMENT OF HOMELAND 

19 SECURITY. 

20 The Commissioner of U.S. Customs and Border Pro21 tection and the Director of U.S. Immigration and Customs 

22 Enforcement shall— 

23 (1) designate a principal coordinator within 

24 U.S. Customs and Border Protection and U.S. Im25 migration and Customs Enforcement, respectively, to 

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1 direct, manage, coordinate, and update their respec2 tive policies and procedures, as well as conduct 

3 interagency communications, regarding illegally im4 ported cultural property; 

5 (2) update existing directives, regulations, rules, 

6 and memoranda of understanding of U.S. Customs 

7 and Border Protection and U.S. Immigration and 

8 Customs Enforcement, respectively, and, if nec9 essary, devise additional directives, regulations, 

10 rules, and memoranda of understanding, relating to 

11 policies and procedures on the illegal importation of 

12 cultural property in order to— 

13 (A) reflect changes in cultural property 

14 law, including changes and updates to relevant 

15 treaties, bilateral agreements, statutes, regula16 tions, and case law that occurred subsequent to 

17 Customs Directive No. 5230–015, ‘‘Customs 

18 Directive on Detention and Seizure of Cultural 

19 Property’’, dated April 18, 1991; 

20 (B) emphasize investigating, and providing 

21 support for investigations and prosecutions, of 

22 persons engaged in, conspiring to engage in, or 

23 facilitating the illegal importation of cultural 

24 property, including smugglers, dealers, buyers, 

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1 money launderers, and any other appropriate 

2 parties; and 

3 (C) provide for communication and coordi4 nation between relevant U.S. Customs and Bor5 der Protection and U.S. Immigration and Cus6 toms Enforcement offices, respectively, in inves7 tigating and supporting prosecutions of persons 

8 engaged in, conspiring to engage in, or facili9 tating the illegal importation of cultural prop10 erty; and 

11 (3) ensure relevant personnel within U.S. Cus12 toms and Border Protection and U.S. Immigration 

13 and Customs Enforcement, respectively, receive suf14 ficient training in— 

15 (A) relevant cultural property laws; 

16 (B) the identification of cultural property 

17 that is at greatest risk of looting and traf18 ficking; and 

19 (C) methods of interdiction and investiga20 tive techniques specifically related to illegal 

21 trade in cultural property. 

22 SEC. 5. ROLE OF THE SMITHSONIAN INSTITUTION. 

23 The Secretary of Homeland Security shall ensure 

24 that the heads of all components of the Department of 

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1 tion activities are authorized to enter into agreements or 

2 memoranda of understanding with the Smithsonian Insti3 tution to temporarily engage personnel from the Smithso4 nian Institution for the purposes of furthering such cul5 tural property protection activities. 

6 SEC. 6. REPORT. 

7 Not later than 1 year after the date of the enactment 

8 of this Act and 3 years thereafter, the Commissioner of 

9 U.S. Customs and Border Protection and the Commis10 sioner of U.S. Immigration and Customs Enforcement 

11 shall jointly submit to the Committee on Ways and Means 

12 and the Committee on Homeland Security of the House 

13 of Representatives and the Committee on Finance and the 

14 Committee on Homeland Security and Governmental Af15 fairs of the Senate a report on— 

16 (1) the progress of the implementation of this 

17 Act; and 

18 (2) other actions to enhance and unify efforts 

19 to interdict, detain, seize, and investigate cultural 

20 property illegally imported into the United States, 

21 and investigate, disrupt, and dismantle smuggling 

22 and trafficking networks engaged in, conspiring to 

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1 engage in, or facilitating the illegal importation of 

2 cultural property. 

Passed the House of Representatives September 22, 

2016. 

Attest: KAREN L. HAAS, 

Clerk. 

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