I 

114TH CONGRESS 

1ST SESSION H. R. 2285 

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. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 13, 2015 

Mr. KEATING (for himself, Mr. MCCAUL, and Mr. ENGEL) introduced the following bill; which was referred to the Committee on Ways and Means, 

and in addition to the Committees on Homeland Security and the Judiciary, for a period to be subsequently determined by the Speaker, in each 

case for consideration of such provisions as fall within the jurisdiction of 

the committee concerned 

A BILL 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 in Cultural Property Act’’. 


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1 SEC. 2. DEFINITION. 

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

3 property covered under— 

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

5 Protection of Cultural Property in the Event of 

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

7 1954 (Treaty 13 Doc. 106–1(A)); or 

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

9 of Prohibiting and Preventing the Illicit Import, Ex10 port, and Transfer of Ownership of Cultural Prop11 erty, adopted by the United Nations Educational, 

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

13 on November 14, 1970. 

14 SEC. 3. STATEMENT OF POLICY. 

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

16 (1) ensure the Department of Homeland Secu17 rity, specifically U.S. Customs and Border Protec18 tion (CBP) and U.S. Immigration and Customs En19 forcement (ICE), enhances and unifies its efforts 

20 to— 

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

22 cultural property illegally imported into the 

23 United States; 

24 (B) disrupt and dismantle smuggling and 

25 trafficking networks engaged in, conspiring to 

26 engage in, or facilitating illegal trade in cultural 


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1 property, including stolen antiquities used to fi2 nance terrorism; and 

3 (C) support Offices of United States Attor4 neys in prosecuting persons engaged in, con5 spiring to engage in, or facilitating illegal trade 

6 in cultural property; and 

7 (2) protect cultural property pursuant to its ob8 ligations under the 1954 Hague Convention for the 

9 Protection of Cultural Property in the Event of 

10 Armed Conflict, the 1970 UNESCO Convention on 

11 the Means of Prohibiting and Preventing the Illicit 

12 Import, Export, and Transfer of Ownership of Cul13 tural Property, and the Convention on Cultural 

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

15 2613). 

16 SEC. 4. ACTIVITIES OF THE DEPARTMENT OF HOMELAND 

17 SECURITY. 

18 The Secretary of Homeland Security, acting through 

19 the Commissioner of CBP and the Director of ICE, as 

20 applicable, shall— 

21 (1) direct CBP and ICE to each designate a 

22 principal coordinator or group of personnel to direct, 

23 manage, coordinate, and update their respective poli24 cies and procedures, as well as conduct interagency 


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1 communications, regarding illegally imported cul2 tural property; 

3 (2) direct CBP and ICE to each update existing 

4 directives, regulations, rules, and memoranda of un5 derstanding, and, if necessary, devise additional di6 rectives, regulations, rules, and memoranda of un7 derstanding, relating to policies and procedures on 

8 the illegal importation of cultural property in order 

9 to— 

10 (A) reflect changes in cultural property 

11 law, including changes and updates to relevant 

12 treaties, bilateral agreements, statutes, regula13 tions, and case law that occurred subsequent to 

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

15 Directive on Detention and Seizure of Cultural 

16 Property’’, dated April 18, 1991; 

17 (B) emphasize investigating, and providing 

18 support for investigations and prosecutions, of 

19 persons engaged in, conspiring to engage in, or 

20 facilitating the illegal importation of cultural 

21 property, including smugglers, dealers, buyers, 

22 money launderers, and any other parties, 

23 facilitators, and enablers; and 

24 (C) provide for communication, coordina25 tion, and unity of effort between relevant CBP 


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1 and ICE offices in investigating and supporting 

2 prosecutions of persons engaged in, conspiring 

3 to engage in, or facilitating the illegal importa4 tion of cultural property; and 

5 (3) ensure all personnel within CBP and ICE 

6 involved in interdicting and investigating the illegal 

7 importation of cultural property receive sufficient 

8 training in— 

9 (A) relevant cultural property laws; 

10 (B) the identification of cultural property 

11 from regions that are at greatest risk of looting 

12 and trafficking; and 

13 (C) methods of interdiction and investiga14 tive techniques specifically related to illegal 

15 trade in cultural property. 

16 SEC. 5. ROLE OF THE SMITHSONIAN INSTITUTION. 

17 The Secretary of Homeland Security shall ensure 

18 that the heads of all components of the Department of 

19 Homeland Security involved in cultural property protec20 tion activities are authorized to enter into agreements or 

21 memoranda of understanding with the Smithsonian Insti22 tution to temporarily engage personnel from the Smithso23 nian Institution for the purposes of furthering such cul24 tural property protection activities. 


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1 SEC. 6. REPORT. 

2 Not later than one year after the date of the enact3 ment of this Act and three years thereafter, the Secretary 

4 of Homeland Security shall submit to the Committee on 

5 Homeland Security of the House of Representatives and 

6 the Committee on Homeland Security and Governmental 

7 Affairs of the Senate a report on— 

8 (1) the progress of the implementation of this 

9 Act; and 

10 (2) the Department’s other actions to enhance 

11 and unify its efforts to interdict, detain, seize, and 

12 investigate cultural property illegally imported into 

13 the United States, and investigate, disrupt, and dis14 mantle smuggling and trafficking networks engaged 

15 in, conspiring to engage in, or facilitating the illegal 

16 importation of cultural property. 

Æ 


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