I 

113TH CONGRESS 

2D SESSION H. R. 5703 

To protect and preserve international cultural property at risk of destruction 

due to political instability, armed conflict, or natural or other disasters, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 13, 2014 

Mr. ENGEL (for himself and Mr. SMITH of New Jersey) introduced the following bill; which was referred to the Committee on Foreign Affairs, and 

in addition to the Committees on Ways and Means, Armed Services, 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 protect and preserve international cultural property at 

risk of destruction due to political instability, armed conflict, or natural or other disasters, 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 ‘‘Protect and Preserve 

5 International Cultural Property Act’’. 


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1 SEC. 2. DEFINITION. 

2 In this Act: 

3 (1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—The term ‘‘appropriate congressional com5 mittees’’ means the Committee on Foreign Affairs of 

6 the House of Representatives and the Committee on 

7 Foreign Relations of the Senate. 

8 (2) CULTURAL PROPERTY.—The term ‘‘cultural 

9 property’’ has the meaning given in Article 1(a)–1(c) 

10 of the Hague Convention for the Protection of Cul11 tural Property in the Event of Armed Conflict, con12 cluded at The Hague on May 14, 1954 (Treaty Doc. 

13 106–1(A)). 

14 SEC. 3. FINDINGS AND STATEMENT OF POLICY. 

15 (a) FINDINGS.—Congress finds the following: 

16 (1) Protecting international cultural property is 

17 a vital part of United States cultural diplomacy, 

18 showing the respect of the United States for other 

19 cultures and the common heritage of humanity. 

20 (2) International cultural property has been 

21 lost, damaged, or destroyed due to political insta22 bility, armed conflict, natural disasters, and other 

23 threats. 

24 (3) In Egypt, recent political instability has led 

25 to the ransacking of its museums, resulting in the 

26 destruction of countless ancient artifacts that will 


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1 forever leave gaps in humanity’s record of the an2 cient Egyptian civilization. 

3 (4) In Iraq, after the fall of Saddam Hussein, 

4 thieves looted the Iraq Museum in Baghdad, result5 ing in the loss of approximately 15,000 items. These 

6 included ancient amulets, sculptures, ivories, and 

7 cylinder seals. Many of these items remain unre8 covered. 

9 (5) In Syria, the ongoing civil war has resulted 

10 in the shelling of medieval cities, damage to five 

11 UNESCO World Heritage Sites, and the looting of 

12 museums and archaeological sites. Archaeological 

13 and historic sites and artifacts in Syria date back 

14 more than six millennia and include some of the ear15 liest examples of writing. 

16 (6) In Iraq and Syria, the militant group ISIS/ 

17 ISIL has destroyed cultural sites and artifacts, such 

18 as the Tomb of Jonah in July 2014, in an effort to 

19 eradicate ethnic and religious minorities from con20 tested territories. Concurrently, cultural antiquities 

21 that escape demolition are looted and illicitly traf22 ficked to help fund ISIS/ISIL’s militant operations. 

23 (7) In Mali, the Al-Qaeda affiliated terrorist 

24 group Ansar Dine destroyed tombs and shrines in 

25 the ancient city of Timbuktu—a major center for 


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1 trade, scholarship, and Islam in the 15th and 16th 

2 centuries—and threatened collections of ancient 

3 manuscripts. 

4 (8) In Afghanistan, the Taliban decreed that 

5 the Bamiyan Buddhas, ancient statues carved into a 

6 cliff side in central Afghanistan, were to be de7 stroyed. In 2001 the Taliban carried out their threat 

8 and destroyed the statues, leading to worldwide con9 demnation. 

10 (9) In Cambodia, following the Khmer Rouge’s 

11 seizure of power in 1975 the Khmer Rouge system12 atically destroyed many of Cambodia’s Buddhist 

13 temples, desecrated statues, and destroyed Buddhist 

14 literature. The Khmer Rouge also destroyed 

15 mosques and nearly every Catholic church existing in 

16 the country. 

17 (10) In China, during the Cultural Revolution 

18 much of China’s antiques were destroyed, including 

19 a large portion of old Beijing. Chinese authorities 

20 are now attempting to rebuild portions of China’s 

21 lost architectural heritage. 

22 (11) In Haiti, the 2010 earthquake destroyed 

23 art, artifacts, and archives important to the people 

24 of Haiti, and partially destroyed the 17th century 

25 Haitian city of Jacmel. 


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1 (12) The 2004 Indian Ocean earthquake and 

2 tsunami not only affected eleven countries, causing 

3 massive loss of life, but also damaged or destroyed 

4 libraries, archives, and UNESCO World Heritage 

5 Sites such as the Mahabalipuram in India, the Sun 

6 Temple of Koranak on the Bay of Bengal, and the 

7 Old Town of Galle and its Fortifications in Sri 

8 Lanka. 

9 (13) The destruction of these and other cultural 

10 properties represents an irreparable loss of human11 ity’s common cultural heritage and is therefore a 

12 loss for all Americans. 

13 (14) The United States Armed Forces have 

14 played important roles in preserving and protecting 

15 cultural property. On June 23, 1943, President 

16 Franklin D. Roosevelt established the American 

17 Commission for the Protection and Salvage of Artis18 tic and Historic Monuments in War Areas to provide 

19 expert advice to the military on the protection of cul20 tural property. The Commission formed Monuments, 

21 Fine Arts, and Archives (MFAA) teams which be22 came part of the Civil Affairs Division of Military 

23 Government Section of the Allied armies. The indi24 viduals serving in the MFAA were known as the 

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1 curing, cataloguing, and returning hundreds of thou2 sands works of art stolen by the Nazis during World 

3 War II. 

4 (15) The U.S. Committee of the Blue Shield 

5 was founded in 2006 to support the implementation 

6 of the 1954 Hague Convention for the Protection of 

7 Cultural Property in the Event of Armed Conflict 

8 and to coordinate with the United States military, 

9 other branches of the United States Government, 

10 and other cultural heritage nongovernmental organi11 zations in preserving international cultural property 

12 threatened by political instability, armed conflict, 

13 natural, or other disasters. 

14 (b) STATEMENT OF POLICY.—It shall be the policy 

15 of the United States to— 

16 (1) protect and preserve international cultural 

17 property at risk of destruction due to political insta18 bility, armed conflict, or natural or other disasters; 

19 (2) protect international cultural property pur20 suant to its obligations under the 1954 Hague Con21 vention for the Protection of Cultural Property in 

22 the Event of Armed Conflict and customary inter23 national law in all conflicts to which the United 

24 States is a party; 


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1 (3) prevent, in accordance with existing laws, 

2 importation of cultural property pillaged, looted, or 

3 stolen during political instability, armed conflict, or 

4 natural or other disasters; and 

5 (4) ensure that existing laws and regulations, 

6 including import restrictions imposed through the 

7 Office of Foreign Asset Control (OFAC) of the De8 partment of the Treasury, are fully implemented to 

9 prevent the trafficking in stolen or looted cultural 

10 property. 

11 SEC. 4. WHITE HOUSE COORDINATOR FOR INTERNATIONAL 

12 CULTURAL PROPERTY PROTECTION. 

13 The President shall appoint a White House Coordi14 nator for International Cultural Property Protection. The 

15 Coordinator shall— 

16 (1) coordinate and promote efforts to address 

17 international cultural property protection activities 

18 that involve multiple Federal agencies, including dip19 lomatic activities, military activities, law enforcement 

20 activities, import restrictions, and the work of the 

21 Cultural Antiquities Task Force established pursu22 ant to the Consolidated Appropriations Act, 2004 

23 (Public Law 108–199); 

24 (2) submit to the appropriate congressional 

25 committees an annual report on interagency efforts 


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1 to protect international cultural property based on 

2 information required under section 5 of this Act; 

3 (3) provide policy recommendations, if nec4 essary; 

5 (4) resolve interagency differences in a timely, 

6 efficient, and effective manner; and 

7 (5) work and consult with domestic and inter8 national actors such as foreign governments, non9 governmental organizations, museums, educational 

10 institutions, research institutions, and the U.S. 

11 Committee of the Blue Shield on efforts to promote 

12 and protect international cultural property. 

13 SEC. 5. INFORMATION ON ACTIVITIES TO PROTECT INTER14 NATIONAL CULTURAL PROPERTY. 

15 (a) INFORMATION ON ACTIVITIES OF THE DEPART16 MENT OF STATE TO PROTECT INTERNATIONAL CUL17 TURAL PROPERTY.—The Secretary of State shall submit 

18 to the White House Coordinator for International Cultural 

19 Property Protection information on efforts of the Depart20 ment of State to protect international cultural property, 

21 including— 

22 (1) activities undertaken pursuant to the Hague 

23 Convention for the Protection of Cultural Property 

24 in the Event of Armed Conflict, including— 


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1 (A) procedures the Department has insti2 tuted to protect international cultural property 

3 at risk of destruction due to political instability, 

4 armed conflict, or natural or other disasters; 

5 and 

6 (B) actions the Department has taken to 

7 protect international cultural property in con8 flicts to which the United States is a party; and 

9 (2) actions the Department has taken to protect 

10 international cultural property pursuant to other 

11 cultural property protection statutes, international 

12 agreements, or policies. 

13 (b) INFORMATION ON ACTIVITIES OF USAID TO

14 PROTECT INTERNATIONAL CULTURAL PROPERTY.—The 

15 Administrator of the United States Agency for Inter16 national Development (USAID) shall submit to the White 

17 House Coordinator for International Cultural Property 

18 Protection information on efforts of USAID to protect 

19 international cultural property, including activities and co20 ordination with other Federal agencies, international orga21 nizations, and nongovernmental organizations regarding 

22 the protection of international cultural property at risk of 

23 destruction due to political unrest, armed conflict, natural 

24 or other disasters, and USAID development programs. 


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1 (c) INFORMATION ON ACTIVITIES OF THE DEPART2 MENT OF DEFENSE TO PROTECT INTERNATIONAL CUL3 TURAL PROPERTY.—The Secretary of Defense shall sub4 mit to the White House Coordinator for International Cul5 tural Property Protection information on efforts of the 

6 Department of Defense to protect international cultural 

7 property, including activities undertaken pursuant to the 

8 Hague Convention for the Protection of Cultural Property 

9 in the Event of Armed Conflict, other cultural protection 

10 statutes, and international agreements, including— 

11 (1) directives, policies, and regulations the De12 partment has instituted to protect international cul13 tural property at risk of destruction due to political 

14 instability, armed conflict, or natural or other disas15 ters; and 

16 (2) actions the Department has taken to protect 

17 international cultural property, including actions to 

18 avoid damage to cultural property through construc19 tion activities abroad. 

20 (d) INFORMATION ON ACTIVITIES OF THE DEPART21 MENT OF JUSTICE TO PROTECT INTERNATIONAL CUL22 TURAL PROPERTY.—The Attorney General, in consulta23 tion with the Secretary of Homeland Security, shall sub24 mit to the White House Coordinator for International Cul25 tural Property Protection information on efforts of the 


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1 Department of Justice to protect both international cul2 tural property and international cultural property located 

3 in, or attempted to be imported into, the United States, 

4 including activities undertaken pursuant to statutes and 

5 international agreements. Such information shall include 

6 the— 

7 (1) statutes and regulations the Department 

8 has employed in criminal, civil, and civil forfeiture 

9 actions to prevent and interdict trafficking in stolen 

10 and smuggled cultural property, including investiga11 tions into transnational organized crime; and 

12 (2) actions the Department has taken in order 

13 to ensure the consistent and effective application of 

14 law in cases relating to both international cultural 

15 property and international cultural property located 

16 in, or attempted to be imported into, the United 

17 States. 

18 SEC. 6. AUTHORIZATION FOR FEDERAL AGENCIES TO EN19 GAGE IN INTERNATIONAL CULTURAL PROP20 ERTY PROTECTION ACTIVITIES WITH THE 

21 SMITHSONIAN INSTITUTION. 

22 (a) IN GENERAL.—Notwithstanding any other provi23 sion of law, the Department of State, the Department of 

24 Defense, USAID, the Department of Homeland Security, 

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1 rior, the National Archives, the National Science Founda2 tion, and any other agency that is involved in international 

3 cultural property protection activities are authorized to 

4 enter into agreements or memoranda of understanding 

5 with the Smithsonian Institution to temporarily engage 

6 personnel from the Smithsonian Institution for the pur7 poses of furthering such international cultural property 

8 protection activities. 

9 (b) SALARIES AND EXPENSES.—The Federal agen10 cies or departments specified in subsection (a) are author11 ized to pay the salaries and expenses of personnel from 

12 the Smithsonian Institution to assist such agencies or de13 partments in their international cultural property protec14 tion activities, including in support of military or diplo15 matic missions and law enforcement efforts. 

16 SEC. 7. GRANTMAKING AUTHORIZATION FOR THE SEC17 RETARY OF STATE FOR INTERNATIONAL CUL18 TURAL PROPERTY PROTECTION ACTIVITIES. 

19 The Secretary of State is authorized to make grants 

20 to private individuals or organizations for the purposes of 

21 international cultural property protection activities in 

22 areas at risk of destruction due to political instability, 

23 armed conflict, or natural or other disasters. 


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1 SEC. 8. EMERGENCY PROTECTION FOR SYRIAN CULTURAL 

2 PROPERTY. 

3 (a) PRESIDENTIAL DETERMINATION.—Notwith4 standing subsection (b) of section 304 of the Convention 

5 on the Cultural Property Implementation Act (19 U.S.C. 

6 2603) (relating to a Presidential determination that an 

7 emergency condition applies with respect to any archae8 ological or ethnological material of any State Party to the 

9 Convention), the President shall apply the import restric10 tions referred to in such section 304 with respect to any 

11 archaeological or ethnological material of Syria as if Syria 

12 were a State Party to such Convention, except that sub13 section (c) of such section 304 shall not apply. Such im14 port restrictions shall take effect not later than 60 days 

15 after the date of the enactment of this Act. 

16 (b) DEFINITIONS.—In this section— 

17 (1) the term ‘‘archaeological or ethnological ma18 terial of Syria’’ means cultural property of Syria and 

19 other items of archaeological, historical, cultural, 

20 rare scientific, or religious importance unlawfully re21 moved from Syria on or after August 18, 2011; and 

22 (2) the term ‘‘State Party’’ has the meaning 

23 given such term in section 302 of the Convention on 

24 the Cultural Property Implementation Act (19 

25 U.S.C. 2601). 

Æ 


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