II 

114TH CONGRESS 

2D SESSION S. 3538 

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 SENATE OF THE UNITED STATES 

DECEMBER 9, 2016 

Mr. CASEY (for himself and Mr. GRASSLEY) introduced the following bill; 

which was read twice and referred to the Committee on Finance 

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’’. 

6 SEC. 2. DEFINITION. 

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

8 property covered under— 


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1 (1) Article 1 of the Convention for the Protec2 tion of Cultural Property in the Event of Armed 

3 Conflict, done at The Hague on May 14, 1954 

4 (Treaty Doc. 106–1(A)) (commonly referred to as 

5 the ‘‘Hague Convention’’); or 

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

7 of Prohibiting and Preventing the Illicit Import, Ex8 port, and Transfer of Ownership of Cultural Prop9 erty, done at Paris November 14, 1970. 

10 SEC. 3. STATEMENT OF POLICY. 

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

12 (1) ensure the components of the Department 

13 of Homeland Security enhance and unify efforts 

14 to— 

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

16 cultural property illegally imported into the 

17 United States; 

18 (B) disrupt and dismantle smuggling and 

19 trafficking networks and transnational criminal 

20 organizations engaged in, conspiring to engage 

21 in, or facilitating illegal trade in cultural prop22 erty, including stolen antiquities used to finance 

23 terrorism; and 

24 (C) support offices of United States Attor25 neys in prosecuting persons engaged in, conVerDate Sep 11 2014 00:52 Dec 15, 2016 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3538.IS S3538

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1 spiring to engage in, or facilitating illegal trade 

2 in cultural property; and 

3 (2) protect cultural property pursuant to its ob4 ligations under the Convention for the Protection of 

5 Cultural Property in the Event of Armed Conflict, 

6 the Convention on the Means of Prohibiting and 

7 Preventing the Illicit Import, Export, and Transfer 

8 of Ownership of Cultural Property, and the Conven9 tion on Cultural Property Implementation Act (19 

10 U.S.C. 2601 et seq.). 

11 SEC. 4. ACTIVITIES OF THE DEPARTMENT OF HOMELAND 

12 SECURITY. 

13 The Commissioner of U.S. Customs and Border Pro14 tection and the Director of U.S. Immigration and Customs 

15 Enforcement shall— 

16 (1) designate a principal coordinator within 

17 U.S. Customs and Border Protection and U.S. Im18 migration and Customs Enforcement, respectively, to 

19 direct, manage, coordinate, and update their respec20 tive policies and procedures, as well as conduct 

21 interagency communications, regarding illegally im22 ported cultural property; 

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

24 and memoranda of understanding of U.S. Customs 

25 and Border Protection and U.S. Immigration and 


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1 Customs Enforcement, respectively, and, if nec2 essary, devise additional directives, regulations, 

3 rules, and memoranda of understanding, relating to 

4 policies and procedures on the illegal importation of 

5 cultural property in order to— 

6 (A) reflect changes in cultural property 

7 law, including changes and updates to relevant 

8 treaties, bilateral agreements, statutes, regula9 tions, and case law that occurred subsequent to 

10 Customs Directive No. 5230–015, entitled 

11 ‘‘Customs Directive on Detention and Seizure 

12 of Cultural Property’’ and dated April 18, 

13 1991; 

14 (B) emphasize investigating, and providing 

15 support for investigations and prosecutions, of 

16 persons engaged in, conspiring to engage in, or 

17 facilitating the illegal importation of cultural 

18 property, including smugglers, dealers, buyers, 

19 money launderers, and any other appropriate 

20 parties; and 

21 (C) provide for communication and coordi22 nation between relevant offices of U.S. Customs 

23 and Border Protection and U.S. Immigration 

24 and Customs Enforcement, respectively, in in25 vestigating and supporting prosecutions of perVerDate Sep 11 2014 00:52 Dec 15, 2016 Jkt 069200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3538.IS S3538

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1 sons engaged in, conspiring to engage in, or fa2 cilitating the illegal importation of cultural 

3 property; and 

4 (3) ensure relevant personnel within U.S. Cus5 toms and Border Protection and U.S. Immigration 

6 and Customs Enforcement, respectively, receive suf7 ficient training in— 

8 (A) relevant cultural property laws; 

9 (B) the identification of cultural property 

10 that is at greatest risk of looting and traf11 ficking; and 

12 (C) methods of interdiction and investiga13 tive techniques specifically related to illegal 

14 trade in cultural property. 

15 SEC. 5. ROLE OF THE SMITHSONIAN INSTITUTION. 

16 The Secretary of Homeland Security shall ensure 

17 that the heads of all components of the Department of 

18 Homeland Security involved in cultural property protec19 tion activities are authorized to enter into agreements or 

20 memoranda of understanding with the Smithsonian Insti21 tution to temporarily engage personnel from the Smithso22 nian Institution for the purposes of furthering such cul23 tural property protection activities. 


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1 SEC. 6. REPORT. 

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

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

4 U.S. Customs and Border Protection and the Commis5 sioner of U.S. Immigration and Customs Enforcement 

6 shall jointly submit to the Committee on Ways and Means 

7 and the Committee on Homeland Security of the House 

8 of Representatives and the Committee on Finance and the 

9 Committee on Homeland Security and Governmental Af10 fairs of the Senate a report on— 

11 (1) the progress of the implementation of this 

12 Act; and 

13 (2) other actions to enhance and unify efforts 

14 to interdict, detain, seize, and investigate cultural 

15 property illegally imported into the United States, 

16 and investigate, disrupt, and dismantle smuggling 

17 and trafficking networks engaged in, conspiring to 

18 engage in, or facilitating the illegal importation of 

19 cultural property. 

Æ 


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