Prevent Trafficking in Cultural Property 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. Short title This Act may be cited as the Prevent Trafficking in Cultural Property Act 2. Definition In this Act, the term cultural property (1) Article 1 of the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, adopted at the Hague on May 14, 1954 (Treaty 13 Doc. 106–1(A)); or (2) Article 1 of the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property, adopted by the United Nations Educational, Scientific and Cultural Organization ( UNESCO 3. Statement of policy It shall be the policy of the United States to— (1) ensure the components of the Department of Homeland Security enhance and unify efforts to— (A) interdict, detain, seize, and investigate cultural property illegally imported into the United States; (B) disrupt and dismantle smuggling and trafficking networks and transnational criminal organizations engaged in, conspiring to engage in, or facilitating illegal trade in cultural property, including stolen antiquities used to finance terrorism; and (C) support Offices of United States Attorneys in prosecuting persons engaged in, conspiring to engage in, or facilitating illegal trade in cultural property; and (2) protect cultural property pursuant to its obligations under the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property, and the Convention on Cultural Property Implementation Act ( 19 U.S.C. 2601–2613 4. Activities of the Department of Homeland Security The Commissioner of U.S. Customs and Border Protection and the Director of U.S. Immigration and Customs Enforcement shall— (1) designate a principal coordinator within U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement, respectively, to direct, manage, coordinate, and update their respective policies and procedures, as well as conduct interagency communications, regarding illegally imported cultural property; (2) update existing directives, regulations, rules, and memoranda of understanding of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement, respectively, and, if necessary, devise additional directives, regulations, rules, and memoranda of understanding, relating to policies and procedures on the illegal importation of cultural property in order to— (A) reflect changes in cultural property law, including changes and updates to relevant treaties, bilateral agreements, statutes, regulations, and case law that occurred subsequent to Customs Directive No. 5230–015, Customs Directive on Detention and Seizure of Cultural Property (B) emphasize investigating, and providing support for investigations and prosecutions, of persons engaged in, conspiring to engage in, or facilitating the illegal importation of cultural property, including smugglers, dealers, buyers, money launderers, and any other appropriate parties; and (C) provide for communication and coordination between relevant U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement offices, respectively, in investigating and supporting prosecutions of persons engaged in, conspiring to engage in, or facilitating the illegal importation of cultural property; and (3) ensure relevant personnel within U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement, respectively, receive sufficient training in— (A) relevant cultural property laws; (B) the identification of cultural property that is at greatest risk of looting and trafficking; and (C) methods of interdiction and investigative techniques specifically related to illegal trade in cultural property. 5. Role of the Smithsonian Institution The Secretary of Homeland Security shall ensure that the heads of all components of the Department of Homeland Security involved in cultural property protection activities are 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 cultural property protection activities. 6. Report Not later than one year after the date of the enactment of this Act and three years thereafter, the Commissioner of U.S. Customs and Border Protection and the Commissioner of U.S. Immigration and Customs Enforcement shall jointly submit to the Committee on Homeland Security and the Committee on Ways and Means of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Finance of the Senate a report on— (1) the progress of the implementation of this Act; and (2) other actions to enhance and unify efforts to interdict, detain, seize, and investigate cultural property illegally imported into the United States, and investigate, disrupt, and dismantle smuggling and trafficking networks engaged in, conspiring to engage in, or facilitating the illegal importation of cultural property. 1. Short title This Act may be cited as the Prevent Trafficking in Cultural Property Act 2. Definition In this Act, the term cultural property (1) Article 1 of the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, adopted at the Hague on May 14, 1954 (Treaty 13 Doc. 106–1(A)); or (2) Article 1 of the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property, adopted by the United Nations Educational, Scientific and Cultural Organization ( UNESCO 3. Statement of policy It shall be the policy of the United States to— (1) ensure the components of the Department of Homeland Security enhance and unify efforts to— (A) interdict, detain, seize, and investigate cultural property illegally imported into the United States; (B) disrupt and dismantle smuggling and trafficking networks and transnational criminal organizations engaged in, conspiring to engage in, or facilitating illegal trade in cultural property, including stolen antiquities used to finance terrorism; and (C) support Offices of United States Attorneys in prosecuting persons engaged in, conspiring to engage in, or facilitating illegal trade in cultural property; and (2) protect cultural property pursuant to its obligations under the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property, and the Convention on Cultural Property Implementation Act ( 19 U.S.C. 2601–2613 4. Activities of the Department of Homeland Security The Commissioner of U.S. Customs and Border Protection and the Director of U.S. Immigration and Customs Enforcement shall— (1) designate a principal coordinator within U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement, respectively, to direct, manage, coordinate, and update their respective policies and procedures, as well as conduct interagency communications, regarding illegally imported cultural property; (2) update existing directives, regulations, rules, and memoranda of understanding of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement, respectively, and, if necessary, devise additional directives, regulations, rules, and memoranda of understanding, relating to policies and procedures on the illegal importation of cultural property in order to— (A) reflect changes in cultural property law, including changes and updates to relevant treaties, bilateral agreements, statutes, regulations, and case law that occurred subsequent to Customs Directive No. 5230–015, Customs Directive on Detention and Seizure of Cultural Property (B) emphasize investigating, and providing support for investigations and prosecutions, of persons engaged in, conspiring to engage in, or facilitating the illegal importation of cultural property, including smugglers, dealers, buyers, money launderers, and any other appropriate parties; and (C) provide for communication and coordination between relevant U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement offices, respectively, in investigating and supporting prosecutions of persons engaged in, conspiring to engage in, or facilitating the illegal importation of cultural property; and (3) ensure relevant personnel within U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement, respectively, receive sufficient training in— (A) relevant cultural property laws; (B) the identification of cultural property that is at greatest risk of looting and trafficking; and (C) methods of interdiction and investigative techniques specifically related to illegal trade in cultural property. 5. Role of the Smithsonian Institution The Secretary of Homeland Security shall ensure that the heads of all components of the Department of Homeland Security involved in cultural property protection activities are 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 cultural property protection activities. 6. Report Not later than one year after the date of the enactment of this Act and three years thereafter, the Commissioner of U.S. Customs and Border Protection and the Commissioner of U.S. Immigration and Customs Enforcement shall jointly submit to the Committee on Ways and Means and the Committee on Homeland Security of the House of Representatives and the Committee on Finance and the Committee on Homeland Security and Governmental Affairs of the Senate a report on— (1) the progress of the implementation of this Act; and (2) other actions to enhance and unify efforts to interdict, detain, seize, and investigate cultural property illegally imported into the United States, and investigate, disrupt, and dismantle smuggling and trafficking networks engaged in, conspiring to engage in, or facilitating the illegal importation of cultural property. September 19, 2016 Reported from the Committee on Ways and Means September 19, 2016 The Committee on the Judiciary

Summary: Prevent Trafficking in Cultural Property Act (Sec. 3) This bill declares that it is U.S. policy to: (1) ensure that Department of Homeland Security (DHS) components enhance and unify their efforts to interdict, detain, seize, and investigate cultural property illegally imported into the United States, disrupt and dismantle smuggling and trafficking networks engaged in or facilitating illegal trade in cultural property, and support prosecutions of persons engaged in such illegal trade; and (2) protect cultural property pursuant to obligations under international conventions. (Sec. 4) It directs the U.S. Customs and Border Protection (CBP) and the U.S. Immigration and Customs Enforcement (ICE) to: (1) designate a principal coordinator to direct, manage, coordinate, and update policies and procedures, and conduct interagency communications, regarding illegally imported cultural property; (2) update and devise directives, regulations, rules, and memoranda of understanding relating to policies and procedures on the illegal importation of cultural property; and (3) train relevant personnel on cultural property laws, identification of at-risk items, and investigative techniques with respect to illegally traded cultural property. (Sec. 5) DHS must authorize relevant component heads to enter into agreements or memoranda of understanding with the Smithsonian Institution to further activities to protect cultural property. (Sec. 6) The CBP and ICE must jointly report to Congress on implementation of this bill and other actions to prevent the illegal importation of cultural property into the United States.