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 prop-
erty and prevent stolen or illicit cultural property from 
financing terrorist and criminal networks, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Prevent Trafficking 
in Cultural Property Act’’. 
SEC. 2. DEFINITION. 
In this Act, the term ‘‘cultural property’’ includes 
property covered under— 
(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, Ex-
port, and Transfer of Ownership of Cultural Prop-
erty, adopted by the United Nations Educational, 
Scientific and Cultural Organization (‘‘UNESCO’’) 
on November 14, 1970. 
SEC. 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 
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organizations engaged in, conspiring to engage 
in, or facilitating illegal trade in cultural prop-
erty, including stolen antiquities used to finance 
terrorism; and 
(C) support Offices of United States Attor-
neys in prosecuting persons engaged in, con-
spiring to engage in, or facilitating illegal trade 
in cultural property; and 
(2) protect cultural property pursuant to its ob-
ligations 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 Cul-
tural Property, and the Convention on Cultural 
Property Implementation Act (19 U.S.C. 2601– 
2613). 
SEC. 4. ACTIVITIES OF THE DEPARTMENT OF HOMELAND 
SECURITY. 
The Commissioner of U.S. Customs and Border Pro-
tection 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. Im-
migration and Customs Enforcement, respectively, to 
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direct, manage, coordinate, and update their respec-
tive policies and procedures, as well as conduct 
interagency communications, regarding illegally im-
ported 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 nec-
essary, 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, regula-
tions, and case law that occurred subsequent to 
Customs Directive No. 5230–015, ‘‘Customs 
Directive on Detention and Seizure of Cultural 
Property’’, dated April 18, 1991; 
(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, 
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money launderers, and any other appropriate 
parties; and 
(C) provide for communication and coordi-
nation between relevant U.S. Customs and Bor-
der Protection and U.S. Immigration and Cus-
toms Enforcement offices, respectively, in inves-
tigating and supporting prosecutions of persons 
engaged in, conspiring to engage in, or facili-
tating the illegal importation of cultural prop-
erty; and 
(3) ensure relevant personnel within U.S. Cus-
toms and Border Protection and U.S. Immigration 
and Customs Enforcement, respectively, receive suf-
ficient training in— 
(A) relevant cultural property laws; 
(B) the identification of cultural property 
that is at greatest risk of looting and traf-
ficking; and 
(C) methods of interdiction and investiga-
tive techniques specifically related to illegal 
trade in cultural property. 
SEC. 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 protec-
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