Page:United States Statutes at Large Volume 96 Part 2.djvu/990

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PUBLIC LAW 97-000—MMMM. DD, 1982

96 STAT. 2352

PUBLIC LAW 97-446—JAN. 12, 1983 (10) The term "United States" includes the several States, the District of Columbia, and any territory or area the foreign relations for which the United States is responsible. (11) The term "United States citizen" means— (A) any individual who is a citizen or national of the United States; (B) any corporation, partnership, association, or other legal entity organized or existing under the laws of the United States or any State; or (C) any department, agency, or entity of the Federal Government or of any government of any State.

19 USC 2602.

SEC. 303. AGREEMENTS TO IMPLEMENT ARTICLE 9 OF THE CONVENTION. (a) AGREEMENT AUTHORITY.—

(1) IN GENERAL.—If the President determines, after request is made to the United States under article 9 of the Convention by any State Party— (A) that the cultural patrimony of the State Party is in jeopardy from the pillage of archaeological or ethnological materials of the State Party; (B) that the State Party has taken measures consistent with the Convention to protect its cultural patrimony; (C) that— (i) the application of the import restrictions set forth in section 307 with respect to archaeological or ethnological material of the State Party, if applied in concert with similar restrictions implemented, or to be implemented within a reasonable period of time, by those nations (whether or not State Parties) individually having a significant import trade in such material, would be of substantial benefit in deterring a serious situation of pillage, and (ii) remedies less drastic than the application of the restrictions set forth in such section are not available; and (D) that the application of the import restrictions set forth in section 307 in the particular circumstances is consistent with the general interest of the international community in the interchange of cultural property among nations for scientific, cultural, and educational purposes; the President may, subject to the provisions of this title, take the actions described in paragraph (2). (2) AUTHORITY OF PRESIDENT.—For purposes of paragraph (1), the President may enter into— (A) a bilateral agreement with the State Party to apply the import restrictions set forth in section 307 to the archaeological or ethnological material of the State Party the pillage of which is creating the jeopardy to the cultural patrimony of the State Party found to exist under paragraph (I)(A); or (B) a multilateral agreement with the State Party and with one or more other nations (whether or not a State Party) under which the United States will apply such restrictions, and the other nations will apply similar restrictions, with respect to such material. (3) REQUESTS.—A request made to the United States under article 9 of the C!onvention by a State Party must be accompa-