§ 2091. List of stone carvings and wall art; promulgation and revision; criteria for classification

The Secretary, after consultation with the Secretary of State, by regulation shall promulgate, and thereafter when appropriate shall revise, a list of stone carvings and wall art which are pre-Columbian monumental or architectural sculpture or murals within the meaning of paragraph (3) of section 2095 of this title . Such stone carvings and wall art may be listed by type or other classification deemed appropriate by the Secretary.

§ 2092. Export certification requirement

• (a) No pre-Columbian monumental or architectural sculpture or mural which is exported (whether or not such exportation is to the United States) from the country of origin after the effective date of the regulation listing such sculpture or mural pursuant to section 2091 of this title may be imported into the United States unless the government of the country of origin of such sculpture or mural issues a certificate, in a form acceptable to the Secretary, which certifies that such exportation was not in violation of the laws of that country.
• (b) If the consignee of any pre-Columbian monumental or architectural sculpture or mural is unable to present to the customs officer concerned at the time of making entry of such sculpture or mural—
  • (1) the certificate of the government of the country of origin required under subsection (a) of this section;
  • (2) satisfactory evidence that such sculpture or mural was exported from the country of origin on or before the effective date of the regulation listing such sculpture or mural pursuant to section 2091 of this title ; or
  • (3) satisfactory evidence that such sculpture or mural is not covered by the list promulgated under section 2091 of this title ;

§ 2093. Forfeiture of unlawful imports

• (a) Any pre-Columbian monumental or architectural sculpture or mural imported into the United States in violation of this chapter shall be seized and subject to forfeiture under the customs laws.
• (b) Any pre-Columbian monumental or architectural sculpture or mural which is forfeited to the United States shall—
  • (1) first be offered for return to the country of origin and shall be returned if that country bears all expenses incurred incident to such return and complies with such other requirements relating to the return as the Secretary shall prescribe; or
  • (2) if not returned to the country of origin, be disposed of in the manner prescribed by law for articles forfeited for violation of the customs laws.

§ 2094. Rules and regulations

The Secretary shall prescribe such rules and regulations as are necessary and appropriate to carry out the provisions of this chapter.

§ 2095. Definitions

For the purposes of this chapter—

• (1) The term “Secretary” means the Secretary of the Treasury.
• (2) The term “United States” includes the several States, the District of Columbia, and the Commonwealth of Puerto Rico.
• (3) The term “pre-Columbian monumental or architectural sculpture or mural” means—
  • (A) any stone carving or wall art which—
    • (i) is the product of a pre-Columbian Indian culture of Mexico, Central America, South America, or the Caribbean Islands;
    • (ii) was an immobile monument or architectural structure or was a part of, or affixed to, any such monument or structure; and
    • (iii) is subject to export control by the country of origin; or
  • (B) any fragment or part of any stone carving or wall art described in subparagraph (A) of this paragraph.
• (4) The term “country of origin”, as applied to any pre-Columbian monumental or architectural sculpture or mural, means the country where such sculpture or mural was first discovered.