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1 1 (March 1, 2021)

handle is hein.crs/goveckn0001 and id is 1 raw text is: Congressional Research Servdce 0 March 1, 2021 Transnational Crime Issues: Arts and Antiquities Trafficking Illegal trade in arts and antiquities, also referred to as trafficking of arts and antiquities or cultural property, is a long-standing practice through which criminal actors profit from the destruction, looting, or theft of culturally significant items. Estimates of the financial value of this illegal trade range from several hundred million to billions of dollars annually. Certain characteristics of the arts and antiquities industries - such as confidentiality, challenges in documenting the provenance (ownership history) of certain items, the use of intermediaries, and inconsistent due diligence practices - may contribute to the illegal trade and enable traffickers to gain access to the U.S. financial system. Congress has sought to strengthen U.S. responses to arts and antiquities trafficking through means including ratifying international agreements, directing executive branch initiatives, and regulating relevant industries. Since the early 2000s, congressional interest in cultural property trafficking as a national security issue has increased amidst evidence of links to money laundering, sanctions evasion, and terrorist financing, including by the Islamic State. Recent federal government actions appear to frame the issue as a challenge relating to transnational crime, illicit finance, and global corruption and as an opportunity to preserve cultural heritage, strengthen bilateral relationships, and build goodwill. International Framework The United States is a state party to the 1970 U.N. Educational, Scientific, and Cultural Organization (UNESCO) Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. Congress implemented the convention in 1983 through the Convention on Cultural Property Implementation Act (CCPIA, P.L. 97-446 as amended). In 2008, the United States became a state party to the 1954 Hague Convention on the Protection of Cultural Property in the Event of Armed Conflict. The United States expressed understandings and reservations about both agreements, which contained provisions relating to safeguarding cultural property. The United States is also a member of certain inter-governmental entities that, as part of their activities, address arts and antiquities trafficking, including the International Criminal Police Organization (INTERPOL) and the World Customs Organization. Selected U.S. Agenc Roles The Department of State The Bureau of Educational and Cultural Affairs (ECA) oversees U.S. efforts to protect and preserve cultural materials. ECA leads public diplomacy efforts and supports third-party anti-trafficking efforts, such as the development of lists of cultural objects at risk with the International Council of Museums. ECA's Cultural Heritage Center houses numerous anti-trafficking initiatives, including: The Cultural Property Advisory Committee (CPAC) reviews and makes recommendations to the Secretary of State about requests from foreign governments for bilateral agreements to establish U.S. import restrictions of designated archaeological or ethnological material. This work is pursuant to the CCPIA, which authorized such agreements with state parties to the 1970 UNESCO convention in an effort to reduce incentives for pillage. Agreements are subject to certain requirements, including a determination that the requesting state has itself taken steps to protect its cultural property. The Cultural Antiquities Task Force (CATF) was established as directed by H.Rept. 108-401, which accompanied the Consolidated Appropriations Act of 2004 (P.L. 108-199). Originally created to focus on the preservation of Iraqi antiquities, the CATF has grown to coordinate interagency activities to combat antiquities trafficking and support law enforcement trainings. The Cultural Heritage Coordinating Committee (CHCC) was established in 2016 pursuant to the Protect and Preserve International Cultural Property Act (P.L. 114- 151). The CHCC coordinates diplomatic and law enforcement efforts to protect cultural property. The CATF became a working group under the CHCC in 2016. Current U.S. Import Restrictions for Certain Categories of Cultural Property The CCPIA authorizes bilateral agreements for U.S. import restrictions on certain categories of archaeological or ethnological material. Agreements may not last or be extended for more than five years at a time. The CCPIA authorizes the President to apply restrictions without an agreement with a requesting state if the President determines that an emergency condition applies, such as in the case of Yemen. In the cases of Iraq and Syria, Congress authorized the President to apply import restrictions without a request from those states. Bilateral agreements (20): Algeria (2019), Belize (2013), Bolivia (2001), Bulgaria (2014), Cambodia (2003), China (2009), Chile (2020), Colombia (2006), Cyprus (2002), Ecuador (2020), Egypt (2016), El Salvador (1995), Greece (2011), Guatemala (1997), Honduras (2004), Italy (2001), Jordan (2020), Libya (2018), Mali (1997), Peru (1997) Restrictions initiated on an emergency basis (3): Iraq (2008), pursuant to the Emergency Protection for Iraqi Cultural Antiquities Act of 2004 (P.L. 108- 429); )s://crsreports.conp ress.

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