As of August 14, 2019, U.S. Customs and Border Protection (CBP) will enforce import restrictions on certain archaeological material from the People’s Democratic Republic of Algeria (Algeria). The U.S. has imposed these import restrictions pursuant to a bilateral agreement reached with Algeria under the Convention on Cultural Property Implementation Act (CPIA). The CPIA implements the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (the 1970 UNESCO Convention).
The U.S. received Algeria’s request for a certain import restrictions last summer.
The U.S. may impose the requested import restrictions only after determining that Algeria’s cultural heritage is in actual jeopardy, and Algeria has undertaken their own preventive and protective measures consistent with their obligations under the 1970 UNESCO Convention. Further, the U.S. must find that the application of such import restrictions comports with the general interest of the international community in the international trade of cultural property at large. When making these determinations, the U.S. considers the evidence set forth in a written statement that accompanies the country’s initial request.
As detailed in the written statement, Algeria’s archeological sites, some of which have been designated as World Heritage sites, are highly targeted by actors in the illegal cultural property trade. The looters and trafficking networks, though operating throughout Algeria, have concentrated their pillaging efforts to the Sahara as well as the eastern region of the country, which benefits from its close proximity to the international trafficking networks located near the Mediterranean. The written statement describes in detail both the measures adopted and action taken by Algeria to internally combat the threat posed by the rampant pillaging, including the enactment of various laws and regulations to the establishment of a special police squad responsible for investigating cultural-heritage related crimes. The imposition of import restrictions on certain material from Algeria then reflects an affirmative determination on the part of the U.S. that Algeria’s cultural heritage is under serious threat, and Algeria is committed to internally combating the looting networks at large in the country’s territories.
The newly imposed import restrictions cover various archeological and ethnological material from Algeria that represents its prehistoric through Ottoman Era heritage (material dating from approximately 2.4 million years up to 250 years ago). A complete list of the material subject to import restrictions can be found here. The final text of the bilateral agreement and rule will soon be available here listed under “Algeria”.
Note that under these restrictions, this material cannot be imported into the U.S. unless the material is accompanied by supporting documentation that the material left Algeria legally and not in violation of any Algerian export laws. Absent an extension, these restrictions will remain in effect until August 2024.
For more information, please do not hesitate to contact one of the attorneys at Barnes, Richardson & Colburn, LLP. For 100 years, Barnes, Richardson & Colburn has focused on international trade regulation and customs law and has advised over one third of manufacturers in the Fortune 100.
