The Baghdad Museum Project
BaghdadMuseum.org
 
TELL CONGRESS TO PROTECT IRAQ'S CULTURAL HERITAGE
Join Our Appeal to Members of Congress
[Add your comments to this appeal below.]

Dear Colleague:

We are writing to urge you to consider becoming a cosponsor of H.R. 2009, The Iraq Cultural Heritage Protection Act. This legislation intends to provide for the recovery, restitution, and protection of the priceless pieces of cultural heritage belonging to the nation of Iraq.

Imagine if the National Archives or the Smithsonian Institution in Washington, DC, were sacked and precious copies of the Constitution and other historical objects were stolen. That is literally what has happened to the Iraq National Museum in Baghdad. Many artifacts contained in the museum were excavated from what has come to be known as the "Cradle of Civilization" with experts fearing that some of the more sophisticated looters already had buyers lined up to purchase the more precious of these objects.

The Iraq Cultural Heritage Act is designed to close a loophole in current law which is a result of the current lack of a legitimate government in Iraq. This legislation would prohibit the importation into the United States of any archeological or cultural material removed from Iraq without appropriate documentation after the imposition of sanctions on that country by Executive Order 12722 of August 2, 1990. 

We hope you will consider joining us in this effort to protect and restore some of the most important creations in the history of human civilization. Doing so is a duty we owe both the past and the future. If you have questions or need further information about The Iraq Cultural Heritage Protection Act, or to have your name added as a cosponsor, please contact Christine Rogala with Congressman English at (202) 225-5406 or Sarah Morgan with Congressman Leach at (202) 225-6576.

Sincerely,

Phil English
Member of Congress

James A. Leach
Member of Congress
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The Baghdad Museum Project strongly supports The Iraq Cultural Heritage Protection Act and urges you to show your support now by sending Congress your comments in the form below. Include your home zip code so that your message can be forwarded directly to your own Representative.

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Update: May 29, 2003

Since May 9, the following members of Congress have joined as co-sponsors of The Iraq Cultural Heritage Protection Act:

Rep Frost, Martin - 5/9/2003 [TX-24]
Rep McDermott, Jim - 5/9/2003 [WA-7]
Rep Shaw, E. Clay, Jr. - 5/9/2003 [FL-22]
Rep Houghton, Amo - 5/9/2003 [NY-29]
Rep Herger, Wally - 5/9/2003 [CA-2]
Rep Nussle, Jim - 5/9/2003 [IA-1]
Rep Blunt, Roy - 5/9/2003 [MO-7]
Rep Murphy, Tim - 5/9/2003 [PA-18]
Rep Gerlach, Jim - 5/9/2003 [PA-6]
Rep Dunn, Jennifer - 5/9/2003 [WA-8]
Rep Foley, Mark - 5/9/2003 [FL-16]
Rep Weller, Jerry - 5/9/2003 [IL-11]
Rep Collins, Mac - 5/9/2003 [GA-8]
Rep Janklow, William J. - 5/9/2003 [SD]
Rep Kline, John - 5/9/2003 [MN-2]
Rep Isakson, Johnny - 5/9/2003 [GA-6]
Rep DeMint, Jim - 5/9/2003 [SC-4]
Rep Jenkins, William L. - 5/9/2003 [TN-1]
Rep Hayworth, J. D. - 5/9/2003 [AZ-5]
Rep Goss, Porter J. - 5/9/2003 [FL-14]
Rep Hart, Melissa A. - 5/9/2003 [PA-4]
Rep Gutknecht, Gil - 5/9/2003 [MN-1]
Rep Coble, Howard - 5/9/2003 [NC-6]
Rep Johnson, Nancy L. - 5/9/2003 [CT-5]
Rep Weldon, Curt - 5/9/2003 [PA-7]
Rep Ramstad, Jim - 5/9/2003 [MN-3]
Rep Cantor, Eric - 5/9/2003 [VA-7]
Rep Peterson, John E. - 5/14/2003 [PA-5]
Rep Cummings, Elijah E. - 5/14/2003 [MD-7]
Rep Towns, Edolphus - 5/14/2003 [NY-10]
Rep Clay, Wm. Lacy - 5/14/2003 [MO-1]
Rep Ney, Robert W. - 5/14/2003 [OH-18]
Rep Udall, Mark - 5/14/2003 [CO-2]
Rep Ehlers, Vernon J. - 5/14/2003 [MI-3]
Rep Pastor, Ed - 5/14/2003 [AZ-4]
Rep Abercrombie, Neil - 5/19/2003 [HI-1]
Rep Brown, Sherrod - 5/19/2003 [OH-13]
Rep Davis, Susan A. - 5/19/2003 [CA-53]
Rep Markey, Edward J. - 5/19/2003 [MA-7]
Rep Wexler, Robert - 5/19/2003 [FL-19]
Rep Lee, Barbara - 5/19/2003 [CA-9]
Rep McInnis, Scott - 5/19/2003 [CO-3]
Rep Hostettler, John N. - 5/20/2003 [IN-8]
Rep Pomeroy, Earl - 5/20/2003 [ND]
Rep Bordallo, Madeleine Z. - 5/20/2003 [GU]


U.S. Army civil affairs soldiers and the Office of Resource and Humanitarian Assistance
meet with the Chairman of the State Board of Antiquities and directors of the
Iraq National Museum to discuss plans to recover stolen artifacts and eventually
rebuild and reopen the museum in Baghdad.


THE IRAQI CULTURAL HERITAGE PROTECTION ACT
WHY WE NEED THIS BILL NOW

Aren't there import restrictions against Iraq already in place? 

At this moment, efforts are underway to lift the sanctions against Iraq. While that is generally a good thing, once it happens, there will be nothing to prevent illegally-procured cultural material from coming in with legitimate Iraqi trade goods.
 
But it's already illegal to import stolen material. 

While it is illegal to import stolen goods, you have to know what material has been stolen in the first place. Take the Baghdad Museum. An unknown number of pieces were taken, and although most of these were inventoried, the Museum's records were completely trashed. Computer disks were destroyed, and photos and paper records ransacked and tossed into massive piles. It will take months for the records to be put back in order, and more time after that to compare the inventory with the records to find out what's missing. Even then, many of the pieces could be broken down, disguised, or have their inventory numbers removed. 

Can't we take care of it with existing law? 

Under the Convention on Cultural Property Implementation Act (CPIA), a nation can request that it and the U.S. enter into a bilateral agreement under which the U.S. will impose import restrictions in order to prevent cultural property stolen or illegally exported from entering the U.S. However, this process takes time - the State Department has to publish a Federal Register notice, then a special committee has to meet, and then a recommendation report has to be drafted, and a bilateral agreement negotiated before import restrictions can be imposed.  In the past, this process has taken at least a year. But the real problem is that there is no government in Iraq to request the restrictions in the first place.

But the President can impose emergency import restrictions under the CPIA. 

It is true that under the CPIA, the President can impose a set of emergency import restrictions in the event of a crisis situation where pillaging is rampant, but the process described above still has to be completed. The only difference between the regular process and the "emergency" process is that the U.S. can impose import restrictions without a bilateral agreement being finalized.

Just how big is this problem? 

It wasn't just the Baghdad Museum that was looted. Museums in cities across Iraq were pillaged, including in Mosul and Basra. Archaeological sites such as the ruins of Babylon and many lesser-known places have also been targeted. Objects from these sites are even more difficult to trace, because they have never been recorded. And it is still going on - just a few days ago armed looters held up the staff of the site at Nineveh and made off with 3000 year old bas relief sculptures.

So what would H.R. 2009 do?
  • First, it would prohibit the importation of any Iraqi antiquity or cultural object that left Iraq after August 2, 1990, the date that sanctions were imposed. If documentation can be shown that it was shipped out of Iraq prior to that date, then there is no problem. This provision of the bill has the effect of keeping the current sanctions in place, but only for Iraqi antiquities and cultural materials.

  • It would amend the CPIA to grant the President REAL emergency powers, and put import restrictions in place without the elaborate procedure currently required.

  • It would also allow the President to impose import restrictions for nations that are not party to the Convention on Cultural Property. This would help stem the flow of looted artifacts from such nations as Afghanistan, where looting is endemic, and there is little hope that its government will join the Convention anytime soon.

HR 2009 IH

108th CONGRESS
1st Session

H. R. 2009

To provide for the recovery, restitution, and protection of the cultural heritage of Iraq.

IN THE HOUSE OF REPRESENTATIVES

May 7, 2003

Mr. ENGLISH (for himself and Mr. LEACH) introduced the following bill; which was referred to the Committee on Ways and Means

A BILL

To provide for the recovery, restitution, and protection of the cultural heritage of Iraq.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the `Iraq Cultural Heritage Protection Act'.

SEC. 2. DEFINITIONS.

    In this Act--
      (1) the term `archaeological material of Iraq'--
        (A) means any object or fragment or part of an object, including human and animal skeletal remains and plant and floral remains, that was first found within the borders of Iraq as such borders existed on August 2, 1990, and that--
          (i) was built, manufactured, sculpted, produced, or written by humans;
          (ii) is at least 100 years old; and
          (iii) was discovered as a result of scientific excavation, illegal or clandestine digging, accidental discovery, or exploration on land or under water; and
        (B) includes all human and animal skeletal remains, as well as floral and botanical remains, that are found in association with archaeological material described in subparagraph (A); and
      (2) the term `cultural material of Iraq' means any object, regardless of age, including manuscripts, and materials used for traditional or religious ceremonial purposes, or a fragment or part of an object, that was, on or after August 2, 1990, in the care of Iraq's cultural or religious institutions and is of historic, artistic, religious, scientific, or cultural interest.

SEC. 3. IMPORT RESTRICTION.

    (a) IMPORT PROHIBITION- No archaeological material of Iraq or cultural material of Iraq that was removed from Iraq after Executive Order 12722 of August 2, 1990, was issued may be imported into the United States, unless the Government of Iraq issues a certification or other documentation certifying that the exportation of the material from Iraq was not in violation of the laws of Iraq.
    (b) CUSTOMS ACTION IN ABSENCE OF DOCUMENTATION- If the consignee of any archaeological material of Iraq or cultural material of Iraq is unable to present to the appropriate customs officer at the time of making entry of such material the certification or other documentation by the Government of Iraq required under subsection (a), the customs officer shall refuse to release the material from customs custody, and shall send it to a bonded warehouse or store to be held at the risk and expense of the consignee, notwithstanding any other provision of law, until such certification or other documentation is filed with such officer. If such certification or other documentation is not presented within 90 days after the date on which such material is refused release from customs custody, or such longer period as may be allowed by the Secretary of the Treasury for good cause shown, the material shall be subject to seizure and forfeiture.

SEC. 4. FORFEITURE OF UNLAWFUL IMPORTS.

    (a) SEIZURE- Archaeological material of Iraq or cultural material of Iraq that is imported into the United States in violation of this Act shall be seized and subject to forfeiture under the customs laws of the United States. All provisions of law relating to seizure, forfeiture, and condemnation for violation of the customs laws shall apply to seizures and forfeitures under this Act, insofar as those provisions of law are applicable to, and not inconsistent with, the provisions of this Act.
    (b) DISPOSITION OF ARTICLES- Any archaeological material of Iraq or cultural material of Iraq that is forfeited to the United States under this Act shall be returned to the country of Iraq.

SEC. 5. COUNTRY OF ORIGIN.

    In applying the Tariff Act of 1930 or any other provision of the customs laws of the United States to an article that is an object, or fragment of an object, discovered as a result of scientific excavation, illegal or clandestine digging, accidental discovery, or exploration on land or under water, the country of origin of the object or fragment is the country within whose borders, as they exist

at the time the object or fragment is imported, or attempted to be imported, into the United States, the object or fragment was first discovered or excavated.

SEC. 6. AMENDMENTS TO CONVENTION ON CULTURAL PROPERTY IMPLEMENTATION ACT.

    (a) DEFINITION OF ARCHAEOLOGICAL OR ETHNOLOGICAL MATERIAL- Section 302(2)(i)(II) of the Convention on Cultural Property Implementation Act (19 U.S.C. 2601(2)(i)(II)) is amended by striking `two hundred and fifty years' and inserting `100'.
    (b) EMERGENCY IMPLEMENTATION OF IMPORT RESTRICTIONS- Section 304 of the Convention on Cultural Property Implementation Act (19 U.S.C. 2603) is amended--
      (1) by striking `State Party' each place it appears and inserting `country'; and
      (2) in subsection (c)--
        (A) by striking paragraphs (1) and (2);
        (B) by striking paragraph (3) and inserting the following:
      `(1) No import restrictions under section 307 may be applied under this section to the archaeological or ethnological materials of any country for more than 10 years after the date on which the notice in the Federal Register imposing such restrictions is published. Such 10-year period may be extended by the President if the President determines that the emergency condition continues to apply with respect to the archaeological or ethnological material.'; and
        (C) in paragraph (4)--
          (i) by redesignating such paragraph as paragraph (2); and
          (ii) by striking `paragraph (3)' and inserting `paragraph (1)'.
    (c) CONFORMING AMENDMENTS- The Convention on Cultural Property Implementation Act is amended--
      (1) in section 302 (19 U.S.C. 2601)--
        (A) in paragraph (2)--
          (i) by amending the matter preceding subparagraph (A) to read as follows:
      `(2) The term `archaeological or ethnological material' of a State Party or othercountry means--'; and
          (ii) in the matter following subparagraph (C), by inserting `or other country' after `State Party'; and
        (B) in paragraph (7), by inserting `or another country' after `State Party';
      (2) in section 305 (19 U.S.C. 2604) in the first sentence, by striking `by such action' and inserting `the country covered by such action';
      (3) in section 307 (19 U.S.C. 2606)--
        (A) in subsection (a)--
          (i) by striking `State Party' the first place it appears and inserting `the country concerned'; and
          (ii) by striking `the State Party' each subsequent place it appears and inserting `that country'; and
        (B) in subsections (b) and (c), by striking `the State Party' each place it appears and inserting `the country concerned'; and
      (4) in section 310(b) (19 U.S.C. 2609(b)) by striking `State Party' each place it appears and inserting `country concerned'.
    (d) EXTENSION OF AGREEMENTS- Section 303(e) of the Convention on Cultural Property Implementation Act (19 U.S.C. 2602(e)) is amended by striking `five years' and inserting `10 years'.

END

Photo credits: stone sentinel - U.S. Army photo by Sgt. Luis Lazzara; meeting - U.S. Air Force photo by Staff Sgt. D. Myles Cullen.