§576.208 Prohibited transactions related to certain Iraqi cultural property.
Unless licensed or otherwise authorized pursuant to this part or otherwise consistent with U.S. law, the trade in or transfer of ownership or possession of Iraqi cultural property or other items of archeological, historical, cultural, rare scientific, and religious importance that were illegally removed, or for which a reasonable suspicion exists that they were illegally removed, from the Iraq National Museum, the National Library, and other locations in Iraq since August 6, 1990, is prohibited.
Note to §576.208: See §576.411 for interpretive guidance on this section. Questions concerning whether particular Iraqi cultural property or other items are subject to this section should be directed to the Cultural Heritage Center, U.S. Department of State, tel. 202-632-6301, fax 202-632-6300, Web site http://culturalheritage.state.gov, e-mail [email protected].
1) Rare, item type-based prohibition provision in what is otherwise a list-based program; not rendered redundant by any GL outside of the regulations. The interpretive provision referred to is helpful, but there is little in the way of guidance as it relates to the definition of the terms on this list (in particular, "importance." It is also not clear whether "reasonable suspicion" is a safe harbor, or whether OFAC would interpret the term to refer to all circumstances in which a person "had or should have had" a reasonable suspicion based on the facts and circumstances available. Compare OFAC's common interpretation of the term "knowingly."
2) Provision implements Sec. 4 of Executive Order 13350 of July 29, 2004.