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108th CONGRESS
2d Session
H. R. 4641
To authorize the President to take certain actions to protect
archaeological or ethnological materials of Afghanistan.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 22, 2004
Mr. English (for himself, Mr. Holden, Mr. Van Hollen, Mr. McDermott,
Mrs. Maloney, Ms. Hart, Mr. Weldon of Pennsylvania, Mr. McGovern, and
Mr. Grijalva) introduced the following bill; which was referred to the
Committee on Ways and Means
_______________________________________________________________________
A BILL
To authorize the President to take certain actions to protect
archaeological or ethnological materials of Afghanistan.
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 ``Cultural Conservation of the
Crossroads of Civilization Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Afghanistan has been at the crossroads of
civilizations, a mosaic of ethnic and linguistic culture, and a
major contributor to the world community for more than two
millennia.
(2) Afghanistan, flanked by Central, West, and South Asia,
has seen waves of migrating peoples pass through what has been
referred to as the roundabout of the ancient world.
(3) Archaeologists have identified evidence of Stone Age
technology and a 20,000-year-old sculpture head in Aq Kupruk.
(4) The earliest settlers in Afghanistan, who migrated from
northern territories approximately 50,000 years ago, lived as
individual hunters in the caves of the northern Hindu Kush
mountains.
(5) Evidence has been uncovered at the foothills of the
Hindu Kush Mountains and Darra-e Dadil (near Darra-e Suf),
Hazara Sum (near Aibak), and Qara Kamar (near Khulm) indicating
that North Afghanistan was home to the earliest domestic plants
and animals.
(6) The Khyber Pass, a 33-mile passage through the Hindu
Kush mountain range and dating back to 326 B.C., connects the
northern frontier of Pakistan with Afghanistan.
(7) During the period from 336 to 323 B.C., Alexander the
Great defeated Duriush III, the last Kakhamanesh ruler, took
control of Afghanistan, and introduced new coins and artistic
styles to the region.
(8) Alexander the Great and his army marched through the
Khyber Pass to reach the plains of India, Aryans passed through
on their victorious advance of Persian and Greek armies, and
Scythians, White Huns, Seljuks, Tartars, Mongols, Sassanians,
Turks, Mughals, and Durranis made successive inroads into the
territories beyond Peshawar Valley and Indus via the Khyber
Pass.
(9) Graeco-Buddhist Gandharan culture reached its height
during Afghanistan's Kushan Empire under King Kanishka.
(10) During the Kushan Empire, Buddha was first given a
human face, and the world's largest Buddhas ranging from 120 to
175 feet tall were carved into the cliff at Bamiyan.
(11) The Silk Road passed through Afghanistan, bringing
Roman glass and Chinese ceramics.
(12) In 962, the rise of the Ghaznavid Dynasty ushered in
the Islamic era and gave Afghanistan a permanent political and
cultural role in Islamic civilization.
(13) In 1219, Changiz (Genghis) Khan invaded Bukhara to
avenge the looting of his caravan. Changiz eventually defeated
Khwarazn Shah and proceeded through Afghanistan in his conquest
of Asia.
(14) Most archaeological material excavated in Afghanistan
during the 20th century was housed in the National Museum in
Kabul or in regional museums.
(15) Reports indicate that copies of ancient maps are being
used by looters to track long lost villages in the eastern
provinces of Nangarhar, Laghman, and Kunar.
(16) The Archaeological Institute of America has published
articles listing thousands of artifacts that are among the
stolen or imperiled treasures of the National Museum in Kabul.
(17) The nation of Afghanistan has endured a raping and
pillage of its cultural property over the past two decades,
leading Abdul Wasey Feroozi, director of the National
Archaeological Institute in Kabul, to state, ``The catastrophe
of war annihilated seventy years of our hard work and
accomplishments. In the period from 1992 to 1994 . . . over 70
percent of the Kabul National Museum was burned and damaged and
100 percent of the objects were stolen or vandalized. Illegal
excavations and extensive clandestine digging started at most
historical sites, and thousands of valuable objects were
transported to other countries, notably through Pakistan, to
the international markets.''.
(18) It should be recognized that the cultural heritage of
Afghanistan is at extreme peril and this legislation is a
result of a profound concern for the damage to Afghan
antiquities, sites, monuments, and cultural institutions.
SEC. 3. EMERGENCY IMPLEMENTATION OF IMPORT RESTRICTIONS.
(a) Authority.--The President may exercise the authority the
President has under section 304 of the Convention on Cultural Property
Implementation Act (19 U.S.C. 2603) with respect to any archaeological
or ethnological material of Afghanistan as if Afghanistan were a State
Party under that Act, except that, in exercising such authority,
subsection (c) of such section shall not apply.
(b) Definition.--In this section, the term ``archaeological or
ethnological material of Afghanistan'' means cultural property of
Afghanistan and other items of archaeological, historical, cultural,
rare scientific, or religious importance illegally removed, after the
date of the enactment of this Act, from the National Museum in Kabul or
other locations, including archaeological sites, in Afghanistan.
SEC. 4. TERMINATION OF AUTHORITY.
The authority of the President under section 3 shall terminate upon
the earlier of--
(1) the date that is 5 years after the date on which the
President certifies to the Congress that normalization of
relations between the United States and the Government of
Afghanistan has been established; or
(2) September 30, 2009.
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