I. U.S. and Canadian Actions
II. Background
III. Categories of Artifacts Subject to Import Restriction
IV. Import Regulations
V. For More Information

I. U.S. and Canadian Actions

• On April 10, 1997, the Government of the United States of America and the Government of Canada signed an Agreement to protect archaeological and ethnological material that represents the Aboriginal cultural groups of Canada. The agreement also includes protection for historic shipwrecks.
• In a reciprocal provision, Canada recognizes the existence of U.S. laws that protect archaeological resources and Native American cultural items as well as historic shipwrecks. Canada agrees to cooperate with the U.S. Government in recovering such objects that have entered Canada illicitly.

II. Background

This U.S. action is in response to a request from the Government of Canada under Article 9 of the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. The archaeological and ethnological heritage of Canada is threatened by pillage to meet the demands of U.S. and international trade in artifacts. The U.S.-Canada agreement also advances the promotion of cultural values, one of the action items agreed upon at the 1994 Summit of the Americas where participants pledged to work with hemispheric governments to enhance appreciation of indigenous cultures and cultural artifacts through various means, including the implementation of cultural property protection agreements.  

As one of the signers of the U.S.-Canada cultural property accord, Dr. Joseph Duffey, Director, U.S. Information Agency, said

"[The Agreement is] a new and important dimension to the strong partnership of our two countries. We share not only a long and open border but also a heritage common in its origins while unique in the identity it gives us in modern times. Our two nations owe a debt of gratitude to our Native peoples and we are pleased to have this opportunity as nations to honor their contributions by agreeing to protect the archaeological and ethnological material that represents this cultural heritage."

III. Categories of Artifacts Subject to Import Restriction

On April 9, 2002, the Agreement expired.

A complete list is published in the Federal Register notice of April 22, 1997.

The Agreement protects archaeological artifacts and ethnographic material of the following Aboriginal cultural groups: Inuit (Eskimo); Subarctic Indian; Northwest Coast Indian; Plateau Indian; Plains Indian; and Woodlands Indian. Also included is non-Aboriginal archaeological material from historic shipwrecks and from other underwater historic sites in the inland waters of Canada as well as the Canadian territorial waters of the Atlantic, Pacific and Arctic oceans, and the Great Lakes.  

IV. Import Regulations

Material listed in the Federal Register notice may enter the U.S. if it has an export permit issued by Canada or verifiable documentation that it left Canada prior to the effective date of the restriction: April 22, 1997. The restriction expired on April 9, 2002.

The Government of Canada, in accordance with its law, will not restrict the export of archaeological artifacts recovered less than 75 years after their loss, concealment or abandonment. The U. S. import restriction, however, only applies to archaeological material that is at least 250 years old.

In accordance with Canadian law, restrictions only apply to ethnological material which was made, reworked or adapted for use by an Aboriginal person of Canada who is no longer living, which is greater than 50 years old, and which has a fair market value in Canada of more than $3,000 (Canadian).

V. For More Information

1997 Agreement  

1997 Federal Register Notice 
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