Pursuant to the CCPIA, the President--with the advice of the
(106) Under the CCPIA, a MOU can continue for up to five
CCPIA in its treatment of cultural property issues.
NSPA applies retroactively, the CCPIA is prospective, and whereas case
CCPIA, which is limited to known objects that have been inventoried as
inapplicability of the 1970 UNESCO Convention, the CCPIA, and the MOU to
(39) The scope of the current US-China MOU adheres to the CCPIA's requirement that objects of archaeological interest be of cultural significance and at least 250 years old.
(173) Entered upon meeting the United States' domestic statutory requirements under the CCPIA, the US-China MOU is a product of the State Department's acceptance of CPAC's determination that, among other requirements, China had "taken measures consistent with the  Convention to protect its cultural patrimony".
Very generally, much of the controversy is between those who believe import and trade restrictions are the most effective method to prevent and deter looting, and those who disagree and believe that China has not sufficiently met the statutory requirements outlined in the CCPIA for the US to enter into an agreement such as the US-China MOU.
(200) But, this requirement of the CCPIA (201) has, arguably, often been read out of CPAC's determinations whether to recommend renewal or decline renewal.
117, 13859 (2011) (noting several cases in which CPAC has recommended import restrictions without satisfying all four statutory criteria set forth in the CCPIA, and increasing lack of transparency); see also 'The Who, What, Why and How of the Cultural Property Advisory Committee (CPAC): An IFAR Evening', 17 April 2008, 10 IFARJ.