It's evident listening to Secretary Kerry that he has been grossly misinformed about how the State Department and CBP misapply import restrictions under the CPIA. If restrictions were applied as contemplated, there would not be so much collateral damage to the legitimate trade. Unfortunately, however, our CBP and State Department take cues not from the plain meaning of the statute, but from the archaeological lobby's desire to "shift the burden of proof" to the collector based on the dubious assumption that undocumented means stolen.
Under the CPIA, the burden is on the government to prove: (1) the item is of a type that appears on the designated list; (2) the item was first discovered within and subject to the export control of the country for which restrictions were granted; and (3) that it was illegally removed from the country for which import restrictions were granted after the date the restrictions were imposed. 19 USC Sections 2601, 2604, 2606, 2610. Draconian rules that assume guilt after only the first element is proved are for dictatorships like Egypt, not for democracies that respect rule of law like the United States.