Saturday, August 27, 2005

IACA applies to all marketing activities

Definition of Indian Artisan, Section 309.2(b)

Several respondents suggested that the definition of Indian artisan should be clarified to read ``an individual who is certified by an Indian tribe as its non-member artisan.'' This clarification has been adopted with a minor modification.

Definition of Indian Arts and Crafts Organization, Section 309.2(c)

Two respondents asked whether section 309.2(c) operates to exclude marketing entities, other than Indian arts and crafts organizations, from the law and regulations. Several others asserted that the definition of Indian arts and crafts organization should include any organization set up under tribal law, custom or authority, as well as under any other legal authority.

The Act broadly applies to the marketing of arts and crafts by any person in the United States. The reference to Indian arts and crafts organization as a protected group is not intended to suggest that the Act's regulation does not apply to all marketing activities. In addition, the Act's requirement that an Indian arts and crafts organization be legally established in order to meet the definition includes tribal law.

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