The four determinations (found under Section 303(a) of the Convention on Cultural Property Implementation Act) are summarized here:

1. Whether the cultural patrimony of a country is in jeopardy from looting of archaeological or ethnological materials.

2. Whether the country proposing the bilateral agreement has taken internal steps (has effective laws in place and engages in law enforcement and public education efforts to protect its cultural patrimony through a variety of means) consistent with the UNESCO Convention.

3. Are there any other nations with a significant import trade in archaeological materials participating in a concerted effort to prevent import of pillaged materials?

4. Whether the imposition of import restrictions will assist in the legitimate international exchange of cultural materials in ways that do not endanger the cultural patrimony of the country proposing the bilateral agreement.