[Federal Register Volume 62, Number 192 (Friday, October 3, 1997)]
[Rules and Regulations]
[Pages 51771-51774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26219]
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DEPARTMENT OF THE TREASURY
Customs Service
19 CFR PART 12
[T.D. 97-81]
RIN 1515-AC24
Import Restrictions Imposed on Archaeological Artifacts From
Guatemala
AGENCY: U.S. Customs Service, Department of the Treasury.
ACTION: Final rule.
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SUMMARY: This document amends the Customs Regulations to reflect the
imposition of import restrictions on pre-Columbian culturally
significant
[[Page 51772]]
archaeological artifacts of Maya material from the Peten Lowlands, and
related pre-Columbian material from the Highlands and the Southern
Coast of Guatemala. These restrictions are being imposed pursuant to an
agreement between the United States and Guatemala that has been entered
into under the authority of the Convention on Cultural Property
Implementation Act in accordance with the United Nations Educational,
Scientific and Cultural Organization (UNESCO) Convention on the Means
of Prohibiting and Preventing the Illicit Import, Export and Transfer
of Ownership of Cultural Property. The document also contains the
Designated List of Archaeological Material that describes the articles
to which the restrictions apply. These import restrictions imposed
pursuant to the bilateral agreement between the United States and
Guatemala continue the import restrictions that were imposed on an
emergency basis in 1991. Accordingly, this document amends the Customs
Regulations by removing Guatemala from the listing of countries for
which emergency actions imposed the import restrictions and adding
Guatemala to the list of countries for which an agreement has been
entered into for imposing import restrictions.
EFFECTIVE DATE: October 3, 1997.
FOR FURTHER INFORMATION CONTACT: (Legal Aspects) Donnette Rimmer,
Intellectual Property Rights Branch (202) 482-6960; (Operational
Aspects) Joan E. Sebanaler, Trade Operations (202) 927-0402.
SUPPLEMENTARY INFORMATION:
Background
The value of cultural property, whether archaeological or
ethnological in nature, is immeasurable. Such items often constitute
the very essence of a society and convey important information
concerning a people's origin, history, and traditional setting. The
importance and popularity of such items regrettably makes them targets
of theft, encourages clandestine looting of archaeological sites, and
results in their illegal export and import.
The U.S. shares in the international concern for the need to
protect endangered cultural property. The appearance in the U.S. of
stolen or illegally exported artifacts from other countries where there
has been pillage has, on occasion, strained our foreign and cultural
relations. This situation, combined with the concerns of museum,
archaeological, and scholarly communities, was recognized by the
President and Congress. It became apparent that it was in the national
interest for the U.S. to join with other countries to control illegal
trafficking of such articles in international commerce.
The U.S. joined international efforts and actively participated in
deliberations resulting in the 1970 UNESCO Convention on the Means of
Prohibiting and Preventing the Illicit Import, Export and Transfer of
Ownership of Cultural Property (823 U.N.T.S. 231 (1972)). U.S.
acceptance of the 1970 UNESCO Convention was codified into U.S. law as
the ``Convention on Cultural Property Implementation Act'' (Pub.L. 97-
446, 19 U.S.C. 2601 et seq.) (``the Act''). This was done to promote
U.S. leadership in achieving greater international cooperation towards
preserving cultural treasures that are of importance not only to the
nations whence they originate, but also to greater international
understanding of mankind's common heritage. The U.S. is, to date, the
only major art importing country to implement the 1970 Convention.
During the past several years, import restrictions have been
imposed on an emergency basis on archaeological and ethnological
artifacts of a number of signatory nations as a result of requests for
protection received from those nations as well as pursuant to bilateral
agreements between the United States and other countries.
Guatemala has been one of the countries whose archaeological
material has been afforded emergency protection. In T.D. 91-34,
Sec. 12.104g(b), Customs Regulations, (19 CFR 12.104g(b)) was amended
to reflect that archaeological material from the Peten Archaeological
Region of Guatemala received import protection under the emergency
protection provisions of the Act.
Import restrictions are now being imposed on archaeological
artifacts of Maya material from the Peten Lowlands, and related pre-
Columbian material from the Highlands and the Southern Coast of
Guatemala as the result of a bilateral agreement entered into between
the United States and Guatemala. This agreement was entered into on
September 29, 1997, pursuant to the provisions of 19 U.S.C. 2602.
Protection of the archaeological material of Maya material from the
Peten Lowlands, and related pre-Columbian material from the Highlands
and the Southern Coast of Guatemala previously reflected in
Sec. 12.104g(b) will be continued through the bilateral agreement
without interruption. Accordingly, Sec. 12.104g(a) of the Customs
Regulations is being amended to indicate that restrictions have been
imposed pursuant to the agreement between the United States and
Guatemala and the emergency import restrictions on certain
archaeological material from Guatemala is being removed from
Sec. 12.104g(b) as those restrictions are now encompassed in
Sec. 12.104g(a).
Material and Sites Encompassed in Import Restrictions
In reaching the decision to recommend that negotiations for an
agreement with Guatemala should be undertaken to continue the
imposition of import restrictions on certain archaeological material
from the Peten Lowlands, and related pre-Columbian material from the
Highlands and the Southern Coast of Guatemala, the Deputy Director of
the United States Information Agency made a determination that the
cultural patrimony of Guatemala continues to be in jeopardy from
pillage of irreplaceable materials representing Guatemala heritage and
that the pillage is endemic and substantially documented with respect
to Maya material from sites in the Peten Lowlands of Guatemala, and
related pre-Columbian material from the Highlands and the Southern
Coast of Guatemala. The Deputy Director listed the following
archaeological material as those that are in need of protection:
Material: Archaeological material from sites in the Peten Lowlands
of Guatemala, and related pre-Columbian material from the Highlands and
the Southern Coast of Guatemala. This archaeological material includes,
but is not limited to: ceramic vessels and forms; jade or green stone,
possibly with traces of red pigment; shell; and bone.
These import restrictions are in addition to similar restrictions
imposed by the 1972 Pre-Columbian Monumental or Architectural Sculpture
or Murals Statute (19 U.S.C 2091-2095), which has denied entry into the
United States of segments of pre-Columbian monuments and stelae since
May 2, 1973.
Designated List
The bilateral agreement between Guatemala and the United States
covers the material set forth in a Designated List of Archaeological
Material from sites in the Peten Lowlands of Guatemala, and related
pre-Columbian material from the Highlands and the Southern Coast of
Guatemala, which is set forth below. Importation of articles on this
list is restricted unless the articles are accompanied by documentation
certifying that the material left Guatemala legally and not in
violation of the export laws of Guatemala.
[[Page 51773]]
Archaeological Material From Sites in the Peten Lowlands of Guatemala,
and Related Pre-Columbian Material From the Highlands and the Southern
Coast of Guatemala
The following categories of material are restricted from
importation into the U.S. unless accompanied by a verifiable export
certificate issued by the Government of Guatemala--archaeological
material from sites in the Peten Lowlands of Guatemala, and related
pre-Columbian material from the Highlands and the Southern Coast of
Guatemala, that includes, but is not limited to, the categories listed
below. As this region is further excavated, other types of material may
be found and added to an amended list. The following list is
representative only. Any dimensions are approximate.
Chronological Table
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Stage Substage Dates
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Preclassic Stage.................. Early Preclassic.................... 2000/1500 B.C.-600 B.C.
Preclassic.......................... 600 B.C.-400 B.C.
Late Preclassic..................... 400 B.C.-250 A.D.
Classic Stage..................... Early Classic....................... 250 A.D.-550 A.D
Late Classic........................ 550 A.D.-900 A.D.
Postclassic Stage................. Early Postclassic................... 900 A.D.-1250 A.D.
Late Postclassic.................... 1250 A.D.-1524 A.D.
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Designated List Of Materials
I. Ceramic/Terracotta/Fired Clay--A wide variety of decorative
techniques are used on all shapes: fluting, gouged or incised lines and
designs, modeled carving, and painted polychrome or bichrome designs of
human or animal figures, mythological scenes or geometric motifs. Small
pieces of clay modeled into knobs, curls, faces, etc., are often
applied to the vessels. Bowls and dishes may have lids or tripod feet.
A. Common Vessels.
1. Vases--(10-25 cm ht).
2. Bowls--(8-15 cm ht).
3. Dishes and plates--(27-62 cm diam).
4. Jars--(12.5-50 cm ht).
B. Special Forms.
1. Drums--polychrome painted and plain (35-75 cm ht).
2. Figurines--human and animal form (6-15 cm ht).
3. Whistles--human and animal form (5-10 cm ht).
4. Rattles--human and animal form (5-7 cm ht).
5. Miniature vessels--(5-10 cm ht).
6. Stamps and seals--engraved geometric design, various sizes and
shapes.
7. Effigy vessels--in human or animal form (16-30 cm ht).
8. Incense burners--elaborate painted, applied and modeled
decoration in form of human figures (25-50 cm ht).
II. Stone (jade, obsidian, flint, alabaster/calcite, limestone,
slate, and other).
A. Figurines--human and animal (7-25 cm ht).
B. Masks--incised decoration and inlaid with shell, human and animal
faces (20-25 cm length).
C. Jewelry--various shapes and sizes.
1. Pendants.
2. Earplugs.
3. Necklaces.
D. Stelae, Ritual Objects, Architectural Elements--Carved in low relief
with scenes of war, ritual or political events, portraits of rulers or
nobles, often inscribed with glyphic texts. Sometimes covered with
stucco and painted. The size of stelae and architectural elements such
as lintels, posts, steps, decorative building blocks range from .5
meters to 2.5 meters in height. Hachas (thin, carved human or animal
heads in the shape of an axe), yokes, and other carved ritual objects
are under 1 meter in length or height, but vary in size.
E. Tools and Weapons.
1. Arrowheads (3-7 cm length).
2. Axes, adzes, celts (3-16 cm length).
3. Blades (4-15 cm length).
4. Chisels (20-30 cm length).
5. Spearpoints (3-10 cm length).
6. Eccentric shapes (10-15 cm length).
7. Grindingstones (30-50 cm length).
F. Vessels and Containers.
1. Bowls (10-25 cm ht).
2. Plates/Dishes (15-40 cm diam).
3. Vases (6-23 cm ht).
III. Metal (gold, silver, or other)--Cast or beaten into the
desired form, decorated with engraving, inlay, punctured design or
attachments. Often in human or stylized animal forms.
A. Jewelry--various shapes and sizes.
1. Necklaces.
2. Bracelets.
3. Disks.
4. Earrings or earplugs.
5. Pendants.
B. Figurines--(5-10 cm ht).
C. Masks--(15--25 cm length).
IV. Shell--Decorated with cinnabar and incised lines, sometimes
with jade applied.
A. Figurines--human and animal (2-5 cm ht).
B. Jewelry--various shapes and sizes.
1. Necklaces.
2. Bracelets.
3. Disks.
4. Earrings or earplugs.
5. Pendants.
C. Natural Forms--often with incised designs, various shapes and sizes.
V. Animal Bone--Carved or incised with geometric and animal designs
and glyphs.
A. Tools--various sizes.
1. Needles.
2. Scrapers.
B. Jewelry--various shapes and sizes.
1. Pendants.
2. Beads.
3. Earplugs.
Inapplicability of Notice and Delayed Effective Date
Because the amendment to the Customs Regulations contained in this
document imposing import restrictions on the above-listed Guatemalan
cultural property is being made in response to a bilateral agreement
entered into in furtherance of the foreign affairs interests of the
United States, pursuant to section 553(a)(1) of the Administrative
Procedure Act, (5 U.S.C. 553(a)(1)), no notice of proposed rulemaking
or public procedure is necessary. For the same reason, a delayed
effective date is not required pursuant to 5 U.S.C. 553(d)(3).
Regulatory Flexibility Act
Because no notice of proposed rulemaking is required, the
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do
not apply. Accordingly, this final rule is not subject to the
regulatory analysis or other requirements of 5 U.S.C. 603 and 604.
[[Page 51774]]
Executive Order 12866
This amendment does not meet the criteria of a ``significant
regulatory action'' as described in E.O. 12866.
Drafting Information: The principal author of this document was
Keith B. Rudich, Esq., Regulations Branch, Office of Regulations and
Rulings, U.S. Customs Service. However, personnel from other offices
participated in its development.
List of Subjects in 19 CFR Part 12
Customs duties and inspections, Imports, Cultural property.
Amendment to the Regulations
Accordingly, Part 12 of the Customs Regulations (19 CFR Part 12) is
amended as set forth below:
PART 12--[AMENDED]
1. The general authority and specific authority citation for Part
12, in part, continue to read as follows:
Authority: 5 U.S.C. 301, 19 U.S.C. 66, 1202 (General Note 20,
Harmonized Tariff Schedule of the United States (HTSUS)), 1624;
* * * * *
Sections 12.104 through 12.104i also issued under 19 U.S.C.
2612;
* * * * *
Sec. 12.104 [Amended]
2. In Sec. 12.104g, paragraph (a) the list of agreements imposing
import restrictions on described articles of cultural property of State
Parties is amended by adding Guatemala in appropriate alphabetical
order as follows:
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State Cultural property T.D. No.
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* * * *
* * *
Guatemala..................... Archaeological T.D. 97--81
Material From Sites
In The Peten Lowlands
Of Guatemala, And
Related Pre-Columbian
Material From The
Highlands And The
Southern Coast of
Guatemala.
* * * *
* * *
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3. In Sec. 12.104(g), paragraph (b), the list of emergency actions
imposing import restrictions on described articles of cultural property
of State parties is amended by removing the entry for ``Guatemala'' in
its entirety.
Approved: September 29, 1997.
Samuel H. Banks,
Acting Commissioner of Customs.
John P. Simpson,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 97-26219 Filed 10-2-97; 8:45 am]
BILLING CODE 4820-02-P
