[Federal Register Volume 64, Number 69 (Monday, April 12, 1999)]
[Rules and Regulations]
[Pages 17529-17531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8992]
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DEPARTMENT OF THE TREASURY
Customs Service
19 CFR PART 12
[T.D. 99--35]
RIN 1515--AC46
Import Restrictions Imposed On Byzantine Ecclesiastical and
Ritual Ethnological Material from Cyprus
AGENCY: U.S. Customs Service, Department of the Treasury.
ACTION: Final rule.
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SUMMARY: This document amends the Customs Regulations by imposing
emergency import restrictions on certain ecclesiastical and ritual
ethnological
[[Page 17530]]
material from Cyprus representing the Byzantine period, ranging in date
from approximately the 4th century A.D. through approximately the 15th
century A.D. These restrictions are being imposed pursuant to a
determination of the United States Information Agency issued under the
terms 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 contains the Designated List describing
the Byzantine ecclesiastical and ritual ethnological material from
Cyprus to which the restrictions apply.
EFFECTIVE DATE: April 12, 1999.
FOR FURTHER INFORMATION CONTACT: (Legal Aspects) Donnette Rimmer,
Intellectual Property Rights Branch (202) 927-2273; (Operational
Aspects) Joan E. Sebenaler, 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 to the nations
from where they originate and to achieving greater international
understanding of mankind's common heritage.
During the past several years, import restrictions have been
imposed on archaeological and ethnological artifacts of a number of
signatory nations. These restrictions have been imposed either as a
result of requests for emergency protection received from those nations
or pursuant to bilateral agreements between the United States and other
countries.
This document amends the regulations by adding additional
ethnological artifacts to the list of articles for which importation
restrictions exist.
Cyprus
Under Sec. 303(a)(3) of the Cultural Property Implementation Act
(19 U.S.C. 2602(a)(3)), Cyprus, a State Party to the 1970 UNESCO
Convention, asked the U.S. Government to impose import restrictions on
certain categories of archeological and/or ethnological material the
pillage of which, it was alleged, jeopardizes the national cultural
patrimony of Cyprus. Notice of receipt of this request was published by
the United States Information Agency (USIA) in the Federal Register (63
FR 49154) on September 14, 1998.
The request was forwarded to the Cultural Property Advisory
Committee, which conducted a review and investigation and submitted its
report in accordance with the provisions of 19 U.S.C. 2605(f) to the
Deputy Director, USIA. Pursuant to the provisions of 19 U.S.C.
2603(a)(3), the Committee found the situation in Cyprus to be an
emergency, and recommended that emergency import restrictions be
imposed on certain Byzantine ritual and ecclesiastical ethnological
material from Cyprus. The Deputy Director, pursuant to the authority
vested in him under Executive Order 12555 and USIA Delegation Order 86-
3, considered the Committee's recommendations and on March 4, 1999, the
Acting Director made the determination that emergency import
restrictions be applied.
The Commissioner of Customs, in consultation with the Acting
Director of the USIA, has developed a list of types of covered ritual
and ecclesiastical ethnological material from Cyprus representing the
Byzantine period. The materials on this list are subject to
Sec. 12.104a(b), Customs Regulations (19 CFR 12.104a(b)). As provided
in 19 U.S.C. 2601 et seq., and Sec. 12.104a(b), Customs Regulations,
listed materials from this area may not be imported into the U.S.
unless accompanied by documentation certifying that the material left
Cyprus legally and not in violation of the laws of Cyprus.
In the event an importer cannot produce the certificate,
documentation, or other evidence required by Sec. 12.104c, Customs
Regulations (19 CFR 12.104c) at the time of making entry, Sec. 12.104d,
Customs Regulations (19 CFR 12.104d) provides that the port director
shall take custody of the material until the certificate,
documentation, or evidence is presented. Section 12.104e provides that
if the importer states in writing that he will not attempt to secure
the required certificate, documentation, or evidence, or the importer
does not present the required certificate, documentation, or evidence
to Customs within the time provided, the material shall be seized and
summarily forfeited to the U.S. in accordance with the provisions of
Part 162, Customs Regulations (19 CFR Part 162).
List of Ecclesiastical and Ritual Ethnological Material from Cyprus
Representing the Byzantine Period
Ecclesiastical and ritual ethnological material from Cyprus
representing the Byzantine period dating from approximately the 4th
century A.D. through the 15th century A.D., includes the categories
listed below. The following list is representative only.
I. Metal
A. Bronze
Ceremonial objects include crosses, censers (incense burners),
rings, and buckles for ecclesiastical garments. The objects may be
decorated with engraved or modeled designs or Greek inscriptions.
Crosses, rings and buckles are often set with semi-precious stones.
B. Lead
Lead objects date to the Byzantine period and include ampulla
(small bottle-shaped forms) used in religious observance.
C. Silver and Gold
Ceremonial vessels and objects used in ritual and as components of
church treasure. Ceremonial objects include censers (incense burners),
book covers, liturgical crosses, archbishop's crowns, buckles, and
chests. These are often decorated with molded or incised geometric
motifs or scenes from the Bible, and encrusted with semi-precious
[[Page 17531]]
or precious stones. The gems themselves may be engraved with religious
figures or inscriptions. Church treasure may include all of the above,
as well as rings, earrings, and necklaces (some decorated with
ecclesiastical themes) and other implements (e.g., spoons).
II. Wood
Artifacts made of wood are primarily those intended for ritual or
ecclesiastical use during the Byzantine period. These include painted
icons, painted wood screens (iconstasis), carved doors, crosses,
painted wooded beams from churches or monasteries, thrones, chests and
musical instruments. Religious figures (Christ, the Apostles, the
Virgin, and others) predominate in the painted and carved figural
decoration. Ecclesiastical furniture and architectural elements may
also be decorated with geometric or floral designs.
III. Ivory and Bone
Ecclesiastical and ritual objects of ivory and bone boxes, plaques,
pendants, candelabra, stamp rings, crosses. Carved and engraved
decoration includes religious figures, scenes from the Bible, and
floral and geometric designs.
IV. Glass
Ecclesiastical objects such as lamps and ritual vessels.
V. Textiles--Ritual Garments
Ecclesiastical garments and other ritual textiles from the
Byzantine period. Robes, vestments and altar clothes are often of a
fine fabric and richly embroidered in silver and gold. Embroidered
designs include religious motifs and floral and geometric designs.
VI. Stone
A. Wall Mosaics
Dating to the Byzantine period, wall mosaics are found in
ecclesiastical buildings. These generally portray images of Christ,
Archangels, and the Apostles in scenes of Biblical events. Surrounding
panels may contain animal, floral, or geometric designs.
B. Floor Mosaics
Floor mosaics from ecclesiastical contexts. Examples include the
mosaics at Nea Paphos, Kourion, Kouklia, Chrysopolitissa Basilica and
Campanopetra Basilica. Floor mosaics may have animal, floral, geometric
designs, or inscriptions.
VII. Frescoes/Wall Paintings
Wall paintings from the Byzantine period religious structures
(churches, monasteries, chapels, etc.) Like the mosaics, wall paintings
generally portray images of Christ, Archangels, and the Apostles in
scenes of Biblical events. Surrounding paintings may contain animal,
floral, or geometric designs.
Inapplicability of Notice and Delayed Effective Date
This amendment is being made without notice or public procedure,
pursuant to 5 U.S.C. 553(b)(B), because the action being taken is of an
emergency nature and such notice or public procedure would be
impracticable and contrary to the public interest. For the same
reasons, pursuant to 5 U.S.C. 553(d)(3), a delayed effective date is
not required.
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.
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;
* * * * *
2. In Sec. 12.104g(b) the list of emergency actions imposing import
restrictions on described articles of cultural property of State
Parties is amended by adding Cyprus in appropriate alphabetical order
as follows:
Sec. 12.104g Specific items or categories designated by agreements or
emergency actions.
* * * * *
(b) * * *
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State party Cultural property T.D. number
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* * * *
* * *
Cyprus......................... Byzantine 99-35
ecclesiastical and
ritual ethnological
materials from Cyprus.
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Approved: March 30, 1999.
Raymond W. Kelly,
Commissioner of Customs.
Dennis M. O'Connell,
Acting Deputy Assistant Secretary of the Treasury.
[FR Doc. 99-8992 Filed 4-9-99; 8:45 am]
BILLING CODE 4820-02-P
