[Federal Register Volume 62, Number 77 (Tuesday, April 22, 1997)]
[Rules and Regulations]
[Pages 19488-19492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10504]
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DEPARTMENT OF THE TREASURY
Customs Service
19 CFR Part 12
[T.D. 97-31]
RIN 1515-AC14
Archaeological and Ethnological Material From Canada
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 certain archaeological and
ethnological material of Canada's native peoples and certain underwater
archaeological material. These restrictions are being imposed pursuant
to an agreement between the United States and Canada which 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 and Ethnological Material which
describes the articles to which the restrictions apply.
EFFECTIVE DATE: April 22, 1997.
FOR FURTHER INFORMATION CONTACT:
Legal Aspects: Donnette Rimmer, Intellectual Property Rights Branch
(202) 482-6960.
Operational Aspects: Louis Alfano, Commercial Enforcement, Office
of Field Operations (202) 927-0005.
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 from which 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 cultural artifacts
of a number of signatory nations as a result of requests for protection
received from those nations.
Import restrictions are now being imposed as the result of a
bilateral agreement entered into between the United States and Canada.
This agreement was signed on April 10, 1997, under the authority of the
provisions of 19 U.S.C. 2602. 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
Canada.
This document contains the Designated List of Archaeological and
Ethnological Material representing the cultures of the native peoples
of Canada which are covered by the agreement. Importation of articles
on this list is restricted unless the articles are accompanied by an
appropriate export certification issued by the Government of Canada.
In reaching the decision to recommend the application of import
restrictions, the Deputy Director, USIA, determined, pursuant to the
requirements of the Act, that with respect to:
(1) Inuit (Eskimo) archaeological and ethnological material, that
the cultural patrimony of Canada is in jeopardy from the pillage of
archaeological and ethnological material from the Inuit which includes
the following periods/cultures: Paleo-Eskimos (2000-500 B.C.), Dorset
(500 B.C.-1000 A.D.), Thule (1000-1800 A.D.), and the historic period
beginning approximately 1800 A.D.; and originates in the geographic
region extending from the Alaskan border in the west to Baffin Island
in the east and as far southeast as the coast of Labrador, and south to
the treeline, and falling within the present day area defined by the
Yukon and Northwest Territories and the provinces of Quebec and
Newfoundland-Labrador; and with respect to
(2) Subarctic Indian ethnological material, that the cultural
patrimony of Canada is in jeopardy from the pillage
[[Page 19489]]
of ethnological material of the Subarctic Indian which covers the
period from approximately the 17th century and which material dates
from the 17th century A.D.; and which material originates in the
geographic region extending from the Alaskan border in the west to
Labrador in the east, from the tundra extending south encompassing
large areas of the Yukon and Northwest Territories and including parts
of all provinces except New Brunswick, Nova Scotia and Prince Edward
Island on the east coast; and, with respect to
(3) Northwest Coast Indian archaeological and ethnological
material, that the cultural patrimony of Canada is in jeopardy from the
pillage of archaeological and ethnological material of the Northwest
Coast Indian beginning from approximately 10,000 B.C. for
archaeological material and since approximately 1800 A.D. for
ethnological material; and originates in the geographic region
extending in Canada along the coast of British Columbia (including
offshore islands) from the Alaskan border in the north to the southern
tip of Vancouver Island; and, with respect to
(4) Plateau Indian archaeological material, that the cultural
patrimony of Canada is in jeopardy from the pillage of archaeological
material of the Plateau Indian dating from approximately 6,000 B.C.;
and originates in the southern part of the interior region, between the
coastal mountain range and the Rocky Mountains, in the province of
British Columbia; and, with respect to
(5) Plains Indian ethnological material, that the cultural
patrimony of Canada is in jeopardy from the pillage of ethnological
material (dating from approximately 1700 A.D.) of the Plains Indian;
and originates in Canada in the region extending eastward from the
Rocky Mountains, southward from the North Saskatchewan River to the
Canada/U.S. border, and encompassing portions of the provinces of
Alberta, Saskatchewan and Manitoba; and, with respect to
(6) Woodlands Indian archaeological and ethnological material, that
the cultural patrimony of Canada is in jeopardy from the pillage of
archaeological (dating from approximately 9,000 B.C. to approximately
1550 A.D.) and ethnological material (dating from approximately the
mid-16th century) of the Woodlands Indian; originating in an area south
of the boreal forest in eastern Canada from the Great Lakes to the east
coast; and, with respect to
(7) Underwater archaeological material, that the cultural patrimony
of Canada is in jeopardy from the pillage of underwater archaeological
material found (at historic shipwrecks and other underwater historic
sites) in the inland waters of Canada as well as the Canadian
territorial waters of the Atlantic, Pacific and Arctic Oceans, and the
Great Lakes.
Designated List of Archaeological Artifacts and Ethnographic
Material Culture of Canadian Origin and Certain Underwater
Archaeological Material Restricted From Importation Into the United
States
Pursuant to an agreement between the United States and Canada, the
following list contains descriptions of the cultural materials for
which the United States imposes import restrictions under the
Convention on Cultural Property Implementation Act (P.L. 97-446), the
legislation enabling implementation of the 1970 UNESCO Convention on
the Means of Prohibiting and Preventing the Illicit Import, Export and
Transfer of Ownership of Cultural Property.
Definitions
For purposes of this list and in accordance with the United States
Cultural Property Implementation Act and Canada's Cultural Property
Export and Import Act, the following definitions are applicable:
Archaeological artifact means an object made or worked by a person
or persons and associated with historic or prehistoric cultures that is
of cultural significance and at least 250 years old and normally
discovered as a result of scientific excavation, clandestine or
accidental digging, or exploration on land or under water.
Ethnographic material culture means an object that was made,
reworked or adapted for use by a person who is an Aboriginal person of
Canada (e.g., the product of a tribal or non-industrial society), is of
ethnological interest and is important to the cultural heritage of a
people because of its distinctive characteristics, comparative rarity,
or its contribution to the knowledge of the origins, development or
history of that people. The terms ethnographic material culture and
ethnological material are used interchangeably.
Aboriginal person of Canada means a person of Indian or Inuit
ancestry, including a Metis person, or a person recognized as being a
member of an Indian, Inuit or Metis group by the other members of that
group, who at any time ordinarily resided in the territory that is now
Canada.
General Restrictions
Pursuant to Canada's Cultural Property Export and Import Act,
certain archaeological artifacts and ethnographic material are subject
to export control. Export permits are available at designated offices
of Canada Customs. Information about export controls is available from
Movable Cultural Property, Department of Canadian Heritage by telephone
at 819-997-7761.
In the absence of export permits where required, United States
import restrictions will apply to the following Aboriginal cultural
groups in Canada: Inuit (Eskimo) archaeological and ethnological
material; Subarctic Indian ethnological material; Northwest Coast
Indian archaeological and ethnological material; Plateau Indian
archaeological material; Plains Indian ethnological material; Woodlands
Indian archaeological and ethnological material. Such import
restrictions will also apply to underwater archaeological material
found at historic shipwrecks and other underwater historic sites in the
inland waters of Canada as well as the Canadian territorial waters of
the Atlantic, Pacific and Arctic Oceans, and the Great Lakes.
Below are representative lists, subject to amendment, of objects
covered by these import restrictions.
Ethnographic Material Culture
Below is a representative list, subject to amendment, of objects of
ethnographic material culture, organized by the primary type of
material used to make the object.
In accordance with Canadian law, restrictions only apply to
ethnological material listed below which was made, reworked or adapted
for use by an Aboriginal person of Canada who is no longer living,
which is greater than 50 years old, and which has a fair market value
in Canada of more than $3,000 (Canadian).
Ethnographic material from the following Aboriginal cultural groups
is included in this list and is subject to United States import
restrictions: Inuit (Eskimo); Subarctic Indian; Northwest Coast Indian;
Plains Indian; and Woodlands Indian.
Ethnographic material from the following cultural group is excluded
from this list and is not subject to United States import restrictions:
Plateau Indian.
This section is organized by the primary type of material used to
make the object.
[[Page 19490]]
I. Animal and Bird Skins (Hide), Fur and Feathers
A. Hunting and fishing equipment:
Quivers (arrow cases);
Rifle scabbards/holsters and bandoliers (ammunition belts); and
Kayaks, canoes and other boats made of skin or hide.
B. Horse trappings:
Saddle bags and throws, blankets, etc.
C. Clothing (often decorated with beads, buttons, hair, fur, shells,
animal teeth, coloured porcupine quills):
Belts, dresses, jackets, leggings, moccasins, robes, shirts, vests,
parkas;
Yokes, beaded;
Headdresses, decorated with feathers, hair, fur, and/or horn; and
Ornaments, jewelry and other accessories (including necklaces often
with hide-covered stone).
D. Other sewn objects:
Cradle boards and covers;
Bags, pouches;
Rugs; and
Tipi covers (with or without paint or other decoration).
E. Skins with applied writing, drawing, or painted decoration, design
or figures.
F. Musical instruments:
Drums.
G. Prepared Skins of Birds and mammals used in sacred bundles or as
wrappings.
H. Parfleches (all-purpose hide containers, folded and/or sewn, with or
without painted or other applied decoration).
II. Wood, Bark, Roots, Seeds
A. Weapons and hunting equipment:
Tomahawks;
Snowshoes;
Clubs;
Sheathes for knives;
Paddles; and
Canoes and other boats (carved wood, birchbark).
B. Containers:
Baskets, pouches, bags, mats; and
Boxes and chests (bark, root, wood), often elaborately carved or
painted.
C. Domestic utensils and tools:
Bowls;
Spoons, ladles;
Trays;
Spindle whorls (small, usually circular flywheels to regulate
textile or other spinning);
Adzes (axe-like tool for trimming and smoothing wood) and other
woodworking tools;
Bark beaters; and
Mat creasers.
D. Furniture:
Chairs, backrests, settees (seat or small bench with back); and
Mats.
E. Carved models:
Animal and human figurines; and
Miniature canoes and totem poles.
F. Toys, dolls and games.
G. Musical instruments:
Drums;
Whistles, flutes, recorders; and
Rattles, sometimes elaborately carved in animal or human form and
painted or otherwise decorated.
H. Ornaments and accessories:
Pendants, chains and other jewelry;
Combs; and
Birchbark belts.
I. Hats (spruce root, wood, bark, woven grass).
J. Ceremonial objects:
Pipes and pipestems;
Masks and headdresses (wood or cornhusk, often complexly carved and
painted, usually resembling animals, or human faces, sometimes
contorted);
Rattles (see description above in G.);
Bowls;
Staffs, standards (ceremonial poles, in some cases used to support
banners or flags); and
Birchbark scrolls with carved pictographic designs or figures.
K. Totem poles, house posts and wall panels (usually carved and/or
painted).
III. Bone, Tooth, Shell, Horn, Ivory, Antler (Items Made From, or
Decorated With)
A. Carved hunting and fishing equipment (such as carved bow handles).
B. Weapons and tools:
Clubs;
Needles and sewing kits; and
Shuttles (small instrument containing a reel or spool or otherwise
holding thread or other similar material during weaving or lace-
making).
C. Carved figurines:
Representations of people, fish, animals.
D. Ornaments and other accessories:
Combs;
Beads and pendants; and
Snow goggles and visors.
E. Ceremonial objects:
Masks (see description in II J.); and
Amulets and charms.
F. Miniatures and game pieces:
Especially cribbage boards.
G. Pipes.
H. Musical instruments:
Whistles.
IV. Stone, Argillite Stone, Amber
A. Hunting and fishing equipment:
Bola and bola weight (weapon consisting of long cord or thong with
stone balls at the end);
Blubber pounder;
Harpoon head;
Net weights; and
Toggles (rod, pin or bolt used with rope to tighten it, to make an
attachment or prevent slipping).
B. Tools:
Snow knives; and
Ulus (crescent-shaped knife with small handle on side).
C. Domestic utensils:
Plates, platters, bowls;
Lamps (bowl or trough-shaped) and wick trimmers;
Boxes; and
Hearthstone.
D. Ornaments and other accessories:
specially incised pendants.
E. Ceremonial objects:
Masks; and
Seated human and animal figure bowls.
F. Pipes:
Argillite, catlinite and steatite, often ornately carved with
animals and human designs.
G. Carved figurines:
Especially carved argillite figural groups and miniature totem
poles.
V. Porcupine Quills (items made from, or ornamented with)
A. Drinking tubes; and
B. Ornamentation for clothing and other sewn objects, usually colored.
VI. Textiles (Cotton, Wool, Linen, Canvas)
A. Decorated cloth panels and ceremonial dance curtains;
B. Garments and accessories:
Belts, dresses, hats/hoods, jackets, leggings, moccasins, robes,
shirts, vests, aprons, tunics;
Blankets or capes, often decorated with buttons, quillwork, beads,
shells; and
Pouches and bags.
C. Wrappings for ceremonial objects;
D. Canvas tipis and tipi models; and
E. Woven blankets (incl. Chilkat blankets of woven mountain goat wool
and cedar bark, with elaborate coloured designs).
VII. Metals (Copper, Iron, Steel, Gold, Silver, Bronze)
A. Weapons and shields:
Daggers.
B. Hunting and fishing equipment:
Fishing lures.
C. Tools:
Snow knives; and
Ulus (see description under IV B.).
D. Clothing and hair ornaments;
E. Ceremonial objects:
Masks;
[[Page 19491]]
Rattles, charms; and
Coppers (large flat copper plates with beaten or incised
decoration).
VIII. Clay
A. Figurines (people, fish, animals);
B. Pipes; and
C. Pottery vessels and containers such as bowls or jars.
IX. Beads (Glass, Clay, Shell, Bone, Brass) (Items Decorated With)
A. Horse gear (bridles, saddle bags, decorative accessories);
B. Bags, pouches, parfleches (see description in I H.), and knife
sheaths (decorative);
C. Clothing: belts, dresses, leggings, moccasins, shirts, vests,
jackets, hoods, mantles/robes;
D. Musical instruments:
Drums; and
E. Ceremonial/sacred amulets and objects
X. Hair (Items Decorated With, or Made From Human or Animal Hair)
Ornamentation used on clothing and other sewn objects, such as pouches,
ceremonial objects.
Archaeological Artifacts
Below is a representational list, subject to amendment, of
archaeological artifacts recovered from the soil of Canada, the
territorial sea of Canada or the inland or other internal waters of
Canada.
The Government of Canada, in accordance with Canadian law, will not
restrict the export of archaeological artifacts recovered less than 75
years after their loss, concealment or abandonment. United States
import restrictions, however, only will apply to archaeological
material that is at least 250 years old.
Archaeological artifacts from the following Aboriginal cultural
groups are included in this list: Inuit (Eskimo); Northwest Coast
Indian; Plateau Indian; Woodlands Indian. Also included in this list is
underwater archaeological material from historic shipwrecks and other
underwater historic sites.
Archaeological artifacts from the following Aboriginal cultural
groups are excluded from this list: Subarctic Indian, Plains Indian.
I. Aboriginal Archaeological Artifacts
A. Animal and Bird Skins (Hide), Fur and Feathers:
Quivers (arrow cases);
Kayaks, canoes and other boats made of skin or hide;
Clothing, ornaments and other accessories;
Bags, pouches; and
Drums.
B. Wood, Bark, Roots, Seeds:
Snowshoes;
Knives sheathes;
Canoes and paddles (wood);
Containers (wood baskets, pouches, boxes, chests);
Domestic utensils (wood bowls, spoons, woodworking tools);
Carved models, toys and games;
Musical Instruments (wood drums, flutes, whistles, rattles); and
Ceremonial objects (wood pipes, masks, rattles, bowls).
C. Bone, Tooth, Shell, Horn, Ivory, Antler:
Carved hunting and fishing equipment;
Weapons and tools (clubs, needles, shuttles);
Carved figurines (representations of people, fish, animals);
Ornaments and other accessories (combs, beads and pendants, snow
goggles and visors);
Masks and other ceremonial objects;
Miniatures and game pieces (including cribbage boards);
Pipes; and
Whistles.
D. Stone, Argillite Stone, Amber:
Hunting and fishing equipment (including harpoon or spear heads,
net weights, toggles, bola weights);
Tools (snow knives and ulus--see description in Ethnological
Material);
Plates, platters, bowls;
Lamps (bowl or trough-shaped);
Boxes;
Ornaments and other accessories;
Masks;
Pipes; and
Carved figurines.
E. Porcupine Quills (items made from, or decorated with):
Drinking Tubes;
Ornamentation for clothing, usually coloured;
Pouches, bags; and
Ceremonial objects.
F. Textiles (wool, cotton, linen, canvas):
Garments (see description under Ethnological Material);
Blankets, often decorated with buttons, quillwork, beads, shells;
Pouches, bags; and
Wrappings for ceremonial objects.
G. Metals (copper, iron, steel, gold, silver, bronze):
Weapons and shields;
Hunting and fishing equipment, including fishing lures;
Tools (including snow knives and ulus--see description under
Ethnological Material);
Clothing and hair ornaments;
Ceremonial objects, especially coppers (see description under
Ethnological Material);
H. Clay:
Figurines (people, fish, animals);
Pipes; and
Pottery vessels and containers such as bowls or jars.
I. Beads (glass, clay, shell, bone, brass) (items decorated with).
J. Hair (ornamentation of human or animal hair used on clothing and
other sewn objects).
II. Non-aboriginal Archaeological Artifacts: Historic Shipwrecks
A. General Ship's Parts (wood and metal):
Anchor;
Wheel;
Mast;
Riggings (block and pulley; deadeye; lanyard);
Bell;
Hull and fittings (rudder, keel, keelson, futtock, fasteners, iron
supports);
Figurehead and other carved vessel decoration;
Windlass and capstan (winches);
Wood of the ship;
Furniture;
Porthole;
Ballast (pig iron) (metal weight carried to stabilize ship);
Pump assembly (plunger, working barrel, piston);
Riggings (cables); and
Heating, lighting and plumbing fixtures.
B. Navigational instruments:
Compass;
Astrolabe or sextant (instruments for calculation of navigation by
stars);
Telescope;
Nocturnal;
Sounding leads;
Cross staff or back staff;
Dividers;
Lanterns; and
Binnacle (the case enclosing a ship's compass).
C. Armaments:
Cannon, carronade (type of short, light cannon), mortars;
Cannonshot (balls, chair and bar);
Arms (guns, knives, pikes, cutlasses, scabbards, swords);
Gun carriage components;
Musket shot (metal balls); and
Bandoliers (cartridge straps) .
D. Tools and wares:
Carpenter's tools;
Sail making tools;
Rope making tools;
Medicinal wares;
Galley ware (cooking caldron, crockery, glassware, beverage
bottles, cutlery, treen, stoves);
Caulker tools;
Surgeon tools;
[[Page 19492]]
Chaplain tools;
Fishing supplies (lead sinkers, hooks, barrels, try works);
Cooper's tools; and
Blacksmith's tools.
E. Ship's Cargo:
Raw metal (iron, copper, bronze, lead);
Wood;
Ceramics;
Glassware (fine glass decanters);
Trade beads;
Containers (casks, baskets); and
Stone (for building or ballast).
F. Personal Goods Found on Ships:
Jewelry (gold, silver, stone);
Coins;
Gaming pieces (dice);
Buckles and buttons;
Chests;
Combs;
Pipes;
Religious items;
Timepieces;
Bedding, clothing and other textiles; and
Shoes.
Inapplicability of Notice and Delayed Effective Date
Because this amendment is being made in response to a bilateral
agreement entered into in furtherance of the foreign affairs interests
of the United States, pursuant to Sec. 553(a)(1) of the Administrative
Procedure Act, no notice of proposed rulemaking or public procedure is
necessary. For the same reason, a delayed effective date is both
impracticable and contrary to the public interest.
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.
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 Peter T. Lynch,
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:
Sections 12.104--12.104i also issued under 19 U.S.C. 2612.
Authority: 5 U.S.C. 301, 19 U.S.C. 66, 1202 (General Note 20,
Harmonized Tariff Schedule of the United States (HTSUS)), 1624.
* * * * *
Sec. 12.104g [Amended]
2. In Sec. 12.104g, paragraph (a), the listing of agreements
imposing import restrictions on described articles of cultural property
of State Parties is amended by adding ``Canada'' in appropriate
alphabetical order under the column headed ``State Party'', and adding
adjacent to the listing of ``Canada'' the description ``Archaeological
Artifacts and Ethnological Material Culture of Canadian Origin'' under
the column headed ``Cultural Property'' and the reference ``T.D. 97-
31'' under the column headed ``T.D. No.''
George J. Weise,
Commissioner of Customs.
Approved: April 9, 1997.
John P. Simpson,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 97-10504 Filed 4-21-97; 8:45 am]
BILLING CODE 4820-02-P
