[Federal Register Volume 62, Number 184 (Tuesday, September 23, 1997)]
[Rules and Regulations]
[Pages 49594-49597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25342]
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DEPARTMENT OF THE TREASURY
Customs Service
19 CFR Part 12
[T.D. 97-80]
RIN 1515-AC22
Import Restrictions Imposed on Archaeological Artifacts From Mali
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 culturally significant
archaeological artifacts from the region of the Niger River Valley of
Mali and the Bandiagara Escarpment (Cliff), Mali. These restrictions
are being imposed pursuant to an agreement between the United States
and Mali 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 Mali continue the import restrictions
that were imposed on an emergency basis in 1993. Accordingly, this
document amends the Customs Regulations by removing Mali from the
listing of countries for which emergency actions imposed the import
restrictions and adding Mali to the list of countries for which an
agreement has been entered into for imposing import restrictions.
EFFECTIVE DATE: September 23, 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.
Mali has been one of the countries whose archaeological material
has been afforded emergency protection. In T.D. 93-74, Sec. 12.104g(b),
Customs Regulations, (19 CFR Sec. 12.104g(b)) was amended to reflect
that archaeological material from the region of the Niger River Valley
in Mali and the Bandiagara Escarpment (Cliff) in Mali forming part of
the remains of the ancient sub-Sahara culture received import
protection under the emergency protection provisions of the Act.
Import restrictions are now being imposed on these same
archaeological artifacts from Mali as the result of a
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bilateral agreement entered into between the United States and Mali.
This agreement was entered into on September 19, 1997, pursuant to the
provisions of 19 U.S.C. 2602. Protection of the archaeological material
from the region of the Niger River Valley in Mali and the Bandiagara
Escarpment (Cliff) in Mali 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 Mali and the emergency import
restrictions on certain archaeological material from Mali is being
removed from 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 Mali should be undertaken to continue the imposition of
import restrictions on certain archaeological material from Mali, the
Deputy Director of the United States Information Agency made a
determination that the cultural patrimony of Mali continues to be in
jeopardy from pillage of irreplaceable materials representing Mali
heritage and that the pillage is endemic and substantially documented
with respect to sites in the region of the Niger River Valley and the
Bandiagara Escarpment (Cliff) of Mali. The Deputy Director listed the
following archaeological material from the following sites as those
that are in need of protection.
Material
Archaeological material from sites in the region of the Niger River
Valley and the Bandiagara Escarpment (Cliff), Mali, dating from
approximately the Neolithic period to approximately the 18th century,
identifiable by unique stylistic features, by medium, and where
possible, by historic and cultural context. This archaeological
material includes, but is not limited to: terra cotta statues depicting
anthropomorphic and zoomorphic figures and terra cotta common vessels;
copper and copper alloy materials, such as bronze, from which have been
produced figurines and other objects such as pendants, finger bells,
bells and bracelets; iron figures; and glass beads. Other
archaeological material is identifiable as coming from the Tellem
burial caves of the Bandiagara Escarpment (Cliff) and includes, but is
not limited to: iron headrests; rings; bracelets; hairpins;
fingerbells; bronze pendants; carved wood anthropomorphic and
zoomorphic figures; carved wood headrests; wood bowls, spoons, hoes,
axes, bows, arrows quivers, flutes, harps and drums; leather sandals,
boots, knife-sheaths and plaited bracelets; ritual and utilitarian
pottery, three/four-footed ceramic bowls; textiles of cotton and wool
that are the remnants of tunics and coifs, blankets, skirts; organic
fiber from which belts were made; glass beads; stone (carnelian) beads;
and stone (quartz) lip plugs.
Sites
Sites include, but are not limited to: Djenne and Guimbala of the
Inland Niger Delta; Bougouni of the Upper Valley of the Niger River;
and the Bandiagara Escarpment (Cliff); and are recognized to be of high
cultural significance. These sites represent a continuum of
civilizations from the Neolithic period to the colonial occupation of
the 18th century, and lend an archaeological significance to the
region.
Designated List
The bilateral agreement between Mali and the United States covers
the material set forth in a Designated List of Archaeological Material
from the Region of the Niger River Valley, Mali and the Bandiagara
Escarpment (Cliff), Mali, 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 Mali legally and not
in violation of the export laws of Mali.
Archaeological Material From the Region of the Niger River Valley, Mali
and the Bandiagara Escarpment (Cliff), Mali
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 Mali--archaeological material
from the Region of the Niger River Valley, Mali and the Bandiagara
Escarpment (Cliff), Mali, 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.
I. Ceramics/Terra Cotta/Fired Clay
Types of ceramic forms (stylistically known as Djenne-jeno or
Jenne, Bankoni, Guimbala, Bambara, Bougouni and other stylistic labels)
that are known to come from the region include, but are not limited to:
A. Figures/Statues.
1. Anthropomorphic figures, often incised, impressed and with added
motifs, such as scarification marks and serpentine patterns on their
bodies, often depicting horsemen or individuals sitting, squatting,
kneeling, embracing, or in a position of repose, arms elongated the
length of the body or crossed over the chest, with the head tipped
backwards. (H: 6-30 in.)
2. Zoomorphic figures, often depicting a snake motif on statuettes
or on the belly of globular vases. Sometimes the serpent is coiled in
an independent form. A horse motif is common, but is usually mounted.
Includes quadrupeds. (H: 6-30 in.)
B. Common Vessels.
1. Funerary jars, ocher in color, often stamped with chevrons. (H:
50 to 80 cm.)
2. Globular vases often stamped with chevrons and serpentine forms.
(H: under 10 in.)
3. Bottles with a long neck and a belly that is either globular or
streamlined. Some have lids shaped like a bird's head.
4. Ritual pottery of the Tellem culture, decorated with a
characteristic plaited roulette.
a. Pot made on a convex mold built up by coiling.
b. Hemispherical pot made on three or four legs or feet resting on
a stand. (H: 18 cm.)
5. Kitchen pottery of the Tellem culture with the paddle-and-anvil
technique decorated with impressions from woven mats. (H: 20 cm.)
II. Leather
Objects of leather found in Tellem funerary caves of the Bandiagara
Escarpment include, but are not limited to:
A. Clothing.
1. Sandals often decorated and furnished with a leather ankle
protection.
2. Boots profusely painted with geometric designs.
3. Plaited bracelets.
4. Knife-sheaths.
5. Loinskin.
6. Bag.
III. Metal
Objects of metal from the region of the Niger River Valley and the
Bandiagara Escarpment include the following components:
A. Copper and Copper Alloy (Such as Bronze).
1. Figures/Statues.
a. Anthropomorphic figures,
[[Page 49596]]
including equestrian figures and kneeling figures. (Some are miniatures
no taller than 2 inches; others range from 6 to 30 inches).
b. Zoomorphic figures, such as the bull and the snake.
2. Bells (4-5 in.) and finger bells (2-3 in.).
3. Pendants, known to depict a bull's head or a snake. (H: 2-4 in.)
4. Bracelets, known to depict a snake (5-6 in.).
5. Bracelets, known to be shaped as a head and antelope (3-4 in.).
B. Iron.
1. Figures/Statues.
a. Anthropomorphic figures. (H: 5-30 in.)
b. Zoomorphic figures, sometimes representing a serpent. (H: 5-30
in.)
2. Headrests of the Tellem culture.
3. Ring-bells or fingerbells of the Tellem culture.
4. Bracelets and armlets of the Tellem culture.
5. Hairpins, twisted and voluted, of the Tellem culture.
IV. Stone
Objects of stone usually found in Tellem funerary caves of the
Bandiagara Escarpment include, but are not limited to:
A. Carnelian beads (faceted).
B. Quartz lip plugs.
V. Glass Beads
Glass beads have been recovered in the Tellem funerary caves and in
archaeological sites in the region of the Niger River Valley.
VI. Textiles
Textile objects, or fragments thereof, have been recovered in the
Tellem funerary caves of the Bandiagara Escarpment and include, but are
not limited to:
A. Cotton.
1. Tunics.
2. Coifs.
3. Blankets.
B. Vegetable Fiber.
Skirts, aprons and belts--made of twisted and intricately plaited
vegetable fiber.
C. Wool.
Blankets.
VII. Wood
Objects of wood may be found archaeologically (in funerary caves of
the Tellem or Dogon peoples in the Bandiagara Escarpment, for example).
Archaeological Material of Wood
Following are representative examples of wood objects usually found
archaeologically:
A. Figures/Statues.
1. Anthropomorphic figures--usually with abstract body and arms
raised standing on a platform, sometimes kneeling. (H: 10-24 in.)
2. Zoomorphic figures--depicting horses and other animals. (H: 10-
24 in.)
B. Headrests.
C. Household Utensils.
1. Bowls.
2. Spoons--carved and decorated.
D. Agricultural/Hunting Implements.
1. Hoes and axes--with either a socketed or tanged shafting without
iron blades.
2. Bows--with a notch and a hole at one end and a hole at the other
with twisted, untanned leather straps for the ``string''.
3. Arrows, quivers.
4. Knife sheaths.
E. Musical Instruments.
1. Flutes with end blown, bi-toned.
2. Harps.
3. Drums.
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 Malian
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.
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 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, paragraph (a) the list of agreements imposing
import restrictions on described articles of cultural property of State
Parties is amended by adding Mali in appropriate alphabetical order as
follows:
Sec. 12.104g [Amended]
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State Cultural property T.D. No.
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* * * *
* * *
Mali.......................... Archaeological T.D. 97-80
material from the
Niger River Valley
Region, Mali, and
the Bandiagara
Escarpment (Cliff)
forming part of the
remains of the sub-
Sahara culture..
* * * *
* * *
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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 ``Mali'' in its
entirety.
Samuel H. Banks,
Acting Commissioner of Customs.
Dated: September 12, 1997.
John P. Simpson,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 97-25342 Filed 9-19-97; 2:01 pm]
BILLING CODE 4820-02-P
