Federal Register Notice:
September 11, 1987; 52(176):34614-34616
(Amended 1995, 2000, 2005)
Import Restrictions
on Archaeological Material From El Salvador
DEPARTMENT OF THE
TREASURY
Customs Service
[T.D. 87-104]
Import Restrictions
on Archaeological Material From El Salvador
AGENCY:
U.S. Customs Service, Department of the Treasury.
ACTION:
Notice of import restrictions.
SUMMARY: This document
advises the public that in accordance with a request from the Government
of El Salvador, restrictions are being placed on the importation of certain
endangered archaeological material from El Salvador. This action, which
is being taken pursuant to the Convention on Cultural Property Implementation
Act and 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, and in cooperation with the U.S. Information Agency, will assist
El Salvador in protecting its cultural patrimony.
EFFECTIVE DATE: September
11, 1987.
FOR FURTHER INFORMATION
CONTACT:
Legal aspects: Samuel
Orandle, Entry Procedures and Penalties Division (202- 566-5765); Operational
aspects:
Louis Alfano, Commercial Compliance Division (202-566-8651).
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 accompanying
illegal exporting and importing.
There has been growing
concern in the U.S. regarding the need for protecting endangered cultural
property. The appearance in the U.S. of stolen or illegally exported artifacts
from other countries where there has been recent pillaging has, on occasion,
strained our foreign and cultural relations. This situation, combined with
the concerns of the 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 spirit of the Convention
was enacted into law 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. In 1983, the U.S. became the
first major art importing country to implement the 1970 Convention.
It was with these goals
in mind that Customs issued interim regulations to carry out the policies
of the Act. The interim regulations, which were set forth in Sec. 12.104,
Customs Regulations (19 CFR 12.104), were published in the Federal Register
as T.D. 85-107 on June 25, 1985 (50 FR 26193), and took effect immediately.
After consideration of comments received on the interim regulations, final
regulations were issued as T.D. 86-52, published in the Federal Register
on February 27, 1986 (51 FR 6905), and took effect on March 31, 1986.
El Salvador
Under section 303(a)(3)
of the Cultural Property Implementation Act (19 U.S.C. 2602(a)(3)), the
Government of El Salvador, a State Party to the 1970 UNESCO Convention,
requested the U.S. Government to impose import restrictions on certain
endangered archaeological material to assist El Salvador in protecting
its cultural patrimony. Notice of receipt of the request was published
by the U.S. Information Agency (USIA) in the Federal Register on
April 8, 1987 (52 FR 11414).
On April 21, 1987, the
request was referred 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, on
July 16, 1987. The Committee found the situation in El Salvador to be an
emergency and recommended that the U.S. Government impose emergency import
restrictions. 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 made his determination that emergency import
restrictions be applied.
The Commissioner of
Customs, in consultation with the Deputy Director of the USIA, has drawn
up a list of covered archaeological material from the Cara Sucia archaeological
region in El Salvador. The materials on the list are subject to the 1970
UNESCO Convention and Sec. 12.104, Customs Regulations. As provided in
19 U.S.C. 2601 et seq., and Sec. 12.104a, Customs Regulations, listed
material from this region may not be imported into the U.S. unless accompanied
by documentation certifying that the material left El Salvador legally
and not in violation of the laws of El Salvador.
In the event an importer
cannot produce the certificate, documentation, or evidence required in
Sec. 12.104c, Customs Regulations, at the time of making entry, Sec. 12.104d
provides that the district director of Customs 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).
Illustrative
List of Categories of Prehispanic Archaeological Objects From the Cara
Sucia Archaeological Region
The following descriptions
are illustrative and representative but are not intended to be exhaustive
or restrictively typical.
Ceramic Vessels
- Miniature bottles,
bowls, jars, flasks of fine clay, cream to brown colored, sometimes
with stamped or carved designs, measuring 2 to 3 inches in height.
- Bowls: Low, open
vessels in a variety of styles and colors usually 4 to 10 inches in
diameter and 4 and 5 inches in height. Styles include:
--Arambala polychrome,
reddish brown to brown color, with glyphic and/or animal motifs and bands;
--Salinitas polychrome,
streaky cream to orange colored with black bands and designs such as spirals
and animals;
--Usulutan style, a "negative"
decorative technique with light color lines on a darker background; often
colored cream and orange to light brown;
--Delirio bichrome, red
design on a cream surface;
--Olocuilta monochrome,
bright orange with traces of paint;
--Lolotique monochrome,
dull red decorated with finely incised lines;
--Pinos monochrome, black-brown
surface usually weathered to matte appearance, fine to coarsely incised
design that may have a dull red pigment rubbed in;
--Santa Tecla monochrome,
dull red sometimes with faceted shoulder.
- Jars: Vessels
with neck and narrow opening, sometimes with handles, usually measuring
7 to 9 inches in height. Styles include:
--Guarumal bichrome,
white dots on orange-red background;
--Usulutan style, a "negative"
decorative technique, with light color lines on a darker background; often
colored cream and orange to light brown;
--Plumbate monochrome,
lead grey to orange colored with metallic sheen, sometimes with effigy
appliques; when tapped has a distinct ring.
- Effigy Vessels:
Vessels fashioned to resemble human, animal or natural forms; usually
orange, red or brown colored and 7 and 8 inches in height.
- Vases: Vessels
with straight or shaped sides, sometimes stuccoed, usually 6 to 9 inches
in height. Styles include:
--Incised or molded cylindrical
vase, orange to brown in color, sometimes decorated with carved geometric
or naturalistic designs depicting ceremonial scenes or monkeys on cream
panels;
--Nicoya polychrome "lamp
chimney" vase, white background with red, black and orange designs and
black "step scrolls." Also frequently found as simple bowls with effigy
supports;
--Pear-shaped with ring
base with designs in blue, yellow and red; may be stuccoed;
--Tiquisate, round-bottomed
vase, colored cream to orange with incised designs carved on panels on
each side of vase.
- Plates: Made
with tripod feet or low vase, usually reddish brown or orange colored.
May have painted symbolic designs in red, orange, black, blue or white
of human or animal figures. Plates are usually no larger than 15 inches
in diameter.
- Censers:
Ladle censers with oversized handle ("frying pan" shaped) with orange
or brick-red surfaces. They measure usually a little over 14 inches
in length.
Ceramic
Figurines
- Figurines:
Made from clay, often hollow and shaped like a bell, depicting human
forms (often women elaborately adorned with headdresses and earplugs,
sometimes with child in arms) or animal forms (dogs, monkeys, bats,
toads, birds). Often beige to reddish brown color, sometimes with traces
of colored paint. Small in size, usually under 12 inches in height.
May be hand molded or made from a mold.
- Whistles and
flutes: Hollow clay figures, beige to brown color, shaped as animals
such as birds, jaguars, dogs, or marsupials, and combining in some cases,
human features.
- Molds: Used to produce
figurines, often show press marks and finger drags; usually brick-red
in color and coarsely textured.
Other Ceramic Objects
- Drums: Open
at the top and bottom, black-brown to orange in color and sometimes
incised with a medallion design; usually 8 inches in height.
- Effigies: Objects
fashioned to resemble natural, animal or human forms, including mushrooms,
usually orange, red or brown colored and 7 to 8 inches in height.
- Stamp seals:
Seals designed to resemble animals (birds, reptiles, monkeys, insects)
or geometric motifs; has a short spike handle on back; small in size
measuring 2 x 2 inches.
Stone Sculpture
- Basalmo "death"
sculpture depicting a human figure with closed eyes crouching, carved
from grey igneous stone; usually 12 inches in height.
- "Hachas," or flat
stones resembling a human or animal head in profile, usually 12 inches
in height.
- Relief panel resembling
a jaguar head carved in relief from grey igneous stone, measuring 24
inches by 24 inches in size.
Dated: September 4, 1987.
Michael H. Lane,
Acting Commissioner
of Customs.
[FR Doc. 87-20905 Filed
9-10-87; 9:43 am]
BILLING CODE 4820-02-M
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