Federal Register Notice:
October 3, 1997; 62(192):51771-51774
Import Restrictions Imposed
on
Archaeological Artifacts From Guatemala
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.
SUMMARY: This document
amends the Customs Regulations to reflect the imposition of import restrictions
on pre-Columbian culturally significant 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.
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
|
|
|
Stage |
Substage |
Dates |
Preclassic
Stage.......... |
Early
Preclassic..........
Preclassic..........
Late Preclassic.......... |
2000/1500
B.C.-600 B.C.
600 B.C.-400 B.C.
400 B.C.-250 A.D. |
Classic
Stage.......... |
Early
Classic..........
Late Classic.......... |
250 A.D.-550
A.D
550 A.D.-900 A.D. |
Postclassic
Stage.......... |
Early
Postclassic..........
Late Postclassic.......... |
900 A.D.-1250
A.D.
1250 A.D.-1524 A.D. |
Designated
List Of Materials
-
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.
-
Common Vessels.
-
Vases--(10-25 cm ht).
-
Bowls--(8-15 cm ht).
-
Dishes and plates--(27-62
cm diam).
-
Jars--(12.5-50 cm ht).
-
Special Forms.
-
Drums--polychrome painted
and plain (35-75 cm ht).
-
Figurines--human and animal
form (6-15 cm ht).
-
Whistles--human and animal
form (5-10 cm ht).
-
Rattles--human and animal
form (5-7 cm ht).
-
Miniature vessels--(5-10
cm ht).
-
Stamps and seals--engraved
geometric design, various sizes and shapes.
-
Effigy vessels--in human
or animal form (16-30 cm ht).
-
Incense burners--elaborate
painted, applied and modeled decoration in form of human figures (25-50
cm ht).
-
Stone (jade,
obsidian, flint, alabaster/calcite, limestone, slate, and other).
-
Figurines--human and animal
(7-25 cm ht).
-
Masks--incised decoration
and inlaid with shell, human and animal faces (20-25 cm length).
-
Jewelry--various shapes
and sizes.
-
Pendants.
-
Earplugs.
-
Necklaces.
-
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.
-
Tools and Weapons.
-
Arrowheads (3-7 cm length).
-
Axes, adzes, celts (3-16
cm length).
-
Blades (4-15 cm length).
-
Chisels (20-30 cm length).
-
Spearpoints (3-10 cm length).
-
Eccentric shapes (10-15
cm length).
-
Grindingstones (30-50
cm length).
-
Vessels and Containers.
-
Bowls (10-25 cm ht).
-
Plates/Dishes (15-40 cm
diam).
-
Vases (6-23 cm ht).
-
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.
-
Jewelry--various shapes
and sizes.
-
Necklaces.
-
Bracelets.
-
Disks.
-
Earrings or earplugs.
-
Pendants.
-
Figurines--(5-10 cm ht).
-
Masks--(15--25 cm length).
-
Shell--Decorated
with cinnabar and incised lines, sometimes with jade applied.
-
Figurines--human and animal
(2-5 cm ht).
-
Jewelry--various shapes
and sizes.
-
Necklaces.
-
Bracelets.
-
Disks.
-
Earrings or earplugs.
-
Pendants.
-
Natural Forms--often with
incised designs, various shapes and sizes.
-
Animal Bone--Carved
or incised with geometric and animal designs and glyphs.
-
Tools--various sizes.
-
Needles.
-
Scrapers.
-
Jewelry--various shapes
and sizes.
-
Pendants.
-
Beads.
-
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.
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:
State |
Cultural
property |
T.D.
No. |
*
*
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. |
*
*
T.D. 97--81 |
*
* |
*
* |
*
* |
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
Home | Site
Index | Site
Search
|
Disclaimer
& Credits | Contact Us | Back
To Top
Revised: September 30, 2002 |
|
|
SELECT FROM THE FOLLOWING:
Guatemala
Image Collection
2007
Federal Register Notice of Extension
2007 Amended Article
II (English)
(Spanish)
2002
Federal Register Notice
1997
Agreement
1997
Federal Register Notice (html) (text)
1991
Federal Register Notice
Frequently Asked
Questions
|