U.S. Response:
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El Salvador

U.S. Protection of Pre-Hispanic Archaeological Materials

I. U.S. Actions
II. Background
III. Categories of Artifacts Subject to Import Restriction

IV. Import Regulations
V. For More Information

I. U.S. Actions

  • On September 11, 1987, the U.S. took emergency action to impose import restrictions on pre-Hispanic objects from Cara Sucia.
  • On March 8, 1995, the first bilateral Memorandum of Understanding (MOU) was signed by the United States and El Salvador placing import restrictions on all of El Salvador's pre-Hispanic archaeological materials and continuing without interruption the protection of the Cara Sucia archaeological material. The MOU was extended for a five-year period and amended effective March 8, 2000.

II. Background

These U.S. actions are in response to requests from the Government of El Salvador under Article 9 of the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. The import restrictions are intended to mitigate the results of extensive looting to meet the demands of U.S. and international trade in artifacts. As a result of the extensive looting that the region has experienced, irreplaceable chapters of El Salvador's archaeological record have been destroyed.

Image of life-size ceramic effigy of Xipe Totec.
Life-size ceramic effigy of Xipe Totec. Photo by Federico Trujillo, courtesy of Banco Agricola Comercial de El Salvador.

By 1987 looters had dug more than 5,000 pits in the Cara Sucia region alone, damaging or destroying burials, remains of structures, and other archaeological features which could have contributed to the knowledge of the region's prehistory.   The U.S. actions also further the aims of the 1994 Summit of the Americas action plan to enhance appreciation of indigenous cultures and cultural artifacts through the implementation of cultural property protection agreements.

U.S. Customs Returns Artifacts to El Salvador

On June 19, 2001, Pre-Columbian artifacts valued at approximately $100,000 were returned to the Government of El Salvador by the U.S. Customs Service. U.S. Customs Inspectors uncovered the artifacts at the San Francisco Airport last October when they examined two commercial shipments labeled "handicrafts". Upon further inspection, the "handicrafts" were determined to be Pre-Columbian archaeological artifacts which are subject to import restrictions under the bilateral agreement between the Government of the United States and the Government of El Salvador and U.S. law. For more information, see the U.S. State Department media note, U.S. Customs press release and the Embassy of El Salvador press release (in Spanish).

III. Categories of Artifacts Subject to U.S. Import Restriction

A complete list is published in the Federal Register notice of March 10, 1995. An illustrated list is available in the El Salvador Image Collection.

Restricted materials date from 1500 B.C. to A.D. 1550 and include pre-Hispanic stone sculpture, ceramic polychrome vessels, figurines, stamp seals, drums, and effigies and other items.

IV. Import Regulations

Objects listed in the Federal Register notice may enter the U.S. if they have an export permit issued by El Salvador or verifiable documentation that they left El Salvador prior to the effective date of the restriction: September 11, 1987, for pre-Hispanic material from Cara Sucia; March 10, 1995, for pre-Hispanic materials from all areas of El Salvador.

Under the 1973 Pre-Columbian Monumental or Architectural Sculpture or Murals Statute, monumental or architectural sculpture or murals may be imported into the U.S. with an export license issued by the country of origin or verifiable documentation that they left the country of origin prior to June 1, 1973.

V. For More Information

United States
International Cultural Property Protection

El Salvador
Consejo Nacional para la Cultura y las Artes (CONCULTURA)
Patrimonio Cultural
Edificio A-5, Plan Maestro
Centro de Gobierno
San Salvador, El Salvador, C.A.
Tel: (503) 281-0100

 


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El Salvador Image Collection

El Salvador Image Collection

2005 Extension and Amendment

2005 Federal Register Notice

2000 Extension and Amendment

2000 Federal Register Notice

1995 Agreement 

1995 Federal Register Notice (html)
(text)
 

1987 Federal Register Notice 

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