U.S. Response:
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Bolivia

U.S. Protection of Archaeological and Ethnological Materials

I. U.S. and Bolivian Actions
II. Summary of the Basis for These Actions
III. Categories of Artifacts Subject to Import Restriction

IV. Import Regulations
V. For More Information

I. U.S. and Bolivian Actions

On March 14, 1989, the U.S. placed emergency import restrictions on antique Aymara textiles from Coroma. On May 5, 1993, the emergency import restriction was extended for an additional three years. The emergency restriction has expired, but other U.S. laws would be applicable in their recovery should there be future unauthorized movement of these textiles into the United States.

On December 4, 2001, the U.S. and Bolivia signed a bilateral agreement (or Memorandum of Understanding [MOU]), which imposed import restrictions on pre-Columbian archaeological artifacts and Colonial and Republican ethnological materials.

On December 4, 2006, the MOU with Bolivia was extended for an additional five-year term.

II. Summary of the Basis for These Actions

U.S. actions were in response to requests from the Government of Bolivia under Article 9 of the 1970 UNESCO Convention.

With respect to the 1989 emergency action to protect certain antique Aymara textiles from Bolivia, it was found that the United States was a major market for these objects. Handed down from generation to generation, some dating from the 15th century, these textiles are held communally and play a prominent role in the social, political, economic, and religious life in the Andean village of Coroma. Over the course of the 1980s, U.S. dealers traveled to Coroma and, through middlemen, acquired and exported nearly half of its ceremonial textile assemblage, in violation of Bolivian export and ownership laws. The Bolivian middlemen were prosecuted, and the community elders took strong steps against local citizens involved in the theft and illicit transport of these materials. Coroma's elders issued pleas to U.S. collectors and museums not to acquire their ancestral textiles and to return those already acquired. Two major repatriations occurred.

With respect to the 2001 agreement, it was found that the pre-Columbian people of Bolivia achieved a high degree of technological, agricultural, and artistic achievement, but the culture as a whole remains poorly understood. Further, it was found that the archaeological evidence necessary for scientists to reveal the early history of Bolivian culture is in jeopardy from pillage. The pillage is widespread, on-going, and destroying the archaeological record of Bolivia.

Ethnological materials from the Colonial and Republican periods were also found to be subject to pillage. These objects play an essential and irreplaceable role in indigenous Bolivian communities; they are vested with symbolic and historic meaning, and have an important place in ceremonial practices. These objects testify to the continuity of pre-Columbian cultural elements in modern life, and evince pride among members of a society that is largely indigenous.

The import restrictions are intended to mitigate the results of extensive looting to meet the demands of the U.S. and international trade in artifacts.

In addition to providing protection through import restrictions, the bilateral agreement also advances the agenda of the 1994 Summit of the Americas, where governments in the Western Hemisphere pledged to enhance appreciation of indigenous cultures and cultural artifacts through various collaborative means, including the implementation of cultural property protection agreements.

III. Categories of Artifacts Subject to Import Restriction

A. 1989 Emergency Action (expired on May 5, 1996)

Restricted materials date from before 1500 to about 1850 A.D. Categories include tunics, ponchos, mantles, head-coverings, and shawls woven from camelid fiber and sheep wool.

The object types protected by this action appear in the official Designated List published in the Federal Register notice of March 14, 1989.

B. 2001 Agreement

The Designated List describing object types covered by the import restrictions was published in the Federal Register on December 7, 2001.
The restricted archaeological materials range in date from approximately 10,000 B.C. to A.D. 1532, and include objects of ceramic, textile, featherwork, metals, stone, shell, bone, wood and basketry; as well as human remains.

The restricted ethnological materials range in date from A.D. 1533 to 1900 (Colonial and Republican Periods), and include objects of indigenous manufacture and ritual use related to the pre-Columbian past, and may include masks, wood, musical instruments, textiles, featherwork, ceramics; and objects used for rituals and religious ceremonies, including Colonial religious art, such as paintings and sculpture, reliquaries, altars, altar objects, and liturgical vestments.

IV. Import Regulations

A. 1989 Emergency Action (expired on May 5, 1996)

Although this import restriction expired, unauthorized removal and transport of the Coroma textiles into the U.S. may be cause for invoking Section 308 (Articles of Stolen Cultural Property) of the Convention on the Cultural Property Implementation Act, or other applicable laws. Each of the textiles has been photographed and documented.

B. 2001 Agreement
Bolivian objects described in the Designated List may enter the U.S. only if they have an export permit issued by the Bolivian government, or verifiable documentation that they left Bolivia prior to the effective date of the restriction: December 7, 2001.

C. 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. only 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
Cultural Heritage Center
Bolivia
Viceministerio de Cultura
Palacio Chico
Calle Ayacucho esquina Potosí
La Paz, Bolivia
Tel: +591 2 22 00 910 or +591 2 22 00 949
Fax: +591 2 22 00 948


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Revised: June 16, 2008
SELECT FROM THE FOLLOWING: 

Bolivia Image Collection

2006 Federal Register Notice on Extension of MOU

2006 Revised Article II (English) (Spanish)

2001 Agreement

2001 Designated List (Federal Register Notice)

1989 Federal Register Notice 

The Recovery of Aymara Textiles