Federal Register Notice,
September 23, 1997; 62(184):49594-49597 (Extended
2002)
Import Restrictions Imposed
on Archaeological Artifacts From Mali
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.
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 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.
-
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:
-
Figures/Statues.
-
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.)
-
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.)
-
Common Vessels.
-
Funerary jars, ocher in
color, often stamped with chevrons. (H: 50 to 80 cm.)
-
Globular vases often stamped
with chevrons and serpentine forms. (H: under 10 in.)
-
Bottles with a long neck
and a belly that is either globular or streamlined. Some have lids shaped
like a bird's head.
-
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.)
-
Kitchen pottery of the
Tellem culture with the paddle-and-anvil technique decorated with impressions
from woven mats. (H: 20 cm.)
-
Leather
Objects of leather
found in Tellem funerary caves of the Bandiagara Escarpment include, but
are not limited to:
-
Clothing.
-
Sandals often decorated
and furnished with a leather ankle protection.
-
Boots profusely painted
with geometric designs.
-
Plaited bracelets.
-
Knife-sheaths.
-
Loinskin.
-
Bag.
-
Metal
Objects of metal from
the region of the Niger River Valley and the Bandiagara Escarpment include
the following components:
-
Copper and Copper Alloy
(Such as Bronze).
-
Figures/Statues.
a. Anthropomorphic
figures, 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.
-
Bells (4-5 in.) and finger
bells (2-3 in.).
-
Pendants, known to depict
a bull's head or a snake. (H: 2-4 in.)
-
Bracelets, known to depict
a snake (5-6 in.).
-
Bracelets, known to be
shaped as a head and antelope (3-4 in.).
-
Iron.
-
Figures/Statues.
a. Anthropomorphic
figures. (H: 5-30 in.)
b. Zoomorphic figures,
sometimes representing a serpent. (H: 5-30 in.)
-
Headrests of the Tellem
culture.
-
Ring-bells or fingerbells
of the Tellem culture.
-
Bracelets and armlets
of the Tellem culture.
-
Hairpins, twisted and
voluted, of the Tellem culture.
-
Stone
Objects of stone usually
found in Tellem funerary caves of the Bandiagara Escarpment include, but
are not limited to:
-
Carnelian beads (faceted).
-
Quartz lip plugs.
-
Glass Beads
Glass beads have been
recovered in the Tellem funerary caves and in archaeological sites in the
region of the Niger River Valley.
-
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:
-
Cotton.
-
Tunics.
-
Coifs.
-
Blankets.
-
Vegetable Fiber.
Skirts, aprons and
belts--made of twisted and intricately plaited vegetable fiber.
-
Wool.
Wood
Objects of wood may
be found archaeologically (in funerary caves of the Tellem or Dogon peoples
in the Bandiagara Escarpment, for example).
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]
| State |
Cultural
property |
T.D.
No. |
*
* |
*
* |
*
* |
| Mali.......... |
Archaeological
material from the Niger River Valley Region, Mali, and the Bandiagara
Escarpment (Cliff) forming part of the remains of the sub-Sahara culture. |
T.D.
97--80 |
*
* |
*
* |
*
* |
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
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