Federal Register Notice:
March 10, 1995; 60(47):13352-13361
Pre-Hispanic Artifacts From
El Salvador
DEPARTMENT OF THE
TREASURY
Customs Service
19 CFR Part 12
[T.D. 95-20]
RIN 1515-AB70
Pre-Hispanic Artifacts
From El Salvador
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 certain pre-Hispanic artifacts from El Salvador. These restrictions
are being imposed pursuant to an agreement between the United States and
the Republic of El Salvador which 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 representing
pre-Hispanic cultures of El Salvador which describes the articles to which
the restrictions apply.
EFFECTIVE DATE:
March 10, 1995.
FOR FURTHER INFORMATION
CONTACT:
Legal Aspects: Donnette
Rimmer, Intellectual Property Rights Branch (202) 482-6960. Operational
Aspects:
Louis Alfano, Office of Trade Compliance (202) 927- 0005.
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 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. 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 a emergency basis on archaeological
and cultural artifacts of a number of signatory nations as a result of
requests for protection received from those nations.
Now, for the first
time, import restrictions are being imposed as the result of a bilateral
agreement entered into between the United States and a signatory nation.
This agreement has been entered into in March 1995, pursuant to the provisions
of 19 U.S.C. 2602. Accordingly, the Customs Regulations are being amended
to reflect the imposition of the restrictions. Section 12.104g(a) is being
amended to indicate that restrictions have been imposed pursuant to the
agreement between the United States and the Republic of El Salvador.
This document contains
the Designated List of Archaeological Material representing pre-Hispanic
cultures of El Salvador which are covered by the agreement. Importation
of articles on this list is restricted unless the articles are accompanied
by an appropriate export certification issued by the Government of the
Republic of El Salvador.
Because this agreement
includes categories of objects from the Cara Sucia Archaeological Region
of El Salvador which have been subject to emergency import restrictions,
and because those restrictions are about to expire, Customs is also amending
paragraph (b) of this section by removing the entry for El Salvador.
Designated
List of Archaeological Material Representing Pre-Hispanic Cultures of El
Salvador
Pursuant to an agreement
between the United States and the Republic of El Salvador, the following
contains descriptions of the cultural materials for which the United States
imposes import restrictions under the Convention on Cultural Property Implementation
Act (P.L. 97-446), the legislation enabling implementation of the 1970
UNESCO Convention on the Means of Prohibiting and Preventing the Illicit
Import, Export and Transfer of Ownership of Cultural Property. The Designated
List below subsumes those categories of objects from the Cara Sucia Archaeological
Region of El Salvador for which emergency import restrictions have been
in place since 1987. With publication of the Designated List below, protection
of the Cara Sucia material continues without interruption.
What follows immediately
is a list of terms for time periods and their subdivisions. Please note
that some terms are overlapping and are used to distinguish pivotal intervals
in regional prehistory (these terms are: Protoclassic, Terminal Classic,
and Protohistoric). Different references may vary slightly as to the beginning
and end dates for the periods listed here.
Preclassic Period:
1700 B.C.-200 A.D.
Early Preclassic:
1600 B.C.-800 B.C.
Middle Preclassic:
800 B.C.-400 B.C.
Late Preclassic: 400
B.C.-200 A.D.
Classic Period: 200-900
A.D.
Protoclassic: 200
B.C.-200 A.D.
Early Classic: 200-600
A.D.
Late Classic: 600-900
A.D.
Terminal Classic:
800-900 A.D.
Postclassic Period:
900-1520 A.D.
Early Postclassic:
900-1200 A.D.
Late Postclassic:
1200-1520 A.D.
Protohistoric: circa
1400-1550 A.D.
The following Designated
List is representational and may be amended as appropriate.
1. Figurines
1a. Preclassic Figurines.
Most are solid ceramic
figurines representing women with broad torsos and thighs, and small or
virtually flat breasts. These are portrayed in a sitting or standing position.
The eyes and mouth were typically represented by jabbing small holes into
the still wet clay (punctation), many times with two or three holes used
to depict each eye. Although the bodies are crafted without much detail,
elaborate coiffures are commonly shown.
Dating: Most
Preclassic figurines date to the Late Preclassic (corresponding to the
Chul and Caynac Ceramic Complexes of western El Salvador, and the Uapala
Phase of eastern El Salvador).
Appearance:
Often cream to white, but may also be red or brown (ranging from dark brown
to tan). Usually of very fine textured clay.
Size: Most
range between 4" (10 cm) to 8" (20 cm) in height. Examples smaller than
about 4" may be perforated for use as pendants. Rare figurines 16" (40
cm) or more in height have been reported.
Important Variants:
Some of the larger figurines are hollow rather than solid. Very rare examples
have movable arms, with sockets set into the shoulders and separate arm
pieces that were actuated by means of strings. Some figurines depict women
cradling infants. Whistle mechanisms are very rarely present. Painted designs
in black or other colors are very rare on these figurines.
Formal Names:
Bolinas figurines (Boggs 1973a); Kulil, Xiquin, and Tat Complex figurines
(Dahlins 1978); Quelepa Figurine Types 1 and 2 (Andrews 1976).
1b. Lepa Figurines
Most are solid ceramic
figurines representing standing humans, while others are animal effigies
that function as whistles, whistle flutes, or wheeled figurines incorporating
whistle flutes.
Human figurines:
These figurines have a generally flattened appearance and heads are usually
crowned by a broad and narrow headband (or hairdo) resembling a long bar.
Eyes are shown by a single punctuation (to represent the pupil) between
two ridges defining the eye itself. Feet are usually split in a "Y" shape
to help support the figurine. The figurines may be adorned with necklaces
shown by a series of clay pellets. Rarely is enough detail included to
determine which sex is intended (in such cases women are usually represented).
Pelleted Tubular
Whistle Flutes: Tubes with a whistle mechanism (blow-hole) at one end
and a rolling pellet within, that produces a continuously varying tone
when blown and tilted up and down. Simple bird or monkey heads may be added
to the instrument's body.
Wheeled Figurines:
Human or animal effigies with four tabular legs, each with a perforation
to accept wooden sticks as axles for the front and rear wheels (the wheels
themselves were ceramic discs rarely found together with these artifacts).
Decoration is mostly through applique using relatively thick strips and
pellets of clay.
Animal Effigy Whistle
flutes: Made from a small sphere of clay with very simple (schematic)
applique to represent humans, birds, turtles, armadillos, opossums, and
other animals. In addition to the whistle mechanism, these have one or
two finger holes in their bodies that vary their tone when covered. The
most elaborate examples may have punctate and ridge eyes like those found
in the Lepa human figurines. May be perforated for suspension.
Dating: Late
Classic Lepa Phase of central and eastern El Salvador, represented in Quelepa,
Tehuacan, and other sites.
Appearance:
Usually reddish brown to brick red, with a rough or only moderately smoothed
surface. Some have a polished white slip that, when well preserved, may
have elaborate designs painted in black, red, and/or yellow. Pelleted tubular
whistle flutes have been noted with fugitive (post-firing) white and/or
blue paint.
Size: Most
human figurines range in height between 5" (12 cm) to 10" (25 cm). Unusually
large examples are known to reach 15" (38 cm) in height, and these tend
to bear painted designs more often than the normal sized figurines. The
pelleted tubular whistle flutes known are 7" (18 cm) or slightly shorter
in length. The wheeled figurines known range from about 3.5" (9 cm) to
5" (13 cm) in length. The animal effigy whistle flutes measure about 2-3"
(5-8 cm) in maximum length.
Important Variants:
Larger figurines may be hollow rather than solid, and may either contain
pellets to act as a rattle, or may be equipped with holes for use as a
flute ("ocarina").
Formal Names:
The human figurines have been classed as Lower Lempa Culture figurines
(Haberland 1961) and as Quelepa Figurine Type 3 (Andrews 1976). The wheeled
figurines have been termed Oriental Type (Boggs 1973b). The animal effigy
whistle flutes have been referred to as Lepa Phase whistles (Andrews 1976;
see also Boggs 1974).
1c. Cotzumalhuapa Figurines
and Molds
Ceramic figurines,
usually hollow and typically mold made in part (especially heads). About
half the known examples represent women and most of the remainder depict
a variety of animals (men are rare). Some representations of plants and
furniture (litters) are known. Whistle mechanisms were optional for all
forms of Cotzumalhuapa figurines. Pelleted tubular whistle flutes and recently
identified Cotzumalhuapa wheeled figurines are also included here.
Molds: The
molds used to produce these figurines were press molds made of coarse textured
fired clay, usually brick red or reddish brown in color. The working faces
of these molds present a complicated depressed area that produces the impression,
while the opposite side of the mold is usually rounded and carelessly finished.
A sheet of wet clay was pressed into the mold and then carefully extracted
with the impression of, for examples, the front half of a female figurine
(the other half was added by hand modeling, as were optional details like
headgear should these be absent from the mold used).
Female Figurines:
The figurines representing women have been referred to as "bell-form" due
to the shape of their conical hollow bases. They usually portray elaborately
dressed women, adorned with necklaces, earplugs, and large headgear of
variable shape (but often resembling a half moon). The uniformity in portrayal
suggests that we are dealing with a personage, and it is not too speculative
to suggest that she was an important Cotzumalhuapa goddess. Rare figurines
exist where the female's body is covered by cacao pods, indicating a relationship
to agricultural production and, in these latter example, with the intensive
production of cacao that has been documented as an important Cotzumalhuapa
economic focus. Whistle mechanisms, when present, are usually worked into
one shoulder (the larger female figurines tend not to possess whistle mechanisms).
Male Figurines:
The very rare male figurines are known to include representations of warriors
(with clubs and shields) and injured or diseased individuals (one example
shows an individual with patches of flesh missing from the maxillary area
and nose).
Animal Figurines:
Among the animals present in Cotzumalhuapa figurines are: parrots, vultures,
owls, doves, monkeys, felines (probably jaguars are intended), bats, dogs,
deer, frogs or toads, turtles, iguanas, snakes, crocodiles, fish, clams,
crabs, and others. These reflect the rich fauna of the Cotzumalhuapa area,
which included mangrove lined estuaries, the adjoining coastal plains,
and nearby mountain ranges. Monkeys and parrots are, however, the most
common animals depicted. Most animal figurines have whistle mechanisms.
Because of the complicated forms required for animals, use of molds may
sometimes be limited to face areas, and some are entirely hand modeled.
Plant Figurines:
Representations of corn cobs and cacao pods have been found.
Pelleted Tubular
Whistle Flutes: Tubes with a whistle mechanism (blow-hole) at one end
and a rolling pellet within, that produces a continuously varying tone
when blown and tilted up and down. One example is apparently a bat effigy,
with a bat head and disk (representing the wings?) added to the tubular
body of the instrument.
Wheeled Figurines:
Cotzumalhuapa wheeled figurines have recently been identified. One has
a tubular body with four tabular supports, each with a perforation to accept
the wooden sticks that acted as axles for the front and rear wheels. A
mold-made dog head was added to one end of the tube, and a tail to the
other.
Other Figurines:
Two figurines have been documented representing the litters that were
probably used to transport Cotzumalhuapa elites. They resemble a small
rectangular box with a canopy, supported by four spiked feet. A pair of
holes at each extreme permitted two sticks to be inserted to act as the
carrying poles. On one example the canopy was modeled to represent the
stretched skin of a crocodile arranged with the head at one extreme and
the tail at the other, with a spiked crest running between the two. Other
Cotzumalhuapa modeled clay artifacts that may be included as figurines
include objects resembling scepters, bells, lidded boxes, and plaques with
human faces.
Dating: Late
Classic products of the Cotzumalhuapa culture which in El Salvador included
the western coastal plain to the upper drainage of the Paz River; trade
brought examples into Payu Ceramic Complex contexts elsewhere in western
and central El Salvador.
Appearance: Most
are brown (from tan through reddish brown) to red (brownish red to brick
red), with a coarsely finished to moderately smoothed surface. Rare examples
are of Tiquisate Ware (characterized by a very smooth, lustrous, and hard
surface, cream to orange in color), and may be ancient imports from the
Pacific coast of Guatemala. Traces of paint may be present (blue, black,
red, yellow, and white have been documented); the paint was usually applied
after firing and tends to be easily eroded. Those parts of figurines made
without the benefit of molds tend to be rather carelessly modeled.
Size: Female
figurines usually range in height from 4" (10cm) to 12" (30cm), but some
rare specimens reach 24" (60cm) and perhaps more in height. Animal and
plant figurines tend to be small, typically ranging from 3" (8cm) to 6"
(16cm) in their maximum dimension, though larger examples occur. The pelleted
tubular whistle flute mentioned measures 6" in length (16cm). A measurement
for a wheeled figurine is 5.5" (14cm) in length. The models of litters
are approximately 9" (23cm) in length.
Important Variants:
Cotzumalhuapa use of clay was very creative and the observer should expect
figurine forms not mentioned here.
1d. Payu Figurine Flutes
and Whistles
Most Payu ceramic
figurines known are musical instruments that have been classified as whistles,
whistle flutes, and flutes (commonly called "ocarinas"). Although their
decoration varies considerably, important hallmarks (when present) are
the decorative use of parallel strips of clay (sometimes with longitudinal
grooves), and applique of clay pellets with a distinctive dimple in their
center. Molds were sometimes employed to render the faces of humans and
monkeys. Human faces may include details commonly associated with Classic
Maya conventions, including cheek decorations (from tatoos or scarification),
extension of the bridge of the nose to above eye level, and/or a steeply
inclined forehead (representing cranial deformation).
Globular Flutes
("ocarinas"): Payu figurine globular flutes have a very distinctive
construction. Three spheres of clay were joined together in a column or
in an "L" shape (and pierced at the junctures). The uppermost sphere was
equipped with a blow-hole. Clay was then packed around this assembly and
decorative elements added. All the "L" shaped flutes known were decorated
to represent a standing quadruped animal whose open mouth forms the blow-hole.
The other (straight) flutes were almost always modeled to represent a human
(either full-body or just the head portion).
Tubular Whistle
Flutes: Basically a tubular form with a whistle mechanism (blow-hole)
in one end and three to five finger holes along the body of the tube. The
appliqued head and arms or a monkey or human are always present next to
the blow-hole.
Whistle Flutes:
A small, spherical body with a whistle mechanism and one or two finger
holes is hidden to a lesser or greater degree under effigy decoration.
This decoration tends to be notably more carefully executed and detailed
than Lepa or Cotzumalhuapa examples. Examples include effigies of: humans
(full-body or heads), monkeys, dogs, birds, and reptiles. Smaller whistle
flutes may be perforated for suspension.
Dating: An
artifact class belonging to the assemblage associated with the Payu Ceramic
Complex (Late Classic Period).
Appearance:
Most Payu figurines are of medium textured clay with a moderately smoothed
surface (and almost always unslipped). Color is usually reddish brown but
may range from tan to brick red. Traces of paint are rare and may include
blue-green, white, yellow, red, or black. Painted decoration, when present,
was usually added after firing and tends to easily wear away.
Size: Globular
flutes=3-8" (8-21 cm); tubular whistle flutes=6-8" (15-21 cm); whistle
flutes=2-8" (5-20 cm).
Formal Names:
None. Many examples are illustrated in Boggs 1974 (noted as Late Classic,
from western and part of central El Salvador).
1e. Guazapa Figurines
Early Postclassic
ceramic figurines whose style is derived from central Mexico and form part
of the Guazapa Phase of central and western El Salvador. The Guazapa Phase
has been interpreted as marking the large-scale migration of Nahua speakers
into this area, these being the ancestors of the historical Pipil.
Mazapan-Related
Figurines: Very flat figurines whose rendition of the human figure
has been compared to gingerbread cookies. These objects were made by pressing
a sheet of clay into a mold, obtaining a thin (0.75-1" or 2-3 cm) solid
figurine. The rear portion of the figurine is left unfinished and may exhibit
finger marks from when the clay was pressed into its mold. The front displays
a woman with a blouse with a triangular front, coming to a point in the
middle of the waist. This type of blouse was referred to as a quechquemitl
in central Mexico at the time of the Conquest, when its use was restricted
to images of goddesses and goddess impersonators. These figurines are so-named
for their close similarity to figurines of the Mazapan (Toltec) Phase of
central Mexico.
Toad Effigies:
Hand modeled large hollow toad effigies. They are usually shown as sitting
as erect as possible for a toad, looking upwards. The front and rear of
the toad's body is decorated with strips and buttons of clay meant to represent
festive ribbons and bows. The tongue may be shown hanging from the mouth.
In Postclassic Nahua mythology, toads were considered as Tlaloc's (the
rain god) helpers, and it was they who announced the coming of the rains
(the extended tongues are probably meant to represent their thirsty anticipation
of rain). Due to this association, some examples are known of toad effigies
that include two rings around the eyes (a diagnostic trait of Tlaloc himself).
Tlaloc Bottles:
Bottles with a more or less spherical body crowned by a straight tubular
neck with a flat, flaring rim. The body is decorated with the face of the
rain god Tlaloc whose most distinctive trait is a ring around each eye.
Many Tlaloc Bottles are in fact plugged in the neck or body and could not
have actually functioned as vessels. Tlaloc was considered to dwell in
the mountain peaks and pour out the rains from a bottle; these artifacts
were probably household votive images of that bottle.
Very Large Effigy
Figurines or Statues: Hand modeled hollow figurines representing jaguars
and gods or god impersonators. The larger examples reach life size and
may truly be considered as ceramic statuary (in any case, they have been
included under "Figurines" to facilitate discussion). Known examples of
gods or god impersonators represent the gods Tlaloc (identifiable by the
rings around his eyes), Mictlantecutli (represented as a skeletal personage)
and Xipe Totec (portrayed as wearing a flayed human skin). The largest
figures may be crafted in several mating parts (for example, a Xipe Totec
effigy was made in two large halves joining at the waist, with a separate
head). Seventeen jaguar effigies were found in one excavation at Cihuatan;
all of these portray a jaguar sitting on its haunches decorated with necklaces
and a few bulbous objects placed on different parts of the body.
Small Solid Figurines:
Hand modeled figurines of humans that are usually solid or mostly so, and
that occasionally employed molds to form the face. Most appear to represent
males who may carry war equipment (such as a dart thrower or atlatl) and
large headgear. These figurines tend to be relatively small and crudely
modeled.
Wheeled Figurines:
Small wheeled figurine, consisting in a tubular hollow body with four tabular
supports, each with a hole to accept wooden sticks acting as axles for
the front and rear wheels. The wheels are flat ceramic disks. A tail was
added to one end of the tubular body and a head to the other. Examples
are known with deer heads with antlers, and dog heads with tongue extended
over the lower lip.
Dating: Artifacts
of the Early Postclassic Guazapa Phase of central and western El Salvador
(at Cihuatan, Igualtepeque, El Cajete, Ulata, Santa Maria, Pueblo Viejo
Las Marias, and other sites).
Appearance:
Generally reddish brown to brick red, but may be as light as tan in color.
The surface may be smoothed but not polished and has a sandy texture. Many
give the impression of having been hastily made. Traces of white, black,
blue, yellow, and/or red fugitive paint have been found on some figurines.
Size: Height
of Mazapan-related figurines=6-10" (15-25 cm); height of toad effigies=6-9"
(15-23 cm); height of Tlaloc bottles=4-10" (10-25 cm); height of very large
effigy figurines or statues=24-55" (61-140 cm); height of small solid figurines=6-18"
(15-30 cm); length of wheeled figurines=5.5-8.5" (14-22 cm).
Formal Names:
Encompassed by the Guazapa Phase, the type site of which is Cihuatan (see
Boggs 1944, 1963, 1973b, 1976; Bruhns 1980; Fowler 1981, 1990).
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