[Federal Register Volume 62, Number 192 (Friday, October 3, 1997)]
[Rules and Regulations]
[Pages 51771-51774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26219]


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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.

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SUMMARY: This document amends the Customs Regulations to reflect the 
imposition of import restrictions on pre-Columbian culturally 
significant

[[Page 51772]]

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.

[[Page 51773]]

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....................  2000/1500 B.C.-600 B.C.               
                                    Preclassic..........................  600 B.C.-400 B.C.                     
                                    Late Preclassic.....................  400 B.C.-250 A.D.                     
Classic Stage.....................  Early Classic.......................  250 A.D.-550 A.D                      
                                    Late Classic........................  550 A.D.-900 A.D.                     
Postclassic Stage.................  Early Postclassic...................  900 A.D.-1250 A.D.                    
                                    Late Postclassic....................  1250 A.D.-1524 A.D.                   
----------------------------------------------------------------------------------------------------------------

Designated List Of Materials

    I. 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.

A. Common Vessels.
    1. Vases--(10-25 cm ht).
    2. Bowls--(8-15 cm ht).
    3. Dishes and plates--(27-62 cm diam).
    4. Jars--(12.5-50 cm ht).
B. Special Forms.
    1. Drums--polychrome painted and plain (35-75 cm ht).
    2. Figurines--human and animal form (6-15 cm ht).
    3. Whistles--human and animal form (5-10 cm ht).
    4. Rattles--human and animal form (5-7 cm ht).
    5. Miniature vessels--(5-10 cm ht).
    6. Stamps and seals--engraved geometric design, various sizes and 
shapes.
    7. Effigy vessels--in human or animal form (16-30 cm ht).
    8. Incense burners--elaborate painted, applied and modeled 
decoration in form of human figures (25-50 cm ht).

    II. Stone (jade, obsidian, flint, alabaster/calcite, limestone, 
slate, and other).

A. Figurines--human and animal (7-25 cm ht).
B. Masks--incised decoration and inlaid with shell, human and animal 
faces (20-25 cm length).
C. Jewelry--various shapes and sizes.
    1. Pendants.
    2. Earplugs.
    3. Necklaces.
D. 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.
E. Tools and Weapons.
    1. Arrowheads (3-7 cm length).
    2. Axes, adzes, celts (3-16 cm length).
    3. Blades (4-15 cm length).
    4. Chisels (20-30 cm length).
    5. Spearpoints (3-10 cm length).
    6. Eccentric shapes (10-15 cm length).
    7. Grindingstones (30-50 cm length).
F. Vessels and Containers.
    1. Bowls (10-25 cm ht).
    2. Plates/Dishes (15-40 cm diam).
    3. Vases (6-23 cm ht).

    III. 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.

A. Jewelry--various shapes and sizes.
    1. Necklaces.
    2. Bracelets.
    3. Disks.
    4. Earrings or earplugs.
    5. Pendants.
B. Figurines--(5-10 cm ht).
C. Masks--(15--25 cm length).

    IV. Shell--Decorated with cinnabar and incised lines, sometimes 
with jade applied.

A. Figurines--human and animal (2-5 cm ht).
B. Jewelry--various shapes and sizes.
    1. Necklaces.
    2. Bracelets.
    3. Disks.
    4. Earrings or earplugs.
    5. Pendants.
C. Natural Forms--often with incised designs, various shapes and sizes.

    V. Animal Bone--Carved or incised with geometric and animal designs 
and glyphs.

A. Tools--various sizes.
    1. Needles.
    2. Scrapers.
B. Jewelry--various shapes and sizes.
    1. Pendants.
    2. Beads.
    3. 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.

[[Page 51774]]

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          T.D. 97--81     
                                 Material From Sites                    
                                 In The Peten Lowlands                  
                                 Of Guatemala, And                      
                                 Related Pre-Columbian                  
                                 Material From The                      
                                 Highlands And The                      
                                 Southern Coast of                      
                                 Guatemala.                             
                                                                        
*                  *                  *                  *              
                  *                  *                  *               
------------------------------------------------------------------------

    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