[Federal Register Volume 64, Number 69 (Monday, April 12, 1999)]
[Rules and Regulations]
[Pages 17529-17531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8992]


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DEPARTMENT OF THE TREASURY

Customs Service

19 CFR PART 12

[T.D. 99--35]
RIN 1515--AC46


Import Restrictions Imposed On Byzantine Ecclesiastical and 
Ritual Ethnological Material from Cyprus

AGENCY: U.S. Customs Service, Department of the Treasury.

ACTION: Final rule.

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SUMMARY: This document amends the Customs Regulations by imposing 
emergency import restrictions on certain ecclesiastical and ritual 
ethnological

[[Page 17530]]

material from Cyprus representing the Byzantine period, ranging in date 
from approximately the 4th century A.D. through approximately the 15th 
century A.D. These restrictions are being imposed pursuant to a 
determination of the United States Information Agency issued under the 
terms 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 contains the Designated List describing 
the Byzantine ecclesiastical and ritual ethnological material from 
Cyprus to which the restrictions apply.

EFFECTIVE DATE: April 12, 1999.

FOR FURTHER INFORMATION CONTACT: (Legal Aspects) Donnette Rimmer, 
Intellectual Property Rights Branch (202) 927-2273; (Operational 
Aspects) Joan E. Sebenaler, 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 to the nations 
from where they originate and to achieving greater international 
understanding of mankind's common heritage.
    During the past several years, import restrictions have been 
imposed on archaeological and ethnological artifacts of a number of 
signatory nations. These restrictions have been imposed either as a 
result of requests for emergency protection received from those nations 
or pursuant to bilateral agreements between the United States and other 
countries.
    This document amends the regulations by adding additional 
ethnological artifacts to the list of articles for which importation 
restrictions exist.

Cyprus

    Under Sec. 303(a)(3) of the Cultural Property Implementation Act 
(19 U.S.C. 2602(a)(3)), Cyprus, a State Party to the 1970 UNESCO 
Convention, asked the U.S. Government to impose import restrictions on 
certain categories of archeological and/or ethnological material the 
pillage of which, it was alleged, jeopardizes the national cultural 
patrimony of Cyprus. Notice of receipt of this request was published by 
the United States Information Agency (USIA) in the Federal Register (63 
FR 49154) on September 14, 1998.
    The request was forwarded to the Cultural Property Advisory 
Committee, which conducted a review and investigation and submitted its 
report in accordance with the provisions of 19 U.S.C. 2605(f) to the 
Deputy Director, USIA. Pursuant to the provisions of 19 U.S.C. 
2603(a)(3), the Committee found the situation in Cyprus to be an 
emergency, and recommended that emergency import restrictions be 
imposed on certain Byzantine ritual and ecclesiastical ethnological 
material from Cyprus. The Deputy Director, pursuant to the authority 
vested in him under Executive Order 12555 and USIA Delegation Order 86-
3, considered the Committee's recommendations and on March 4, 1999, the 
Acting Director made the determination that emergency import 
restrictions be applied.
    The Commissioner of Customs, in consultation with the Acting 
Director of the USIA, has developed a list of types of covered ritual 
and ecclesiastical ethnological material from Cyprus representing the 
Byzantine period. The materials on this list are subject to 
Sec. 12.104a(b), Customs Regulations (19 CFR 12.104a(b)). As provided 
in 19 U.S.C. 2601 et seq., and Sec. 12.104a(b), Customs Regulations, 
listed materials from this area may not be imported into the U.S. 
unless accompanied by documentation certifying that the material left 
Cyprus legally and not in violation of the laws of Cyprus.
    In the event an importer cannot produce the certificate, 
documentation, or other evidence required by Sec. 12.104c, Customs 
Regulations (19 CFR 12.104c) at the time of making entry, Sec. 12.104d, 
Customs Regulations (19 CFR 12.104d) provides that the port director 
shall take custody of the material until the certificate, 
documentation, or evidence is presented. Section 12.104e provides that 
if the importer states in writing that he will not attempt to secure 
the required certificate, documentation, or evidence, or the importer 
does not present the required certificate, documentation, or evidence 
to Customs within the time provided, the material shall be seized and 
summarily forfeited to the U.S. in accordance with the provisions of 
Part 162, Customs Regulations (19 CFR Part 162).

List of Ecclesiastical and Ritual Ethnological Material from Cyprus 
Representing the Byzantine Period

    Ecclesiastical and ritual ethnological material from Cyprus 
representing the Byzantine period dating from approximately the 4th 
century A.D. through the 15th century A.D., includes the categories 
listed below. The following list is representative only.

I. Metal

A. Bronze
    Ceremonial objects include crosses, censers (incense burners), 
rings, and buckles for ecclesiastical garments. The objects may be 
decorated with engraved or modeled designs or Greek inscriptions. 
Crosses, rings and buckles are often set with semi-precious stones.
B. Lead
    Lead objects date to the Byzantine period and include ampulla 
(small bottle-shaped forms) used in religious observance.
C. Silver and Gold
    Ceremonial vessels and objects used in ritual and as components of 
church treasure. Ceremonial objects include censers (incense burners), 
book covers, liturgical crosses, archbishop's crowns, buckles, and 
chests. These are often decorated with molded or incised geometric 
motifs or scenes from the Bible, and encrusted with semi-precious

[[Page 17531]]

or precious stones. The gems themselves may be engraved with religious 
figures or inscriptions. Church treasure may include all of the above, 
as well as rings, earrings, and necklaces (some decorated with 
ecclesiastical themes) and other implements (e.g., spoons).

II. Wood

    Artifacts made of wood are primarily those intended for ritual or 
ecclesiastical use during the Byzantine period. These include painted 
icons, painted wood screens (iconstasis), carved doors, crosses, 
painted wooded beams from churches or monasteries, thrones, chests and 
musical instruments. Religious figures (Christ, the Apostles, the 
Virgin, and others) predominate in the painted and carved figural 
decoration. Ecclesiastical furniture and architectural elements may 
also be decorated with geometric or floral designs.

III. Ivory and Bone

    Ecclesiastical and ritual objects of ivory and bone boxes, plaques, 
pendants, candelabra, stamp rings, crosses. Carved and engraved 
decoration includes religious figures, scenes from the Bible, and 
floral and geometric designs.

IV. Glass

    Ecclesiastical objects such as lamps and ritual vessels.

V. Textiles--Ritual Garments

    Ecclesiastical garments and other ritual textiles from the 
Byzantine period. Robes, vestments and altar clothes are often of a 
fine fabric and richly embroidered in silver and gold. Embroidered 
designs include religious motifs and floral and geometric designs.

VI. Stone

A. Wall Mosaics
    Dating to the Byzantine period, wall mosaics are found in 
ecclesiastical buildings. These generally portray images of Christ, 
Archangels, and the Apostles in scenes of Biblical events. Surrounding 
panels may contain animal, floral, or geometric designs.
B. Floor Mosaics
    Floor mosaics from ecclesiastical contexts. Examples include the 
mosaics at Nea Paphos, Kourion, Kouklia, Chrysopolitissa Basilica and 
Campanopetra Basilica. Floor mosaics may have animal, floral, geometric 
designs, or inscriptions.

VII. Frescoes/Wall Paintings

    Wall paintings from the Byzantine period religious structures 
(churches, monasteries, chapels, etc.) Like the mosaics, wall paintings 
generally portray images of Christ, Archangels, and the Apostles in 
scenes of Biblical events. Surrounding paintings may contain animal, 
floral, or geometric designs.

Inapplicability of Notice and Delayed Effective Date

    This amendment is being made without notice or public procedure, 
pursuant to 5 U.S.C. 553(b)(B), because the action being taken is of an 
emergency nature and such notice or public procedure would be 
impracticable and contrary to the public interest. For the same 
reasons, pursuant to 5 U.S.C. 553(d)(3), 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.

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(b) the list of emergency actions imposing import 
restrictions on described articles of cultural property of State 
Parties is amended by adding Cyprus in appropriate alphabetical order 
as follows:


Sec. 12.104g  Specific items or categories designated by agreements or 
emergency actions.

* * * * *
    (b) * * *

 
------------------------------------------------------------------------
          State party               Cultural property      T.D.  number
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*                  *                  *                  *
                  *                  *                  *
Cyprus.........................  Byzantine               99-35
                                  ecclesiastical and
                                  ritual ethnological
                                  materials from Cyprus.
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    Approved: March 30, 1999.
Raymond W. Kelly,
Commissioner of Customs.

Dennis M. O'Connell,
Acting Deputy Assistant Secretary of the Treasury.
[FR Doc. 99-8992 Filed 4-9-99; 8:45 am]
BILLING CODE 4820-02-P