[Federal Register Volume 65, Number 208 (Thursday, October 26, 2000)]
[Rules and Regulations]
[Pages 64140-64142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27593]


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DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 12

[T.D. 00-75]
RIN 1515-AC70


Import Restrictions Imposed On Archaeological Material From the 
Prehispanic Cultures of the Republic of Nicaragua

AGENCY: Customs Service, Treasury.

ACTION: Final rule.

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SUMMARY: This document amends the Customs Regulations to reflect the 
imposition of import restrictions on certain archaeological material 
ranging in date from approximately 8000 B.C. through approximately 1500 
A.D. and representing prehispanic cultures of the Republic of 
Nicaragua. These restrictions are being imposed pursuant to an 
agreement between the United States and Nicaragua 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 amends the Customs 
Regulations by adding Nicaragua to the list of countries for which an 
agreement has been entered into for imposing import restrictions. The 
document also contains the Designated List of Archaeological Material 
that describes the types of articles to which the restrictions apply.

EFFECTIVE DATE: October 26, 2000.

FOR FURTHER INFORMATION CONTACT: (Legal Aspects) Joanne Stump, 
Intellectual Property Rights Branch (202) 927-2330; (Operational 
Aspects) Al Morawski, 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 in 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 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. 
More information on import restrictions can be found on the 
International Cultural Property Protection web site (http://exchanges.state.gov/education/culprop).
    Import restrictions are now being imposed on certain archaeological 
material of Nicaragua representing the prehispanic period of its 
cultural heritage as the result of a bilateral agreement entered into 
between the United States and Nicaragua pursuant to 19 U.S.C. 2602. 
This agreement was signed on June 16, 1999, and, following completion 
by the Government of Nicaragua of all internal legal requirements, 
entered into force on October 20, 2000, with the exchange of diplomatic 
notes. 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 Nicaragua. This document amends 
the regulations by imposing import restrictions on certain 
archaeological material from Nicaragua as described below.

Material Encompassed in Import Restrictions

    In reaching the decision to recommend protection for Nicaragua's 
cultural patrimony, the Deputy Director of the former U.S. Information 
Agency (USIA) has determined that, pursuant to the requirements of the 
Act, the cultural patrimony of Nicaragua is in jeopardy from the 
pillage of archaeological materials which represent its

[[Page 64141]]

prehispanic heritage. (Pursuant to the Foreign Affairs Reform and 
Restoration Act of 1998 (112 Stat. 2681, et seq.), most of USIA was 
consolidated with the Department of State on October 1, 1999.) Ranging 
in date from approximately 8000 B.C. to approximately 1500 A.D., 
categories of restricted artifacts include, but are not limited to: 
figurines of stone, ceramic, shell, and metal; ceramic polychrome 
vessels, drums, and other small ceramic objects; stone vessels, stone 
statues, small stone artifacts, and stone metates (carved three-legged 
grinding stones); and jade and metal (gold) artifacts. These materials 
of cultural significance are irreplaceable. The pillage of these 
materials from their context has prevented the fullest possible 
understanding of the prehispanic cultural history of Nicaragua by 
systematic destruction of the archaeological record. Furthermore, the 
cultural patrimony represented by these materials is a source of 
identity and esteem for the modern Nicaraguan nation.

Designated List

    The bilateral agreement between Nicaragua and the United States 
covers the categories of artifacts described in a Designated List of 
Pre-Columbian (prehispanic) Archaeological Materials from Nicaragua, 
which is set forth below. Importation of articles on this list is 
restricted unless the articles are accompanied by an appropriate export 
certificate issued by the Government of the Republic of Nicaragua or 
documentation demonstrating that the articles left the country of 
origin prior to the effective date of the import restriction.

Pre-Columbian Archaeological Materials From Nicaragua Representing 
Prehispanic Cultures Ranging In Date Approximately From 8000 B.C. 
to 1500 A.D.

I. Ceramics

    The diverse regions of Nicaragua have produced a wide variety of 
ceramic types and subtypes. Representative types are listed below 
according to their earliest occurrence but may continue into the 
succeeding period.
A. Vessels
    1. Period III (c. 4000-1000 B.C.)--Types include Toya Incised, 
Palmar Incised, Rosales Zoned Engraved, Espinoza Red Striped, Rivas 
Negative, Usulutan-like styles, and Cukra Point Complex.
    2. Period IV (c. 1000 B.C.-500 A.D.)--Types include Bocana Incised, 
Matanga Polychrome, Red Jobo Excised, Chaguitillo Polychrome, Rodeo 
Sieve, Red Andes Incised, Jicaro Polychrome, Red Coyolito Engraved, 
Bonifacio Excised and Engraved, Guarumo Incised and Punctate, Red-on-
Biege Nispero, White-on-Brown Capulin, Black-on-Beige Yoboa Excised 
Polychrome, Jarkin Complex, Smalla Complex, and Siteia Complex.
    3. Period V (c. 500-1000 A.D.)--Types include Chavez White-on-Red, 
Velasco with Black Stripes, Potosi Applique, Leon Punctate, Tola 
Trichrome, Papagayo Polychrome, Mora Polychrome, Sacasa Striated, 
Pataky Polychrome, Ometepe Red-Slipped Incised, Delirio Red-on-White, 
Subasa Polychrome, Oregano Polychrome, Zamora Incised, Red-and-Black 
Drum, Arrayan Black Incised, Ulua Polychrome, Babilonia Polychrome, 
Cacauli Red-on-Orange, Tenampua Polychrome, Tapias Polychrome.
    4. Period VI (c. 1000-1550 A.D.)--Types include Vallejo Polychrome, 
Castillo Engraved, Luna Polychrome, Madeira Polychrome, Murrillo 
Applique, Patastule-on-Red Bands, Combo Sieve, Carlitos Polychrome, 
Red-and-White Oluma, Miragua, Red Coronado.
B. Seals and Beads
    Seals are small cylindrical objects with a hole lengthwise through 
the center, usually made of ceramic, used to roll an impressed pattern. 
Their usual size is about 5 cm long and about 2.5 cm in diameter. Also 
present are flat rectangular stamp seals. These are carved with 
geometric designs or stylized human figures. Ceramic beads also occur.
C. Spindle Whorls
    Disk and conical-shaped ceramic objects, 2-7 cm in diameter, used 
as spindle whorls. Most have incised geometric designs.

II. Stone

A. Statues (c. 800-1550 A.D.)
    These seated, standing, or columnar stone statues are 
characteristic of the islands in Lake Nicaragua and the Chontales and 
Rivas areas around the lakes. Made of well-finished basalt, they reach 
up to four meters in height. Some examples may date earlier than 800 
A.D. The most characteristic subject is a human figure and an 
associated animal. The animal is either lying on the back and shoulders 
of the human figure or an animal head resting on top of the human head. 
Other subjects include human figures sitting on a column or with arms 
bent across the chest.
B. Vessels
    Ceremonial vessels are made of stone in the typical ceramic styles. 
These are mainly known from the northern area of Nicaragua and they are 
similar in style to vessels originating in Honduras.
C. Grinding Stones
    Grinding stones (metates) are usually carved of basalt. Most often, 
they consist of a simple curved platform supported by three legs. They 
range in length from about 60 cm to 150 cm. The type most commonly 
collected is elaborately carved with geometric or anthropomorphic 
motifs on the legs and sides. Sometimes an effigy head, such as a bird 
or other animal, is added to one end. These are known to occur in the 
Pacific coastal area and the islands in Lake Nicaragua.
D. Petroglyphs (Incised or Carved Natural Rock Formations)
    Geometric designs or relief figures representing humans and animals 
carved directly into living rock. These are found throughout Nicaragua. 
Some of the best known come from the islands in Lake Nicaragua. These 
are frequently cut out of the natural rock formation and removed from 
their original context.
E. Mace Heads
    Small, highly polished, spherical, or oblong objects of various 
kinds of stone, with a hole through the center. Mace heads are 
frequently in the form of animal or human heads, or with geometrical 
designs carved into the surface. Their maximum dimension ranges from 
about two to six inches. They are best known from the Pacific coastal 
area.
F. Greenstone Objects
    A wide variety of highly polished ornamental small objects, usually 
pendants made of green-colored quartz, jadeite, serpentine, and similar 
materials. Human, animal, and other motifs are represented, although 
birds are most common. The objects range in size from about two to six 
inches, and they are usually drilled for suspension.
G. Jewelry
    Stone beads and other items for personal adornment.
H. Chipped Stone Tools
    Arrowheads and other tools or weapons.

III. Gold

    Pendants and other decorative ornaments with a wide variety of 
shapes and motifs, including animal and human figures. The gold is 
sometimes

[[Page 64142]]

mixed with copper giving the objects a slightly reddish appearance.

IV. Shell

    Natural shell pierced for stringing in necklaces.

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 cultural 
property of Nicaragua 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.

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 Bill Conrad, 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 citations 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. 12.104g  [Amended]

    2. In Sec. 12.104g, paragraph (a), the table is amended by adding 
Nicaragua in appropriate alphabetical order as follows:

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              State                Cultural property       T.D. No.
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*                  *                  *                  *
                  *                  *                  *
Nicaragua.......................  Archaeological      T.D. 00-75
                                   Material of pre-
                                   Columbian
                                   cultures ranging
                                   approximately
                                   from 8000 B.C. to
                                   1500 A.D.
 
*                  *                  *                  *
                  *                  *                  *
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* * * * *

Raymond W. Kelly,
Commissioner of Customs.
    Approved: September 8, 2000.
John P. Simpson,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 00-27593 Filed 10-25-00; 8:45 am]
BILLING CODE 4820-02-P