[Federal Register Volume 66, Number 15 (Tuesday, January 23, 2001)]
[Rules and Regulations]
[Pages 7399-7402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-2127]



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  Federal Register / Vol. 66, No. 15 / Tuesday, January 23, 2001 / 
Rules and Regulations  

[[Page 7399]]



DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 12

[T.D. 01-06]
RIN 1515-AC66


Import Restrictions Imposed on Archaeological Material 
Originating in Italy and Representing the Pre-Classical, Classical, and 
Imperial Roman Periods

AGENCY: Customs Service, Treasury.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This document amends the Customs Regulations to reflect the 
imposition of import restrictions on certain archaeological material 
originating in Italy and representing the pre-Classical, Classical, and 
Imperial Roman periods of its cultural heritage, ranging in date from 
approximately the 9th century B.C. through approximately the 4th 
century A.D. These restrictions are being imposed pursuant to an 
agreement between the United States and Italy 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 Italy 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: January 23, 2001.

FOR FURTHER INFORMATION CONTACT: (Legal Aspects) Joseph Howard, 
Intellectual Property Rights Branch (202) 927-2336; (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 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 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 Italy representing the pre-Classical, Classical, and 
Imperial Roman periods of its cultural heritage as the result of a 
bilateral agreement entered into between the United States and Italy. 
This agreement was entered into on January 19, 2001, pursuant to the 
provisions of 19 U.S.C. 2602. 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 
Italy. This document amends the regulations by imposing import 
restrictions on certain archaeological material from Italy as described 
below.

Material Encompassed in Import Restrictions

    In reaching the decision to recommend protection for Italy's 
cultural patrimony, the Assistant Secretary of State for Educational 
and Cultural Affairs, U.S. Department of State, determined that, 
pursuant to the requirements of the Act, the cultural patrimony of 
Italy is in jeopardy from the pillage of archaeological materials which 
represent its pre-Classical, Classical and Imperial Roman heritage, and 
that such pillage is widespread, definitive, systematic, on-going, and 
frequently associated with criminal activity. Dating from approximately 
the 9th century B.C. to approximately the 4th century A.D., categories 
of restricted artifacts include stone sculpture, metal sculpture, metal 
vessels, metal ornaments, weapons/armor, inscribed/decorated sheet 
metal, ceramic sculpture and vessels, glass architectural elements and 
sculpture, and wall paintings. These materials are of cultural 
significance because they derive from cultures that developed 
autonomously in the region of present day Italy that attained a high 
degree of political, technological, economic, and artistic achievement. 
The pillage of these materials from their context has prevented the 
fullest possible understanding of Italian cultural history

[[Page 7400]]

by systematically destroying the archaeological record. Furthermore, 
the cultural patrimony represented by these materials is a source of 
identity and esteem for the modern Italian nation.

Designated List

    The bilateral agreement between Italy and the United States covers 
the categories of artifacts described in a Designated List of 
Archaeological Material from Italy, 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 Italy or documentation demonstrating that 
the articles left the country of origin prior to the effective date of 
the import restriction.

Archaeological Material From Italy Representing Pre-Classical, 
Classical, and Imperial Roman Periods Ranging in Date Approximately 
From the 9th Century B.C. to the 4th Century A.D.

I. Stone

A. Sculpture
    1. Architectural Elements--In marble, limestone, steatite, basalt, 
tufa and other types of stone. Types include abacus, acroterion, 
antefix, architrave, bacino, base, capital, caryatid, coffer, clipeus, 
column, crowning, fountain, frieze, pediment, drip molding, pilaster, 
mask, corbel, metope, mosaic and inlay, pluteus, pulvinar, puteal, 
jamb, tile, telamon, tympanum, trabeation, transenna, basin, wellhead. 
Approximate date: 7th century B.C. to 4th century A.D.
    2. Architectural and Non-architectural Relief Sculpture--In marble 
and other stone. Types include carved slabs with figural, vegetative, 
floral, or decorative motifs, sometimes inscribed, and carved relief 
vases. Used for architectural decoration, funerary, votive, or 
commemorative monuments. Approximate date: 2nd century B.C. to 4th 
century A.D.
    3. Monuments--In marble, limestone, and other types of stone. Types 
include altar and shrine, cippus, funerary stele, and milestones with 
figural reliefs or decorative moldings. Some have dedicatory 
inscriptions. Approximate date: 7th century B.C. to 4th century A.D.
    4. Sepulchers--In marble, peperino, alabaster, limestone, and tufa. 
Types of burial containers including urns, caskets, and sarcophagi. 
Some have figural scenes carved in relief or decorative moldings. 
Approximate date: 7th century B.C. to 4th century A.D.
    5. Large Statuary--Primarily in marble, including fragments of 
statues. Subject matter includes human and animal figures and groups of 
figures in the round. Common types are large-scale, free-standing 
statuary from approximately 1 m to 2.5 m in height and life-size busts 
(head and shoulders of an individual). Approximate date: 6th century 
B.C. to 4th century A.D.

II. Metal

A. Sculpture
    1. Large Statuary--Large-scale statues or fragments of statues in 
bronze or other metals, including animal figures, human and divine 
figures, and life-size metal busts or portrait heads. Approximate date: 
6th century B.C. to 4th century A.D.
    2. Small Statuary--Iron Age Sardinian (Nuragic) and Etruscan 
figurines in bronze and other metals. Approximate date: 8th to 3rd 
century B.C.
B. Vessels
    Open and closed vessels in bronze, gold, or silver, often with 
incised, embossed, and molded decoration in the shape of human or 
animal figures. Shapes include bowls, buckets, craters, pitchers, cups, 
and lamps, etc. Approximate date: 8th century B.C. to 4th century A.D.
C. Personal Ornaments
    Etruscan and Italic rings, necklaces, earrings, crowns, bracelets, 
buckles, belts, pins, chains of gold, silver, bronze, and iron 
Approximate date: 8th to 3rd century B.C.
D. Weapons and Armor
    Body armor, including helmets, cuirasses, shin guards, and shields, 
and horse armor often decorated with elaborate engraved, embossed, or 
perforated designs. Elaborate horse armor is also produced during the 
same period. Both launching weapons (spears and javelins) and weapons 
for hand to hand combat (swords, daggers, etc.). Approximate date: 8th 
century B.C. to 4th century A.D.
E. Inscribed or Decorated Sheet Metal
    Engraved inscriptions often found in funerary contexts and thin 
metal sheets with engraved or impressed designs often used as 
attachments to furniture. Approximate date: 7th century B.C. to 4th 
century A.D.

III. Ceramic

A. Sculpture
    1. Architectural Elements--Baked clay (terracotta) elements used to 
decorate buildings. These are most often found in Etruria, Latium, 
Sicily, and Magna Graecia. Elements include acroteria, antefixes, 
relief plaques, metopes, and revetments. Approximate date: 7th century 
to 1st century B.C.
    2. Monuments--Altars and urns decorated with relief scenes. 
Approximate date: 5th century B.C. to 4th century A.D.
    3. Large Statuary--Large-scale human and animal figures, life-size 
portrait heads, and life-size votive objects, including fragments of 
statues. These are often found in temples and sanctuaries in Magna 
Graecia, Etruria, and Latium. Approximate date: 7th century to 1st 
century B.C.
    4. Objects with Relief Decoration--Plaques, tables, and other 
terracotta objects (masks) with relief decoration. Approximate date: 
6th to 4th century B.C.
B. Vessels
    1. Local Vessels. a. Etruscan--Decorated ceramic vessels produced 
by Etruscan culture, including Villanovan; Orientalizing pottery with 
imitations of Near Eastern designs painted on local hand-made vessels; 
archaic Etruscan painted pottery with polychrome decoration; archaic 
Etruscan painted pottery with polychrome decoration; funerary and 
cinerary vessels; Italo-Geometric pottery where production from local 
Etruscan workshops imitated Greek Geometric; bucchero made with a 
characteristic soft black paste and polished surface whose highly 
decorative shapes often imitate metal vessels; local imitations of 
black and red figure Attic; Etruscan imitations of Corinthian pottery; 
pottery with black glaze and orange stripes that imitates Ionic 
pottery; amphora in the Pontic style with painted figural decoration 
made by a single workshop of immigrant Ionic potters in Vulci, Etruria; 
Caeretan hydria attributed to a workshop of Greek immigrants working 
near Caere, Etruria. Approximate date: 9th century to 3rd century B.C.
    b. South Italian and Italic--Decorated vessels locally produced, 
including hand-made Daunian pottery from northern Apulia; Italiote red 
figure pottery of Attic derivation produced in Apulian, Lucania, 
Campania, and Paestum; wheel-made pottery with elaborate applied relief 
and painted decoration made in Centuripe, Catania; pottery with plastic 
and polychrome decoration produced in Sicily and Magna Graecia; gilded 
pottery with a characteristic ochre yellow color imitating artifacts in 
bronze, mainly found in tombs in Apulia; Faliscan pottery in imitation 
of Attic red figure, often in oversize vessels; Gnathian pottery, named 
after Egnatia in Apulia

[[Page 7401]]

and decorated in white and yellow with touches of red over a black 
background; overpainted pottery with a shiny black glaze; pottery 
overpainted with white, yellow, or red designs in imitation of Attic 
red figure; Messapian pottery, locally produced in Apulia and decorated 
with monochrome (one color) or bichrome painting (two color). 
Approximate date: 8th to 3rd century B.C.
    2. Imported Vessels. a. Attic Black Figure, Red Figure and White 
Ground Pottery--These are made in a specific set of shapes (amphorae, 
craters, hydriae, oinochoi, kylikes) decorated with black painted 
figures on a clear clay ground (Black Figure), decorative elements in 
reserve with background fired black (Red Figure), and multi-colored 
figures painted on a white ground (White Ground). Attic pottery was 
widely exported, particularly to southern Italy, where it is commonly 
found in burials. Approximate date: 6th to 4th century B.C.
    b. Corinthian Pottery--Painted pottery made in Corinth in a 
specific range of shapes for perfume and unguents and for drinking or 
pouring liquids. The very characteristic painted and incised designs 
depict figural scenes, rows of animals, and floral decoration. 
Corinthian pottery was exported throughout the Mediterranean, but 
particularly to Etruria and southern Italy. Approximate date: 8th to 
6th century B.C.

IV. Glass

A. Architectural Elements--Mosaics and glass windows. Approximate date: 
4th century B.C. to 4th century A.D.
B. Sculpture
    1. Intarsia--Cut or carved glass decorative elements to inset in 
furniture. Approximate date: 2nd century B.C. to 4th century A.D.
    2. Small Statuary--Glass animal statuettes as amulets or 
knickknacks. Approximate date: 2nd century B.C. to 4th century A.D.

V. Painting

A. Wall Painting
    1. Domestic and Public Wall Painting--Beginning in about 200 B.C. 
wall painting in private and public buildings is characterized by 
imitation of stucco or marble design. Later developments include 
``architectural'' style, ``ornamental'' style, and ``fantastic'' style. 
Triumphal painting in temples and public buildings illustrate military 
campaigns and conquered lands. Approximate date: 3rd century B.C. to 
4th century A.D.
    2. Tomb Paintings--Early tomb paintings are primarily found in 
Etruria and Southern Italy. These paintings were directly influenced by 
Greek painters, but illustrate local style. Scenes often illustrate 
funerary celebrations, rites, symbols, and daily events. Roman funerary 
painting is also inspired by Greek painting, but also develops from 
domestic and public types of wall painting. Approximate date: 6th 
century B.C. to 4th century A.D.

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 Italy 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 22, 
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 list of agreements imposing 
import restrictions on described articles of cultural property of State 
Parties, is amended by adding Italy in appropriate alphabetical order 
as follows:

------------------------------------------------------------------------
       State            Cultural property              T.D. No.
------------------------------------------------------------------------
 
*                  *                  *                  *
                  *                  *                  *
Italy..............  Archaeological Material  T.D. 01-06
                      of pre-Classical,
                      Classical, and
                      Imperial Roman periods
                      ranging approximately
                      from the 9th century
                      B.C. to the 4th
                      century A.D..
 
*                  *                  *                  *
                  *                  *                  *
------------------------------------------------------------------------


[[Page 7402]]

* * * * *

Raymond W. Kelly,
Commissioner of Customs.
Timothy E. Skud,
Acting Deputy Assistant Secretary of the Treasury.
[FR Doc. 01-2127 Filed 1-19-01; 1:18 pm]
BILLING CODE 4820-02-P