[Federal Register Volume 67, Number 139 (Friday, July 19, 2002)]
[Rules and Regulations]
[Pages 47447-47450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-18342]



[[Page 47447]]

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DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 12

[T.D. 02-37]
RIN 1515--AC86


Import Restrictions Imposed on Pre-Classical and Classical 
Archaeological Material Originating in Cyprus

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 
originating in Cyprus and representing the pre-Classical and Classical 
periods of its cultural heritage, ranging in date from approximately 
the 8th millennium B.C. to approximately 330 A.D. These restrictions 
are being imposed pursuant to an agreement between the United States 
and the Republic of Cyprus 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 Cyprus 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: July 19, 2002.

FOR FURTHER INFORMATION CONTACT: (Legal Aspects) Joseph Howard, 
Intellectual Property Rights Branch (202) 572-8701; (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/culprop).
    Import restrictions are now being imposed on certain archaeological 
material of Cyprus representing the pre-Classical and Classical periods 
of its cultural heritage as the result of a bilateral agreement entered 
into between the United States and the Republic of Cyprus. This 
agreement was entered into on July 16, 2002, 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 Cyprus. 
This document amends the regulations by imposing import restrictions on 
certain archaeological material from Cyprus as described below.
    It is noted that emergency import restrictions on Byzantine 
Ecclesiastical and Ritual Ethnological Material from Cyprus were 
previously imposed and are still in effect. (See T.D. 99-35, published 
in the Federal Register (64 FR 17529) on April 12, 1999.) These 
emergency import restrictions are separate and independent from the 
restrictions published in this document.

Material Encompassed in Import Restrictions

    In reaching the decision to recommend protection for the cultural 
patrimony of Cyprus, the Associate Director for Educational and 
Cultural Affairs of the former United States Information Agency 
determined that, pursuant to the requirements of the Act, the cultural 
patrimony of Cyprus is in jeopardy from the pillage of archaeological 
materials which represent its pre-Classical and Classical heritage. 
Dating from approximately the 8th millennium B.C. to approximately 330 
A.D., categories of restricted artifacts include ceramic vessels, 
sculpture, and inscriptions; stone vessels, sculpture, architectural 
elements, seals, amulets, inscriptions, stelae, and mosaics; metal 
vessels, stands sculpture, and personal objects. These materials are of 
cultural significance because Cypriot culture is among the oldest in 
the Mediterranean. While Cypriot culture derives from interactions with 
neighboring societies, it is uniquely Cypriotic in character and 
represents the history and development of the island about which 
important information continues to be found through in situ 
archaeological research.
    The restrictions imposed in this document apply to objects from 
throughout the island of Cyprus.

Designated List

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

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Archaeological Material From Cyprus Representing Pre-Classical and 
Classical Periods Ranging in Date From Approximately the 8th Millennium 
B.C. to Approximately 330 A.D.

I. Ceramic

A. Vessels
    1. Neolithic and Chalcolithic (c. 7500-2300 B.C.)--Bowls and jars, 
including spouted vessels. Varieties include Combed ware, Black 
Lustrous ware, Red Lustrous ware, and Red-on-White painted ware. 
Approximately 10-24 cm in height.
    2. Early Bronze Age (c. 2300-1850 B.C.)--Forms are hand-made and 
include bowls, jugs, juglets, jars, and specialized forms, such as 
askoi, pyxides, gourd-shape, multiple-body vessels, and vessels with 
figurines attached. Cut-away spouts, multiple spouts, basket handles, 
and round bases commonly occur. Incised, punctured, molded, and applied 
ornament, as well as polishing and slip, are included in the range of 
decorative techniques. Approximately 13-60 cm in height.
    3. Middle Bronze Age (c. 1850-1550 B.C.)--Forms are hand-made and 
include bowls, jugs, juglets, jars, zoomorphic askoi, bottles, 
amphorae, and amphoriskoi. Some have multiple spouts and basket or 
ribbon handles. Decorative techniques include red and brown paint, 
incised or applied decoration, and polishing. Varieties include Red 
Polished ware, White Painted ware, Black Slip ware, Red Slip ware, and 
Red-on-Black ware. Approximately 4-25 cm in height.
    4. Late Bronze Age (c. 1550-1050 B.C.)--Forms include bowls, jars, 
jugs and juglets, tankards, rhyta, bottles, kraters, alabastra, stemmed 
cups, cups, stirrup jars, amphorae, and amphoriskoi. A wide variety of 
spouts, handles, and bases are common. Zoomorphic vessels also occur. 
Decorative techniques include painted design in red or brown, 
polishing, and punctured or incised decoration. Varieties include White 
Slip, Base Ring ware, White Shaved ware, Red Lustrous ware, Bichrome 
Wheel-made ware, and Proto-White Painted ware. Some examples of local 
or imported Mycenaean Late Helladic III have also been found. 
Approximately 5-50 cm in height.
    5. Cypro-Geometric I-III (c. 1050-750 B.C.)--Forms include bowls, 
jugs, juglets, jars, cups, skyphoi, amphorae, amphoriskos, and tripods. 
A variety of spouts, handles and base forms are used. Decorative 
techniques include paint in dark brown and red, ribbing, polish, and 
applied projections. Varieties include White Painted I-II wares, Black 
Slip I-II wares, Bichrome II-III wares, and Black-on-Red ware. 
Approximately 7-30 cm in height.
    6. Cypro-Archaic I-II (c. 750-475 B.C.)--Forms include bowls, 
plates, jugs and juglets, cups, kraters, amphoriskoi, oinochoe, and 
amphorae. Many of the forms are painted with bands, lines, concentric 
circles, and other geometric and floral patterns. Animal designs occur 
in the Free Field style. Molded decoration in the form of female 
figurines may also be applied. Red and dark brown paint is used on 
Bichrome ware. Black paint on a red polished surface is common on 
Black-on-Red ware. Other varieties include Bichrome Red, Polychrome 
Red, and Plain White. Approximately 12-45 cm in height.
    7. Cypro-Classical I-II (c. 475-325 B.C.)--Forms include bowls, 
shallow dishes, jugs and juglets, oinochoai, and amphorae. The use of 
painted decoration in red and brown, as well as blue/green and black 
continues. Some vessels have molded female figurines applied. 
Decorative designs include floral and geometric patterns. Burnishing 
also occurs. Varieties include Polychrome Red, Black-on-Red, Polychrome 
Red, Stroke Burnished, and White Painted wares. Approximately 6-40 cm 
in height.
    8. Hellenistic (c. 325 B.C.-50 B.C.)--Forms include bowls, dishes, 
cups, unguentaria, jugs and juglets, pyxides, and amphorae. Most of the 
ceramic vessels of the period are undecorated. Those that are decorated 
use red, brown, or white paint in simple geometric patterns. Ribbing is 
also a common decorative technique. Some floral patterns are also used. 
Varieties include Glazed Painted ware and Glazed ware. Imports include 
Megarian bowls. Approximately 5-25 cm in height.
    9. Roman (c. 50 B.C.-330 A.D.)--Forms include bowls, dishes, cups, 
jugs and juglets, unguentaria, amphora, and cooking pots. Decorative 
techniques include incision, embossing, molded decoration, grooved 
decoration, and paint. Varieties include Terra Sigillata and Glazed and 
Green Glazed wares. Approximately 5-55 cm in height.
B. Sculpture
    1. Terracotta Figurines (small statuettes)
    (a) Neolithic to Late Bronze Age (c. 7500-1050 B.C.)--Figurines are 
small, hand-made, and schematic in form. Most represent female figures, 
often standing and sometimes seated and giving birth or cradling an 
infant. Features and attributes are marked with incisions or paint. 
Figurines occur in Red-on-White ware, Red Polished ware, Red-Drab 
Polished ware, and Base Ring ware. Approximately 10-25 cm in height.
    (b) Cypro-Geometric to Cypro-Archaic (c. 1050-475 B.C.)--Figurines 
show a greater diversity of form than earlier figurines. Female 
figurines are still common, but forms also include male horse-and-rider 
figurines; warrior figures; animals such as birds, bulls and pigs; 
tubular figurines; boat models; and human masks. In the Cypro-Archaic 
period, terra cotta models illustrate a variety of daily activities, 
including the process of making pottery and grinding grain. Other 
examples include musicians and men in chariots. Approximately 7-19 cm 
in height.
    (c) Cypro-Classical to Roman (c. 475 B.C.-330 A.D.)--Figurines 
mirror the classical tradition of Greece and Roman. Types include 
draped women, nude youths, and winged figures. Approximately 9-20 cm in 
height.
    2. Large Scale Terracotta Figurines--Dating to the Cypro-Archaic 
period (c. 750-475 B.C.), full figures about half life-size, are 
commonly found in sanctuaries. Illustrated examples include the head of 
a woman decorated with rosettes and a bearded male with spiral-
decorated helmet. Approximately 50-150 cm in height.
    3. Funerary Statuettes--Dating to the Cypro-Classical period (c. 
475-325 B.C.), these illustrate both male and female figures draped, 
often seated, as expressions of mourning. Approximately 25-50 cm in 
height.
C. Inscriptions
    Writing on clay is restricted to the Late Bronze Age (c. 1550-1050 
B.C.). These occur on clay tablets, weights, and clay balls. 
Approximately 2-7 cm in height.

II. Stone

A. Vessels
    Ground stone vessels occur from the Neolithic to the Hellenistic 
period (c. 7500-50 B.C.). Early vessels are from local hard stone. Most 
are bowl-shaped; some are trough-shaped with spouts and handles. 
Neolithic vessels often have incised or perforated decoration. Late 
Bronze Age vessels include amphoriskoi and kraters with handles. 
Sometimes these have incised decoration. Alabaster was also used for 
stone vessels in the Late Bronze Age and Hellenistic period. In the 
latter period, stone vessels are produced in the same shapes as ceramic 
vessels: amphorae, unguentaria, etc. Approximately 10-30 cm in height.
B. Sculpture
    1. Neolithic to Chalcolithic (c. 7500-2300 B.C.)--Forms include 
small scale

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human heads, fiddle-shaped human figures, steatopygous female figures, 
cruciform idols with incised decoration, and animal figures. Andesite 
and limestone are commonly used in these periods. Approximately 5-30 cm 
in height.
    2. Cypro-Classical (c. 475-325 B.C.)--Small scale to life-size 
human figures, whole and fragments, in limestone and marble, are 
similar to the Classical tradition in local styles. Examples include 
the limestone head of a youth in Neo-Cypriote style, votive female 
figures in Proto-Cypriot style, a kouros in Archaic Greek style, 
statues and statuettes representing Classical gods such as Zeus and 
Aphrodite, as well as portrait heads of the Greek and Roman periods. 
Approximately 10-200 cm in height.
C. Architectural Elements
    Sculpted stone building elements occur from the 5th century B.C. 
through the 3rd century A.D. These include columns and column capitals, 
relief decoration, chancel panels, window frames, revetments, offering 
tables, coats of arms, and gargoyles.
D. Seals
    Dating from the Neolithic (7500 B.C.) through 3rd century A.D., 
conical seals, scarabs, cylinder seals, and bread stamps are incised 
with geometric decoration, pictoral scenes, and inscriptions. 
Approximately 2-12 cm in height.
E. Amulets and Pendants
    Dating to the Chalcolithic period, these pendants are made of 
picrolite and are oval or rectangular in form. Approximately 4-5 cm in 
length.
F. Inscriptions
    Inscribed stone materials date from the 6th century B.C. through 
the 3rd century A.D. During the Cypro-Classical period, funerary 
stelae, and votive plaques were inscribed. From the 1st to the 3rd 
century A.D. funerary plaques, mosaic floors, and building plaques were 
inscribed.
G. Funerary Stelae (uninscribed)
    Funerary stelae date from the 6th century B.C. to the end of the 
Hellenistic period (c. 50 B.C.). Marble and other stone sculptural 
monuments have relief decoration of animals or human figures seated or 
standing. Stone coffins also have relief decoration. Approximately 50-
155 cm in height.
H. Floor Mosaics
    Floor mosaics date as early as the 4th century B.C. in domestic and 
public contexts and continue to be produced through the 3rd century 
A.D. Examples include the mosaics at Nea Paphos, Kourion, and Kouklia.

III. Metal

A. Copper/Bronze
    1. Vessels--Dating from the Bronze Age (c. 2300 B.C.) through the 
3rd century A.D., bronze vessel forms include bowls, cups, amphorae, 
jugs, juglets, pyxides, dippers, lamp stands, dishes, and plates. 
Approximately 4-30 cm in height.
    2. Bronze Stands--Dating from the Late Bronze Age (c. 1550 B.C.) 
through the end of the Classical period (c. 325 B.C.), are bronze 
stands with animal decoration.
    3. Sculpture--Dating from the Late Bronze Age (c. 1550) to the end 
of the Hellenistic period (c. 50 B.C.), small figural sculpture 
includes human forms with attached attributes such as spears or 
goblets, animal figures, animal- and vessel-shaped weights, and 
Classical representations of gods and mythological figures. 
Approximately 5-25 cm in height.
    4. Personal Objects--Dating from the Early Bronze Age (c. 2300 
B.C.) to the end of the Roman period (330 A.D.), forms include toggle 
pins, straight pins, fibulae, and mirrors.
B. Silver
    1. Vessels--Dating from the Bronze Age (c. 2300 B.C.) through the 
end of the Roman period (330 A.D.), forms include bowls, dishes, coffee 
services, and ceremonial objects such as incense burners. These are 
often decorated with molded or incised geometric motifs or figural 
scenes.
    2. Jewelry--Dating from the Cypro-Geometric period (c. 1050 B.C.) 
through the end of the Roman period (330 A.D.), forms include fibulae, 
rings, bracelets, and spoons.
C. Gold Jewelry
    Gold jewelry has been found on Cyprus from the Early Bronze Age (c. 
2300 B.C.) through the end of the Roman period (330 A.D.). Items 
include hair ornaments, bands, frontlets, pectorals, earrings, 
necklaces, rings, pendants, plaques, beads, and bracelets.

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 Cyprus is being made in response to a bilateral agreement 
entered into in furtherance of the foreign affairs interests of the 
United States, pursuant to 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 Cyprus in appropriate alphabetical order 
as follows:

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             State                  Cultural property        T.D. No.
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*                  *                  *                  *
                  *                  *                  *
Cyprus.........................  Archaeological Material      T.D. 02-37
                                  of pre-Classical and
                                  Classical periods
                                  ranging approximately
                                  from the 8th
                                  millennium B.C. to 330
                                  A.D..
 
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                  *                  *                  *
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    Dated: July 16, 2002.
Robert C. Bonner,
Commissioner of Customs.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 02-18342 Filed 7-17-02; 10:29 am]
BILLING CODE 4820-02-P