[Federal Register Volume 72, Number 134 (Friday, July 13, 2007)]
[Rules and Regulations]
[Pages 38470-38474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-3425]


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DEPARTMENT OF HOMELAND SECURITY

Bureau of Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Part 12

[CBP Dec. 07-52]
RIN 1505-AB80


Extension of Import Restrictions Imposed on Pre-Classical and 
Classical Archaeological Objects and Byzantine Period Ecclesiastical 
and Ritual Ethnological Material From Cyprus

AGENCIES: U.S. Customs and Border Protection, Department of Homeland 
Security; Department of the Treasury.

ACTION: Final rule.

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SUMMARY: This document amends U.S. Customs and Border Protection (CBP) 
regulations to reflect the extension of import restrictions on Pre-
Classical and Classical Archaeological Objects and Byzantine 
Ecclesiastical and Ritual Ethnological Material from Cyprus which were 
imposed by Treasury Decision (T.D.) 02-37 and CBP Dec. 06-22. The 
Assistant Secretary for Educational and Cultural Affairs, United States 
Department of State, has determined that conditions continue to warrant 
the imposition of import restrictions. Accordingly, the restrictions 
will remain in effect for an additional 5 years, and the CBP 
regulations are being amended to indicate this extension. These 
restrictions are being extended pursuant to determinations of the 
United States Department of State made 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. 
This document also contains the Designated List of Archaeological 
Objects and Ethnological Material that describes the articles to which 
the restrictions apply. Note that one subcategory, Coins of Cypriot 
Types, has been added to the category entitled Metal.

EFFECTIVE DATE: July 16, 2007.

FOR FURTHER INFORMATION CONTACT: For legal aspects, George F. McCray, 
Esq., Chief, Intellectual Property Rights and Restricted Merchandise 
Branch, (202) 572-8710. For operational aspects, Michael Craig, Chief, 
Other Government Agencies Branch, (202) 344-1684.

SUPPLEMENTARY INFORMATION: 

Background

    Pursuant to the provisions of the 1970 United Nations Educational, 
Scientific and Cultural Organization (UNESCO) Convention, 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 United States entered 
into a bilateral agreement with the Republic of Cyprus on July 16, 
2002, concerning the imposition of import restrictions on certain 
archaeological material of Cyprus representing the Pre-Classical and 
Classical periods of its cultural heritage. On July 19, 2002, the 
former United States Customs Service published Treasury Decision (T.D.) 
02-37 in the Federal Register (67 FR

[[Page 38471]]

47447), which amended 19 CFR 12.104g(a) to reflect the imposition of 
these restrictions, and included a list designating the types of 
archaeological materials covered by the restrictions.
    Import restrictions listed in 19 CFR 12.104g(a) are ``effective for 
no more than five years beginning on the date on which the agreement 
enters into force with respect to the United States. This period can be 
extended for additional periods not to exceed five years if it is 
determined that the factors which justified the initial agreement still 
pertain and no cause for suspension of the agreement exists'' (19 CFR 
12.104g(a)). T.D. 02-37 is set to expire on July 16, 2007.
    We note that prior to the issuance of T.D. 02-37, the former United 
States Customs Service had issued T.D. 99-35 (64 FR 17529, April 12, 
1999) imposing ``emergency'' import restrictions on certain Byzantine 
Ecclesiastical and Ritual Ethnological Material from Cyprus. Under T.D. 
99-35, Sec. 12.104g(b) (19 CFR 12.104g(b)) of the regulations 
pertaining to emergency import restrictions was amended accordingly. 
This emergency protection was extended in CBP Dec. 03-25 (68 FR 51903, 
August 29, 2003). The ethnological material protected by the emergency 
restrictions was not covered by the 2002 bilateral agreement and the 
2002 Treasury Decision.
    On August 17, 2006, the Republic of Cyprus and the United States 
amended the bilateral agreement of July 16, 2002, to include the list 
of Byzantine Ecclesiastical and Ritual Ethnological Material from 
Cyprus that was protected pursuant to the emergency action. The 
amendment of the bilateral agreement to include this material was 
reflected in CBP Dec. 06-22, which was published in the Federal 
Register (71 FR 51724) on August 31, 2006. CBP Dec. 06-22 set forth the 
list of Byzantine Ecclesiastical and Ritual Ethnological Material from 
Cyprus that was previously protected pursuant to emergency action and 
announced that import restrictions were now imposed on this cultural 
property pursuant to the amended bilateral agreement. The amended 
bilateral agreement is set to expire on July 16, 2007, unless extended 
by the Parties.
    After reviewing the findings and recommendations of the Cultural 
Property Advisory Committee, the Assistant Secretary for Educational 
and Cultural Affairs, United States Department of State, concluding 
that the cultural heritage of Cyprus continues to be in jeopardy from 
pillage of certain archaeological objects and ethnological materials, 
made the necessary determination to extend the import restrictions on 
all the cultural property encompassed by the amended bilateral 
agreement for an additional five years on May 30, 2007. In addition to 
all the previously protected cultural material, import restrictions are 
also being imposed on a new subcategory of objects (Coins). 
Accordingly, CBP is amending 19 CFR 12.104g(a) to reflect the extension 
of the import restrictions on the currently protected cultural property 
as well as the new subcategory.
    The Designated List of articles that are protected pursuant to the 
bilateral agreement, as extended, on Pre-Classical and Classical 
Archaeological Objects and Byzantine Period Ecclesiastical and Ritual 
Ethnological Material from Cyprus has been revised and is published 
below. We note that the subcategory Coins of Cypriot Types has been 
added to the category entitled Metal, pursuant to 19 U.S.C. 2604. This 
addition comes in response to a request from the Government of the 
Republic of Cyprus to amend the Designated List. Coins constitute an 
inseparable part of the archaeological record of the island, and, like 
other archaeological objects, they are vulnerable to pillage and 
illicit export.

List of Archaeological Objects 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,

[[Page 38472]]

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 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-Cypriot 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.

[[Page 38473]]

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.
D. Coins of Cypriot Types
    Coins of Cypriot types made of gold, silver, and bronze including 
but not limited to:
    1. Issues of the ancient kingdoms of Amathus, Kition, Kourion, 
Idalion, Lapethos, Marion, Paphos, Soli, and Salamis dating from the 
end of the 6th century B.C. to 332 B.C.
    2. Issues of the Hellenistic period, such as those of Paphos, 
Salamis, and Kition from 332 B.C. to c. 30 B.C.
    3. Provincial and local issues of the Roman period from c. 30 B.C. 
to 235 A.D. Often these have a bust or head on one side and the image 
of a temple (the Temple of Aphrodite at Palaipaphos) or statue (statue 
of Zeus Salaminios) on the other.

List of 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.

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 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.
    More information on import restrictions can be obtained from the 
International Cultural Property Protection Web site (http://exchanges.state.gov/culprop). The restrictions on the importation of 
these archaeological and ethnological materials from Cyprus are to 
continue in effect for an additional 5 years. Importation of such 
materials continues to be restricted unless the conditions set forth in 
19 U.S.C. 2606 and 19 CFR 12.104c are met.

Inapplicability of Notice and Delayed Effective Date

    This amendment involves a foreign affairs function of the United 
States and is, therefore, being made without notice or public procedure 
(5 U.S.C. 553(a)(1)). For the same reason, 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

    Because this rule involves a foreign affairs function of the United 
States, it is not subject to Executive Order 12866.

Signing Authority

    This regulation is being issued in accordance with 19 CFR 
0.1(a)(1).

List of Subjects in 19 CFR Part 12

    Cultural property, Customs duties and inspection, Imports, 
Prohibited merchandise.

Amendment to CBP Regulations

0
For the reasons set forth above, part 12 of Title 19 of the Code of 
Federal Regulations (19 CFR part 12), is amended as set forth below:

[[Page 38474]]

PART 12--SPECIAL CLASSES OF MERCHANDISE

0
1. The general authority citation for part 12 and the specific 
authority citation for Sec.  12.104g continue to read as follows:

    Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 3(i), 
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]

0
2. In Sec.  12.104g(a), the table of the list of agreements imposing 
import restrictions on described articles of cultural property of State 
Parties is amended in the entry for Cyprus by removing the reference to 
``T.D. 02-37, as amended by CBP Dec. 06-22'' and adding in its place 
``CBP Dec. 07-52'' in the column headed ``Decision No.''.

Deborah J. Spero,
Acting Commissioner, Bureau of Customs and Border Protection.
    Approved: July 9, 2007.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 07-3425 Filed 7-12-07; 8:45 am]
BILLING CODE 9111-14-P