[Federal Register Volume 72, Number 181 (Wednesday, September 19, 2007)]
[Rules and Regulations]
[Pages 53414-53417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-4659]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

19 CFR Part 12

[CBP Dec. 07-77; USCBP-2007-0075]
RIN 1505-AB86


Extension of Import Restrictions Imposed on Archaeological 
Material from Mali

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 both continuing and new import restrictions on 
certain archaeological material from Mali. Import restrictions that 
were previously imposed by Treasury Decision (T.D.) 97-80 and extended 
by T.D. 02-55, that are due to expire on September 19, 2007, are 
extended. The Acting Assistant Secretary for Educational and Cultural 
Affairs, United States Department of State, has made the requisite 
determination for the extension of import restrictions that previously 
existed and for amending the agreement so that it applies also to 
material from archaeological sites

[[Page 53415]]

throughout Mali, including those of the Paleolithic Era (Stone Age), 
necessitating additional subcategories of stone objects in the 
Designated List. Accordingly, these import restrictions will remain in 
effect until September 19, 2012, and title 19 of the CBP regulations is 
being amended to reflect this amended bilateral agreement. These 
restrictions are being extended pursuant to determinations of the 
United States Department of State made under the terms of the 1970 
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 amended Designated List of 
Archaeological Material that describes the articles to which the 
restrictions apply, including the additional subcategories of stone 
objects.

EFFECTIVE DATE: September 19, 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) 863-6558.

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 Mali on September 19, 1997, concerning 
the imposition of import restrictions on certain archaeological 
material in Mali from the region of the Niger River Valley and the 
Bandiagara Escarpment (Cliff). On September 23, 1997, the former United 
States Customs Service published T.D. 97-80 in the Federal Register (62 
FR 49594), which amended 19 CFR 12.104g(a) to reflect the imposition of 
these restrictions, and included a list designating the types of 
archaeological material 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)).
    On September 20, 2002, the former United States Customs Service 
published T.D. 02-55 in the Federal Register (67 FR 59159), which 
amended 19 CFR 12.104g(a) to reflect the extension of these import 
restrictions for an additional period of five years until September 19, 
2007.

Amended Bilateral Agreement

    Consistent with a request from the Government of the Republic of 
Mali and with the findings and recommendations of the Cultural Property 
Advisory Committee, the Acting Assistant Secretary for Educational and 
Cultural Affairs, United States Department of State, made the requisite 
Determinations on July 3, 2007, that the cultural heritage of Mali 
continues to be in jeopardy from pillage that is occurring at 
archaeological sites throughout the country, and that, therefore, the 
import restrictions on archaeological material from sites in the region 
of the Niger River Valley and the Bandiagara Escarpment (Cliff), Mali, 
which were previously imposed by Treasury Decision (T.D.) 97-80 and 
extended by T.D. 02-55, are extended for an additional five year period 
until September 19, 2012, and include subcategories of stone objects 
from archaeological sites throughout Mali including those dating to the 
Paleolithic Era (Stone Age). Newly threatened archaeological sites 
include, but are not limited to those located in and near: The Tilemsi 
Valley; the Boucle du Baoule; the Bura Band; Tondidarou; Teghaza; Gao; 
Menaka; Karkarichinkat; Iforas Massif (Adrar des Iforas); Es-Souk; and 
Kidal. These sites represent a continuum of civilizations from the 
Paleolithic Era (Stone Age) to the colonial occupation of the 18th 
century, and lend an archaeological significance to the region. 
Accordingly, the title of the bilateral agreement was amended to read: 
``Agreement between the Government of the United States of America and 
the Government of the Republic of Mali Concerning the Imposition of 
Import Restrictions on Archaeological Material from Mali from the 
Paleolithic Era (Stone Age) to approximately the Mid-Eighteenth 
Century.''
    By exchange of diplomatic notes the Agreement will be extended and 
amended. 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 subcategories, and sites in the 
amended bilateral agreement.

Amended Designated List

    The Designated List of articles that are protected pursuant to the 
bilateral agreement, as amended, on Archaeological Material from Mali 
from the Paleolithic Era (Stone Age) to approximately the Mid-
Eighteenth Century has been revised and is published below. We note 
that subcategories of objects from archaeological sites of the 
Paleolithic Era (Stone Age) have been added, pursuant to 19 U.S.C. 
2606.
    It is noted that the material identified in T.D. 97-80 as 
``Archaeological Material from the Region of the Niger River Valley, 
Mali and the Bandiagara Escarpment (Cliff), Mali'' is now referred to 
in the Determination to Extend as ``Archaeological Material From Mali 
from the Paleolithic Era (Stone Age) to approximately the Mid-
Eighteenth Century.''
List of Archaeological Material From Mali From the Paleolithic Era 
(Stone Age) To Approximately the Mid-Eighteenth Century
I. Ceramics/Terra Cotta/Fired Clay

    Types of ceramic forms (stylistically known as Djenne-jeno or 
Jenne, Bankoni, Guimbala, Banamba, Bougouni, Bura and other stylistic 
labels) that are known to come from the region include, but are not 
limited to:
    A. Figures/Statues.
    1. Anthropomorphic figures, often incised, impressed and with added 
motifs, such as scarification marks and serpentine patterns on their 
bodies, often depicting horsemen or individuals sitting, squatting, 
kneeling, embracing, or in a position of repose, arms elongated the 
length of the body or crossed over the chest, with the head tipped 
backwards. (H: 6-50 cm.)
    2. Zoomorphic figures, often depicting a snake motif on statuettes 
or on the belly of globular vases. Sometimes the serpent is coiled in 
an independent form. A horse motif is common, but is usually mounted. 
Includes quadrupeds. (H: 6-40 cm.)
    B. Common Vessels.
    1. Funerary jars, ocher in color, often stamped with chevrons. (H: 
50 to 80 cm.)
    2. Globular vases often stamped with chevrons and serpentine forms. 
(H: under 10 cm.)
    3. Bottles with a long neck and a belly that is either globular or 
streamlined. Some have lids shaped like a bird's head.

[[Page 53416]]

    4. Ritual pottery of the Tellem culture, decorated with a 
characteristic plaited roulette.
    a. Pot made on a convex mold built up by coiling.
    b. Hemispherical pot made on three or four legs or feet resting on 
a stand. (H: 18 cm.)
    5. Kitchen pottery of the Tellem culture with the paddle-and-anvil 
technique decorated with impressions from woven mats. (H: 20 cm.)

II. Leather

    Objects of leather found in Tellem funerary caves of the Bandiagara 
Escarpment include, but are not limited to:
    A. Clothing.
    1. Sandals often decorated and furnished with a leather ankle 
protection.
    2. Boots profusely painted with geometric designs.
    3. Plaited bracelets.
    4. Knife-sheaths.
    5. Loinskin.
    6. Bag.

III. Metal

    Objects of metal from Mali include, but are not limited to:
    A. Copper and Copper Alloy (Such as Bronze).
    1. Figures/Statues.
    a. Anthropomorphic figures, including equestrian figures and 
kneeling figures. (Some are miniatures no taller than 2 inches; others 
range from 6 to 30 inches.)
    b. Zoomorphic figures, such as the bull and the snake.
    2. Bells (4-5 in.) and finger bells (2-3 in.).
    3. Pendants, known to depict a bull's head or a snake. (H: 2-4 in.)
    4. Bracelets, known to depict a snake (5-6 in.).
    5. Bracelets, known to be shaped as a head and antelope (3-4 in.).
    6. Finger rings.
    B. Iron.
    1. Figures/Statues.
    a. Anthropomorphic figures. (H: 5-30 in.)
    b. Zoomorphic figures, sometimes representing a serpent. (H: 5-30 
in.)
    2. Headrests of the Tellem culture.
    3. Ring-bells or fingerbells of the Tellem culture.
    4. Bracelets and armlets of the Tellem culture.
    5. Hairpins, twisted and voluted, of the Tellem culture.

IV. Stone

    Objects of stone from Mali include, but are not limited to:
    A. Carnelian beads (faceted).
    B. Quartz lip plugs.
    C. Funerary stelae (headstones) inscribed in Arabic.
    D. Chipped lithics from the Paleolithic and later eras including 
axes, knives, scrapers, arrowheads, and cores.
    E. Ground Stone from the Neolithic and later eras including axes, 
adzes, pestles, grinders, bracelets.

V. Glass Beads

    A variety of glass beads have been recovered at archaeological 
sites in Mali.

VI. Textiles

    Textile objects, or fragments thereof, have been recovered in the 
Tellem funerary caves of the Bandiagara Escarpment and include, but are 
not limited to:
    A. Cotton.
    1. Tunics.
    2. Coifs.
    3. Blankets.
    B. Vegetable Fiber.
    Skirts, aprons and belts--made of twisted and intricately plaited 
vegetable fiber.
    C. Wool.
    Blankets.

VII. Wood

    Objects of wood may be found archaeologically (in funerary caves of 
the Tellem or Dogon peoples in the Bandiagara Escarpment, for example). 
Following are representative examples of wood objects usually found 
archaeologically:
    A. Figures/Statues.
    1. Anthropomorphic figures--usually with abstract body and arms 
raised standing on a platform, sometimes kneeling. (H: 10-24 in.)
    2. Zoomorphic figures--depicting horses and other animals. (H: 10-
24 in.)
    B. Headrests.
    C. Household Utensils.
    1. Bowls.
    2. Spoons--carved and decorated.
    D. Agricultural/Hunting Implements.
    1. Hoes and axes--with either a socketed or tanged shafting without 
iron blades.
    2. Bows--with a notch and a hole at one end and a hole at the other 
with twisted, untanned leather straps for the ``string''.
    3. Arrows, quivers.
    4. Knife sheaths.
    E. Musical Instruments.
    1. Flutes with end blown, bi-toned.
    2. Harps.
    3. Drums.
    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 materials from Mali 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 under 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.

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:

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
2A. 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 Mali by removing the reference to 
``T.D. 97-80 extended by T.D. 02-55'' and adding in its place ``CBP 
Dec. 07-77'' in the column headed ``Decision No.''.

[[Page 53417]]

0
B. 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 Mali by removing the reference to 
``Archaeological material from the Niger River Valley Region, Mali, and 
the Bandiagara Escarpment (Cliff) forming part of the remains of the 
sub-Sahara culture.'' and adding in its place ``Archaeological Material 
from Mali from the Paleolithic Era (Stone Age) to approximately the 
Mid-Eighteenth Century'' in the column headed ``Cultural property''.

W. Ralph Basham,
Commissioner, U.S. Customs and Border Protection.
    Approved: September 14, 2007.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 07-4659 Filed 9-19-07; 8:45 am]
BILLING CODE 9111-14-P