[Federal Register Volume 81, Number 157 (Monday, August 15, 2016)]
[Rules and Regulations]
[Pages 53916-53921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19491]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Part 12

[CBP Dec. 16-10]
RIN 1515-AE14


Import Restrictions Imposed on Archaeological and Ethnological 
Material of Syria

AGENCY: 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 the U.S. Customs and Border Protection 
(CBP) regulations to reflect the imposition of import restrictions on 
archaeological and ethnological material of Syria pursuant to the 
Protect and Preserve International Cultural Property Act. This document 
also contains the Designated List of Archaeological and Ethnological 
Material of Syria that describes the types of objects or categories of 
archaeological or ethnological material that are subject to import 
restrictions, if unlawfully removed from Syria on or after March 15, 
2011.

DATES: Effective Date: August 15, 2016.

FOR FURTHER INFORMATION CONTACT: For legal aspects, Lisa L. Burley, 
Chief, Cargo Security, Carriers and Restricted Merchandise Branch, 
Regulations and Rulings, Office of Trade, (202) 325-0215. For 
operational aspects, William R. Scopa, Branch Chief, Partner Government 
Agency Branch, Trade Policy and Programs, Office of Trade, (202) 863-
6554, [email protected].

SUPPLEMENTARY INFORMATION:

Background

    United Nations Security Council Resolution 2199, adopted on 
February 12, 2015, condemns the destruction of cultural heritage in 
Syria, particularly by the terrorist organizations Islamic State in 
Iraq and the Levant (ISIL) and Al-Nusrah Front (ANF), and obligates all 
member nations to assist in the protection of Syria's cultural 
heritage. Paragraph 17 of the Resolution states that all Member States 
shall take appropriate steps to prevent the trade in Syrian cultural 
property and other items of archaeological, historical, cultural, rare 
scientific, and religious importance illegally removed from Syria since 
March 15, 2011, including by prohibiting cross-border trade in such 
items, thereby allowing for their eventual safe return to the Syrian 
people. The United States strongly supported this Resolution because 
``this resolution both cuts off a source of ISIL revenue and helps 
protect an irreplaceable cultural heritage, of the region and of the 
world.'' See ``Explanation of Vote at a Security Council Session on 
Threats to International Peace and Security Caused by Terrorist 
Threats,'' Ambassador Samantha Power, U.S. Permanent Representative to 
the United Nations, New York City, February 12, 2015.
    For decades, the United States has shared the international concern 
for the need to protect endangered cultural property. The appearance in 
the United States 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 of the United States to join with other 
countries to suppress illegal trafficking of such objects in 
international commerce.
    The United States joined international efforts and actively 
participated in deliberations resulting in the 1970 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 (823 U.N.T.S. 231 
(1972)). In 1983, pursuant to its international obligations arising 
under the 1970 UNESCO Convention, the United States enacted the 
Convention on Cultural Property Implementation Act (Pub. L. 97-446, 19 
U.S.C. 2601 et seq.) (CCPIA). Implementation of the 1970 UNESCO 
Convention through the CCPIA promotes U.S. leadership in achieving 
greater international cooperation toward preserving cultural treasures 
that are of importance to the nations from which they originate and 
greater international understanding of mankind's common heritage.
    Since 1983, import restrictions have been imposed on archaeological 
and ethnological material from a number of States Parties to the 1970 
Convention. These restrictions have been imposed as a result of 
requests received from those nations under Article 9 of the 1970 UNESCO 
Convention and pursuant to provisions of the CCPIA that allow for 
emergency action and international agreements between the United States 
and other countries.

[[Page 53917]]

Protect and Preserve International Cultural Property Act

    The Protect and Preserve International Cultural Property Act (Pub. 
L. 114-151) (``the Act'') directs the President to exercise the 
authority of the President under section 304 of the CCPIA (19 U.S.C. 
2603) to impose import restrictions set forth in section 307 of the 
CCPIA (19 U.S.C. 2606) with respect to any archaeological or 
ethnological material of Syria not later than 90 days after the date of 
enactment of the Act, without regard to whether Syria is a State Party 
to the 1970 UNESCO Convention, and without the need for a formal 
request from the Government of Syria. Section 3(c) of the Act provides 
that the President is authorized to waive the import restrictions.
    On August 2, 2016, the Assistant Secretary for Educational and 
Cultural Affairs, Department of State, acting pursuant to delegated 
authority under the Act, made a Decision that, pursuant to the CCPIA, 
import restrictions be imposed with respect to any archaeological and 
ethnological material of Syria, as defined in the Act.
    More information on import restrictions may be obtained from the 
Cultural Property Protection section of the Department of State's 
Cultural Heritage Center Web site (http://culturalheritage.state.gov/). 
Importation of designated archaeological and ethnological material of 
Syria is restricted unless the conditions set forth in 19 U.S.C. 2606 
and 19 CFR 12.104c are met. Below is the Designated List of 
Archaeological and Ethnological Material of Syria that describes the 
types of objects or categories of archaeological or ethnological 
material that are subject to import restrictions, if unlawfully removed 
from Syria on or after March 15, 2011. This list was prepared in 
consultation with the Department of State pursuant to section 305 of 
the CCPIA (19 U.S.C. 2604).

Designated List of Archaeological and Ethnological Material of Syria

Table of Contents

I. Stone
II. Metal
III. Ceramic, Clay, and Faience
IV. Wood
V. Glass
VI. Ivory, Bone, and Shell
VII. Plaster and Stucco
VIII. Textile
IX. Parchment, Paper, and Leather
X. Painting and Drawing
XI. Mosaic
XII. Writing

Chronology

    The archaeological and ethnological material of Syria represent the 
following periods and cultures: Paleolithic, Neolithic, Bronze and Iron 
Ages, Persian, Greco-Roman, Byzantine, and Islamic until the end of the 
Ottoman Period, a total span from roughly 1,000,000 BC to 1920 AD. 
Syria has been home to a range of diverse cultures, resulting in a vast 
array of archaeological and ethnological material in a variety of 
media. The import restriction covers all archaeological and 
ethnological material of Syria (as defined in section 302 of the 
Convention on Cultural Property Implementation Act (19 U.S.C. 2601)), 
including but not limited to the following types of material.

I. Stone

    A. Sculpture
    1. Architectural elements, from temples, tombs, palaces, 
commemorative monuments, and domestic architecture, including columns, 
capitals, bases, lintels, jambs, friezes, pilasters, engaged columns, 
waterspouts, door leaves, mihrabs (prayer niches), fountains, and 
blocks from walls, floors, and ceilings. Often decorated in relief with 
pre-Classical (especially Neo-Hittite and Assyrian), Greco-Roman, 
Christian, and Islamic ornamental motifs and inscriptions. The most 
common architectural stones are limestone, basalt, and marble.
    2. Statues, large- and small-scale, often depicting human, 
mythological, and animal subjects, in a great variety of styles, 
including but not limited to Sumerian, Assyrian, Neo-Hittite, 
Hellenistic, Roman, Palmyrene, and Byzantine. The most popular stones 
are limestone, basalt, and marble, but other types of stone are used as 
well.
    3. Relief sculpture, large- and small-scale, including steles, wall 
slabs, plaques, coffins, altars, and tombstones, in a great variety of 
styles, including but not limited to Sumerian, Assyrian, Neo-Hittite, 
Hellenistic, Roman, Palmyrene, Byzantine, and Islamic. Used for 
commemorative, funerary, and decorative purposes. The most popular 
stones are limestone, basalt, and marble, but other types of stone are 
used as well.
    4. Inlay sculpture. Large-scale examples with friezes of sculpted 
stone figures set into an inlaid stone or bitumen background. Small-
scale examples with flat, cut-out figures in light-colored stones set 
against dark stone or bitumen backgrounds decorate boxes and furniture. 
Subjects include narrative scenes such as warfare and banqueting.
    B. Seals
    1. Cylinder seals: A cylindrical bead, usually ranging in size from 
2 cm to 8 cm in height, with a hole pierced through its vertical axis 
and engraved images carved around the outer circumference. Made from a 
great variety of stones, including but not limited to marble, 
serpentine, hematite, chalcedony, lapis lazuli, agate, jasper, 
turquoise, garnet, carnelian, agate, quartz, onyx, sardonyx, 
heliotrope, jasper, rock crystal, amethyst, and goethite.
    2. Stamp seals: Stones carved into animal or geometric shapes, 
including but not limited to square, circular, lentoid, hemispheric, 
gable-backed, eight-sided pyramidal, cones, cameos (carved in raised 
relief), ellipsoidal, and domical, with a flat surface engraved with a 
wide range of images. Some types have knobs on their top sides.
    C. Vessels and containers--Includes conventional shapes such as 
bowls, cups, and jars, and vessels having the form of animals.
    D. Tools and Weapons--Chipped stone (usually flint and obsidian) 
includes large and small blades, borers, scrapers, sickles, awls, 
harpoons, cores, and arrow heads. Ground stone types include mortars, 
pestles, millstones, querns, whetstones, choppers, axes, hammers, 
molds, loom weights, fishnet weights, standardized weights, and mace 
heads.
    E. Jewelry--Jewelry of or decorated with colored and semi-precious 
stones, including necklaces, pendants, cameos, crowns, earrings, finger 
rings, bracelets, anklets, belts, girdles, pins, hair ornaments, arm 
bands, and beads.
    F. Ostraca--Chips of stone used as surface for writing or drawing.
    G. Tablets--Inscribed with pictographic, cuneiform, Phoenician, 
Aramaic, Greek, Latin, and Arabic scripts.

II. Metal

    A. Sculpture
    1. Statues, large- and small-scale, including of deities, humans 
(often standing, sometimes with raised arms and/or wearing helmets), 
and animals (such as lions), similar to those in stone. The most common 
materials are bronze and copper alloys, and gold and silver are used as 
well.
    2. Relief sculpture, including plaques and appliqu[eacute]s.
    B. Vessels and containers--Includes conventional shapes such as 
bowls, cups, jars, plates, platters, cauldrons, and lamps, and vessels 
in the form of humans, animals, hybrids, plants, and combinations or 
parts thereof. Decoration includes fluting, incision,

[[Page 53918]]

appliqu[eacute], and figurative elements (such as mythological scenes, 
animals, festivities, and hunting). Examples include but are not 
limited to:
     Shallow bronze bowls bearing concentric rings of complex 
imagery of animals, festivities, mythological scenes, and/or 
militaristic vignettes on their outside (they also occur in silver and 
gilt silver);
     Large bronze cauldrons and cauldron stands, some of which 
include cast or incised decorations in the shape of bulls, griffins, or 
human heads;
     Ewers with bulbous bodies, long necks and handles, dating 
to the Sasanian and Abbasid periods; and
     Copper-alloy metalwork in the Islamic period engraved with 
inscriptions and elaborate floral and geometric designs, sometimes with 
enamel and silver inlays. Forms include bowls, ewers, candlesticks, and 
astrolabes.
    C. Objects of daily use
    1. Musical instruments, including trumpets, clappers, and sistra; 
furniture parts, such as chair legs, struts, and openwork panels, cast 
and hammered in copper/bronze; metal mirror backs, often incised with 
decoration.
    2. Copper/bronze weights found in a variety of shapes, including 
that of a recumbent lion.
    3. Architectural elements in copper/bronze, including door-pivots, 
knobs, and nails.
    D. Tools--Including but not limited to axes, adzes, saws, drills, 
chisels, knives, hooks, pins, needles, tongs, tweezers, awls, and 
scientific instruments such as astrolabes. Usually in bronze and copper 
alloys, later joined by iron; ceremonial forms might be in gold.
    E. Weapons and armor
    1. Weapons include maceheads, knives, swords, curved swords, axes 
(including duckbill and fenestrated types), arrows, and spears. Usually 
in bronze and copper alloys, later joined by iron and, by the 1st 
millennium AD, steel as well. Later swords may have inscriptions in 
Arabic on the blade and/or hilt. Ceremonial forms might be in gold. In 
the later Islamic periods, pistols and other firearms appear.
    2. Early armor consisting of small metal scales, originally sewn to 
a backing of cloth or leather, later augmented by helmets, body armor, 
shields, and horse armor. Armor and weapons of the Islamic period can 
be decorated with arabesque designs and inscriptions.
    F. Jewelry, amulets, and seals
    1. Jewelry of gold, silver, electrum, copper, and iron for personal 
adornment, including necklaces, pectorals, pendants in forms such as 
animals and insects, spirals, wire, arm bands, rosettes, hairpins, 
fibulae (triangular safety pins for garments), crowns and other 
headdresses, earrings, bracelets, anklets, belts, and finger rings.
    2. Amulets in the shape of humans, animals, hybrids, plants, and 
combinations or parts thereof.
    G. Liturgical objects--Including censers, crosses, chalices, Bible 
caskets, lamps, Kiddush cups, candelabra, and Torah pointers and 
finials.
    H. Tablets--Usually of copper-alloy, lead, gold, and silver, 
inscribed with cuneiform, Phoenician, Aramaic, Greek, Latin, and Arabic 
scripts.
    I. Coins--In copper or bronze, silver and gold.
    1. Coins in Syria have a long history and exist in great variety, 
spanning the Achaemenid Persian, Hellenistic Seleucid and Ptolemaic, 
Roman, Sasanian, and Islamic periods. Coins from neighboring regions 
circulated in Syria as well. Some major mints for coinage that 
circulated in Syria in various periods include Emesa, Antioch, Apamea, 
Damascus, Beroea, and Laodicea.
    2. Achaemenid coins include silver drachms stamped on the obverse 
with the head of the king and on the reverse with an altar.
    3. Coin types and materials for coins minted or circulated in Syria 
during the Hellenistic Seleucid and Ptolemaic periods include gold and 
silver staters and obols, bronze or silver drachms, hemidrachms, 
tetradrachms, and smaller bronze and lead coins. These coins have a 
wide variety of decorative elements. Male and female busts (of kings, 
such as Seleucus, and queens, such as Cleopatra, or sometimes deities) 
are usually found on the front. Seated archers, seated gods such as 
Zeus, winged Victory, Tyche, and Herakles, other Greco-Roman 
mythological subjects, animals such as lions and elephants, palm trees, 
and ships are usually on the reverse of the Seleucid and Ptolemaic 
coins, which are often inscribed in Greek.
    4. Roman coins minted and circulated in Syria during the Roman 
period come in a variety of denominations and weights and were struck 
primarily in silver and bronze, though examples (sesterces) of brass 
also appear. The front usually has an image of the emperor; sometimes, 
other notable personages (e.g., Julia Domna) might appear. Subjects 
shown on the reverse include seated and standing deities, wreaths, 
temples and altars, mythological scenes, and eagles. Inscriptions are 
usually in Latin, but sometimes also in Greek. Late Roman (Byzantine) 
coins are similar, but the reverse often shows Christian iconography 
(e.g., crosses), and inscriptions are in Greek.
    5. Sasanian period coins are typically silver drachms with an image 
of the ruler on the obverse and a religious scene with a fire altar on 
the reverse.
    6. Islamic coins are of gold, silver, bronze, and copper and 
include examples from the Ummayad, Abbasid, Ghaznavid, Fatimid, 
Ayyubid, Seljuq (including Zengid), Timurid, Mamluk, Safavid, and 
Ottoman periods. Most are stamped on both sides with inscriptions in 
Arabic, although a few types have an image on one side and an 
inscription on the other.

III. Ceramic, Clay, and Faience

    A. Sculpture
    1. Terracotta figurines of humans and animals are quite common and 
may be highly stylized. Some examples are sculptures while others are 
made from molds. Also molds for making such figurines.
    2. Terracotta plaques, either made from molds or sculpted, with a 
variety of subjects. Also terracotta molds for making such plaques.
    3. Terracotta models, including furniture such as chairs and beds, 
chariots, boats, and buildings.
    B. Architectural decorations
    1. Bronze and Iron Age ceramic wall decorations, including cones 
(sometimes with the flat end painted) and decorated knobs.
    2. Islamic architectural ornaments, including carved and molded 
brick, and glazed ceramic tile wall and floor ornaments and panels.
    C. Vessels and containers
    1. Ceramic vessels occur throughout Syria's history in a wide range 
of shapes, sizes, fabrics, and decorative treatments. They may be 
handmade or wheel-made, plain or decorated with geometric, natural, or 
stylized motifs, with surfaces that include but are not limited to 
plain, slipped, burnished, varnished, painted, combed, incised, glazed, 
barbotine, and/or molded relief.
    2. All ceramics from the Ceramic Neolithic through the Ottoman 
Period. Examples include but are not limited to:
     Decorated and undecorated Pre-Classical pottery, including 
Halaf, Ubaid, Uruk, and local and imported Bronze and Iron Age forms;
     Greco-Roman pottery, including vessels with rilled 
decoration and terra sigillata, a high quality table ware made of red 
to reddish brown clay, and covered with a glossy slip;
     Islamic plain, glazed, molded, and painted ceramics, 
including Raqqa wares and lusterware;
     Bathtub, slipper-shaped, cylindrical, and rectangular 
coffins from

[[Page 53919]]

all periods. Coffin lids may be modeled with human features; and
     Pilgrim flasks from all periods, characterized by flat 
disc-shaped sides and a single drinking spout, often flanked by stirrup 
handles.
    D. Objects of daily use
    1. Including but not limited to game pieces, loom weights, toys, 
and lamps.
    2. Bread molds of various shapes and patterns.
    3. Stamp and cylinder seals made from fired clay, faience, or a 
composite material related to faience.
    E. Writing
    1. Tablets, covered with wedge-shaped cuneiform characters or 
incised pictographs. They are usually unbaked and must be handled with 
extreme care. Shapes range from very small rounded disk forms, to small 
square and rectangular pillow-shaped forms, to larger rectangular 
tablets. They sometimes are found with an enclosing clay envelope, 
which is also inscribed. Both tablets and envelopes may be impressed 
with cylinder or stamp seals.
    2. Bricks of fired clay inscribed or stamped with cuneiform 
inscriptions that are often placed in small frames on one of the sides. 
Approximately 30 x 30 x 10 cm.
    3. Cones of fired clay. The large end is sometimes flat, sometimes 
mushroom shaped. Inscribed cuneiform characters can cover the head and/
or body of the cone. Approximately 15 cm long.
    4. Cylinders: Large cuneiform-inscribed objects can take the form 
of a multisided prism or barrel. The inscription typically covers all 
sides of the object. Approximately 20-30 cm high.
    5. Ostraca, pottery shards used as surface for writing or drawing.

IV. Wood

    A. Architectural elements--Including carved and inlaid wooden 
walls, floors, panels, screens, balconies, stages, doors, ceilings, 
beams, altars, and vaulting and elements thereof (e.g., muqarnas), 
often decorated with stars, floral motifs, geometric patterns, 
religious iconography (e.g., crosses), and Arabic script. Elements may 
comprise most or all of entire rooms.
    B. Religious equipment--Including pulpits (minbars) and prayer 
niches (mihrabs), often intricately carved and with accompanying Arabic 
script decoration, and sometimes inlaid; book holders, lecterns, and 
cabinets; smaller objects such as cases/chests.
    C. Objects of daily use--Including furniture such as chairs, 
stools, and beds, chests and boxes, writing and painting equipment, 
musical instruments (e.g., ouds and rababa [fiddles]), utensils, and 
older game boxes and pieces.
    D. Tools and Weapons--Including adzes, axes, bow drills, 
carpenters' levels and squares, bows, arrows, spears.

V. Glass

    A. Late Bronze Age and Iron Age glass containers, including but not 
limited to bowls, bottles, and juglets, typically small and often 
elaborately decorated with multi-colored bands.
    B. Roman vessels, often hand-blown, in a great variety of shapes, 
including but not limited to bottles, flasks, and pitchers.
    C. Islamic vessels and containers in glass in a great variety of 
shapes, including but not limited to bowls, bottles, flasks, and glass 
and enamel mosque lamps.

VI. Ivory, Bone, and Shell

    A. Sculpture
    1. Ivory plaques sculpted in relief are a hallmark of Syrian 
sculpture. They were used in particular as parts of furniture; they may 
also have been components of tools/weapons and placed on walls as 
artistic elements. Decorative motifs include animals, humans, plants, 
combat, hunting, feasting, mythological creatures (e.g., griffins), and 
mythological and religious scenes, among others. In some periods, 
Syrian ivories may look Egyptian (``Egyptianizing'').
    2. Statuettes in the round of ivory, including human, animal, and 
mythological figures and parts thereof.
    B. Objects of daily use
    1. Ivory, bone, shell, and mother of pearl were used either alone 
or as inlays in luxury objects including furniture, chests and boxes 
(pyxis/pyxides), writing and painting equipment, musical instruments 
(e.g., flutes), games (e.g., dice), cosmetic containers, combs, 
jewelry, mirror backs and handles, amulets, fly whisk handles, and 
seals. Ivory objects from Islamic periods may have Arabic inscriptions.
    2. Utilitarian objects of bone and ivory include but are not 
limited to utensils and tools such as awls and needles.

VII. Plaster and Stucco

    A. Plaster--Pre-Pottery Neolithic containers were often made of 
plaster. In later periods, painted or gilded plaster was used for 
jewelry and other objects in imitation of expensive materials.
    B. Stucco--Islamic architectural decorations in stucco, including 
vegetal forms and sculptures of humans and animals.

VIII. Textile

    A. Greco-Roman and Byzantine textiles and fragments in linen, wool, 
cotton and silk, including but not limited to garments, blankets, bags, 
and hangings.
    B. Islamic textiles and fragments in wool, cotton, and silk, 
including garments, blankets, bags, hangings, and rugs.

IX. Parchment, Paper, and Leather

    A. Parchment
    1. Manuscripts and portions thereof from the Byzantine and Early 
Islamic periods, including but not limited to liturgical works and 
Qur'ans, either on a scroll, single leaves, or bound as a book (or 
``codex''), and written in Aramaic, Greek, Latin, and Arabic, sometimes 
with painted illustrations and gold leaf, on specially prepared animal 
skins, known as parchment.
    2. Torahs and portions thereof: Scrolls bearing Hebrew writing in 
black ink, wound around two wooden rods, and originally housed in a 
cylindrical wooden case.
    B. Paper
    1. Qur'ans and manuscripts, and individual pages thereof, sometimes 
illustrated, written on paper and bound as books.
    2. Rare printed books.
    3. Religious, ceremonial, literary, and administrative material, 
including but not limited to maps, archival materials, photographs, and 
other rare or important documentary or historical material.
    C. Leather
    1. Armor, sandals, clothing, and horse trappings from the Islamic 
period.
    2. Early texts written on leather. Manuscripts and rare books bound 
in leather.

X. Painting and Drawing

    A. Wall Painting--These are usually painted on lime plaster in the 
fresco method. Syrian wall paintings come from many periods and depict 
a wide range of subjects. They are found in both religious and secular 
buildings.
    1. Pre-classical paintings may show religious scenes, such as 
worshippers approaching standing and seated deities, sometimes with 
sacrificial animals, scenes with the ruler, mythological vignettes and 
creatures, and palm trees. Later paintings depict courtly and 
militaristic themes, as well as the ruler and high officials.
    2. Classical period paintings generally show biblical and religious 
scenes. Christian paintings may show personages such as Jesus, Virgin 
Mary, the apostles, and angels, and include

[[Page 53920]]

iconography such as crosses. Jewish paintings may include iconography 
such as menorahs. Paintings from the Roman and other polytheistic 
traditions may depict deities such as winged Victory and mythological 
scenes. Christian wall paintings continue into the Byzantine period.
    3. Islamic period paintings may depict courtly themes (e.g., 
musicians, riders on horses) and city views, among other topics.
    B. Byzantine panel paintings (icons)--Generally portray Jesus, 
Mary, Christian saints, religious images, and scenes of biblical 
events. Surrounding paintings may contain animal, floral, or geometric 
designs, including borders and bands. May be partially covered with 
gold or silver, sometimes encrusted with semi-precious or precious 
stones, and are usually painted on a wooden panel, often for inclusion 
in a wooden screen (iconastasis). May also be painted on ceramic.

XI. Mosaic

    A. Floor mosaics--Greco-Roman and Byzantine, including landscapes, 
humans or gods, mythological scenes, and quotidian activities such as 
hunting and fishing. There may also be vegetative, floral, or 
decorative motifs. They are made from stone cut into small pieces 
(tesserae) and laid into a plaster matrix.
    B. Wall and ceiling mosaics--generally portray religious images, 
scenes of Biblical and Qur'anic events, and views of cities and 
buildings. Surrounding panels may contain animal, floral, or geometric 
designs. Similar technique to floor mosaics, but may include tesserae 
of both stone and glass.

XII. Writing

    On paper, parchment, leather, wood, ivory, stone, metal, textile, 
stucco, clay, mosaic, painting, and ceramic, in pictographic, 
cuneiform, Phoenician, Aramaic, Syriac, Hebrew, Greek, Latin, and 
Arabic scripts.

Inapplicability of Notice and Delayed Effective Date

    Under section 553 of the Administrative Procedure Act (``APA'') (5 
U.S.C. 553), agencies amending their regulations generally are required 
to publish a notice of proposed rulemaking in the Federal Register that 
solicits public comment on the proposed amendments, consider public 
comments in deciding on the final content of the final amendments, and 
publish the final amendments at least 30 days prior to their effective 
date. However, section 553(a)(1) of the APA provides that the standard 
prior notice and comment procedures do not apply to agency rulemaking 
that involves the foreign affairs function of the United States. CBP 
has determined that this final rule involves a foreign affairs function 
of the United States as it implements authority granted to the 
President under the Protect and Preserve International Cultural 
Property Act and section 304 of the Convention on Cultural Property 
Implementation Act (19 U.S.C. 2603) to impose import restrictions on 
archaeological or ethnological material of Syria. The Protect and 
Preserve International Cultural Property Act and this rule do no more 
than carry out the obligations of the United States under the 1970 
UNESCO Convention and Chapter VII of the United Nations Charter. 
Accordingly, the rulemaking requirements under the APA do not apply, 
and this final rule will be effective upon publication.
    In addition, section 553(b)(B) of the APA provides that notice and 
public procedure are not required when an agency for good cause finds 
them impracticable, unnecessary, or contrary to public interest. CBP 
has determined that providing prior notice and public procedure for 
these regulations would be impracticable, unnecessary, and contrary to 
the public interest because immediate action is necessary, and 
contemplated, in order to respond to the ongoing pillage of Syrian 
cultural antiquities and to avoid damage to those antiquities in Syria 
until hostilities have ceased. Any delay in this action will likely 
result in further damage to the Syrian cultural antiquities that 
Congress was seeking to protect with the Protect and Preserve 
International Cultural Property Act.
    Finally, section 553(d)(3) of the APA permits agencies to make a 
rule effective less than 30 days after publication when the agency 
finds that good cause exists for dispensing with a delayed effective 
date. For the reasons described above, CBP finds that good cause exists 
to make these regulations effective without a delayed effective date.

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

    CBP has determined that this document is not a regulation or rule 
subject to the provisions of Executive Order 12866 of September 30, 
1993 (58 FR 51735, October 4, 1993), because it pertains to a foreign 
affairs function of the United States, as described above, and 
therefore is specifically exempted by section 3(d)(2) of Executive 
Order 12866.

Signing Authority

    This regulation is being issued in accordance with 19 CFR 
0.1(a)(1), pertaining to the Secretary of the Treasury's authority (or 
that of his/her delegate) to approve regulations related to customs 
revenue functions.

List of Subjects in 19 CFR Part 12

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

Amendment to CBP Regulations

    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 continues to read, and 
the specific authority for Sec.  12.104k is added 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;
* * * * *
    Section 12.104k also issued under Pub. L. 114-151, 130 Stat. 
369; 19 U.S.C. 2612;
* * * * *

0
2. Add Sec.  12.104k to read as follows:


Sec.  12.104k  Emergency protection for Syrian cultural antiquities.

    (a) Restriction. Importation of archaeological or ethnological 
material of Syria is restricted pursuant to the Protect and Preserve 
International Cultural Property Act (Pub. L. 114-151) and section 304 
of the Convention on Cultural Property Implementation Act (19 U.S.C. 
2603), unless a restriction is waived pursuant to section 3(c) of the 
Protect and Preserve International Cultural Property Act.
    (b) Description of restricted material. The term ``archaeological 
or ethnological material of Syria'' means cultural property as defined 
in section 302 of the Convention on Cultural Property Implementation 
Act (19 U.S.C. 2601) that is unlawfully removed from Syria on or after 
March 15, 2011. CBP Decision 16-10 sets forth the Designated List of 
Archaeological and Ethnological Material of Syria that describes the 
types of objects or categories of

[[Page 53921]]

archaeological or ethnological material that are subject to import 
restrictions.

R. Gil Kerlikowske,
Commissioner, U.S. Customs and Border Protection.
    Approved: August 11, 2016.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2016-19491 Filed 8-11-16; 4:15 pm]
 BILLING CODE 9111-14-P