[Federal Register Volume 81, Number 234 (Tuesday, December 6, 2016)]
[Rules and Regulations]
[Pages 87805-87810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29191]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
DEPARTMENT OF THE TREASURY
19 CFR Part 12
[CBP Dec. 16-23]
RIN 1515-AE19
Import Restrictions Imposed on Certain Archaeological Material
From Egypt
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security; Department of the Treasury.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule amends the U.S. Customs and Border Protection
(CBP) regulations to reflect the imposition of import restrictions on
certain archaeological material from the Arab Republic of Egypt
(Egypt). These restrictions are being imposed pursuant to an agreement
between the United States and Egypt that has been entered into under
the authority of the Convention on Cultural Property Implementation Act
in accordance with the 1970 United Nations Educational, Scientific and
Cultural Organization
[[Page 87806]]
(UNESCO) Convention on the Means of Prohibiting and Preventing the
Illicit Import, Export and Transfer of Ownership of Cultural Property.
The final rule amends CBP regulations by adding Egypt to the list of
countries for which a bilateral agreement has been entered into for
imposing cultural property import restrictions. The final rule also
contains the designated list that describes the types of archaeological
material to which the restrictions apply.
DATES: Effective December 5, 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) 325-0030. For
operational aspects, William Scopa, Branch Chief, Partner Government
Agency Branch, Trade Policy and Programs, Office of Trade, (202) 863-
6554, [email protected].
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 United States shares in 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 for the United States to join with other countries to
control illegal trafficking of such articles 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)). 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 contribute to
greater international understanding of our common heritage.
Since the Act entered into force, import restrictions have been
imposed on the archaeological and ethnological materials of a number of
State Parties to the 1970 UNESCO Convention. These restrictions have
been imposed as a result of requests for protection received from those
nations. More information on import restrictions can be found on the
Cultural Property Protection Web site (http://eca.state.gov/cultural-heritage-center/cultural-property-protection).
This rule announces that import restrictions are now being imposed
on certain archaeological material from Egypt.
Determinations
Under 19 U.S.C. 2602(a)(1), the United States must make certain
determinations before entering into an agreement to impose import
restrictions under 19 U.S.C. 2602(a)(2). On November 14, 2014, the
Assistant Secretary for Educational and Cultural Affairs, Department of
State, made the determinations required under the statute with respect
to certain archaeological material originating in Egypt that are
described in the designated list set forth below in this document.
These determinations include the following: (1) That the cultural
patrimony of Egypt is in jeopardy from the pillage of archaeological
material representing Egypt's cultural heritage dating from the
Predynastic period (5,200 B.C.) through 1517 A.D. (19 U.S.C.
2602(a)(1)(A)); (2) that the Egyptian government has taken measures
consistent with the Convention to protect its cultural patrimony (19
U.S.C. 2602(a)(1)(B)); (3) that import restrictions imposed by the
United States would be of substantial benefit in deterring a serious
situation of pillage and remedies less drastic are not available (19
U.S.C. 2602(a)(1)(C)); and (4) that the application of import
restrictions as set forth in this final rule is consistent with the
general interests of the international community in the interchange of
cultural property among nations for scientific, cultural, and
educational purposes (19 U.S.C. 2602(a)(1)(D)). The Assistant Secretary
also found that the material described in the determinations meets the
statutory definition of ``archaeological material of the state party''
(19 U.S.C. 2601(2)).
The Agreement
The United States and Egypt entered into a bilateral agreement on
November 30, 2016, pursuant to the provisions of 19 U.S.C. 2602(a)(2).
The agreement enables the promulgation of import restrictions on
categories of archaeological material representing Egypt's cultural
heritage dating from the Predynastic period (5,200 B.C.) through 1517
A.D. A list of the categories of archaeological material subject to the
import restrictions is set forth later in this document.
Restrictions and Amendment to the Regulations
In accordance with the Agreement, importation of material
designated below is subject to the restrictions of 19 U.S.C. 2606 and
Sec. 12.104g(a) of the CBP regulations (19 CFR 12.104g(a)) and will be
restricted from entry into the United States unless the conditions set
forth in 19 U.S.C. 2606 and Sec. 12.104c of the CBP regulations (19
CFR 12.104c) are met. CBP is amending Sec. 12.104g(a) of the CBP
Regulations (19 CFR 12.104g(a)) to indicate that these import
restrictions have been imposed.
Designated List of Archaeological Material of Egypt
The bilateral agreement between the United States and Egypt
includes, but is not limited to, the categories of objects described in
the designated list set forth below. These categories of objects are
subject to the import restrictions set forth above, in accordance with
the above explained applicable law and the regulation amended in this
document (19 CFR 12.104(g)(a)). The import restrictions include
complete examples of objects and fragments thereof.
The archaeological material represent the following periods and
cultures dating from 5,200 B.C. through 1517 A.D.: Predynastic,
Pharaonic, Greco-Roman, Coptic, and Early Islamic through the Mamluk
Dynasty. Many of the ancient place-names associated with the region of
Egypt can be found in J. Baines and J. Malek, Cultural Atlas of Ancient
Egypt (New York, 2000).
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,
mihrabs (prayer niches), fountains, and blocks from walls, floors, and
ceilings.
[[Page 87807]]
Often decorated in relief with ornamental Pharaonic, Greco-Roman, and
Coptic motifs and inscriptions. The most common architectural stones
are limestone, sandstone and granite.
2. Statues, large- and small-scale, including human, animal, and
hybrid figures with a human body and animal head. Human figures may be
standing, usually with the left foot forward, seated on a block or on
the ground, kneeling, or prone. Figures in stone may be supported by a
slab of stone at the back. Greco-Roman examples use traditional
Egyptian poses with Hellenistic modeling. The most popular stones are
limestone, granite, basalt, sandstone, and diorite, and many other
types of stone are used as well.
3. Relief sculpture, large- and small-scale, including Predynastic
greywacke cosmetic palettes, limestone wall reliefs depicting scenes of
daily life and rituals, and steles and plaques in a variety of stones
for funerary and commemorative purposes.
4. Greco-Roman and Coptic tombstones.
B. Vessels and Containers
Includes conventional shapes such as bowls, cups, jars, and lamps,
and vessels having the form of human, animal, hybrid, plant,
hieroglyphic sign, and combinations or parts thereof.
C. Funerary Objects and Equipment
1. Sarcophagi and coffins, with separate lid, either in the form of
a large rectangular box, or human-shaped and carved with modeled human
features. Both types are often decorated inside and outside with
incised images and inscriptions.
2. Canopic shrines, in the form of a box with space inside for four
canopic jars.
3. Canopic jars with lids in the form of human or animal heads. A
full set includes four jars. Sometimes these jars are dummies, carved
from a single piece of stone with no interior space.
D. Objects of Daily Use
Including chests and boxes, headrests, writing and painting
equipment, games and game pieces.
E. Tools and Weapons
Chipped stone includes large and small blades, borers, scrapers,
sickles, awls, harpoons, cores, loom weights, and arrow heads. Ground
stone types include mortars, pestles, millstones, whetstones, choppers,
axes, hammers, molds, and mace heads.
F. Jewelry, Amulets, and Seals
1. Jewelry of colored and semi-precious stones for personal
adornment, including necklaces, chokers, pectorals, pendants, crowns,
earrings, bracelets, anklets, belts, girdles, aprons, and rings.
2. Amulets of colored and semi-precious stones in the form of
humans, animals, hybrids, plants, hieroglyphic signs, and combinations
or parts thereof.
3. Stamp and cylinder seals. The most common type is the scarab, in
the form of a beetle with an inscription on the flat base.
G. Ostraca
Chips of stone used as surface for writing or drawing.
II. Metal
A. Sculpture
1. Statues, large- and small-scale, including human, animal, and
hybrid figures similar to those in stone. Metal statues usually lack
the support at the back. The most common material is bronze and copper
alloys, and gold and silver are used as well.
2. Relief sculpture, including plaques, appliques, and mummy masks.
B. Vessels and Containers
Includes conventional shapes such as bowls, cups, jars, plates,
cauldrons, and lamps, and vessels in the form of humans, animals,
hybrids, plants, hieroglyphic signs, and combinations or parts thereof.
C. Objects of Daily Use
Musical instruments, including trumpets, clappers, and sistra.
D. Tools
Including axes, adzes, saws, drills, chisels, knives, hooks,
needles, tongs, tweezers, and weights. Usually in bronze and copper
alloys, later joined by iron.
E. Weapons and Armor
1. Weapons include mace heads, knives, swords, curved swords, axes,
arrows, and spears. Usually in bronze and copper alloys, later joined
by iron.
2. Early armor consisted of small metal scales, originally sewn to
a backing of cloth or leather, later augmented by helmets, body armor,
shields, and horse armor.
F. Jewelry, Amulets, and Seals
1. Jewelry of gold, silver, copper, and iron for personal
adornment, including necklaces, pectorals, pendants, crowns, earrings,
bracelets, anklets, belts, and rings.
2. Amulets in the form of humans, animals, hybrids, plants,
hieroglyphic signs, and combinations or parts thereof.
G. Coptic Liturgical Objects
In metal, including censers, crosses, Bible caskets, and lamps.
H. Coins
In copper or bronze, silver, and gold.
1. General--There are a number of references that list Egyptian
coin types. Below are some examples. Most Hellenistic and Ptolemaic
coin types are listed in R.S. Poole, A Catalogue of Greek Coins in the
British Museum: Alexandria and the Nomes (London, 1893); J.N. Svoronos,
[Tgr][alpha] N[ogr][mu][iota][sigma][mu][alpha][tau][alpha]
[tau][ogr][upsi] [Kgr][rho][alpha][tau][ogr][upsi][sigma]
[tau][omega][nu] [Pi][tau][ogr][lambda]e[mu][alpha][iota][omega][nu]
(M[uuml]nzen der Ptolem[auml]er) (Athens 1904); and R.A. Hazzard,
Ptolemaic Coins: An Introduction for Collectors (Toronto, 1985).
Examples of catalogues listing the Roman coinage in Egypt are J.G.
Milne, Catalogue of Alexandrian Coins (Oxford, 1933); J.W. Curtis, The
Tetradrachms of Roman Egypt (Chicago, 1969); A. Burnett, M. Amandry,
and P.P Ripoll[egrave]s, Roman Provincial Coinage I: From the Death of
Caesar to the Death of Vitellius (44 BC-AD 69) (London, 1998--revised
edition); and A. Burnett, M. Amandry, and I. Carradice, Roman
Provincial Coinage II: From Vespasian to Domitian (AD 69-96) (London,
1999). There are also so-called nwb-nfr coins, which may date to
Dynasty 30. See T. Faucher, W. Fischer-Bossert, and S. Dhennin, ``Les
Monnaies en or aux types hi[eacute]roglyphiques nwb nfr,'' Bulletin de
l'institut fran[ccedil]ais d'arch[eacute]ologie orientale 112 (2012),
pp. 147-169.
2. Dynasty 30--Nwb nfr coins have the hieroglyphs nwb nfr on one
side and a horse on the other.
3. Hellenistic and Ptolemaic coins--Struck in gold, silver, and
bronze at Alexandria and any other mints that operated within the
borders of the modern Egyptian state. Gold coins of and in honor of
Alexander the Great, struck at Alexandria and Memphis, depict a
helmeted bust of Athena on the obverse and a winged Victory on the
reverse. Silver coins of Alexander the Great, struck at Alexandria and
Memphis, depict a bust of Herakles wearing the lion skin on the
obverse, or ``heads'' side, and a seated statue of Olympian Zeus on the
reverse, or ``tails'' side. Gold coins of the Ptolemies from Egypt will
have jugate portraits on both obverse and reverse, a portrait of the
king on the obverse and a cornucopia on the reverse, or a jugate
portrait of the king and queen on the obverse and cornucopiae on the
reverse. Silver coins of the Ptolemies coins from Egypt tend to depict
a portrait of Alexander wearing an elephant skin on the obverse and
Athena on the reverse or a portrait
[[Page 87808]]
of the reigning king with an eagle on the reverse. Some silver coins
have jugate portraits of the king and queen on the obverse. Bronze
coins of the Ptolemies commonly depict a head of Zeus (bearded) on the
obverse and an eagle on the reverse. These iconographical descriptions
are non-exclusive and describe only some of the more common examples.
There are other types and variants. Approximate date: ca. 332 B.C.
through ca. 31 B.C.
4. Roman coins--Struck in silver or bronze at Alexandria and any
other mints that operated within the borders of the modern Egyptian
state in the territory of the modern state of Egypt until the monetary
reforms of Diocletian. The iconography of the coinage in the Roman
period varied widely, although a portrait of the reigning emperor is
almost always present on the obverse of the coin. Approximate date: ca.
31 B.C. through ca. A.D. 294.
III. Ceramic and Clay
A. Sculpture
Terracotta statues and statuettes, including human, animal, and
hybrid figures.
B. Islamic Architectural Decorations
Including carved and molded brick, and tile wall ornaments and
panels.
C. Vessels and Containers
1. Predynastic pottery, typically having a burnished red body with
or without a white-painted decoration, or a burnished red body and
black top, or a burnished black body sometimes with incised decoration,
or an unburnished light brown body with dark red painted decoration,
including human and animal figures and boats, spirals, or an abstract
design.
2. Dynastic period pottery features primarily utilitarian but also
ornate forms, typically undecorated, sometimes burnished. New Kingdom
examples may have elaborate painted, incised, and molded decoration,
especially floral motifs depicted in blue paint.
3. Roman period pottery includes vessels with rilled decoration,
pilgrim flasks and terra sigillata, a high quality table ware made of
red to reddish brown clay, and covered with a glossy slip.
4. Coptic pilgrim flasks, and decorated ceramic jars and bowls.
5. Islamic glazed, molded, and painted ceramics.
D. Objects of Daily Use
Including game pieces, loom weights, toys, and lamps.
E. Writing
1. Ostraca, pottery shards used as surface for writing or drawing.
2. Cuneiform tablets, typically small pillow-shaped rectangles of
unbaked clay incised with patterns of wedge-shaped cuneiform symbols.
IV. Wood
A. Sculpture
1. Statues, large- and small-scale, including human, animal, and
hybrid figures. Shabti statuettes, small mummiform human figures, are
especially popular. Wood statues usually lack the support at the back.
2. Relief sculpture, large- and small-scale, including relief
plaques for funerary purposes.
B. Architectural Elements
1. Coptic carved and inlaid wood panels, doors, ceilings, and
altars, often decorated with floral, geometric, and Christian motifs.
2. Islamic carved and inlaid wood rooms, balconies, stages, panels,
ceilings, and doors.
C. Funerary Objects and Equipment
1. Sarcophagi and coffins, with separate lid, either in the form of
a large rectangular box, or human-shaped and carved with modeled human
features. Both types are often decorated inside and outside with
painted, inlaid or incised images, and inscriptions.
2. Mummy masks, often painted, inlaid, and covered with gold foil.
3. Funerary models, including boats, buildings, food, and
activities from everyday life.
4. Shrines to house sarcophagi or statuettes of deities.
5. Food containers in the shape of the product they contain, such
as bread or a duck.
D. Objects of Daily Use
Including furniture such as chairs, stools, beds, chests and boxes,
headrests, writing and painting equipment, musical instruments, game
boxes and pieces, walking sticks, chariots and chariot fittings.
E. Tools and Weapons
Including adzes, axes, bow drills, carpenter's levels and squares,
bows, arrows, spears.
V. Faience and Glass
A. Egyptian Faience
A glossy, silicate-based fired material, is usually blue or
turquoise, but other colors are found as well. It was popular for
statuettes, including human, animal, and hybrid figures, vessels and
containers, canopic jars, game pieces, seals, amulets, jewelry, and
inlays in all types of objects.
B. Glass
1. Pharaonic glass containers are typically small and often
elaborately decorated with multi-colored bands.
2. The Roman period introduced a great variety of hand-blown
shapes.
3. Islamic vessels and containers in glass, including glass and
enamel mosque lamps.
VI. Ivory, Bone, and Shell
A. Sculpture
Statuettes of ivory, including human, animal, and hybrid figures,
and parts thereof. Some of the earliest Egyptian sculpture is in ivory.
B. Objects of Daily Use
Ivory, bone, and shell were used either alone or as inlays in
luxury objects including furniture, chests and boxes, writing and
painting equipment, musical instruments, games, cosmetic containers,
combs, jewelry, amulets, and seals.
VII. Plaster and Cartonnage
A. Plaster
Typically molded and then decorated with paint or gilding for mummy
masks, jewelry, and other objects in imitation of expensive materials.
Also used by itself for life masks and sculptor's models.
B. Cartonnage
Pieces of papyrus or linen covered with plaster and molded into a
shape, similar to papier-m[acirc]ch[eacute], and then painted or
gilded. Used for coffins and mummy masks. Today, cartonnage objects are
sometimes dismantled in hopes of extracting inscribed papyrus
fragments.
C. Stucco
Islamic architectural decoration in stucco.
VIII. Textile, Basketry, and Rope
A. Textile
1. Linen cloth was used in Pharaonic and Greco-Roman times for
mummy wrapping, shrouds, garments, and sails.
2. Coptic textiles in linen and wool, including garments and
hangings.
3. Islamic textile fragments.
B. Basketry
Plant fibers were used to make baskets and containers in a variety
of shapes and sizes, as well as sandals and mats.
C. Rope
Rope and string were used for a great variety of purposes,
including binding
[[Page 87809]]
planks together in shipbuilding, rigging, lifting water for irrigation,
fishing nets, measuring, and stringing beads for jewelry and garments.
IX. Leather and Parchment
A. Leather
Used for shields, sandals, clothing, including undergarments, and
horse trappings. It was also used occasionally as an alternative to
papyrus as a writing surface, a function later assumed by parchment.
B. Parchment
In the Coptic period, documents such as illuminated ritual
manuscripts occur in single leaves or bound as a book or ``codex'' and
are written or painted on specially prepared animal skins (cattle,
sheep/goat, camel) known as parchment.
X. Papyrus
Scrolls, books, manuscripts, and documents, including religious,
ceremonial, literary, and administrative texts. Scripts include
hieroglyphic, hieratic, Aramaic, Hebrew, Greek, Latin, Coptic, and
Arabic.
XI. Painting and Drawing
A. Tomb Paintings
Paintings on plaster or stone, either flat or carved in relief.
Typical subjects include the tomb owner and family, gods, and scenes
from daily life.
B. Domestic Wall Painting
These are painted on mud plaster or lime plaster. Types include
simple applied color, bands and borders, landscapes, and scenes of
people and/or animals in natural or built settings.
C. Rock Art
Chipped and incised drawings on natural rock surfaces, from
prehistoric to Pharaonic periods.
D. Ostraca
Paintings and drawings on stone chips and pottery shards.
E. Mummy Portrait Panels and Funerary Masks
In wood, plaster, and cartonnage, often painted with the head and
upper body of the deceased.
F. Coptic Painting
1. Wall and ceiling paintings--On various kinds of plaster and
which generally portray religious images and scenes of Biblical events.
Surrounding paintings may contain animal, floral, or geometric designs,
including borders and bands.
2. Panel Paintings (Icons)--Smaller versions of the scenes on wall
paintings, and 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.
XII. Mosaics
A. Floor Mosaics
Greco-Roman, including landscapes, scenes of humans or gods, and
activities such as hunting and fishing. There may also be vegetative,
floral, or decorative motifs. They are made from stone cut into small
bits (tesserae) and laid into a plaster matrix.
B. Wall and Ceiling Mosaics
Generally portray religious images and scenes of Biblical events.
Surrounding panels may contain animal, floral, or geometric designs.
Similar technique to floor mosaics, but may include teserae of both
stone and glass.
XIII. Writing
On papyrus, wood, ivory, stone, metal, textile, clay, and ceramic,
in hieroglyphic, hieratic, Aramaic, Assyrian, Babylonian, Persian,
Hebrew, Greek, Latin, Coptic, and Arabic scripts.
XIV. Human and Animal Remains
Human and animal mummies.
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, Reporting and recordkeeping requirements.
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 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;
* * * * *
0
2. In Sec. 12.104g, paragraph (a), the table is amended by adding the
Arab Republic of Egypt to the list in appropriate alphabetical order as
follows:
Sec. 12.104g Specific items or categories designated by agreements
or emergency actions.
(a) * * *
----------------------------------------------------------------------------------------------------------------
State party Cultural property Decision No.
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Egypt................................. Archaeological material representing CBP Dec. 16-23.
Egypt's cultural heritage from
Predynastic period (5,200 B.C.) through
1517 A.D.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 87810]]
* * * * *
R. Gil Kerlikowske,
Commissioner, U.S. Customs and Border Protection.
Approved: December 1, 2016.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2016-29191 Filed 12-5-16; 8:45 am]
BILLING CODE 9111-14-P