[Federal Register Volume 82, Number 180 (Tuesday, September 19, 2017)]
[Rules and Regulations]
[Pages 43692-43695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20056]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Part 12

[CBP Dec. 17-12]
RIN 1515-AE32


Extension of Import Restrictions Imposed on Archaeological and 
Ethnological Materials From the Republic of Mali

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

ACTION: Final rule.

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SUMMARY: This final rule amends the U.S. Customs and Border Protection 
(CBP) regulations to reflect an extension of import restrictions on 
certain archaeological materials from Mali. These restrictions, which 
were originally imposed by Treasury Decision (T.D.) 93-74, and last 
extended by CBP Decision (Dec.) 12-14, are due to expire on September 
19, 2017. The Acting Under Secretary for Public Diplomacy and Public 
Affairs, United States Department of State, has determined that 
conditions warrant the continued imposition of import restrictions on 
certain archaeological materials and the addition of import 
restrictions on certain ethnological materials from Mali. The 
Designated List of cultural property described in CBP Dec. 07-77 is 
revised in this document to reflect the addition of ethnological 
materials to include manuscripts dating between the twelfth and 
twentieth centuries in paper. The import restrictions imposed on the 
archaeological and ethnological materials from Mali will be in effect 
for a five-year period, and the CBP regulations are being amended 
accordingly to reflect this extension through September 19, 2022. These 
restrictions are being imposed pursuant to determinations of the United 
States Department of State made under the terms of the Convention on 
Cultural Property Implementation Act, which implements 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.

DATES: Effective September 19, 2017.

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

SUPPLEMENTARY INFORMATION: 

Background

    Pursuant to the provisions of the Convention on Cultural Property 
Implementation Act (hereafter, ``the Cultural Property Implementation 
Act'' or ``the Act'' (Pub. L. 97-446, 19 U.S.C. 2601 et seq.)), which 
implements 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 (hereinafter, the Convention) in U.S. law, the United 
States may enter into international agreements with another State Party 
to the Convention to impose import restrictions on eligible 
archaeological and ethnological materials under procedures and 
requirements prescribed by the Act.
    In certain limited circumstances, the Cultural Property 
Implementation Act authorizes the imposition of restrictions on an 
emergency basis (19 U.S.C. 2603(c)(1)). Under the Act and the 
applicable CBP regulations (19 CFR 12.104g(b)), emergency restrictions 
are effective for no more than five years from the date of the State 
Party's request and may be extended for three years

[[Page 43693]]

where it is determined that the emergency condition continues to apply 
with respect to the covered materials (19 U.S.C. 2603(c)(3)); such 
restrictions may also be continued pursuant to an agreement concluded 
within the meaning of the Act (19 U.S.C. 2603(c)(4)).
    On September 23, 1993, under the authority of the Cultural Property 
Implementation Act, the former U.S. Customs Service published Treasury 
Decision (T.D.) 93-74 in the Federal Register (58 FR 49428) imposing 
emergency import restrictions on archaeological objects from the region 
of the Niger River Valley of Mali and the Bandiagara Escarpment 
(Cliff), Republic of Mali (Mali) and accordingly amended 19 CFR 
12.104g(b).
    On September 19, 1997, the United States entered into a bilateral 
agreement with Mali that continued without interruption the import 
restrictions previously placed on the same archaeological material. On 
September 23, 1997, the former U.S. 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. (T.D. 97-80 also removed the emergency 
restrictions for Mali from 19 CFR 12.104g(b).)
    Under the Act and applicable U.S. Customs and Border Protection 
(CBP) regulations (19 CFR 12.104g), the restrictions 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 (19 U.S.C. 
2602(b)). This period may be extended for additional periods, each such 
period not to exceed five years, where it is determined that the 
factors justifying the initial agreement still pertain and no cause for 
suspension of the agreement exists (19 U.S.C. 2602(e); 19 CFR 
12.104g(a)). On September 20, 2002, the former U.S. 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.
    On September 19, 2007, CBP published CBP Decision (Dec.) 07-77 in 
the Federal Register (72 FR 53414), which amended 19 CFR 12.104g(a) to 
reflect the extension and amendment of the import restrictions for 
Mali. The 2007 amendment added import restrictions on new subcategories 
of objects throughout Mali from the Paleolithic Era (Stone Age) to 
approximately the mid-eighteenth century in the amended Designated List 
for an additional period of five years until September 19, 2012.
    On September 19, 2012, CBP published CBP Dec. 12-14 in the Federal 
Register (77 FR 58020), which amended 19 CFR 12.104g(a) to reflect the 
extension of the import restrictions for an additional period of five 
years until September 19, 2017.
    On March 14, 2017, by publication in the Federal Register (82 FR 
13706), the United States Department of State proposed to extend the 
Agreement between the United States and Mali concerning the imposition 
of import restrictions on archaeological material from Mali from the 
Paleolithic Era (Stone Age) to approximately the mid-eighteenth 
century. Pursuant to the statutory and decision-making process, the 
Designated List of materials covered by the restrictions is being 
amended to include certain ethnological materials, specifically 
manuscripts dating between the twelfth and twentieth centuries in 
paper. Thus, the Agreement now covers both the previously covered 
archaeological materials, as set forth in the Designated List published 
in CBP Dec. 07-77, and the additional ethnological materials (see 19 
U.S.C. 2604, authorizing the Secretary of the Treasury, by regulation, 
to promulgate and, when appropriate, revise the list of designated 
archaeological and/or ethnological materials covered by an agreement 
between State Parties to the Convention).
    On August 7, 2017, the Acting Under Secretary for Public Diplomacy 
and Public Affairs, United States Department of State, determined that 
the cultural heritage of Mali continues to be in jeopardy from pillage 
of certain archaeological materials and is also in jeopardy from the 
pillage of certain ethnological materials. The Acting Under Secretary 
made the necessary determination to extend the import restrictions for 
an additional five-year period to September 19, 2022, and to include in 
their coverage ethnological materials, specifically manuscripts dating 
between the twelfth and twentieth centuries in paper. An international 
agreement has been concluded reflecting the extension of the Agreement 
and, pursuant to the Agreement, the import restrictions are being 
extended, as described in this document and as applicable to the 
revised Designated List set forth in this document. Thus, CBP is 
amending 19 CFR 12.104g(a) accordingly. Importation of covered 
materials from Mali will be restricted through September 19, 2022. 
Importation of such materials from Mali continues to be restricted 
through that date unless the conditions set forth in 19 U.S.C. 2606 and 
19 CFR 12.104c are met.
    In this document, the Designated List of articles that was 
published in CBP Dec. 07-77 is amended to include ethnological 
materials comprised of manuscripts dating between the twelfth and 
twentieth centuries in paper. The articles described in the Designated 
List set forth below are protected pursuant to the Agreement.

Amended Designated List

    This Designated List, amended as set forth in this document, 
includes archaeological material that originates in Mali, ranging in 
date from the Paleolithic Era (Stone Age) to approximately the mid-
eighteenth century A.D. These materials include, but are not limited 
to, objects of ceramic, leather, metal, stone, glass, textiles, and 
wood. The Designated List also includes a certain category of 
ethnological material, namely manuscripts dating between the twelfth 
and twentieth centuries in paper. The Designated List and more 
information on the import restrictions can be obtained from the Mali 
country section of the International Cultural Property Protection Web 
site at http://exchanges.state.gov/heritage/culprop/mlfact.html.
    The list set forth below is representative only. Any dimensions are 
approximate.
Archaeological Material (Dating 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 Djenn[eacute]-Djeno 
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: 2 to 20 in.)
    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.

[[Page 43694]]

Includes quadrupeds. (H: 2 to 16 in.)
B. Common Vessels.
    1. Funerary jars, ocher in color, often stamped with chevrons. (H: 
20 to 32 in.)
    2. Globular vases often stamped with chevrons and serpentine forms. 
(H: under 4 in.)
    3. Bottles with a long neck and a belly that is either globular or 
streamlined. Some have lids shaped like a bird's head.
    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 pots made on three or four legs or feet resting on 
a stand.
    5. Kitchen pottery of the Tellem culture with the paddle-and-anvil 
technique decorated with impressions from woven mats.
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 copper, bronze, iron, and gold 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 in.)
    b. Zoomorphic figures, such as the bull and the snake.
    2. Bells (H: 4 to 5 in.) and finger bells (H: 2 to 3 in.).
    3. Pendants, known to depict a bull's head or a snake. (H: 2 to 4 
in.)
    4. Bracelets, known to depict a snake (Diameter: 5 to 6 in.).
    5. Bracelets, known to be shaped as a head and antelope (Diameter: 
3 to 4 in.).
    6. Finger rings.
B. Iron.
    1. Figures/Statues.
    a. Anthropomorphic figures. (H: 5 to 30 in.)
    b. Zoomorphic figures, sometimes representing a serpent. (H: 5 to 
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. Beads in carnelian (faceted) and other types of stone.
B. Quartz lip plugs.
C. Funerary stelae (headstones) inscribed in Arabic.
D. Chipped stone 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, and 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 to 24 in.)
    2. Zoomorphic figures--depicting horses and other animals. (H: 10 
to 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.
Ethnological Material
VIII. Manuscripts
    Manuscripts and portions thereof from the Mali Empire, Songhai 
Empire, pre-Colonial, and French Colonial periods of Mali (twelfth to 
early twentieth centuries), including but not limited to Qur'ans and 
other religious texts, letters, treatises, doctrines, essays or other 
such papers spanning the subjects of astronomy, law, Islam, philosophy, 
mathematics, governance, medicine, slavery, commerce, poetry, and 
literature, either as single leaves or bound as a book (or ``codex''), 
and written in Arabic using the Kufic, Hijazi, Maghribi, Saharan, 
Sudani, Suqi, Nashk, or Ajami scripts written on paper.

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 
under 5 U.S.C. 553(a)(1). In addition, CBP has determined that such 
notice or public procedure would be impracticable and contrary to the 
public interest because the action being taken is essential to avoid 
interruption of the application of the existing import restrictions (5 
U.S.C. 553(b)(B)). 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 Orders 12866 and 13771

    This rule is not a significant regulatory action for purposes of 
Executive Order 12866 or Executive Order 13771.

Signing Authority

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

[[Page 43695]]

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 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.  12.104(g)   [Amended]

0
2. In Sec.  12.104g, paragraph (a), the table is amended in the entry 
for ``Mali'' by:
0
a. In the column headed ``Cultural Property,'' after the word 
``century'' add the following words: ``, and ethnological materials 
dating between the twelfth and twentieth centuries'', and
0
b. In the column headed ``Decision No.,'' by removing ``12-14'' and 
replacing it with ``17-12''.

    Dated: September 15, 2017.
Ronald D. Vitiello,
Acting Deputy Commissioner, U.S. Customs and Border Protection.
    Approved:
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2017-20056 Filed 9-15-17; 4:15 pm]
 BILLING CODE 9111-14-P