[Federal Register Volume 82, Number 232 (Tuesday, December 5, 2017)]
[Rules and Regulations]
[Pages 57346-57351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26278]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Part 12

[CBP Dec. 17-19]
RIN 1515-AE34


Emergency Import Restrictions Imposed on Archaeological and 
Ethnological Materials From Libya

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 emergency import 
restrictions on certain archaeological and ethnological materials from 
Libya. The Acting Under Secretary for Public Diplomacy and Public 
Affairs, United States Department of State, has determined that 
conditions warrant the imposition of emergency import restrictions on 
categories of archaeological and ethnological materials from Libya, 
which represent the cultural heritage of Libya. This document contains 
the Designated List of Archaeological and Ethnological Material of 
Libya that describes the types of objects or categories of 
archaeological or ethnological material to which the import 
restrictions apply. The emergency import restrictions imposed on 
certain archaeological and ethnological materials from Libya will be in 
effect for a five-year period. 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 on December 5, 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) 325-0030, ot-otrrculturalproperty@cbp.dhs.gov. For operational aspects, William R. 
Scopa, Branch Chief, Partner Government Agencies Branch, Trade Policy 
and Programs, Office of Trade, (202) 863-6554, 
William.R.Scopa@cbp.dhs.gov.

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 (hereinafter, ``1970 
UNESCO Convention'' or ``the Convention'' (823 U.N.T.S. 231 (1972))). 
The United States implemented the Convention in U.S. law through the 
Convention on Cultural Property Implementation Act (hereafter,

[[Page 57347]]

``the Cultural Property Implementation Act'' or ``the Act'' (Pub. L. 
97-446, 19 U.S.C. 2601 et seq.)). 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 which they originate and contribute to greater international 
understanding of our common heritage.
    Pursuant to the provisions of the Act, 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). The 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 where it is 
determined that the emergency condition continues to apply with respect 
to the covered materials (19 U.S.C. 2603(c)(3)). These restrictions may 
also be continued pursuant to an agreement concluded within the meaning 
of the Act (19 U.S.C. 2603(c)(4)).
    Under Article 9 of the 1970 UNESCO Convention, as contemplated at 
19 U.S.C. 2602(a), the Government of Libya, a State Party to the 1970 
UNESCO Convention, requested that import restrictions be imposed on 
certain archaeological and ethnological material, the pillage of which 
jeopardizes the cultural heritage of Libya. The Act authorizes the 
President (or designee) to apply import restrictions on an emergency 
basis if the President determines that an emergency condition applies 
with respect to any archaeological or ethnological material of any 
requesting state (19 U.S.C. 2603).
    On September 22, 2017, the Acting Under Secretary for Public 
Diplomacy and Public Affairs, acting pursuant to delegated authority, 
made the determinations necessary under the Act for the emergency 
implementation of import restrictions on categories of archaeological 
and ethnological material from Libya. The Designated List below sets 
forth the categories of material that the import restrictions apply to. 
Thus, CBP is amending 19 CFR 12.104g(b) accordingly.
    Importation of covered materials from Libya will be restricted for 
a five-year period until May 30, 2022. Importation of such materials 
from Libya 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.

Designated List of Archaeological and Ethnological Material of Libya

    The Designated List covers archaeological material of Libya and 
Ottoman ethnological material of Libya (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. 
The archaeological materials represent the following periods and 
cultures: Paleolithic, Neolithic, Punic, Greek, Roman, Byzantine, 
Islamic and Ottoman dating approximately 12,000 B.C. to 1750 A.D. The 
ethnological materials represent categories of Ottoman objects derived 
from sites of religious and cultural importance made from 1551 A.D. 
through 1911 A.D.
    The Designated List set forth below is representative only. Any 
dimensions are approximate.

I. Archaeological Material

A. Stone

    1. Sculpture
    a. Architectural Elements--In marble, limestone, sandstone, and 
gypsum, in addition to porphyry and granite. From temples, forts, 
palaces, mosques, synagogues, churches, shrines, tombs, monuments, 
public buildings, and domestic dwellings, including doors, door frames, 
window fittings, columns, capitals, bases, lintels, jambs, friezes, 
pilasters, engaged columns, altars, mihrabs (prayer niches), screens, 
fountains, mosaics, inlays, and blocks from walls, floors, and 
ceilings. May be plain, molded, or carved. Often decorated with motifs 
and inscriptions. Approximate date: 1st millennium B.C. to 1750 A.D.
    b. Architectural and Non-Architectural Relief Sculpture--In marble, 
limestone, sandstone, and other stone. Types include carved slabs with 
figural, vegetative, floral, geometric, or other decorative motifs, 
carved relief vases, stelae, and plaques, sometimes inscribed in Greek, 
Punic, Latin, or Arabic. Used for architectural decoration, funerary, 
votive, or commemorative monuments. Approximate date: 1st millennium 
B.C. to 1750 A.D.
    c. Monuments--In marble, limestone, and other kinds of stone. Types 
include votive statues, funerary and votive stelae, and bases and base 
revetments. These may be painted, carved with relief sculpture, 
decorated with moldings, and/or carry dedicatory or funerary 
inscriptions in Greek, Punic, Latin, or Arabic. Approximate date: 1st 
millennium B.C. to 1750 A.D.
    d. Statuary--Primarily in marble, but also in limestone and 
sandstone. Large- and small-scale, including deities, human, animal, 
and hybrid figures, as well as groups of figures in the round. Common 
types are large-scale and free-standing statuary from approximately 3 
to 8 ft. in height, life-sized portrait or funerary busts (head and 
shoulders of an individual), waist-length female busts that are either 
faceless (aniconic) and/or veiled (head or face), and statuettes 
typically 1 to 3 ft. in height. Includes fragments of statues. 
Approximate date: 1st millennium B.C. to 1750 A.D.
    e. Sepulchers--In marble, limestone, and other kinds of stone. 
Types of burial containers include sarcophagi, caskets, and chest urns. 
May be plain or have figural, geometric, or floral motifs painted on 
them, be carved in relief, and/or have decorative moldings. Approximate 
date: 1st millennium B.C. to 1750 A.D.
    2. Vessels and Containers--In marble and other stone. Vessels may 
belong to conventional shapes such as bowls, cups, jars, jugs, lamps, 
and flasks, and also include smaller funerary urns. Funerary urns can 
be egg-shaped vases with button-topped covers and may have sculpted 
portraits, painted geometric motifs, inscriptions, scroll-like handles 
and/or be ribbed.
    3. Furniture--In marble and other stone. Types include thrones, 
tables, and beds. May be funerary, but do not have to be. Approximate 
date: 1st millennium B.C. to 15th century A.D.
    4. Inscriptions--Primarily in marble and limestone. Inscribed stone 
materials date from the late 7th century B.C. to 5th century A.D. May 
include funerary stelae, votive plaques, tombstones, mosaic floors, and 
building plaques in Greek, Punic, Latin, or Arabic. Approximate date: 
1st millennium B.C. to 1750 A.D.
    5. Tools and Weapons--In flint, chert, obsidian, and other hard 
stones. Prehistoric and Protohistoric microliths (small stone tools). 
Chipped stone types include blades, borers, scrapers, sickles, cores, 
and arrow heads. Ground stone types include grinders (e.g., mortars, 
pestles, millstones, whetstones), choppers, axes, hammers, and mace 
heads. Approximate date: 12,000 B.C. to 1,400 B.C.
    6. Jewelry, Seals, and Beads--In marble, limestone, and various 
semi-precious stones, including rock crystal, amethyst, jasper, agate, 
steatite, and carnelian. Approximate date: 1st millennium B.C. to 12th 
century A.D.

[[Page 57348]]

B. Metal

    1. Sculpture
    a. Statuary--Primarily in bronze, iron, silver, or gold, including 
fragments of statues. Large- and small-scale, including deities, human, 
and animal figures, as well as groups of figures in the round. Common 
types are large-scale, free-standing statuary from approximately 3 to 8 
ft. in height and life-size busts (head and shoulders of an individual) 
and statuettes typically 1 to 3 ft. in height. Approximate date: 1st 
millennium B.C. to 324 A.D.
    b. Reliefs--Relief sculpture, including plaques, appliques, stelae, 
and masks. Often in bronze. May include Greek, Punic, Latin, and Arabic 
inscriptions. Approximate date: 1st millennium B.C. to 324 A.D.
    c. Inscribed or Decorated Sheet--In bronze or lead. Engraved 
inscriptions, ``curse tablets,'' and thin metal sheets with engraved or 
impressed designs often used as attachments to furniture. Approximate 
date: 1st millennium B.C. to 15th century A.D.
    2. Vessels and Containers--In bronze, silver, and gold. These may 
belong to conventional shapes such as bowls, cups, jars, jugs, 
strainers, cauldrons, and oil lamps, or may occur in the shape of an 
animal or part of an animal. Also include scroll and manuscript 
containers for Islamic, Jewish, or Christian manuscripts. All can 
portray deities, humans or animals, as well as floral motifs in relief. 
Islamic Period objects may be inscribed in Arabic. Approximate date: 
1st millennium B.C. to 15th century A.D.
    3. Jewelry and Other Items for Personal Adornment--In iron, bronze, 
silver, and gold. Metal can be inlaid (with items such as red coral, 
colored stones, and glass). Types include necklaces, chokers, 
pectorals, rings, beads, pendants, belts, belt buckles, earrings, 
diadems, straight pins and fibulae, bracelets, anklets, girdles, belts, 
mirrors, wreaths and crowns, make-up accessories and tools, metal 
strigils (scrapers), crosses, and lamp-holders. Approximate date: 1st 
millennium B.C. to 15th century A.D.
    4. Seals--In lead, tin, copper, bronze, silver, and gold. Types 
include rings, amulets, and seals with shank. Approximate date: 1st 
millennium B.C. to 15th century A.D.
    5. Tools--In copper, bronze and iron. Types include hooks, weights, 
axes, scrapers, trowels, keys and the tools of crafts persons such as 
carpenters, masons and metal smiths. Approximate date: 1st millennium 
B.C. to 15th century A.D.
    6. Weapons and Armor--Body armor, including helmets, cuirasses, 
shin guards, and shields, and horse armor often decorated with 
elaborate engraved, embossed, or perforated designs. Both launching 
weapons (spears and javelins) and weapons for hand to hand combat 
(swords, daggers, etc.). Approximate date: 8th century B.C. to 4th 
century A.D.
    7. Coins
    a. General--Examples of many of the coins found in ancient Libya 
may be found in: A. Burnett and others, Roman Provincial Coinage, 
multiple volumes (British Museum Press and the Biblioth[egrave]que 
Nationale de France, 1992-), R.S. Poole and others, Catalogue of Greek 
Coins in the British Museum, volumes 1-29 (British Museum Trustees 
1873-1927) and H. Mattingly and others, Coins of the Roman Empire in 
the British Museum, volumes 1-6 (British Museum Trustees 1923-62). For 
Byzantine coins, see Grierson, Philip, Byzantine Coins, London, 1982. 
For publication of examples of coins circulating in archaeological 
sites, see La moneta di Cirene e della Cirenaica nel Mediterraneo. 
Problemi e Prospettive, Atti del V Congresso Internazionale di 
Numismatica e di Storia Monetaria, Padova, 17-19 marzo 2016, Padova 
2016 (Numismatica Patavina, 13).
    b. Greek Bronze Coins--Struck by city-states of the Pentapolis, 
Carthage and the Ptolemaic kingdom that operated in territory of the 
Cyrenaica in eastern Libya. Approximate date: 4th century B.C. to late 
1st century B.C.
    c. Greek Silver and Gold Coins--This category includes coins of the 
city-states of the Pentapolis in the Cyrenaica and the Ptolemaic 
Kingdom. Coins from the city-state of Cyrene often bear an image of the 
silphium plant. Such coins date from the late 6th century B.C. to late 
1st century B.C.
    d. Roman Coins--In silver and bronze, struck at Roman and Roman 
provincial mints including Apollonia, Barca, Balagrae, Berenice, 
Cyrene, Ptolemais, Leptis Magna, Oea, and Sabratha. Approximate date: 
late 3rd century B.C. to 1st century A.D.
    e. Byzantine Coins--In bronze, silver, and gold by Byzantine 
emperors. Struck in Constantinople and other mints. From 4th century 
A.D. through 1396 A.D.
    f. Islamic Coins--In bronze, silver, and gold. Dinars with Arabic 
inscriptions inside a circle or square, may be surrounded with symbols. 
Struck at mints in Libya (Barqa) and adjacent regions. From 642 A.D. to 
15th century A.D.
    g. Ottoman--Struck at mints in Istanbul and Libya's neighboring 
regions. Approximate date: 1551 A.D. through 1750 A.D.

C. Ceramic and Clay

    1. Sculpture
    a. Architectural Elements--Baked clay (terracotta) elements used to 
decorate buildings. Elements include acroteria, antefixes, painted and 
relief plaques, revetments. Approximate date: 1st millennium B.C. to 30 
B.C.
    b. Architectural Decorations--Including carved and molded brick, 
and tile wall ornaments and panels.
    c. Statuary--Large- and small-scale. Subject matter is varied and 
includes deities, human and animal figures, human body parts, and 
groups of figures in the round. May be brightly colored. These range 
from approximately 4 to 40 in. in height. Approximate date: 1st 
millennium B.C. to 3rd century A.D.
    d. Terracotta Figurines--Terracotta statues and statuettes, 
including deities, human, and animal figures, as well as groups of 
figures in the round. Late 7th century B.C. to 3rd century A.D.
    2. Vessels
    a. Neolithic Pottery--Handmade, often decorated with a lustrous 
burnish, decorated with applique[acute] and/or incision, sometimes with 
added paint. These come in a variety of shapes from simple bowls and 
vases to large storage jars. Approximate date: 10th millennium B.C. to 
3rd millennium B.C.
    b. Greek Pottery--Includes both local and imported fine and coarse 
wares and amphorae. Also imported Attic Black Figure, Red Figure and 
White Ground Pottery--these are made in a specific set of shapes (e.g., 
amphorae, kraters, hydriae, oinochoi, kylikes) decorated with black 
painted figures on a clear clay ground (Black Figure), decorative 
elements in reserve with background fired black (Red Figure), and 
multi-colored figures painted on a white ground (White Ground). 
Corinthian Pottery--Imported painted pottery made in Corinth in a 
specific range of shapes for perfume and unguents and for drinking or 
pouring liquids. The very characteristic painted and incised designs 
depict human and animal figural scenes, rows of animals, and floral 
decoration. Approximate date: 8th century B.C. to 6th century B.C.
    c. Punic and Roman Pottery--Includes fine and coarse wares, 
including terra sigillata and other red gloss wares, and cooking wares 
and mortaria, storage and shipping amphorae.
    d. Byzantine Pottery--Includes undecorated plain wares, lamps, 
utilitarian, tableware, serving and storage jars, amphorae, special 
shapes such as pilgrim flasks. Can be matte

[[Page 57349]]

painted or glazed, including incised ``sgraffitto'' and stamped with 
elaborate polychrome decorations using floral, geometric, human, and 
animal motifs. Approximate date: 324 A.D. to 15th century A.D.
    e. Islamic and Ottoman Pottery--Includes plain or utilitarian wares 
as well as painted wares.
    f. Oil Lamps and Molds--Rounded bodies with a hole on the top and 
in the nozzle, handles or lugs and figural motifs (beading, rosette, 
silphium). Include glazed ceramic mosque lamps, which may have a 
straight or round bulbous body with flared top, and several branches. 
Approximate date: 1st millennium B.C. to 15th century A.D.
    3. Objects of Daily Use--Including game pieces, loom weights, toys, 
and lamps.

D. Glass, Faience, and Semi-Precious Stone

    1. Architectural Elements--Mosaics and glass windows.
    2. Vessels--Shapes include small jars, bowls, animal shaped, 
goblet, spherical, candle holders, perfume jars (unguentaria), and 
mosque lamps. Those from prehistory and ancient history may be engraved 
and/or colorless or blue, green or orange, while those from the Islamic 
Period may include animal, floral, and/or geometric motifs. Approximate 
date: 1st millennium B.C. to 15th century A.D.
    3. Beads--Shapes include small jars, bowls, animal shaped, goblet, 
spherical, candle holders, perfume jars (unguentaria). Approximate 
date: 1st millennium B.C. to 15th century A.D.
    4. Mosque Lamps--May have a straight or round bulbous body with 
flared top, and several branches. Approximate date: 642 A.D. to 1750 
A.D.

E. Mosaic

    1. Floor Mosaics--Including landscapes, scenes of deities, humans, 
or animals, and activities such as hunting and fishing. There may also 
be vegetative, floral, or geometric motifs and imitations of stone. 
Often have religious imagery. They are made from stone cut into small 
bits (tesserae) and laid into a plaster matrix. Approximate date: 5th 
century B.C. to 4th century A.D.
    2. Wall and Ceiling Mosaics--Generally portray similar motifs as 
seen in floor mosaics. Similar technique to floor mosaics, but may 
include tesserae of both stone and glass. Approximate date: 5th century 
B.C. to 4th century A.D.

F. Painting

    1. Rock Art--Painted and incised drawings on natural rock surfaces. 
There may be human, animals, geometric and/or floral motifs. Include 
fragments. Approximate date: 12,000 B.C. to 100 A.D.
    2. Wall Painting--With figurative (deities, humans, animals), 
floral, and/or geometric motifs, as well as funerary scenes. These are 
painted on stone, mud plaster, lime plaster (wet--buon fresco--and 
dry--secco fresco), sometimes to imitate marble. May be on domestic or 
public walls as well as in tombs. Approximate date: 1st millennium B.C. 
to 1551 A.D.

G. Plaster

    Stucco reliefs, plaques, stelae, and inlays or other architectural 
decoration in stucco.

H. Textiles, Basketry, and Rope

    1. Textiles--Linen cloth was used in Greco-Roman times for mummy 
wrapping, shrouds, garments, and sails. Islamic textiles in linen and 
wool, including garments and hangings.
    2. Basketry--Plant fibers were used to make baskets and containers 
in a variety of shapes and sizes, as well as sandals and mats.
    3. Rope--Rope and string were used for a great variety of purposes, 
including binding lifting water for irrigation, fishing nets, 
measuring, and stringing beads for jewelry and garments.

I. Bone, Ivory, Shell, and Other Organics

    1. Small Statuary and Figurines--Subject matter includes human, 
animal, and hybrid figures, and parts thereof as well as groups of 
figures in the round. These range from approximately 4 to 40 in. in 
height. Approximate date: 1st millennium B.C. to 15th century A.D.
    2. Reliefs, Plaques, Stelae, and Inlays--Carved and sculpted. May 
have figurative, floral and/or geometric motifs.
    3. Personal Ornaments and Objects of Daily Use--In bone, ivory, and 
spondylus shell. Types include amulets, combs, pins, spoons, small 
containers, bracelets, buckles, and beads. Approximate date: 1st 
millennium B.C. to 15th century A.D.
    4. Seals and Stamps--Small devices with at least one side engraved 
with a design for stamping or sealing; they can be discoid, cuboid, 
conoid, or in the shape and animals or fantastic creatures (e.g., a 
scarab). Approximate date: 1st millennium B.C. to 2nd millennium B.C.
    5. Luxury Objects--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, seals, and vessels made of ostrich 
egg shell.

J. Wood

    Items such as tablets (tabulae), sometimes pierced with holes on 
the borders and with text written in ink on one or both faces, 
typically small in size (4 to 12 in. in length), recording sales of 
property (such as slaves, animals, grain) and other legal documents 
such as testaments. Approximate date: late 2nd to 4th centuries A.D.

II. Ottoman Ethnological Material

A. Stone

    1. Architectural Elements--The most common stones are marble, 
limestone, and sandstone. From sites such as forts, palaces, mosques, 
shrines, tombs, and monuments, including doors, door frames, window 
fittings, columns, capitals, bases, lintels, jambs, friezes, pilasters, 
engaged columns, altars, mihrabs (prayer niches), screens, fountains, 
mosaics, inlays, and blocks from walls, floors, and ceilings. Often 
decorated in relief with religious motifs.
    2. Architectural and Non-Architectural Relief Sculpture--In marble, 
limestone, and sandstone. Types include carved slabs with religious, 
figural, floral, or geometric motifs, as well as plaques and stelae, 
sometimes inscribed.
    3. Statuary--Primarily in marble, but also in limestone and 
sandstone. Large- and small-scale, such as human (including historical 
portraits or busts) and animal figures.
    4. Sepulchers--In marble, limestone, and other kinds of stone. 
Types of burial containers include sarcophagi, caskets, coffins, and 
chest urns. May be plain or have figural, geometric, or floral motifs 
painted on them, be carved in relief, and/or have decorative moldings.
    5. Inscriptions, Memorial Stones, and Tombstones--Primarily in 
marble, most frequently engraved with Arabic script.
    6. Vessels and Containers--Include stone lamps and containers such 
as those used in religious services, as well as smaller funerary urns.

B. Metal

    1. Architectural Elements--Primarily copper, brass, lead, and 
alloys. From sites such as forts, palaces, mosques, shrines, tombs, and 
monuments, including doors, door fixtures, other lathes, chandeliers, 
screens, and sheets to protect domes.
    2. Architectural and Non-Architectural Relief Sculpture--

[[Page 57350]]

Primarily bronze and brass. Includes appliques, plaques, and stelae. 
Often with religious, figural, floral, or geometric motifs. May have 
inscriptions in Arabic.
    3. Vessels and Containers--In brass, copper, silver, or gold, 
plain, engraved, or hammered. Types include jugs, pitchers, plates, 
cups, lamps, and containers used for religious services (like Koran 
boxes). Often engraved or otherwise decorated.
    4. Jewelry and Personal Adornments--In a wide variety of metals 
such as iron, brass, copper, silver, and gold. Includes rings and ring 
seals, head ornaments, earrings, pendants, amulets, bracelets, 
talismans, and belt buckles. May be adorned with inlaid beads, 
gemstones, and leather.
    5. Weapons and Armor--Often in iron or steel. Includes daggers, 
swords, saifs, scimitars, other blades, with or without sheaths, as 
well as spears, firearms, and cannons. Ottoman types may be inlaid with 
gemstones, embellished with silver or gold, or engraved with floral or 
geometric motifs and inscriptions. Grips or hilts may be made of metal, 
wood, or even semi-precious stones such as agate, and bound with 
leather. Armor consisting of small metal scales, originally sewn to a 
backing of cloth or leather, and augmented by helmets, body armor, 
shields, and horse armor.
    6. Ceremonial Paraphernalia--Including boxes (such as Koran boxes), 
plaques, pendants, candelabra, stamp and seal rings.
    7. Musical Instruments--In a wide variety of metals. Includes 
cymbals and trumpets.

C. Ceramic and Clay

    1. Architectural Decorations--Including carved and molded brick, 
and engraved and/or painted tile wall ornaments and panels, sometimes 
with Arabic script. May be from forts, palaces, mosques, shrines, 
tombs, or monuments.
    2. Vessels and Containers--Includes glazed, molded, and painted 
ceramics. Types include boxes, plates, lamps, jars, and flasks. May be 
plain or decorated with floral or geometric patterns, or Arabic script, 
primarily using blue, green, brown, black, or yellow colors.

D. Wood

    1. Architectural Elements--From sites such as forts, palaces, 
mosques, shrines, tombs, monuments, and madrassas, including doors, 
door fixtures, panels, beams, balconies, stages, screens, ceilings, and 
tent posts. Types include doors, door frames, windows, window frames, 
walls, panels, beams, ceilings, and balconies. May be decorated with 
religious, geometric or floral motifs or Arabic script.
    2. Architectural and Non-Architectural Relief Sculpture--Carved and 
inlaid wood panels, rooms, beams, balconies, stages, panels, ceilings, 
and doors, frequently decorated with religious, floral, or geometric 
motifs. May have script in Arabic or other languages.
    3. Koran Boxes--May be carved and inlaid, with decorations in 
religious, floral, or geometric motifs, or Arabic script.
    4. Study Tablets--Arabic inscribed training boards for teaching the 
Quran.

E. Bone and Ivory

    1. Ceremonial Paraphernalia--Types include boxes, reliquaries (and 
their contents), plaques, pendants, candelabra, stamp and seal rings.
    2. Inlays--For religious decorative and architectural elements.

F. Glass

    Vessels and containers in glass from mosques, shrines, tombs, and 
monuments, including glass and enamel mosque lamps and ritual vessels.

G. Textiles

    In linen, silk, and wool. Religious textiles and fragments from 
mosques, shrines, tombs, and monuments, including garments, hangings, 
prayer rugs, and shrine covers.

H. Leather and Parchment

    1. Books and Manuscripts--Either as sheets or bound volumes. Text 
is often written on vellum or other parchment (cattle, sheep, goat, or 
camel) and then gathered in leather bindings. Paper may also be used. 
Types include the Koran and other Islamic books and manuscripts, often 
written in brown ink, and then further embellished with colorful floral 
or geometric motifs.
    2. Musical Instruments--Leather drums of various sizes (e.g., 
bendir drums used in Sufi rituals, wedding processions and Mal'uf 
performances).

I. Painting and Drawing

    Ottoman Period paintings may depict courtly themes (e.g., rulers, 
musicians, riders on horses) and city views, among other topics.

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 section 553(a)(1) of the Administrative Procedure Act (``APA'') 
(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 implement 
emergency 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

    CBP has determined that this document is not a regulation or rule 
subject to the provisions of Executive Order 12866 or Executive Order 
13771 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 and section 4(a) of Executive 
Order 13771.

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 and the specific 
authority citation for Sec.  12.104g continue to read as follows:

    Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 3(i), 
Harmonized Tariff Schedule of the United States (HTSUS)), 1624;
* * * * *
Sections 12.104 through 12.104i also issued under 19 U.S.C. 2612;
* * * * *


Sec.  12.104g  [Amended]

0
2. In Sec.  12.104g, paragraph (b), the table is amended by:
0
a. Adding ``Libya'' in the column headed ``State party'',
0
b. Adding the words ``Archaeological material and ethnological material 
from

[[Page 57351]]

Libya'' in the column headed ``Cultural property'', and
0
c. Adding ``CBP Dec. 17-19 '' in the column headed ``Decision No.''.

    Dated: December 1, 2017.
Kevin K. McAleenan,
Acting Commissioner, U.S. Customs and Border Protection.

    Approved:
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2017-26278 Filed 12-1-17; 4:15 pm]
 BILLING CODE 9111-14-P