[Federal Register Volume 85, Number 197 (Friday, October 9, 2020)]
[Rules and Regulations]
[Pages 64020-64025]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22573]



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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Part 12

[CBP Dec. 20-16]
RIN 1515-AE58


Import Restrictions Imposed on Archaeological Material From Chile

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 the imposition of import restrictions on 
certain archaeological material from the Republic of Chile (Chile). 
These restrictions are being imposed pursuant to an agreement between 
the United States and Chile that has been entered into under the 
authority of the Convention on Cultural Property Implementation Act. 
The final rule amends the CBP regulations by adding Chile to the list 
of countries which have a bilateral agreement with the United States 
that imposes 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 on October 7, 2020.

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) 325-0300, [email protected]. For operational aspects, Genevieve S. 
Dozier, Management and Program Analyst, Commercial Targeting and 
Analysis Center, Trade Policy and Programs, Office of Trade, (202) 945-
2942, [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The Convention on Cultural Property Implementation Act, Public Law 
97-446, 19 U.S.C. 2601 et seq. (hereinafter, ``the Cultural Property 
Implementation Act'') 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'' (823 
U.N.T.S. 231 (1972)). Pursuant to the Cultural Property Implementation 
Act, the United States entered into a bilateral agreement with Chile to 
impose import restrictions on certain Chilean archaeological material. 
This rule announces that the United States is now imposing import 
restrictions on certain archaeological material from Chile.

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 June 12, 2019, the 
Assistant Secretary for Educational and Cultural Affairs, United States 
Department of State, after consultation with and recommendation by the 
Cultural Property Advisory Committee, made the determinations required 
under the statute with respect to certain archaeological material 
originating in Chile that is described in the Designated List set forth 
below in this document.
    These determinations include the following: (1) That the cultural 
patrimony of Chile is in jeopardy from the pillage of archaeological 
material representing Chile's cultural heritage dating from 
approximately 31,000 B.C. to 250 years before the signing of the 
Agreement; (2) that the Chilean 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 or ethnological material of 
the State Party'' (19 U.S.C. 2601(2)).

The Agreement

    On May 7, 2020, the United States and Chile signed a bilateral 
agreement, ``Memorandum of Understanding between the Government of the 
United States of America and the Government of Chile Concerning the 
Imposition of Import Restrictions on Categories of Archaeological 
Material of Chile'' (``the Agreement''), pursuant to the provisions of 
19 U.S.C. 2602(a)(2). The Agreement enters into force on September 30, 
2020, and enables the promulgation of import restrictions on categories 
of archaeological material representing Chile's cultural heritage 
ranging in date from the Paleoindian period (approximately 31,000-8000 
B.C.) to the Huri Moai phase in Chile (A.D. 1680-1868). 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 title 19 of the Code of Federal 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.
    Import restrictions listed at 19 CFR 12.104g(a) are effective for 
no more than five years beginning on the date on which the Agreement 
enters into force with respect to the United States. This period may be 
extended for additional periods of not more than five years if it is 
determined that the factors which justified the Agreement still pertain 
and no cause for suspension of the Agreement exists. The import 
restrictions will expire on September 30, 2025, unless extended.

Designated List of Archaeological Material of Chile

    The Agreement between the United States and Chile includes, but is 
not limited to, the categories of objects described in the Designated 
List set forth below. Importation of material on this list is 
restricted unless the material is accompanied by documentation 
certifying that the material left Chile legally and not in violation of 
the export laws of Chile.
    The Designated List includes archaeological material in stone, 
metal, ceramic, and organic tissue ranging in date from approximately 
31,000 B.C. to 1868 A.D.

Archaeological Material

    Approximate chronology of well-known archaeological sites, 
traditions, and cultures: Archaeological material covered by the 
Agreement is associated with the diverse cultural groups that resided 
in Chile's five cultural zones on the mainland: the Arid North, the 
Semi-arid North, Central Chile, Southern Chile, and the Far South; and 
on Rapa

[[Page 64021]]

Nui (formerly Easter Island) in Polynesia.

The Arid North, the Semi-Arid North, Central Chile, and Southern Chile

    Prehistoric archaeological material from the Arid North, the Semi-
arid North, Central Chile, and Southern Chile dates from the earliest 
human presence, currently dated to approximately 31,000 B.C., to the 
end of the Arauco war in A.D. 1772.
    (a) Paleoindian period: Groups of terminal Pleistocene terrestrial 
hunter-gatherers: Monteverde and Pilauco (c. 31,000-8000 B.C.); Santa 
Julia (10,000 B.C.); Quebrada de Mani-12 (11,000-9000 B.C.); Tagua 
Tagua 1 and 2 (13,500-10,800 B.C.); and Austral hunters (before 10,000 
B.C.).
    (b) Early Archaic period: Groups of land and sea Holocene hunter-
gatherers: San Pedro Viejo de Pichasca Tradition (8000 B.C.); Alero 
Marifilo 1 (10,000-2000 B.C.); Huentelauqu[eacute]n Complex (11,500-
8000 B.C.); Piuquenes Cavern (10,076-9373 B.C.); Alero El Manzano 
(10,140-8564 B.C.).
    (c) Middle Archaic period: Chinchorro (8500-2000 B.C.); Talcahuense 
coastal hunter-gatherers (4500-2000 B.C.); Papudo and Morrillos Complex 
(7000-3000 B.C.); Cuchipuy site (7291-6643 B.C.); El Manzano 3, La 
Batea 1 and Tagua Tagua 2 sites (7000-3000 B.C.).
    (d) Late Archaic period: Caleta Huel[eacute]n-42 (4780-3780 B.C.); 
Caramucho-3 (4030 B.C.); Alero Punta Colorada (3,000-1 B.C.); and 
Guanaqueros Complex (3000 B.C.).
    (e) Early Pottery period: Alto Ram[iacute]rez and Faldas del Morro 
Phases (500 B.C.-A.D 200); El Molle Culture (300 B.C.-A.D. 800); Caleta 
Huel[eacute]n-7, 10, 20 and 43 (450 B.C.-A.D. 820); Guatacondo-1 (900 
B.C.-A.D. 200); Ramaditas (900 B.C.-A.D. 200); Pitr[eacute]n Complex 
(A.D. 350-1000); Llolleo Complex (A.D. 200-1200); and Bato Groups (A.D. 
200-1200).
    (f) Middle Pottery period: Tiwanaku-influenced cultures (A.D. 600-
1000); Caserones-1 (350 B.C.-A.D. 900); and San Pedro de Atacama 
Culture (500 B.C.-A.D. 1470).
    (g) Late Intermediate Pottery period: Arica Culture (A.D. 1000-
1450); Pica-Tarapac[aacute] Complex (A.D. 900-1450); Cami[ntilde]a 
(A.D. 1200-1400); Diaguita Culture (A.D. 1200-1536); and Aconcagua 
Cultural Complex (A.D. 900-1470).
    (h) Late Pottery period: Inka-influenced cultures (A.D. 1200-1450); 
El Vergel Complex (A.D. 1000-1550); and Valdivia Ceramics (A.D. 1400-
1800).

The Far South

    Archaeological material in the Far South is associated with hunter-
gatherers living in the region from the beginning of the Holocene 
through the 19th century A.D.
    (a) Early Holocene: Hunter-gatherers sites of El Chueco 1, 
Ba[ntilde]o Nuevo 1, Fell, and Pali Aike sites (10,000-8000 B.C.).
    (b) Middle Holocene: Hunter-gatherers from the Fell III cultural 
tradition (8000-5000 B.C.); early Austral canoe nomads Englefield 
tradition (6500-5000 B.C.); Northern canoe nomads (6000-5000 B.C.).
    (c) Late Holocene: Austral hunter-gatherers and canoe nomads (5,000 
B.C.-A.D. 19th century).

Rapa Nui

    Archaeological material from Rapa Nui dates from the earliest 
settlers around A.D. 400 to 1868.
    (a) Ahu Moroki phase: Rapa Nui Culture (A.D. 400-1100).
    (b) Ahu Moai phase: Rapa Nui Culture (A.D. 1100-1680).
    (c) Huri Moai phase: Rapa Nui Culture (A.D. 1680-1868).

Categories of Archaeological Material

I. Stone
II. Ceramic
III. Metal
IV. Human remains
V. Textiles
VI. Wood
VII. Bone, shell and other organic matter

I. Stone

    Stone tools marked the arrival of the first people to each region 
of Chile and continued to be used throughout history. Examples of 
archaeological stone material covered in the Agreement include the 
following objects.
    A. Chipped stone tools--Projectile points and tools for scraping, 
cutting, or perforating are made primarily from quartz crystal, quartz, 
basalt, silicate, and obsidian. Stone tools from the Arid North may be 
attached to wooden handles. A mata'a is a multifunctional Rapa Nui 
obsidian biface with a stem about 10 cm long.
    B. Hoes, axes, and shovels--Rough and unpolished medium-sized hoes, 
axes, and shovels first appeared in the Early Pottery period and 
continued to be used throughout the Arid North, the Semi-arid North, 
Central Chile, and Southern Chile. In Rapa Nui, basalt or obsidian 
chisels (toki) are carved or polished bifaces in rectangular, 
trapezoidal, cylindrical, or irregular shapes with a pointed end. 
Dimensions range from 5 cm to 25 cm.
    C. Bolas (boleadoras)--Round, oval, or pear-shaped stone balls have 
an equatorial groove where a string was tied.
    D. Pestles and mortars--A pestle is a hand-held stone used with a 
bottom mortar stone to grind grains. Late Archaic period conical 
hollowed pestles were used with flat grinding stones. Llolleo Culture 
long and rounded pestles were used with concave mortars with a defined 
grinding channel. Female figure Pre-Mapuche stone mortars have a cavity 
in the abdomen.
    E. Cup-marked stones--Large granite stones with one to dozens of 
carved cylindrical or oval cavities about 20 cm deep are associated 
with several cultures including the Papudo and Morrillos Complex.
    F. Perforated stones and spindle whorls (torteras)--Perforated 
stones are cylindrical, spherical, or ovoid stones perforated through 
the center. Spindle whorls are smaller stones of similar shape used to 
spin yarn. Diaguita culture polished stone spindle whorls are shaped 
like double axes.
    G. Stone pipes--Carved and polished stone pipes are for consuming 
hallucinogenic drugs. El Molle, Llolleo, and Pitr[eacute]n culture 
pipes are T-shaped with small cylindrical bowls and two lateral tubular 
extensions, one with a closed end and one with an open end. Bowls 
sometimes have mamiform decorations. Mapuche culture pipes and their 
predecessors (kitras) have cylindrical bodies with a small bowl in the 
center and short stem or are anthropomorphic with the bowl in the torso 
and stem at the foot. Pipes may also have zoomorphic shapes.
    H. Fishing tools--Weights for fishing lines, hooks, harpoon heads, 
and shellfish hooks from northern and central coastal archaeological 
sites are made from stone. Austral canoe nomad fishing line weights are 
made from coarse-grained pebbles with notches or grooves. Rapa Nui 
hooks are 3-10 cm long and made from black basalt, sometimes mixed with 
bone. They are elongated and curved with a semi-flat section and a 
pointed edge; the shaft is longer than the stem.
    I. Geometric stones--Early Archaic period geometric stones 
associated with Huentalauqu[eacute]n and San Pedro Viejo de Pichasca 
Complexes are igneous stone or granite carved and polished into 
circles, triangles, rectangles, and polygons. The stones are sometimes 
covered with red, orange, gray, or black pigment. Rapa Nui geometric 
stones are manufactured mainly from basalt.
    J. Toqui mano--Llolleo and Mapuche style toqui manos are 
cylindrical polished stone objects with a flat and beveled distal end, 
similar in shape to

[[Page 64022]]

an axe head. Some have vertical incisions along the edge of the blade.
    K. Beads--Necklaces and bracelets are often made of stone beads. 
Beads from the Arid and Semi-arid North are made from malachite, white 
quartz, silicate, and obsidian beginning in the Early Pottery period. 
Llolleo culture discoidal basalt beads (0.3 to 0.7 cm in diameter) are 
often mixed with malachite and greenish apatite tubular beads (about 
0.5 cm long and 0.4 cm in diameter).
    L. Labrets (tembet[aacute]s)--Tembet[aacute]s are stone ornaments 
worn in a perforation of the lower lip. They may be discoidal with 
wings, cylindrical with wings, or conical with wings. Some are fusiform 
in shape, including straight or curved bottle-shapes. Diaguita culture 
tembet[aacute]s are button-shaped with small wings. Tembet[aacute]s are 
also associated with the LLolleo culture and Bato groups.
    M. Moai--Moai are Rapa Nui anthropomorphic figures carved in 
basalt, lapilli tuff, trachyte, or red scoria. Dimensions range from 30 
cm to several meters in height. Some have high or low relief 
petroglyphs or incisions on the back and front of the figure.
    N. Rock art--Rock art includes petroglyphs (engravings) and 
pictographs (paintings) that may have been removed from large boulders 
or outcrops. Rock art from the Arid North and Semi-arid North depicts 
humans, camelids, felines, snakes, lizards, spiders, sea mammals, fish, 
turtles, other animal figures, and geometric motifs. Cave art in the 
Far South includes geometric figures, handprints, and camelids painted 
in red, black, and ochre pigments.
    O. Other polished stone objects--Late Pottery period cultures, 
including those with Inka influence, made anthropomorphic and 
zoomorphic figures (llamas, condors, snakes, etc.). Diaguita and 
Aconcagua style stone panpipes (antaras) are musical instruments 
consisting of multiple tubes. Mapuche and pre-Mapuche pendants from 
Central Chile are shaped like axe heads with a drilled hole to suspend 
the ornament. Mapuche scepters (clavas) are polished stone objects with 
a handle and head in the shape of a bird.

II. Ceramic

    The earliest-known pottery in Chile dates to about 3,000 years ago. 
Potters in the Arid North, Semi-arid North, Central Chile, and Southern 
Chile created vessels, body ornaments, pipes, and other utilitarian and 
ceremonial items. Cultures in the Far South and Rapa Nui did not 
manufacture ceramics. Examples of archaeological ceramics covered in 
the Agreement include the following objects.
Ceramics of the Arid North
    A. Early undecorated pottery--includes Faldas de Morro style large 
jars with restricted necks (on average 26 cm tall and 18 cm in 
diameter); small, shallow undecorated bowls about 4 cm tall; and large, 
deep undecorated bowls about 10 cm tall. Alto Ramirez style globular 
jars are undecorated.
    B. San Pedro de Atacama style--polished black, dark brown, or red 
pottery may be decorated with modeled faces or geometric patterns of 
incised lines. Forms include bowls about 10 cm tall; anthropomorphic 
bottles about 18 cm tall; and tall, narrow jars with straight walls and 
flat bases about 12 cm tall.
    C. Tiwanaku-influenced pottery--includes Cabuza-style lightly 
polished red ware decorated with black, or sometimes white, painted 
bands of lines, triangles, and wavy lines. Forms include jars with one 
handle, bowls, and keros (beakers). Imported fine polychrome Tiwanaku 
ceramics include jars, bowls, and keros with geometric, zoomorphic, or 
anthropomorphic painted or modeled decorations.
    D. Maytas-Chiribaya style pottery--includes bowls, jars with one 
handle, and c[aacute]ntaros (very large jars with small necks) 
decorated with elaborate geometric designs in white, black, and red 
paint on red slip, often arranged into bands.
    E. Arica culture ceramics--include San Miguel style large globular 
jars with narrow necks, keros, and smaller jars with one handle with 
white slip and black and red painted geometric figures, zigzag lines, 
and spirals. Pocoma-Gentilar style polished unslipped jars, 
c[aacute]ntaros, and cups have black, white, and red painted geometric 
figures, crosses, anthropomorphic designs, and zoomorphic designs on 
orange or white surfaces.
    F. Inka-influenced ceramics--include locally produced Inka style 
jars that are monochrome polished red or orange or have painted black 
and red geometric designs. Imported Saxamar or Inka Pacajes pottery 
includes polished red ware plates and shallow bowls with fine lines, 
dots, or small llamas painted on the interior. Imported Inka polychrome 
pottery includes plates and jars with black, red, white, and cream 
painted geometric decorations.
Ceramics of the Semi-Arid North
    G. Early pottery--includes El Molle style ceramics such as polished 
red, brown, and black cups, bottles, and jars with modeled decorations 
on the handles including animals and cultivated plants. Some cups are 
shaped like anthropomorphic kneeling figures. Some vessels are 
decorated with finely incised zones created by parallel lines, steps, 
and zigzags or with white, red and black paint. Some vessels have a 
metallic appearance created by applying pulverized hematite to the 
surface. Other Early ceramics include rough or polished red, black, or 
gray undecorated vessels. Styles include Loa, Quillagua, and Caleta 
Huel[eacute]n.
    H. Pica-Tarapac[aacute] Complex ceramics--include upright bottles, 
sometimes in anthropomorphic or zoomorphic shapes; bottles shaped like 
reclining anthropomorphic or zoomorphic figures; and asymmetrical or 
boot-shaped jars. Pottery is smoothed or polished red or black.
    I. Late Intermediate Pottery period--Altiplano black-on-red 
ceramics are decorated with black paint over red slip creating lines, 
wavy lines, and steps on the outside of jars and bottles and inside of 
bowls. Styles include Isluga Black-on-Red and Chilpe Black-on-Red.
    J. Diaguita style pottery--includes bowls with straight walls and 
round bases, often with modeled faces; bell-shaped bowls; 
anthropomorphic jars; boot-shaped jars with excised decoration; boot-
shaped anthropomorphic or zoomorphic jars; and duck-shaped vessels. 
Red, white, and black painted designs on the exterior of finely 
burnished vessels include bell-shapes, rhombuses, crosses, felines, 
dots, and crosshatching, often organized into four equal segments.
    K. Diaguita pottery with Inka influence--mixes Diaguita and Inka 
forms and designs. For example, Diaguita style straight-walled bowls 
are decorated on the interior with Inka motifs; Inka style bird-shaped 
plates have Diaguita decoration, sometimes divided into four sections; 
Inka style ar[iacute]balos have white slip and Diaguita decoration; and 
duck-shaped vessels painted with Inka designs. Some pottery closely 
imitates Cusco forms and designs, including flat or bird-shaped plates 
and ar[iacute]balos decorated with checkered patterns, hourglasses, 
double crosses, zoomorphic designs, and abstract plant motifs. Imported 
Inka polychrome pottery includes plates and jars with black, red, 
white, and cream painted geometric decorations.
Ceramics of Central Chile
    L. Early pottery--includes smoothed or polished black or dark brown 
Bato and Llolleo style bridge-handle vessels, long-neck jars, and 
vessels shaped like squashes. Anthropomorphic jars are monochrome 
polished vessels with a

[[Page 64023]]

thick strap handle connecting the neck to a molded human head with 
coffee bean eyes and prominent eyebrows and noses in a T-shape. Small, 
fine jars are decorated with wavy lines of hematite paint alternating 
with red areas. T-shaped ceramic pipes, ear plugs, and discoidal lip 
ornaments with wings (tembet[aacute]s) were also made from ceramic.
    M. Aconcagua style pottery--includes semispherical bowls and 
globular cups decorated with black painted lines on orange clay forming 
geometric decorations, zigzags, straight lines, triangles with 
pesta[ntilde]as, and trinacrio motifs.
Ceramics of Southern Chile
    N. Pitr[eacute]n style pottery--includes a wide variety of forms 
ranging from simple globular bottles to strap-handle jars in the form 
of animals, plants, or humans. Ketru metawe are asymmetrical or duck-
shaped jars. Most vessels are monochrome brown or red. Some have 
modeled decorations, incision, or negative paint. Ceramic pipes are T-
shaped and 3-5 cm long.
    O. Late red-on-white pottery, including pre-Hispanic El Vergel and 
Colonial period Valdivia styles--includes large open vessels used as 
funerary urns and ketru metawe. Vessels may be monochrome red or 
decorated with red, and sometimes black, paint over white slip creating 
geometric designs. Other forms include jars, bottles, plates, bowls, 
cups, mugs with handles, and urns. Common designs include triangles 
filled with parallel lines, horizontal bands of chevrons, bands of 
nested zigzags, vertical bands of crosshatching and diamonds, and 
hourglasses.
    P. Mapuche style pottery--includes jars with one handle (metawe), 
plates, bottles, pots (challa), bowls, large bowls, and mugs. Pottery 
is typically coarse and may be monochrome black, brown, or red-slipped. 
Asymmetrical jars are frequently painted with red or black geometric 
designs on white slip. Painted designs may be in two horizontal bands 
of opposing triangles. Some jars are duck-shaped. Later forms include 
dogs, horses, and pigs.

III. Metal

    Cultures in the Arid North, the Semi-arid North, Central Chile, and 
Southern Chile developed metallurgy and manufactured artifacts in 
copper, silver, and gold. There is no record of metallurgy among 
cultures in the Far South or Rapa Nui. Most metal artifacts from Chile 
were used for ritual and personal adornment. Examples of archaeological 
metal objects covered in the Agreement include the following objects.
    A. Personal ornaments--Several cultures made metal earrings and 
rings from copper (El Molle, San Pedro de Atacama, Llolleo, Aconcagua, 
Pitr[eacute]n, El Vergel), gold (Arica, Tiwanaku, Inka, San Pedro de 
Atacama), or silver (Arica, Inka, San Pedro de Atacama). Notable types 
include Diaguita earrings that may have quadrangular or spiral shaped 
bodies and/or stone or metal appendices. San Pedro de Atacama rings may 
be made from smooth laminar sheets or wires. Some rings have appendices 
or heads. Other San Pedro de Atacama ornaments include metal plaques, 
small bells, gold and silver disks, imitation feathers, diadems, 
headbands, ear plugs, and bracelets. Diaguita and El Vergel bracelets 
are made from copper. Arica and Aconcagua cultures made copper hooks. 
Arica and San Pedro de Atacama cultures made ornamental clothing pins 
(tupus). Mapuche tupus were made from copper and silver.
    B. Domestic and ceremonial tools--Functional metal axes are 
associated with Diaguita and San Pedro de Atacama cultures. Inka and 
Inka-influenced Diaguita tumis are ceremonial axes with a long handle 
and a semicircular or rectilinear blade. San Pedro, Diaguita, and Inka 
copper chisels are long copper tools with quadrangular cross-sections 
that are beveled on one end. San Pedro de Atacama mace heads are 
ellipsoidal. Inka copper or bronze mace heads are star-shaped. Metal 
tools from the Arid North may be attached to wooden handles. San Pedro 
de Atacama and Inka tweezers are made from copper or copper alloy. San 
Pedro de Atacama culture also made circular or ovoid punches. Knuckles 
(manoplas) are fist-sized semicircular tools with a pointed protrusion 
that may have been used to tighten bowstrings or as ``brass knuckles.''
    C. Vessels--Gold or silver San Pedro de Atacama style cups with 
embossed decorations include gold keros with Tiwanaku designs and 
portrait vessels. Inka and Diaguita cultures made copper plates.
    D. Psychotropic paraphernalia--San Pedro de Atacama culture snuff 
tubes are wrapped with tape-like strips of gold and/or silver with ends 
made of gold. The distal end may have a Tiwanaku design such as a 
camelid head. The Diaguita culture used copper snuff spoons.
    E. Figurines--Small Inka style figurines depict male, female, and 
animal figures in solid gold or silver. Diaguita figurines were made 
from copper.

IV. Human Remains

    Preservation of human remains, including through mummification, is 
common in the Arid North due to the dry desert climate. In contrast, 
very few human remains preserve in the Far South or Rapa Nui, with the 
exception of manufactured items that incorporate human skeletal 
elements. Examples of archaeological human remains covered in the 
Agreement include the following objects.
    A. Naturally mummified human remains--Early Archaic period 
mummified human remains from the Arid North are in extended positions 
on mats. Late Archaic period mummified human remains are in flexed 
positions. Early Pottery period mummified human bodies in flexed 
positions wear wool clothing and are placed on mats. Middle to late 
Pottery period mummy bundles contain flexed mummified human remains 
wrapped in layers of basketry and textiles.
    B. Artificially mummified human remains--Chinchorro culture 
mummified human remains have wood and plant fibers replacing removed 
bones and organs. Red or black clay covers the faces and extended 
bodies. Their wigs are made of human hair.
    C. Tools and jewelry--Rapa Nui culture needles, pendants, beads, 
punches and hooks are made from human skeletal remains.
    D. Incised skulls--Rapa Nui culture incised skulls have incised 
designs in the frontal or parietal bone. Incised designs may be filled 
with yellow or red pigment.

V. Textiles

    Most archaeological textiles are from the Arid North and Semi-arid 
North where dry conditions lead to excellent preservation. The earliest 
preserved textiles are from the Early Pottery period in the Arid North. 
Clothing and items for domestic use are made from camelid wool and 
cotton. Examples of archaeological textiles covered in the Agreement 
include the following objects.
    A. Tunics, shirts, shawls, and girdles--Early Pottery period 
clothing from the Arid North includes shawls and shirts woven on looms 
from thick woolen fibers. The tunic (unku) is a sleeveless male garment 
that sometimes reaches to the knees. Early Pottery period tunics are 
often decorated with polychrome vertical lines in natural colors and/or 
embroidery on the edges of collars and sleeves. Alto Ramirez culture 
tunics and girdles made from polychrome and figurative tapestries stand 
out. Middle Pottery period Cabuza

[[Page 64024]]

and Tiwanaku textiles include wool tunics, shirts, girdles, and other 
garments made predominantly of green, blue, and red fibers with complex 
geometric designs made with techniques of weft-faced weave, floating 
warp, and embroidered finishes. In the Late Pottery period, cotton 
fibers are introduced along with new decorative techniques such as tie-
dye, tapestry, and feather applications. Atacama tradition plain or 
striped tunics are warp-faced with embroidered edges. Tapestry tunics 
and bags have red, blue, and white designs including networks of 
rhombuses, triangles, or squares accompanied by a zoomorphic figure 
with three fingers resembling a lizard.
    B. Hats--Tiwanaku-influenced four-corner hats are monochrome or 
polychrome with geometric and figurative designs. Varied Middle to Late 
Pottery period turbans, caps, helmets, and hoods are made from wool, 
basketry, and leather. Some have attached metal, feather, or wood 
ornaments. For example, Atacama style crown-type hats were made of 
braided plant fibers covered by leather strips.
    C. Mats and skirts--Mats are made from a series of reeds or 
branches joined by plant fibers to form a flexible plane in one 
direction. Chinchorro culture plant fiber skirts (faldellines) are made 
from fibers twisted like strings and tied to a main cord.
    D. Bags--Ceremonial bags (chuspas) are trapezoidal, square, or 
rectangular and hang by a string. They are decorated on both sides with 
thin lines of dyed yarn with woven designs. Belt-bags are long 
rectangular girdles folded lengthwise to create a bag. They are 
decorated on one side. Bags and belt-bags have geometric, 
anthropomorphic, and zoometric designs made from yarn died dark red, 
orange, terracotta, purple, ochre, green, and blue. Small square or 
rectangular domestic-use bags are decorated with thin lines of natural 
colors. Atacama style bags are made from cut-pile weave similar to 
velvet and have checkerboard designs. Middle Pottery period Arica 
culture textiles use fewer decorative techniques and colors, but have 
increased diversity of anthropomorphic and zoomorphic designs.
    E. Panels--Panels (inku[ntilde]as) are small rectangular textiles 
about 45 x 50 cm in size. Panels often have weft finishings creating 
dangling cords that serve as handles. Panels may hold burial bundles, 
household items, coca leaves, or agricultural products.
    F. Khipus--Inka khipus are recording devices made of cotton and 
wool knotted cords hanging from a central cord.

VI. Wood

    Archaeological wooden objects are rare. Few were produced in the 
Arid North due to a scarcity of raw material. Wood was available in 
Central Chile, Southern Chile, and the Far South, but environmental 
conditions in those areas do not favor wood preservation. Examples of 
archaeological wooden objects covered in the Agreement include the 
following objects.
    A. Snuff tablets--Snuff tablets are shallow rectangular trays that 
may be decorated with geometric or zoo-anthropomorphic figures 
associated with cultures of Northern Chile, San Pedro de Atacama 
Complex, the Diaguita Culture, and other cultures influenced by the 
Inka.
    B. Keros--Keros are vase-shaped beakers with elaborate carved 
geometric or zoomorphic designs associated with the Arica Culture, San 
Pedro de Atacama Complex, Diaguita Culture, and others influenced by 
Inka culture.
    C. Domestic tools--Combs, boxes, spindle shafts, and spindle whorls 
are made from wood. Mapuche Culture rafts, plates, spoons, spindle 
whorls, and other items are made from oak, bay laurel, ral[iacute], 
alerce, and coihue.
    D. Navigation items--Oars from the Arid North and Semi-arid North 
are made from wood, and rafts are made from wood and inflated sea lion 
skins. Dugout canoes (wampos) from Central Chile and Southern Chile are 
carved from a single tree trunk.

VIII. Bone, Ivory, Shell, and Other Organic Material

    Preservation of bone, shell, and other organic material is best in 
the Arid and Semi-arid North. Very little bone or shell has been 
recovered in the Far South or Rapa Nui. Various artefacts were made for 
domestic, recreational, decorative, and ritual use. Examples of 
archaeological objects covered in the Agreement include the following 
objects.
    A. Hooks and harpoons--Middle and Late Archaic period hooks from 
the Arid North are made from mollusk shells and cactus thorns. Harpoons 
are made from bone. Rapa Nui culture spear tips and fishhooks are made 
from bone and shell.
    B. Bone and shell tools--Bone tools from the Arid North include 
awls, punches, pressure flakers, darts, shovels, hoes, and two-headed 
anthropomorphic bone spindle whorls. Most tools are made from camelid 
bones. Hoes are made from whale bones. Cutting tools are made from 
sharpened marine mollusks. Bone awls, spears, and tubes date to the 
Paleoindian period in Southern Chile. Austral canoe nomad awls, beads, 
chisels, pressure flakers, smoothers, and harpoon and spear points with 
serrated edges are made from terrestrial mammals, marine mammals, and 
birds. Some harpoons have geometric engravings and occasional animal 
motifs. Rapa Nui culture needles are made from bird bones.
    C. Body ornaments--Earrings from the Arid North are made from 
shell. Necklaces and other jewelry are made from bone beads. Austral 
canoe nomad pendants are made from sea lion canine teeth and engraved 
albatross bone. Rapa Nui culture ornaments include bone pendants, bone 
necklaces, tooth beads, small black or white shell beads, medium brown 
shell beads, and bone ear plugs. Inka shell ornaments are made from 
Spondylus princeps, or mullu.
    D. Spatulas and snuff tubes--Snuff tubes are small bones that have 
been hollowed out, polished, and decorated on the exterior. Spatulas 
have rounded tips for inhaling snuff and are decorated with carved 
zoomorphic designs.
    E. Combs--Middle and Late Pottery period combs are made from cactus 
thorns joined by interlaced fibers.
    F. Gourd containers--Gourd containers have pyro-engraved geometric, 
anthropomorphic, and zoomorphic designs.
    G. Basketry and rope--Early Pottery period basketry includes 
miniatures and large baskets or plates. Middle and Late Pottery period 
baskets are medium size. Ropes are made from vegetable fiber.
    H. Musical instruments--Panpipes are made of reeds lashed together 
with cords or carved from a single piece of wood. Rattles are made from 
gourds and wood with seeds or pebbles inside. Chajchas or cahschas are 
camelid hoofs held together with a fabric strap.
    I. Moai eyes--The eyes of moai are made from coral and may have 
either red scoria or black obsidian pupils.

Additional Resources

    National Cultural Heritage Service, Chile, digital collections: 
https://www.patrimoniocultural.gob.cl/portal/Contenido/Colecciones-digitales/.
    Heritage Assets Documentation Center, Chile, Regional Heritage 
Thesaurus: http://www.tesauroregional.cl/linea-de-tiempo.

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

[[Page 64025]]

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, 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, the table in paragraph (a) is amended by adding an 
entry for Chile in alphabetical order to read as follows:


Sec.  12.104g   Specific items or categories designated by agreements 
or emergency actions.

    (a) * * *

----------------------------------------------------------------------------------------------------------------
               State party                         Cultural property                     Decision No.
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Chile....................................  Archaeological material           CBP Dec. 20-16.
                                            representing Chile's cultural
                                            heritage from the Paleoindian
                                            period (c. 31,000 B.C.) to the
                                            Huri Moai phase in Chile (A.D.
                                            1680-1868)..
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

    Dated: October 7, 2020.
Mark A. Morgan,
Chief Operating Officer and Senior Official Performing the Duties of 
the Commissioner, U.S. Customs and Border Protection.

    Approved:
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2020-22573 Filed 10-7-20; 4:15 pm]
BILLING CODE 9111-14-P