[Federal Register Volume 86, Number 61 (Thursday, April 1, 2021)]
[Rules and Regulations]
[Pages 17055-17058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06701]



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 Rules and Regulations
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
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  Federal Register / Vol. 86, No. 61 / Thursday, April 1, 2021 / Rules 
and Regulations  

[[Page 17055]]



DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Part 12

[CBP Dec. 21-06]
RIN 1515-AE62


Imposition of Import Restrictions on Categories of Archaeological 
Material of Costa Rica

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 Republic of Costa Rica (Costa 
Rica). These restrictions are being imposed pursuant to an agreement 
between the United States and Costa Rica 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 
Costa Rica 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 import 
restrictions apply.

DATES: Effective on March 31, 2021.

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, Pinky Khan, 
Branch Chief, Commercial Targeting and Analysis Center, Trade Policy 
and Programs, Office of Trade, (202) 427-2018, [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 Costa 
Rica to impose import restrictions on certain archaeological material 
from Costa Rica. This rule announces that the United States is now 
imposing import restrictions on certain archaeological material from 
Costa Rica.

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 September 3, 2020, 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 Costa Rica that is described in the Designated List set 
forth below in this document.
    These determinations include the following: (1) That the cultural 
patrimony of Costa Rica is in jeopardy from the pillage of 
archaeological material representing Costa Rica's cultural heritage 
dating from approximately 12,000 B.C. to A.D. 1550 (19 U.S.C. 
2601(a)(1)(A)); (2) that the Costa Rican 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 January 15, 2021, the United States and Costa Rica signed a 
bilateral agreement, ``Memorandum of Understanding between the 
Government of the United States of America and the Government of the 
Republic of Costa Rica Concerning the Imposition of Import Restrictions 
on Categories of Archaeological Material of Costa Rica'' (``the 
Agreement''), pursuant to the provisions of 19 U.S.C. 2602(a)(2). The 
Agreement entered into force upon signature, and enables the 
promulgation of import restrictions on categories of archaeological 
material representing Costa Rica's cultural heritage ranging in date 
from approximately 12,000 B.C. to A.D. 1550. 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

[[Page 17056]]

Agreement exists. The import restrictions will expire on January 15, 
2026, unless extended.

Designated List of Archaeological Material of Costa Rica

    The Agreement between the United States and Costa Rica 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 Costa Rica legally and not in 
violation of the export laws of Costa Rica.
    The Designated List includes archaeological materials in jade, gold 
and other metal, ceramics, stone, bone, resin, and shell ranging in 
date from approximately 12,000 B.C. to A.D. 1550.

Categories of Archaeological Material

I. Jade
II. Gold and Other Metal
III. Ceramic
IV. Stone
V. Bone, Resin, and Shell

Archaeological Material

    Approximate chronology of well-known archaeological sites, 
traditions, and cultures: Archaeological material covered by the 
Agreement is associated with indigenous groups living in Costa Rica. 
The three main archaeological zones of Costa Rica are: Guanacaste (also 
referred to as Greater Nicoya), Central Highlands-Atlantic (or 
Caribbean) Watershed, and the Southern Zone (also referred to as 
Greater Chiriqu[iacute] or Diqu[iacute]s). The following standardized 
periodization for lower Central America \1\ is commonly used in the 
archaeology of Costa Rica:
---------------------------------------------------------------------------

    \1\ Lange, Frederick W., and Doris Stone. 1984. The Archaeology 
of Lower Central America. Albuquerque: University of New Mexico 
Press.

(a) Period I (?-8000 B.C.)
(b) Period II (8000-4000 B.C.)
(c) Period III (4000-1000 B.C.)
(d) Period IV (1000 B.C.-A.D. 500)
(e) Period V (A.D. 500-1000)
(f) Period VI (A.D. 1000-1550)
(g) European contact and Colonial period (A.D. 1500-1821) \2\
---------------------------------------------------------------------------

    \2\ Import restrictions concerning European contact period 
archaeological material apply only to those objects dating to A.D. 
1550 and earlier.
---------------------------------------------------------------------------

I. Jade

    Archaeological jade objects may be made from several types of stone 
such as jadeite, jadeitite, serpentine, omphacite, agate, chalcedony, 
jasper, slate, opal, and quartz. These stones are various shades of 
green, as well as white, beige, brown, and black. Most jade objects 
were used for personal adornment. Examples of archaeological jade 
objects covered in the bilateral agreement include, but are not limited 
to, the following objects:
    A. Pendants--Celtiform pendants (sometimes called Axe-gods) may 
have human, avian, or composite human and avian figures carved on the 
upper portion and perforations for suspension. Some feature bats, and 
rare examples have Olmecoid faces and features. Celtiform pendants can 
be made from whole-, half-, and even sixth-celt blanks. Figure pendants 
may be carved into the shape of ``beak-birds,'' ``curly-tailed 
animals,'' humans, frogs, monkeys, crocodiles, saurians, or bats. Some 
human pendants wear masks or headdresses. Staff-bearer pendants depict 
a human wearing a mask or headdress carrying a vertical staff topped 
with a zoomorphic effigy. Horizontal zoomorphic pendants may be double-
ended, and horizontal bat pendants often emphasize wings that terminate 
in crocodile heads. Some pendants, imported to Costa Rica in antiquity, 
have incised Epi-Olmec or Maya carvings and hieroglyphic inscriptions.
    B. Beads--Most jade beads are tubular in shape and vary in size. 
Large tubular beads may be up to approximately 50 cm long and have low-
relief geometric or zoomorphic carving. Disc-shaped beads are also 
common.
    C. Ear ornaments--Spool-shaped ear flares may have openwork 
decoration in the center.
    D. Vessels--Miniature jade jars, often measuring about 6 cm tall, 
may be round with little decoration or have two zoomorphic or 
anthropomorphic heads on opposite sides. They often have perforations 
for strings to keep lids in place.
    E. Mace heads--Jade mace heads, which may be carved into avian, 
bat, feline, or anthropomorphic effigies, have large holes drilled in 
the center for mounting on staffs.

II. Gold and Other Metal

    Most archaeological metal objects from Costa Rica are personal 
ornaments made from gold or a gold-copper alloy known as tumbaga or 
guan[iacute]n. Objects were produced by lost-wax casting or cold 
hammering and annealing. Examples of archaeological gold and other 
metal objects covered in the bilateral agreement include, but are not 
limited to, the following objects:
    A. Zoomorphic pendants--Zoomorphic pendants most commonly depict 
avians, crocodilians, saurians, and snakes. Bats, butterflies, spiders, 
frogs, felines, turtles, lobsters, crabs, fish, armadillos, and deer 
are also represented. Many pendants combine features of more than one 
creature. Dual figures depict a single body with two heads and two 
tails. Some zoomorphic pendants hold human bodies or limbs in the 
mouth.
    B. Anthropomorphic pendants--Elaborate human figures may be 
depicted wearing zoomorphic masks or display a mix of human and animal 
or supernatural traits. Some human figures play musical instruments 
such as flutes or drums, are surrounded by attendant figures, have 
square or round frames, or have dangling pendants.
    C. Bells--Bells may be undecorated or decorated with zoomorphic 
figures such as monkeys or spiders. Complete bells may have loose 
ceramic or stone clappers.
    D. Hammered ornaments--Hammered gold discs, chest plates, cuffs, 
diadems, ear spools, and beads may have embossed geometric, 
anthropomorphic, or zoomorphic motifs.
    E. Tools--Needles, fish hooks, tweezers, and punches may be made of 
metal.

III. Ceramic

    Archaeological ceramics in Costa Rica are low-fired terracotta, 
typically coil- and slab-built, but sometimes produced using molds. 
Hollow mammiform, rattle, figural, and slab tripod vessel supports are 
common. Decorations can be monochrome, bichrome, trichrome, or 
polychrome made with slip, paint, negative (or resist) paint, 
burnishing, and polishing. The most common colors are brown, black, and 
red, but can include white, orange, and purple. Decorations, in 
addition to slips and paints, include impressions, incisions, 
engraving, appliqu[eacute], and modeling. Most designs are geometric, 
linear, and/or divided into zones. Common zoomorphic designs include 
felines, birds, crocodilians, saurians, marine animals, deer, monkeys, 
tapirs, and peccaries. Humans may be depicted wearing zoomorphic masks 
or as composite figures with combined anthropomorphic and zoomorphic 
features. Some female figures hold infants. Other figures may be 
dressed in ostentatious clothing and/or show decapitated heads.
    Archaeological cultures in the three cultural zones of Costa Rica 
produced distinctly different styles, especially after about A.D. 500. 
For example, well-known ceramics from the Guanacaste zone have white- 
and salmon-colored slip with polychrome decoration, which may include 
distinctive blue-gray or orange paints. Well-known ceramics from the 
Central and Atlantic (or Caribbean) Watershed zone are

[[Page 17057]]

monochrome or bichrome with incised and molded decorations. The best-
known ceramics from the Southern Zone are polychrome vessels with white 
slips decorated with geometric painting in black and red and fine-
walled beige or natural-colored ``biscuit'' ware with small molded 
decorations.
    Examples of archaeological ceramic objects covered in the bilateral 
agreement include, but are not limited to, the following objects:
    A. Vessels--Ceramic vessels include plates, bowls, jars, effigy 
vessels, and incense burners. Plates have flat or slightly convex 
bases, sometimes with tripod supports. Bowls sometimes have tripod 
supports or annular supports. Bowls may have decorated exteriors, 
interiors, and rims with modeled decoration. Some bowls have 
anthropomorphic or zoomorphic forms. Jars, often called ollas, are 
globular vessels with short necks that may have tripod or annular 
supports. Some jars are shoe-shaped or gourd-shaped, neckless vessels 
called tecomates. Jars may be decorated on the exterior with zoned 
paint, modeled decoration, or linear paint depicting geometric designs 
or have human faces on the neck or body. Effigy vessels are containers 
sculpted in human or animal forms, sometimes with bridge-and-spout 
forms. Incense burners, or incensarios, may have hemispherical bases 
and a ventilated lid decorated with a modeled crocodilian or saurian 
effigy. Skillet-like incense burners may have zoomorphic handles.
    B. Pot stands, stools, and griddles--Pot stands are flared, 
cylindrical objects that may have bases made from rings of human 
figures and/or modeled birds. Thick buff-colored pottery stools have 
bases with modeled zoomorphic or anthropomorphic figures. Griddles, 
known as budares, have flat surfaces for cooking.
    C. Figurines--Anthropomorphic figurines include both solid and 
hollow forms, the latter of which can include rattles. Common forms 
include figures with flattened headdresses sometimes seated on benches, 
female figurines holding infants, and hunchbacks.
    D. Musical instruments--Musical instruments include maracas, 
rattles, ring-rattles, ocarinas, whistles, flutes, and drums. Ocarinas 
can be in the shape of humans, birds, turtles, and other animals.
    E. Stamps--Stamps may be roller stamps or have one flat surface 
with a design for stamping or sealing. Surfaces typically have deep, 
geometric decorations that would transfer with pigment to cloth or 
skin.
    F. Inhalers and pipes--Inhalers and pipes may be single-tubed pipes 
or double-tubed nasal snuffers.
    G. Beads--Beads typically are small, round, perforated objects 
intended to be strung on cords.

IV. Stone

    Early chipped-stone tools mark the appearance of the first people 
to inhabit the region and continued to be used throughout history. 
Highly skilled stoneworkers created elaborately carved stone sculpture 
from basalt and andesite, volcanic stones common in Costa Rica. The 
most common material is grey vesicular andesite, distinguished by its 
rough surface. Examples of archaeological stone objects covered in the 
bilateral agreement include, but are not limited to, the following 
objects:
    A. Metates (grinding tables)--Both simple and elaborately carved 
flying-panel metates and special-purpose lithic platforms are typically 
made from porous basalt. Forms may be rectangular, oval, or circular. 
Tripod metates with curved rimless plates may have elaborately carved 
low-relief decoration on the underside of the plate featuring abstract 
designs, deities, and animals; elaborately carved legs; and/or 
zoomorphic heads extending from the plate, especially felines, jaguars, 
monkeys, crocodiles, saurians, avians, and canines. Metates with flat 
plates and raised rims may have decorated rims and have three 
cylindrical supports connected by ``flying panels'' with open-carving 
depicting multiple human and/or animal figures, decapitated human 
heads, and an anthropomorphic central figure wearing a saurian or avian 
mask. Tetrapod metates may have a border of stylized human heads and 
supports that may be in the form of human figures or human heads. 
Feline-effigy metates typically have a head extending from one end of 
the plate, a tail from the opposite end, and four supports representing 
legs that may be connected by open-carving depicting monkeys or other 
animals. Circular pedestal tables may have a single base with vertical 
slots and small feline figures or heads pendant from the table surface. 
Plain, rimless metates typically have tripod supports.
    B. Manos (handstones) and pestles--A mano or pestle can be a round, 
loaf-shaped, or cylindrical hand-held stone used with a metate or 
mortar to pulverize grains, tubers, spices, and medicinal plants. Manos 
and pestles may have low-relief, zoomorphic or geometric carving at one 
or both ends. Flared-head manos may have a finely abraded working 
surface. Stirrup-shaped manos may have carved anthropomorphic forms 
incorporated into the upper part. More delicate manos may have a thin, 
flat grinding surface with a zoomorphic figure serving as a handle.
    C. Biconical effigy seats--Hourglass-shaped seats may be decorated 
with modeling and relief carving depicting an abstract crocodilian or 
saurian head and geometric designs.
    D. Bowls or receptacles--Stone bowls may be supported by 
anthropomorphic or zoomorphic figures. Reclining figures with a shallow 
bowl in the belly, sometimes called chacmools, can combine feline, 
raptorial, and snake features.
    E. Figural sculpture--Free-standing sculpture depicts a variety of 
figures in various sizes. Anthropomorphic figures typically about 30 cm 
tall wear crocodilian masks, tubular bead pendants, and multi-tiered 
headdresses. Stylized anthropomorphic peg-base figures, typically about 
25-35 cm tall, often have a bifurcated tongue, hair ending in snakes, 
and N-shaped feline incisors. Some carry trophy heads. Large, realistic 
anthropomorphic figures, typically ranging in size from 50 cm to 1 m, 
may be female figures holding the breasts with brief girdles and 
plastered-down coiffures; bound, naked male prisoners; or males 
displaying an axe and trophy head. Small female and male figurines, 
typically about 12 cm tall, may grasp cylindrical shaped objects in 
each hand. Seated human figures, known as sukias, typically measure 
about 25 cm tall and rest their elbows on their knees while holding a 
tube to their mouths. Independent human heads, known as trophy heads, 
may measure about 15 cm tall and have varied facial features and hair 
or hat motifs. Independent feline heads may be decorated in low relief. 
Rounded zoomorphic effigy figures of varied size usually depict 
felines, though other animals like armadillos are also known.
    F. Figure-decorated mortuary slabs--Thin, decorated slabs that 
probably stood vertically as grave markers may have a row of figures in 
low relief along each side and openwork figures at the top.
    G. Petroglyphs--Petroglyphs typically display carved motifs on one 
rock face or on multiple sides of a stone. Most motifs are abstract 
geometric motifs, often with spirals or rounded designs. Some 
petroglyphs include zoomorphic engravings such as crocodilians, 
saurians, human faces, and human figures.
    H. Mace heads--Stone mace heads may be spherical or carved in the 
shape of human heads, human skulls, owls,

[[Page 17058]]

bats, avians, canines, felines, or saurians.
    I. Stone spheres--Stone spheres are typically made of gabbro or 
granodiorite but can also be made from limestone. Stone spheres range 
from less than 10 cm up to about 2.6 m in diameter.
    J. Polished stone tools--Polished stone tools may include celts, 
chisels, and hoes, typically ranging in size from 3 to 20 cm. Figure-
decorated celts may be made from various jades (discussed above) and 
volcanic stone. Bark beaters are oval plaques scored with deep 
incisions on one face.
    K. Chipped-stone tools--Chipped-stone tools may include projectile 
points, waisted axes, and other tools for scraping, cutting, or 
perforating. Early, extremely rare Paleoindian and Archaic projectile 
points include Clovis and Fluted Fishtail points.

V. Bone, Resin, and Shell

    Examples of archaeological bone, resin, and shell objects covered 
in the bilateral agreement include, but are not limited to, the 
following objects.
    A. Personal ornaments--Pendants, ear spools, and beads typically 
are made from shell or bone.
    B. Figurines--Figurines made from resin may have gold sheathing.
    C. Tools--Tools may include bone points and awls, burnishers, 
needles, spatulas, and fishhooks.

References

National Museum of Costa Rica, Archaeological Collections: https://www.museocostarica.go.cr/nuestro-trabajo/colecciones/arqueologia/

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

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

Signing Authority

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

List of Subjects in 19 CFR Part 12

    Cultural property, Customs duties and inspection, Imports, 
Prohibited merchandise, 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 
Costa Rica to the list 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.
------------------------------------------------------------------------
 
                              * * * * * * *
Costa Rica...........  Archaeological          CBP Dec. 21-06.
                        material representing
                        Costa Rica's cultural
                        heritage from
                        approximately 12,000
                        B.C. to A.D. 1550.
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *
    Troy A. Miller, the Senior Official Performing the Duties of the 
Commissioner, having reviewed and approved this document, is delegating 
the authority to electronically sign this document to Robert F. Altneu, 
who is the Director of the Regulations and Disclosure Law Division for 
CBP, for purposes of publication in the Federal Register.

Robert F. Altneu,
Director, Regulations & Disclosure Law Division, Regulations & Rulings, 
Office of Trade, U.S. Customs and Border Protection.
    Approved: March 26, 2021.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2021-06701 Filed 3-31-21; 8:45 am]
BILLING CODE 9114-14-P