[Federal Register Volume 86, Number 114 (Wednesday, June 16, 2021)]
[Rules and Regulations]
[Pages 31910-31916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12646]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Part 12

[CBP Dec. 21-09]
RIN 1515-AE64


Import Restrictions Imposed on Categories of Archaeological and 
Ethnological Material of Turkey

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 categories of archaeological and ethnological material from the 
Republic of Turkey (Turkey). These restrictions are being imposed 
pursuant to an agreement between the United States and Turkey that has 
been entered into under the authority of the Convention on Cultural 
Property Implementation Act. This final rule amends the CBP regulations 
by adding Turkey to the list of countries which have a bilateral 
agreement with the United States that imposes cultural property import 
restrictions. This final rule also contains the Designated List that 
describes the types of archaeological and ethnological material to 
which the restrictions apply.

DATES: Effective on June 16, 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) 325-3839, [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 the 
Republic of Turkey (Turkey) to impose import restrictions on certain 
archaeological and ethnological material from Turkey. This rule 
announces that the United States is now imposing import restrictions on 
certain archaeological and ethnological material from Turkey.

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 March 27, 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 and 
ethnological material originating in Turkey that is described in the 
Designated List set forth below in this document.
    These determinations include the following: (1) That the cultural 
patrimony of Turkey is in jeopardy from the pillage of archaeological 
material representing Turkey's cultural heritage dating from 
approximately 1.2 million years ago to A.D. 1770, and ethnological 
material dating from approximately the 1st century A.D. to A.D. 1923; 
(2) that the Turkish 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 19, 2021, the United States and Turkey signed a 
bilateral agreement, ``Memorandum of Understanding between the 
Government of the United States of America and the Government of the 
Republic of Turkey Concerning the Imposition of Import Restrictions on 
Categories of Archaeological and Ethnological Material of Turkey'' 
(``the Agreement''), pursuant to the provisions of 19 U.S.C. 
2602(a)(2). The Agreement entered into force on March 24, 2021, upon 
the exchange of diplomatic notes, and enables the promulgation of 
import restrictions on categories of archaeological material, ranging 
in date from approximately 1.2 million years ago to A.D. 1770, and 
ethnological material, ranging in date from the 1st century A.D. to 
A.D. 1923, representing Turkey's cultural heritage. A list of the 
categories of archaeological and ethnological material subject to the 
import restrictions is set forth later in this document.

Restriction 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 as 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

[[Page 31911]]

restrictions will expire on March 24, 2026, unless extended.

Designated List of Archaeological and Ethnological Material of Turkey

    The Agreement between the United States and Turkey 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 Turkey legally and not in violation 
of the export laws of Turkey.
    The Designated List includes archaeological material from Turkey 
ranging in date from approximately 1.2 million years ago to A.D. 1770, 
and ethnological material from Turkey from the 1st century A.D. to the 
end of the Ottoman Empire with the foundation of the Republic of Turkey 
in A.D. 1923.

Categories of Archaeological and Ethnological Material

I. Archaeological Material
    A. Stone
    B. Metal
    C. Ceramic, Terracotta, and Faience
    D. Bone, Ivory, and Other Organic Material
    E. Wood
    F. Glass
    G. Plaster and Stucco
    H. Textile
    I. Leather, Parchment, and Paper
    J. Rock Art, Paintings, and Drawings
    K. Mosaics
II. Ethnological Material
    A. Architectural Elements
    B. Funerary Objects
    C. Ritual and Ceremonial Objects
    D. Paintings
    E. Written Records
    F. Military Material

I. Archaeological Material

    Archaeological material covered by the Agreement includes material 
from Turkey ranging in date from approximately 1,200,000 B.C. to A.D. 
1770. Examples of archaeological material covered by the agreement 
include, but are not limited to, the following objects:

Simplified Chronology

Paleolithic: c. 1,200,000-10,000 B.C.
Neolithic: c. 10,000-5500 B.C.
Chalcolithic: c. 5500-3200 B.C.
Bronze Age: 3200-1200 B.C.
    Hattis: 2500-2000 B.C.
    Assyrian Trade Colonies: 2000-1750 B.C.
    Hittites: 1800-1200 B.C.
    Mycenaean: 1600-1200 B.C.
Iron Age: 1200-750 B.C.
Protogeometric and Geometric Periods: 1100-700 B.C.
    Phyrigians: 1200-680 B.C.
    Neo-Hittite City States: 1200-700 B.C.
    Urartians: 900-580 B.C.
Orientalizing Period: 750-600 B.C.
    Lydians: 700-540 B.C.
    Karians and Lykians: 700-300 B.C.
Archaic Period: 650-474 B.C.
Classical Period: 480-330 B.C.
Persian Period: 546-331 B.C.
Macedonian Empire and Hellenistic Period: 334-30 B.C.
Roman Period: 130 B.C.-A.D. 395
Byzantine (Eastern Roman) Period: A.D. 395-1453
Seljukian Period: A.D. 1071-1308
Anatolian Beyliks Period: A.D. 1256-1522
Islamic/Ottoman Period: A.D. 1299-1923
    A. Stone
    1. Sculpture
    a. Architectural Elements--Primarily in basalt, limestone, and 
marble; including blocks from walls, floors, and ceilings; acroterion, 
antefix, architrave, columns, capitals, bases, lintels, jambs, friezes, 
pediments, tympanum, metopes, and pilasters; doors, door frames, and 
window fittings; caryatids, columns, altars, prayer niches, mihrab, 
screens, wellheads, fountains, mosaics, and tiles. This category also 
includes relief and inlay sculpture that may have been part of a 
building, such as friezes of sculpted stone figures set into inlaid 
stone or bitumen backgrounds. May be plain, molded, carved, or 
inscribed. Decorative motifs may be incised or in high relief. 
Approximate date: 10th millennium B.C. to the 18th century A.D.
    b. Monuments and Stelae--Types include triumphal arches and 
columns, obelisk, herms, and stone blocks. This category also includes 
votive and funerary stelae with or without relief sculpture and/or 
inscriptions, usually in limestone, basalt, and marble. Common subject 
matter also includes human and animal figures, floral motifs, and 
geometric designs. Approximate date: 10th millennium B.C. to the 18th 
century A.D.
    c. Sarcophagi and Ossuaries--In marble and limestone. The sides and 
lids of sarcophagi and ossuaries (osthoteks) may have relief sculptures 
of human and animal figures, inscriptions, monograms, and floral and 
geometric decoration. Approximate date: 10th millennium B.C. to the 
18th century A.D.
    d. Large Statuary--Primarily in basalt and marble, some examples in 
limestone, steatite (soapstone), and other types of stone. Subject 
matter includes human, animal, and mythological figures, icons, busts, 
models, molds, and groups of figures in the round, as well as parts of 
figures commonly used for adoration such as hands, arms, and phallus. 
Approximate date: 10th millennium B.C. to the 18th century A.D.
    e. Small Statuary--This type includes humans, deities (idols), 
mythological creatures, animals, and groups of figures in the round, as 
well as parts of figures. Some early examples of human idols are 
stylized, such as ``violin-shaped'' figures. Approximate date: 10th 
millennium B.C. to the 18th century A.D.
    f. Small Scale Inlay Sculpture--Small-scale examples include flat, 
cut-out figures in light-colored stones set against dark stone or 
bitumen backgrounds. These may decorate boxes or furniture. Subject 
matter includes narrative scenes such as warfare and banquet scenes. 
Approximate date: 10th millennium B.C. to the 18th century A.D.
    g. Furniture--In limestone, basalt, and marble. Types include 
tables (trapezas), one-legged tables (monopodias), thrones, fulcras, 
and beds. Approximate date: 10th millennium B.C. to the 18th century 
A.D.
    2. Vessels--In marble, steatite, rock crystal, and other stone. 
These may belong to conventional shapes such as bowls, cups, jars, 
jugs, and lamps, or may occur in the shape of a human or animal, or 
part of human or animal. Approximate date: 10th millennium B.C. to the 
18th century A.D.
    3. Tools and Weapons--In flint, quartz, obsidian, silex, limestone, 
and other hard stones. Types of stone tools include large and small 
blades, borers, scrapers, sickles, awls, harpoons, cores, and arrow 
heads. Ground stone types include grinders (e.g., mortars, pestles, 
millstones, whetstones), choppers, axes, hammers, molds, and mace 
heads. Approximate date: 1.2 million years ago to the 18th century A.D.
    4. Seals and Stamps--These are small devices with at least one side 
engraved with a design for stamping or sealing, often in marble, 
limestone, and various semiprecious stones including rock crystal, 
amethyst, jasper, agate, steatite, and carnelian. This category 
includes seals, scarabs and scaraboids, and gems engraved with a 
design, scene, pattern, or inscription. Shapes can include cylinders, 
buttons, and prismatic. Approximate date: 10th millennium B.C. to the 
18th century A.D.
    5. Jewelry and Beads--Jewelry of or decorated with colored and 
semi-precious stones, including beads, necklaces, pendants, cameos, 
crowns, earrings, finger rings, bracelets, anklets, belts, girdles, 
pins, hair ornaments, and arm bands. May be incised or cut as gems or 
cameos. Approximate date: 1.2 million years ago to the 18th century 
A.D.

[[Page 31912]]

    B. Metal
    1. Sculpture
    a. Large Statuary and Portraits--Primarily in bronze, in a variety 
of styles. Subject matter includes human, animal, and mythological 
figures, icons, busts, and groups of figures in the round, as well as 
parts of figures commonly used for adoration such as hands, arms, and 
phallus. Sarcophagi lids, including kline lids with recumbent figures, 
are also included. Approximate date: 5th millennium B.C. to the 18th 
century A.D.
    b. Small Statuary--In bronze, copper, gold, silver, electrum, iron, 
and lead. Subject matter includes human, animal, and mythological 
figures. In early examples, idols representing deities for religious 
purposes may be very stylized, such as twin idols, or semi-circular 
idols. Approximate date: 5th millennium B.C. to the 18th century A.D.
    c. Reliefs--In bronze, copper, gold, silver, electrum, iron, and 
lead. Types include plaques, appliqu[eacute]s, burial masks, and 
leaves. Approximate date: 5th millennium B.C. to the 18th century A.D.
    d. Inscribed and Decorated Metal Sheets and Plates--In bronze, 
copper, gold, silver, electrum, iron, and lead. Thin metal sheets with 
engraved or impressed designs, often used as attachments to furniture. 
Approximate date: 5th millennium B.C. to the 18th century A.D.
    2. Vessels--In bronze, copper, gold, silver, electrum, iron, and 
lead. This type includes conventional forms such as pitchers, bowls, 
cauldrons, jugs, globular flasks (aryballos), goblets, phials, ladles, 
lamps, and candelabra. Objects may be in conventional shapes or may be 
in human or animal shapes. Approximate date: 5th millennium B.C. to the 
18th century A.D.
    3. Jewelry and Personal Adornment--In bronze, copper, gold, silver, 
electrum, iron, and lead. This type includes earrings, ear caps, finger 
rings, beads, bracelets, cuffs, necklaces, pendants, straight and 
safety pins (fibulae), crowns, wreaths, diadems, fibulas, pectoral 
decorated sheets, belts, buckles, and textile decorations. Approximate 
date: 5th millennium B.C. to the 18th century A.D.
    4. Tools--This category includes hammers, saws, hooks, axes, 
chisels, scissors, scrapers (strigils), weights, bells, trowels, 
mirrors, forks, spoons, nails, scales, curling rods (calamistrum), 
locks, keys, ingots, medical tools such as forceps, probes, and cautery 
tools, and door knockers which may be in the form or human or animal 
figures. Approximate date: 5th millennium B.C. to the 18th century A.D.
    5. Weapons and Armor--In bronze, copper, gold, silver, electrum, 
iron, and lead. This category includes common weapon types, such as 
daggers, arrows, swords, spears, harpoons, javelins, axes, rapiers, and 
maces. Body armor is also included, such as helmets, shields, 
cuirasses, horse armor, and chariot decoration. Some may have 
inscriptions or be otherwise decorated. Approximate date: 5th 
millennium B.C. to the 18th century A.D.
    6. Seals and Stamps--These are small devices with at least one side 
engraved with a design for sealing or stamping, often in bronze, 
copper, gold, silver, electrum, iron, or lead. Types include rings, 
amulets, stamps, and seals with shank. Approximate date: 5th millennium 
B.C. to the 18th century A.D.
    7. Ceremonial Objects--Ritual and ceremonial objects pertaining to 
Turkey's religious communities, in bronze, copper, gold, silver, 
electrum, iron, and lead. This type includes libation vessels, ritual 
cauldrons and pitchers, rhytons, masks, chalices, plates, censers, 
candelabras, crosses, pendants, bells, reliquaries, liturgical spoons, 
Kiddush cups, book covers and boxes, decorated book spines, Torah 
pointers, finials, and ampoules. Approximate date: 5th millennium B.C. 
to the 18th century A.D.
    8. Musical Instruments--Trumpets, clappers, sistrums, castanets, 
cymbalon, aulos, plagiaulos, cornu, lituus, buccina, tuba, hydraulis, 
lyre, xylophone, and metal parts of other instruments otherwise 
primarily in wood or bone. Approximate date: 5th millennium B.C. to the 
18th century A.D.
    9. Coins
    a. Greek coins--Archaic coins, dated to 640-480 B.C., in electrum, 
silver and billon, that circulated primarily in Turkey; Classical 
coins, dated to 479-332 B.C., in electrum, silver, gold, and bronze, 
that circulated primarily in Turkey; and Hellenistic coins, dated to 
332-31 B.C., in gold, silver, bronze and other base metals, that 
circulated primarily in Turkey. Greek coins were minted by many 
authorities for trading and payment and often circulated all over the 
ancient world, including in Turkey. All categories are based on find 
information provided in Thompson, M., M[oslash]rkholm, O., Kraay, C., 
Inventory of Greek Coin Hoards, 1973 (available online at http://coinhoards.org/) and the updates in Coin Hoards I-X as well as other 
hoard and single find publications. Mints located in Turkey and 
surrounding areas are found in Head, B. V., Historia Numorum, A Manual 
of Greek Numismatics, 1911 (available online at http://snible.org/coins/hn/).
    b. Roman provincial coins--Roman provincial coins, dated from the 
end of 2nd century B.C. to the early 6th century A.D., in gold, silver, 
and bronze and copper that circulated primarily in Turkey.
    c. Byzantine period coins--Byzantine period coins, in gold, silver, 
bronze, copper coins, and sometimes electrum, dating from the early 6th 
century to the 15th century A.D., that circulated primarily in Turkey, 
(e.g., coins produced at mints in Nicaea and Magnesia under the Empire 
of Nicaea).
    d. Medieval and Islamic coins--Medieval and Islamic coins, in gold, 
silver, bronze, and copper coins from approximately A.D. 1077-1770, 
that circulated primarily in Turkey.
    C. Ceramic, Terracotta, and Faience
    1. Sculpture
    a. Architectural Elements--Baked clay (terracotta) elements used to 
decorate buildings. Elements include tiles, roof coverings, antefixes, 
plates, and decorative elements such as reliefs, votive tablets 
(pinakes), friezes and acroters, and wall decorations such as cones, 
glazed bricks, and decorated knobs. Approximate date: 2nd millennium 
B.C. to the 18th century A.D.
    b. Sarcophagi and Ossuaries--Sarcophagi and coffins, with separate 
lids, either in the form of a large rectangular box, or human-shaped 
and carved with modeled human features. Sarcophagi may be painted, 
inlaid, and/or decorated with incised or sculpted relief of floral or 
geometric motifs and inscriptions. Ossuaries are rectangular or in the 
shape of stylized animals and may be decorated. Approximate date: 2nd 
millennium B.C. to the 18th century A.D.
    c. Large Statuary--Subject matter includes human and animal 
figures, icons, models, molds, and groups of figures in the round. 
Common types are large-scale, free-standing statuary approximately 1-
2.5 m. in height and life-size busts (head and shoulders of an 
individual). Approximate date: 5th millennium B.C. to the 18th century 
A.D.
    d. Small Statuary--Subject matter is varied and includes humans, 
deities (idols), mythological creatures, animals, and groups of figures 
in the round, as well as parts of figures. These range in height: 
Approximately 10 cm.-1 m. Approximate date: 5th millennium B.C. to the 
18th century A.D.
    e. Terracotta Plaques--These are produced by carving or using 
molds; may have a variety of subject matter.

[[Page 31913]]

Type also includes molds and models used in production. Approximate 
date: 5th millennium B.C. to the 18th century A.D.
    f. Models--These are small-scale objects in terracotta, including 
chariots, boats, buildings, and furniture such as chairs and beds. 
Approximate date: 11th millennium B.C. to the 18th century A.D.
    2. Vessels--Ceramic types, forms, and decoration vary among 
archaeological styles over time. Forms may be handmade or produced with 
ceramic lathe, plain or decorated, and may be glazed, unglazed, 
varnished, painted, engraved, and/or incised. They may be produced in 
Turkey or imported into Turkey at or near the time of production. Some 
of the most well-known types are highlighted below:
    a. Neolithic and Chalcolithic Period--This type includes bowls, 
cups, jars, pots, urns, and ritual vessels in the shape of a woman or 
animal. Some examples are painted with yellow, brown, or red; patterns 
include concentric circles, horizontal lines, and geometric motifs over 
cream or red slip.
    b. Early Bronze Age--This type includes two-handled goblets (depas 
amphikypellon), beak-spouted pitchers, anthropomorphic jars, pedestal 
bowls, amphorae, vases, double-/triple-/quadruple vessels (two or more 
cups or bowls attached at a central point to form a single vessel), 
mugs, boxes, and small pots with lids (pyxis).
    c. Middle and Late Bronze Age--This type includes Assyrian Trade 
Colonial, Hittite, and early Mycenaean pottery. In this period, ceramic 
lathe and glaze techniques became common and forms became thinner. Type 
includes ceremonial vessels in the shape of animals (rythons), plates, 
double-handled drinking vessels (kantharos), bathing bowls, and vases.
    d. Geometric, Orientalizing, Archaic, and Classical Periods--This 
type includes vessels used for holding oil or perfume (alabastron, 
lekythos, aryballos, lydion), jars used for storage (amphorae, pelike, 
pithoi, hydria), pitchers and jugs (oinochoe, olpe), boxes for holding 
cosmetics or jewelry (pyxis), drinking cups (kylix, kantharoi, 
skyphoi), tankards, other vessels (krater, askos), ceremonial vases 
(lebes gamikos), plates, and lamps. Black-figure technique was common 
in Greek city-states in Western Anatolia, starting in 7th century B.C. 
Vessels in this technique are decorated with black painted figures on a 
clear clay ground. Vessels with red-figure technique (decorative 
elements in reserve with background fired black) are also common in 
Western Anatolia. Most black- and red-figure vessels are decorated with 
scenes of daily life or mythology.
    e. Hellenistic and Roman Periods--This type includes vessel forms 
noted in previous time periods, as well as small bottles (unguentarium) 
and wine jars (lagynos). There is less decorative painting in this 
period; instead, types display simple motifs and/or reliefs. Fine red 
Roman tableware (terra sigillata) is also common.
    f. Byzantine Period--Vessel types include amphorae, bowls, plates, 
chalices, beakers, and special shapes such as pilgrim flasks. Types 
include red slipwares, as well as glazed and unglazed vessels. Unglazed 
wares are usually undecorated; other examples may be decorated with 
various techniques and motifs such as human figures, animals, florals, 
and other symbolic motifs.
    g. Islamic Period--Early examples include green and turquoise 
vessels that may be in the vessel shapes mentioned above. In addition, 
this type includes inkstands, chalices, lamps, rose water flasks, 
censers, incense cases, kitchenware, and tableware. Sizes and shapes 
are varied; colors include blue-white, red, blue, yellow, purple, and 
green and may include floral or other painted or inscribed decorations.
    3. Objects of Daily Use--This type includes objects of daily use 
including toys, weights, and lamps. Approximate date: 5th millennium 
B.C. to the 18th century A.D.
    4. Seals, Stamps, and Tablets--This type includes cuneiform tablets 
from Anatolia during the Assyrian Colonial Period and Hittite Period; 
some tablets may be encased with a clay envelope. This type also 
includes seals used to mark ceramics, textiles, leather, other organic 
materials, and live animals. Approximate date: 5th millennium B.C. to 
the 18th century A.D.
    5. Islamic Period Tiles--Tiles were used mainly for adorning walls, 
roofs, and floors of buildings such as mosques, masjids, mausoleums, 
and palaces. During the Seljuk Period, common motifs included star and 
cross, mythological creatures, human and animal figures, natural and 
floral motifs, geometric motifs, and inscriptions. During the Ottoman 
Period, most tiles are decorated with floral motifs, including the saz 
style with composite flowers and saz leaves. Glazed bricks used in this 
period are also included. Approximate date: 11th century to the 18th 
century A.D.
    D. Bone, Ivory, and Other Organic Material
    1. Small Statuary and Figurines--This type includes human, animal, 
and other figures in the round. Size may range between 5 cm.-1 m. in 
height. Approximate date: c. 20,000 B.C. to the 18th century A.D.
    2. Objects of Daily Use--This type includes materials in bone, 
ivory, mother of pearl, seashell, and tortoise shell that may be used 
as decoration or inlay for architectural elements, furniture, or relief 
plaques. Type also includes amulets and pendants, other jewelry and 
beads, buckles, combs, pins, pyxis, boxes, needles, dice, mirror backs, 
handles, carved diptychs, writing and painting equipment, and musical 
instruments. Approximate date: 350,000 B.C. to the 18th century A.D.
    3. Seals and Stamps--These are small objects with at least one side 
with engraved designs for stamping or sealing. They may be cuboid, 
conoid, or in the shape of animals or mythological creatures. 
Approximate date: 7th millennium B.C. to the 18th century A.D.
    4. Weapons and Tools--Bone, ivory, and horn were also used to 
produce and decorate weapons and tools. In addition to conventional 
types, such as needles, awls, chisels, picks, knives, spearheads, and 
blades, these materials were also used for zighir (thumb ring used to 
draw a bow) and wrist shields. Found as early as 1.2 million years ago.
    5. Human and Animal Remains--Skeletal remains from human and animal 
bodies, preserved in burials or other contexts. Some examples may be 
plastered or painted with ochre. Found as early as 1.2 million years 
ago.
    E. Wood
    1. Architectural Elements--This type includes walls, ceilings, 
floors, panels, balconies, doors, altars, parts of vaults, minbar, 
mihrab, muqarnas, decorative elements, ladders, or pieces of any of 
these objects. May be engraved, painted, inlaid, or otherwise 
decorated. Approximate date: 9th millennium B.C. to the 18th century 
A.D.
    2. Objects of Daily Use--This type includes furniture such as 
chairs, stools, beds, tables, chests, and desks; kitchen and tableware, 
book cases, book holders, lecterns, prayer panels, carved diptychs, 
writing and painting equipment, games, game boxes, combs, clasps, 
needles, beads, and musical instruments. May be engraved, painted, 
inlaid, or otherwise decorated. Approximate date: 9th millennium B.C. 
to the 18th century A.D.
    3. Tools and Weapons--This includes bows, arrows, knives, axe and 
adze handles, bow drills, and spears. Approximate date: 9th millennium 
B.C. to the 18th century A.D.
    4. Ships and Other Vehicles--This includes whole or pieces used in

[[Page 31914]]

composing a ship, chariot, or any other vehicle. Approximate date: 7th 
millennium B.C. to the 18th century A.D.
    F. Glass
    1. Architectural Elements--This includes glass inlay and tesserae 
pieces from floor and wall mosaics, mirrors, and windows. Approximate 
date: 4th millennium B.C. to the 18th century A.D.
    2. Vessels--This type includes containers for holding perfume or 
oil (alabastron, unguanteria, aryballos), wine jugs (oinochoe), other 
drinking, storage, and serving vessels of various shapes and sizes, and 
lighting objects such as lamps. Approximate date: 2nd millennium B.C. 
to the 18th century A.D.
    3. Beads and Jewelry--Jewelry such as bracelets and rings (often 
twisted with colored glass), pendants, and beads in various shapes 
(e.g., circular, globular), may be decorated with symbolic and/or 
floral motifs. This category also includes beads in various shapes 
including animal figures. Approximate date: 2nd millennium B.C. to the 
18th century A.D.
    G. Plaster and Stucco--This category includes various types of 
objects including containers from the pre-pottery Neolithic onward, 
column capitals, pedestals, wall murals or paintings and other 
architectural elements, and vessels and containers. These may be plain 
or painted and/or gilded. Approximate date: 9th millennium B.C. to the 
18th century A.D.
    H. Textile--These include linen, wool, cotton, and silk. This 
category includes clothing or clothing fragments, carpets, sanjaks 
(flags or banners), flag bags, wall hangings, blankets, and textiles 
used during religious practice. Approximate date: 9th millennium B.C. 
to the 18th century A.D.
    I. Leather, Parchment, and Paper
    1. Leather--This category includes bags, furniture parts, masks, 
shields, cases and containers for a variety of uses, sandals, clothing, 
and manuscript covers. There are also examples of religious and/or rare 
books written on leather pages.
    2. Papyrus--Documents made from papyrus and written upon in ink. 
These are often rolled and/or fragmentary. Approximate date: 5th 
millennium B.C. to the 12th century A.D.
    3. Parchment--Writing material made of animal skin and used to 
produce manuscripts including religious, liturgical, and scientific 
works. These may be single leaves or bound as books or scrolls. These 
may also have illustrations or illuminated paintings with gold and 
other colors. Approximate date: 3rd millennium B.C. to the 18th century 
A.D.
    4. Paper--This includes manuscripts and individual pages thereof, 
written on paper and bound as books or scrolls. These may also have 
illustrations. Approximate date: 8th century to the 18th century A.D.
    J. Rock Art, Painting, and Drawing
    1. Rock Art--This type includes human-made markings on stone, cave 
walls, or rocks in open air. This type includes petroglyphs (carved 
into the rock surface); pictographs (painted); and earth figures 
(formed on the ground). Subject matter may include human and animal 
figures, deities, geometric designs, and religious signs and markings. 
Approximate date: 10th millennium B.C. to the 18th century A.D.
    2. Wall Paintings--This category includes paintings from buildings 
and tombs. Several methods were used, such as wet-fresco and dry-
fresco, and the paintings may be applied to plaster, wood, or stone. 
Types include simple applied color, bands and borders, landscapes, 
scenes of people and/or animals in natural or built settings, and 
religious themes. Approximate date: 7th millennium B.C. to the 18th 
century A.D.
    3. Panel Paintings (Icons)--An icon is a work of art for religious 
devotion, normally depicting saints, angels, or other religious 
figures. These are painted on a wooden panel, often for inclusion in a 
wooden screen (iconostasis), or else painted onto ceramic panels. May 
be partially covered with gold or silver, sometimes encrusted with 
precious or semi-precious stone. Approximate date: 4th century A.D. to 
the 18th century A.D.
    K. Mosaics--May be a combination of small three-dimensional pieces 
of colored stone or glass (tesserae) to create motifs such as geometric 
shapes, mythological scenes, floral or animal designs, natural motifs 
such as landscapes, and daily chores. The opus sectile technique is 
also used. These were generally applied to walls, ceilings, or floors. 
Approximate date: 7th century B.C. to the 18th century A.D.

II. Ethnological Material

    Ethnological material covered by the agreement includes 
architectural elements, funerary objects, ritual and ceremonial 
objects, paintings, written records, and military material that 
contribute to the knowledge of the origins, development, and history of 
the Turkish people. This includes objects from the 1st c. A.D. starting 
in the Roman Empire, through the Byzantine, Seljuk, Beyliks, and 
Ottoman periods, and ending in A.D. 1923, with the foundation of the 
Republic of Turkey.
    A. Architectural Elements--This category includes architectural 
elements and decoration from religious and public buildings in all 
materials. These buildings have distinctive characteristics described 
below. Examples of architectural elements covered in the Agreement 
include, but are not limited to, the following objects:
    1. Structural and Decorative Architectural Elements--This category 
includes material from religious or public buildings in stone, ceramic, 
plaster, wood, and other organic elements, which includes blocks; 
columns, capitals, bases, lintels, jambs, friezes, and pilasters; 
panels, doors, door frames, and window fittings; altars, prayer niches 
(mihrab), screens, iconostasis, fountains, ceilings, tent poles, and 
carved and molded brick. Metal elements are primarily in copper, brass, 
lead, and alloys, and may include doors, door fixtures, lathes, 
finials, chandeliers, screens, and sheets to protect domes. Glass may 
be incorporated into either structural or decorative elements. This 
category also includes relief and inlay sculpture, including appliques 
and plaques that may have been part of a building. May be plain, 
molded, carved, or inscribed. Decorative motifs may be incised or in 
high relief.
    2. Tiles--Ceramic tiles were often used for adorning walls, roofs, 
and floors of mosques, masjids, mausoleums, shrines, and palaces. 
During the Seljuk Period, subject matter included star- and cross-
shaped tiles with creatures such as harpies, sphinxes, and double-
headed eagles. Human and animal figures were also common, as well as 
natural motifs such as the tree of life, scrolling branches with 
pomegranates, floral and geometric patterns, and inscriptions. During 
the Ottoman Period, subject matter included mainly floral motifs; the 
saz style motif with composite flowers, smaller rosettes, and saz 
leaves was also common. This type also includes glazed bricks.
    3. Mosaics--May be a combination of small three-dimensional pieces 
of colored stone or glass (tesserae) to create motifs such as geometric 
shapes, floral or animal designs, natural motifs such as landscapes, 
and scenes of religious or historical events. These were generally 
applied to walls, ceilings, or floors.
    B. Funerary Objects--This category includes objects related to 
funerary rites and burials in all materials. Examples of funerary 
objects covered in the

[[Page 31915]]

Agreement include, but are not limited to, the following objects:
    1. Sepulchers--Sepulchers are repositories for remains of the dead, 
in stone (usually marble or limestone), metal, and wood. Types of 
burial containers include sarcophagi, caskets, coffins, and urns. These 
may also have associated sculpture in relief or in the round. May be 
plain or have figural, geometric, or floral motifs either painted or 
carved in relief. May also contain human or animal remains.
    2. Inscriptions, Memorial Stones, Epitaphs, and Tombstones--This 
category includes inscribed funerary objects, primarily slabs in marble 
and ceramic; most frequently engraved with Ottoman Turkish, Turkish, 
Arabic, Greek, Armenian, or Hebrew. These may also have associated 
sculpture in relief or in the round.
    3. Funerary Offerings--This category includes objects in all 
materials; shrouds and body adornment such as clothing, jewelry, and 
accessories; idols, figurines, vessels, beads, weapons, or other ritual 
or ceremonial offerings; and writing implements, books, and 
manuscripts.
    C. Ritual and Ceremonial Objects--This category includes objects 
for use in religious services (Christian, Islamic, Jewish, and others) 
or for imperial use by the state (Byzantine Empire, Seljuk Empire, 
Anatolian Beyliks, and Ottoman Empire). Examples of ritual and 
ceremonial objects covered in the Agreement include, but are not 
limited to, the following objects:
    1. Religious Objects--This category includes objects in all 
materials such as lamps, libation vessels, pitchers, chalices, plates, 
censers, candelabra, crosses and cross pendants, pilgrim flasks, 
tabernacles, boxes and chests, carved diptychs, liturgical spoons, 
Kiddush cups, bells, ampoules, Torah pointers and finials, prayer 
beads, icons, amulets, and Bektashi surrender stones. This type also 
includes reliquaries and reliquary containers, which may or may not 
include human remains. Often engraved or otherwise decorated.
    2. Imperial--This category includes objects in all materials, such 
as ceremonial garments, clothing emblematic of imperial position, and 
other accessories thereof such as shoes, headdresses and hats, belts, 
and jewelry; objects of imperial office such as scepters, staffs, 
insignia, relics, and monumental boxes, trays, and containers; flags, 
flagstaffs, and alem (finials); stamps, seals, and writing implements 
for official use by the state; tapestries, or other representations of 
the imperial court; musical instruments; and boats, chariots, and other 
forms of official transportation, and parts thereof.
    3. Furniture--This category includes objects primarily in stone or 
wood, including altars, tables, platforms, pulpits, fonts, screens, 
thrones, minbar, lecterns, desks, and other types of furniture used for 
religious or official imperial purpose.
    4. Textiles--Generally in linen, silk, and wool. This category 
includes textiles and fragments from religious contexts including 
garments such as tapestries, hangings, prayer rugs and carpets, shrine 
covers, altar cloths; clothing and accessories such as robes, 
vestments, kaftans, turbans, hats, and talismanic shirts. Commonly 
decorated with embroidered designs including religious, floral, and 
geometric motifs. This category also includes imperial objects such as 
clothing including vestments and robes; flags and flag bags (sanjaks); 
and carpets and tapestries.
    5. Musical Instruments--This category includes instruments 
important for religious or imperial ceremonies such as a baglama or 
saz, tambur, rebab, and ud (string instruments); harps; ney (reed 
flute); pipes; whistles; kudum (small double drum); kos (drum); kanun 
(zither); trumpets and bugles; and cymbals.
    D. Paintings--This category includes works of paint on plaster, 
wood, or ceramic from religious or public contexts. Paintings from 
these periods provide information on social and religious history of 
the people of Turkey that may be absent from written records. Examples 
of paintings include, but are not limited to:
    1. Wall Paintings--This category includes paintings on various 
types of plaster, which generally portray religious images and/or 
scenes of Biblical events. Types may also include simple applied color, 
bands and borders, animal, floral, and geometric motifs.
    2. Panel Paintings (Icons)--Icons are smaller versions of the 
scenes on wall paintings, and may be partially covered with gold or 
silver, sometimes encrusted with semi-precious or precious stones and 
are usually painted on a wooden panel, often for inclusion in a wooden 
screen. May also be painted on ceramic.
    3. Works on Paper--Paintings may be on papyrus, parchment, and 
paper. Images depicted may include religious scenes, representations of 
imperial court life, simple applied color, bands and borders, animal, 
floral, and geometric motifs.
    E. Written Records--This category includes written records of 
religious, political, or scientific importance, including, but not 
limited to, the following. Works may be on papyrus, parchment, paper, 
or leather. Papyrus documents are often rolled and/or fragmentary. 
Parchment and paper documents may be single leaves or bound as scrolls 
or books. They may have illustrations or illuminated paintings with 
gold or other colors. There are also examples of Qurans and other 
religious and/or rare books written on leather pages. This category 
includes boxes for books or scrolls made of wood or other organic 
materials, and book or manuscript covers made of leather, textile, or 
metal.
    F. Military Material--This category includes imperial military 
objects from the Byzantine, Seljuk, Beyliks, and Ottoman periods, in 
all materials.
    1. Uniforms--Uniform clothing either meant to be worn under armor 
or without, is usually made of textile or leather. This includes 
clothing emblematic of military position, and other accessories thereof 
such as shoes, headdresses and hats, belts, and jewelry.
    2. Weapons and Armor--These are often in iron, steel, or other 
metal. This category includes arrows, daggers, swords, saifs, 
scimitars, other blades with or without sheaths, spears, and pre-
industrial firearms and cannon; may be for use in combat or ceremonial. 
May be inlaid with gemstones, embellished with silver or gold, or 
engraved with floral or geometric motifs. Grips or hilts may be made of 
metal, wood, or semi-precious stones such as agate, or bound with 
leather. Armor may consist of small metal scales, originally sewn to a 
backing of textile or leather. This type also includes helmets, body 
armor, shields, and horse armor. Other objects may be made of leather, 
including archer's bags, shields, and masks. This category also 
includes: Auxiliary objects such as powder horns and belts; military 
standards; and boats, chariots, or other means of imperial military 
transportation.
    3. Musical Instruments--These instruments were used to encourage 
and direct military operations. This category includes pipes and other 
wind instruments, trumpets and bugles, and drums and other percussion 
instruments such as the [ccedil]evgan (a long-handled rattle with bells 
and chimes).

Inapplicability of Notice and Delayed Effective Date

    This amendment involves a foreign affairs function of the United 
States and is, therefore, being made without notice or public procedure 
under 5 U.S.C. 553(a)(1). For the same reason, a delayed effective date 
is not required under 5 U.S.C. 553(d)(3).

[[Page 31916]]

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, and Reporting and recordkeeping requirements.

Amendment to the 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 
Turkey 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.
------------------------------------------------------------------------
 
                              * * * * * * *
Turkey..................  Archaeological         CBP Dec. 21-09.
                           material
                           representing
                           Turkey's cultural
                           heritage ranging
                           from approximately
                           1,200,000 B.C. to
                           A.D. 1770, and
                           ethnological
                           material ranging
                           from the 1st century
                           A.D. to A.D. 1923.
------------------------------------------------------------------------

* * * * *
    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 notice 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: June 11, 2021.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2021-12646 Filed 6-15-21; 8:45 am]
BILLING CODE 9111-14-P