[Federal Register Volume 87, Number 180 (Monday, September 19, 2022)]
[Rules and Regulations]
[Pages 57142-57145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20314]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Part 12

[CBP Dec. 22-23]
RIN 1515-AE75


Extension and Amendment of Import Restrictions on Archaeological 
and Ethnological Materials From Mali

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

ACTION: Final rule.

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SUMMARY: This document amends the U.S. Customs and Border Protection 
(CBP) regulations to reflect an extension and amendment of import 
restrictions on certain categories of archaeological and ethnological 
material from the Republic of Mali (Mali) to fulfill the terms of the 
new agreement, titled ``Agreement Between the Government of the United 
States of America and the Government of the Republic of Mali Concerning 
the Imposition of Import Restrictions on Categories of Archaeological 
and Ethnological Material of Mali.'' The Designated List, which was 
last described in CBP Dec. 17-12, is amended in this document to 
reflect additional categories of archaeological material found 
throughout the entirety of Mali and additional categories of 
ethnological material associated with religious activities, ceremonies, 
or rites, and enforcement of import restrictions is being extended for 
an additional five years by this final rule.

DATES: Effective on September 15, 2022.

FOR FURTHER INFORMATION CONTACT: For legal aspects, W. Richmond 
Beevers, Chief, Cargo Security, Carriers and Restricted Merchandise 
Branch, Regulations and Rulings, Office of Trade, (202) 325-0084, [email protected]. For operational aspects, Julie L. 
Stoeber, Chief, 1USG Branch, Trade Policy and Programs, Office of 
Trade, (202) 945-7064, [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    Pursuant to the Convention on Cultural Property Implementation Act, 
Public Law 97-446, 19 U.S.C. 2601 et seq., which implements the 1970 
United Nations Educational, Scientific and Cultural Organization 
(UNESCO) Convention on the Means of Prohibiting and Preventing the 
Illicit Import, Export and Transfer of Ownership of Cultural Property 
(823 U.N.T.S. 231 (1972)), the United States entered into a bilateral 
agreement with the Republic of Mali (Mali) on September 19, 1997, 
concerning the imposition of import restrictions on archaeological 
material from Mali (the 1997 Agreement).\1\ The 1997 Agreement included 
among the materials covered by the restrictions, archaeological 
material from the region of the Niger River Valley of Mali and the 
Bandiagara Escarpment (Cliff), Mali, then subject to the emergency 
restrictions imposed by the former U.S. Customs Service (U.S. Customs 
and Border Protection's (CBP) predecessor) in Treasury Decision (T.D.) 
93-74 (58 FR 49428 (September 23, 1993)). These emergency import 
restrictions were imposed pursuant to 19 U.S.C. 2603(c) and 19 CFR 
12.104g(b) and effective for a period of five years.
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    \1\ The 1997 Agreement was entered into following the emergency 
imposition of import restrictions on archaeological objects from the 
region of the Niger River Valley of Mali and the Bandiagara 
Escarpment (Cliff), Mali. The emergency restrictions were imposed by 
the former U.S. Customs Service in Treasury Decision (T.D.) 93-74 
and were published in the Federal Register (58 FR 49428) on 
September 23, 1993. The 1997 Agreement replaced the emergency 
restrictions.
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    On September 23, 1997, the former U.S. Customs Service published 
T.D. 97-80 in the Federal Register (62 FR 49594), which amended 19 CFR 
12.104g(a) to reflect the imposition of these restrictions, and 
included a list designating the types of archaeological material 
covered by the restrictions.
    Import restrictions listed at 19 CFR 12.104g(a) are effective for 
no more than five years beginning on the date on which an agreement 
enters into force with respect to the United States. This period may be 
extended for additional periods of no 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. See 19 CFR 
12.104g(a).
    Since the initial final rule was published on September 23, 1997, 
the import restrictions were subsequently extended and/or amended four 
(4) times. First, on September 20, 2002, the former U.S. Customs 
Service published T.D. 02-55 in the Federal Register (67 FR 59159) to 
extend the import restrictions for an additional five-year period.
    Second, on September 19, 2007, CBP published CBP Decision (Dec.) 
07-77 in the Federal Register (72 FR 53414), to extend the import 
restrictions for an additional five-year period and to impose import 
restrictions on new subcategories of objects throughout Mali from the 
Paleolithic Era (Stone Age) to approximately the mid-eighteenth 
century.
    Third, on September 19, 2012, CBP published CBP Dec. 12-14 in the 
Federal Register (77 FR 58020), to extend the import restrictions for 
an additional five-year period.
    Fourth and lastly, on September 19, 2017, CBP published CBP Dec. 
17-12 in the Federal Register (82 FR 43692), to extend the import 
restrictions for an additional five-year period and to impose import 
restrictions on certain categories of ethnological material, 
specifically, manuscripts dating between the twelfth and twentieth 
centuries, in paper.
    On January 6, 2022, the United States Department of State proposed 
in the Federal Register (87 FR 791) to extend and amend the agreement 
between the United States and Mali concerning the import restrictions 
on certain categories of archaeological and ethnological material from 
Mali. On April 27, 2022, the Assistant Secretary for Educational and 
Cultural Affairs, United States Department of State, determined that: 
(1) the cultural heritage of Mali continues to be in jeopardy from 
pillage of certain archaeological and ethnological material currently 
covered and that the import restrictions should be extended for an 
additional five years; and (2) the cultural heritage of Mali is in 
jeopardy from pillage of additional categories of archaeological 
material found throughout the entirety of Mali and additional 
categories of ethnological material associated with religious 
activities, ceremonies, or rites, and that import restrictions should 
be imposed on such additional categories. Pursuant to the new 
agreement, the existing import restrictions will remain in effect for 
an additional five years through September 13, 2027, along with the 
imposition of additional import

[[Page 57143]]

restrictions on new categories of archaeological and ethnological 
material mentioned above and added to the Designated List, which will 
also be effective for a five-year period through September 13, 2027.
    Accordingly, CBP is amending 19 CFR 12.104g(a) to reflect the 
extension of the import restrictions and amending the Designated List 
of cultural property described in CBP Dec. 17-12 with the addition of 
categories of archaeological material including, but not limited to, 
objects of ceramic, leather, metal, stone, glass, textiles, and wood, 
and certain additional categories of ethnological material associated 
with religious activities, ceremonies, or rites of traditional African 
or Islamic cultures or religions; architectural elements; and funerary 
objects; all at least 100 years old. The restrictions on the 
importation of archaeological material and ethnological material 
continue to be in effect through September 13, 2027. Importation of 
such materials from Mali continues to be restricted through that date 
unless the conditions set forth in 19 U.S.C. 2606 and 19 CFR 12.104c 
are met.
    The Designated List and additional information may also be found at 
the following website address: https://eca.state.gov/cultural-heritage-center/cultural-property-advisory-committee/current-import-restrictions 
by selecting ``Mali'' from the list.

Designated List of Archaeological and Ethnological Material From Mali

    This Designated List, amended as set forth in this document, 
includes archaeological material that originates in Mali, ranging in 
date from the Paleolithic Era (Stone Age) to approximately the mid-
eighteenth-century A.D. The Designated List is amended to include 
additional categories of archaeological material found throughout the 
entirety of Mali. These categories include, but are not limited to, 
objects of ceramic, leather, metal, stone, glass, textiles, and wood. 
The Designated List also includes certain categories of ethnological 
material, namely, manuscripts dating between the twelfth and twentieth 
centuries A.D., in paper, and is amended to include new categories of 
ethnological material associated with religious activities, ceremonies, 
or rites of traditional African or Islamic cultures or religions; 
architectural elements; and funerary objects; all at least 100 years 
old.
    The list set forth below is representative only. Any dimensions are 
approximate.

Archaeological Material

    Includes objects dating from the Paleolithic Era (Stone Age) to 
approximately the mid-eighteenth-century A.D.

I. Ceramics/Terracotta/Fired Clay

    The best-known types and sites include, but are not limited to, 
Djenne[acute]-Djeno or Jenne, Bankoni, Essouk-Tadmekka, Guimbala, 
Banamba, Bougouni, Bura, Gao, Kidal, Talohos, and Teghaza.

A. Figures/Statues

    1. Anthropomorphic figures, often incised, impressed and with added 
motifs, such as scarification marks and serpentine patterns on their 
bodies, often depicting horsemen or individuals sitting, squatting, 
kneeling, embracing, or in a position of repose, arms elongated the 
length of the body or crossed over the chest, with the head tipped 
backwards. Includes terracotta masks. (H: 5 to 50 cm.)
    2. Zoomorphic figures, often depicting a snake motif on statuettes 
or on the belly of globular vases. Sometimes the serpent is coiled in 
an independent form. A horse motif is common but is usually mounted. 
Includes quadrupeds. (H: 5 to 40 cm.)

B. Common Vessels

    1. Funerary jars, ochre in color, often stamped with chevrons. (H: 
50 to 82 cm.)
    2. Globular vases often stamped with chevrons and serpentine forms. 
(H: under 10 cm.)
    3. Bottles with a long neck and a belly that is either globular or 
streamlined. Some have lids shaped like a bird's head.
    4. Ritual pottery of the Tellem culture, decorated with a 
characteristic plaited roulette.
    a. Pots made on a convex mold built up by coiling.
    b. Hemispherical pots made on three or four legs or feet resting on 
a stand.
    5. Kitchen pottery of the Tellem culture with the paddle-and-anvil 
technique decorated with impressions from woven mats.
    6. Vessels and containers often decorated with stamps, combs, 
incised linear decorations, and/or geometric forms. May have some 
surface treatment such as slip or a burnished finish.
    7. Jars often with long, funnel-shaped neck and a flared rim. May 
be decorated with wide parallel incisions, grooves, or fluting. Jars 
often have surface treatment that is a combination of red slip with 
white or black paint. Typically associated with the Gao Saneye region.
    8. Glazed ceramic vessels, containers, and lamps often decorated 
with bright colors such as red, green, turquoise, yellow, and/or black. 
Types have been recovered at Essouk-Tadmeka.
    9. Terracotta crucibles, which may have vitrified residues in a 
blueish color used in craft production for melting copper.
    10. Bed supports or frames that may be decorated with stamps, 
combs, incised linear decorations, and/or geometric forms. May have 
some surface treatment such as slip or a burnished finish.
    11. Bottle stoppers made in terracotta. May be decorated with a 
zoomorphic figure such as a ram or rooster head. (H: approximately 20 
cm.)

C. Jewelry

    Terracotta beads in different shapes such as tapered, oval, 
cylindrical, segmented, elongated, and others. (H: typically, between 2 
cm. to 8 cm.)

II. Leather

    Objects of leather found in Tellem funerary caves of the Bandiagara 
Escarpment or other archaeological sites across Mali include, but are 
not limited to:
    A. Sandals often decorated and furnished with a leather ankle 
protection.
    B. Boots profusely painted with geometric designs.
    C. Plaited bracelets.
    D. Knife-sheaths.
    E. Loinskins.
    F. Bags.

III. Metal

    Objects of copper, bronze, iron, and gold from Mali include, but 
are not limited to:

A. Copper and Copper Alloy (Such as Bronze)

    1. Figures/Statues.
    a. Anthropomorphic figures, including equestrian figures and 
kneeling figures. (Some are miniatures no taller than 5 centimeters; 
others range from 15 to 76 cm.)
    b. Zoomorphic figures, such as the bull and the snake.
    2. Bells (H: 10 to 12 cm.) and finger bells (H: 5 to 8 cm.).
    3. Jewelry and items of personal adornment that include, but are 
not limited to, bracelets, pendants, finger rings, amulets, amulet 
holders, belts, brooches, buckles, buttons, charms, hair ornaments, 
hairpins, necklaces, ornaments, pectoral ornaments, rosettes, staffs, 
and others. Well-known motifs include bull's heads, snakes, and 
antelopes.

[[Page 57144]]

B. Iron

    1. Figures/Statues.
    a. Anthropomorphic figures. (H: 12 to 76 cm.)
    b. Zoomorphic figures, sometimes representing a serpent or a 
quadruped animal. (H: 12 to 76 cm.)
    2. Headrests of the Tellem culture.
    3. Ring-bells or finger-bells of the Tellem culture.
    4. Bracelets and armlets of the Tellem culture.
    5. Hairpins, twisted and voluted, of the Tellem culture.
    6. Tools and weapons that include knives, swords, hooks, harpoons, 
weights, axes, scrapers, trowels, and other tools.

C. Gold

    Jewelry and items of personal adornment including, but not limited 
to, amulets, amulet holders, bracelets, belts, brooches, buckles, 
buttons, charms, hair ornaments, hairpins, necklaces, ornaments, 
pectoral ornaments, pendants, rings, rosettes, staffs, and others.

IV. Stone

    Objects of stone from Mali include, but are not limited to:
    A. Beads in carnelian (faceted) and other types of stone.
    B. Quartz lip plugs.
    C. Funerary stelae (headstones) inscribed in Arabic.
    D. Chipped stone lithics from the Paleolithic and later eras 
including axes, knives, scrapers, arrowheads, and cores.
    E. Ground stone from the Neolithic and later eras including axes, 
adzes, pestles, grinders, and bracelets.
    F. Small carved statuary and figurines.
    G. Rock art that is incised, engraved, pecked, and/or that displays 
painted drawings on natural rock surfaces. May have inscriptions in 
Arabic.
    H. Megaliths, monoliths, or funerary stelae that may be carved, 
ground, and/or pecked into a bell shape. May have incised geometric 
decorations. Often in shaped sandstone or laterite. Heights vary, but 
typically range from 45 centimeters to 150 centimeters.

V. Glass

A. Beads

    A variety of glass beads have been recovered at archaeological 
sites in Mali. Glass beads typically come in cylindrical, oval, 
segmented, elongated or stretched pearl shapes. Beads are made with 
single (blue, red, white, green, black) or multiple colors. Beads may 
be brightly colored hues of blue, green, red, turquoise, yellow, and/or 
white. Beads typically range from 5 mm. to 3 cm.

B. Vessels

    Vessel types may be conventional shapes and include small jars, 
bowls, goblets, spouted vessels, candle holders, perfume jars, and 
lamps. Ancient examples may be engraved and/or colorless or blue, 
green, yellow, or orange, while those from the Islamic period may 
include animal, floral, and/or geometric motifs.

VI. Textiles

    Textile objects, or fragments thereof, have been recovered in the 
Tellem funerary caves of the Bandiagara Escarpment and other 
archaeological sites across Mali and include, but are not limited to:

A. Cotton

    1. Tunics.
    2. Coifs.
    3. Blankets.

B. Vegetable Fiber (e.g., Skirts, Aprons, and Belts Made of Twisted and 
Intricately Plaited Vegetable Fiber)

C. Wool (e.g., Blankets)

VII. Wood

    Objects of wood may be found archaeologically (in funerary caves of 
the Tellem or Dogon peoples in the Bandiagara Escarpment, for example) 
and the following are representative examples of wood objects usually 
found:

A. Figures/Statues

    1. Anthropomorphic figures--usually with abstract body and arms 
raised standing on a platform, sometimes kneeling. (H: 25 to 61 cm.)
    2. Zoomorphic figures--depicting horses and other animals. (H: 25 
to 61 cm.)

B. Headrests

C. Household Utensils

    1. Bowls.
    2. Spoons--carved and decorated.

D. Agricultural/Hunting Implements

    1. Hoes and axes--with either a socketed or tanged shafting without 
iron blades.
    2. Bows--with a notch and a hole at one end and a hole at the other 
with twisted, untanned leather straps for the ``string''.
    3. Arrows, quivers.
    4. Knife sheaths.

E. Musical Instruments

    1. Flutes with end blown, bi-toned.
    2. Harps.
    3. Drums.

Ethnological Material

I. Manuscripts

    Manuscripts and portions thereof from the Mali Empire, Songhai 
Empire, pre-Colonial, and French Colonial periods of Mali (twelfth to 
early twentieth centuries A.D.), including but not limited to Qur'ans 
and other religious texts, letters, treatises, doctrines, essays or 
other such papers spanning the subjects of astronomy, law, Islam, 
philosophy, mathematics, governance, medicine, slavery, commerce, 
poetry, and literature, either as single leaves or bound as a book (or 
``codex''), and written in Arabic using the Kufic, Hijazi, Maghribi, 
Saharan, Sudani, Suqi, Nashk, or Ajami scripts written on paper.

II. Funerary Markers

    Includes tombstones and burial markers incised with Arabic writing 
and script. Shapes vary but include square or baguette-shapes. 
Primarily in laterite, marble, or quartz. Approximate dimensions 20 
centimeters to 120 centimeters high. Approximate dates: A.D. 1100-1920.

III. Wooden Objects

A. Ancestor Figurines

    Includes carved wooden figurines often carved in high relief with 
elongated forms and limbs. Forms may be abstract and stylized. 
Typically associated with the Bamana, Dogon, Minianka, Senufo, or 
Soninke. Approximate dates: A.D. 1200-1920.

B. Architectural Materials

    Includes locks, shutters, and panels carved from wood in civic and 
community buildings, found primarily in the Dogon culture area.

C. Ritual Vessels

    Includes wooden carved arks and containers, often known as Aduno 
Koro used for ceremonies and religious activities, primarily found in 
the Dogon culture area. May have carvings of humans, horses, lizards, 
and/or other designs.

IV. Masks and Headdresses

    Includes types typically made from brass/bronze, coconut shell, 
iron, ivory, leather, raffia, wood, plant fibers, quills, animal horns, 
or a combination of materials. They can be carved and adorned with 
decorative and symbolic designs. Beads, bells, and/or shells can be 
attached. They can be sculpted and decorated to represent human, 
animal, and composite forms (for example, a

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horse and its rider). Masks may be encrusted with layers of clay, 
kaolin, ochre, soil, and/or sediment. Masks and headdresses were 
typically created in three forms: (1) helmet-style; (2) facemasks; and 
(3) headcrests (worn on the top of the head). Masks and headdresses 
included are typically associated with religious activities and/or 
ceremonies, including the various secret societies of the Mande (e.g., 
Komo, Dojos, or the brotherhood of hunters) and communities of Mali, 
including, theBamana, Bobo, Bozo, Dogon, Malink[eacute], Minianka, or 
Senufo. Approximate dates ofA.D. 1200-1920.

V. Textiles

    Includes beaded and adorned garments such as diviner's bags, 
hunting shirts with protective amulets typically crafted out of cotton 
and leather. Textiles are typically associated with religious 
activities and/or ceremonies, including the various secret societies of 
the Mande (e.g., Komo, Dojos, or the brotherhood of hunters) and 
communities of Mali, including theBamana, Bobo, Bozo, Dogon, 
Malink[eacute], Minianka, Peuhl or Fulani, or Senufo. Approximate dates 
ofA.D. 1200-1920.

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).

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.
    Chris Magnus, the Commissioner of CBP, having reviewed and approved 
this document, has delegated 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.

List of Subjects in 19 CFR Part 12

    Cultural property, Customs duties and inspection, Imports, 
Prohibited merchandise, 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, amend the table in paragraph (a) by revising the 
entry for Mali to read as follows:


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

    (a) * * *

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               State party                                  Cultural property                     Decision No.
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Mali....................................  Archaeological material from Mali from the             CBP Dec. 22-23.
                                           Paleolithic Era (Stone Age) to approximately the
                                           mid-eighteenth century, and ethnological materials
                                           dating between the twelfth and twentieth centuries.
 
                                                  * * * * * * *
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* * * * *

Robert F. Altneu,
Director, Regulations & Disclosure Law Division, Regulations & Rulings, 
Office of Trade U.S. Customs and Border Protection.

    Approved:

Thomas C. West, Jr.,
Deputy Assistant Secretary of the Treasury for Tax Policy.
[FR Doc. 2022-20314 Filed 9-15-22; 4:15 pm]
BILLING CODE 9111-14-P