Daily Rules, Proposed Rules, and Notices of the Federal Government
Pursuant to the provisions of the 1970 UNESCO Convention, codified into U.S. law as the Convention on Cultural Property Implementation Act (hereafter, the Cultural Property Implementation Act or the Act) (Pub. L. 97-446, 19 U.S.C. 2601
In certain limited circumstances, the Cultural Property Implementation Act authorizes the imposition of restrictions on an emergency basis (19 U.S.C. 2603). Under the Act and applicable CBP regulations (19 CFR 12.104g(b)), emergency restrictions are effective for no more than five years from the date of the State Party's request and may be extended for three years where it is determined that the emergency condition continues to apply with respect to the covered materials (19 U.S.C. 2603(c)(3)).
On April 15, 1991, under the authority of the Cultural Property Implementation Act, the former U.S. Customs Service published Treasury Decision (T.D.) 91-34 in the
On September 29, 1997, the United States entered into a bilateral Agreement with Guatemala concerning the imposition of (non-emergency) import restrictions on archaeological materials from the Pre-Columbian cultures of Guatemala (the 1997 Agreement). The 1997 Agreement included among the materials covered by the restrictions the archaeological materials then subject to the emergency restrictions imposed by T.D. 91-34. On October 3, 1997, the former United States Customs Service published T.D. 97-81 in the
The restrictions were subsequently extended, in 2002 by T.D. 02-56 (67 FR 61259) and in 2007 by Customs and Border Protection Decision (CBP Dec.) 07-79 (72 FR 54538), to September 29, 2012.
On March 12, 2012, by publication in the
The Department of State reviewed the findings and recommendations of the Cultural Property Advisory Committee, and, on August 7, 2012, the Assistant Secretary for Educational and Cultural Affairs, Department of State, determined that the cultural heritage of Guatemala continues to be in jeopardy from pillage of certain archaeological objects and is also in jeopardy from pillage of certain ecclesiastical ethnological materials dating to the Conquest and Colonial Periods of Guatemala (c. A.D. 1524 to 1821). The Assistant Secretary made the necessary determination to extend the import restrictions for an additional five-year period to September 29, 2017, and to include in their coverage these ecclesiastical ethnological materials. An exchange of diplomatic notes reflects the extension of the restrictions, as described in this document and as applicable to the revised Designated List set forth in this document.
Thus, CBP is amending 19 CFR 12.104g(a) accordingly. Importation of covered materials from Guatemala will be restricted through September 29, 2017, in accordance with the conditions set forth in 19 U.S.C. 2606 and 19 CFR 12.104c.
In this document, the Designated List of articles that was published in T.D. 97-81 is amended to include ecclesiastical ethnological material dating to the Conquest and Colonial Periods of Guatemala (c. A.D. 1524 to 1821). The articles described in the Designated List set forth below are protected pursuant to the Agreement. (It is noted that there are no revisions to the section of the Designated List pertaining to covered archaeological objects. It is reprinted as a convenience.)
This Designated List, amended as set forth in this document, includes Pre-Columbian archaeological materials that originate in Guatemala, ranging in date from approximately 2000 B.C. to approximately A.D. 1524, including, but not limited to, objects comprised of ceramic, stone, metal, shell, and bone that represent cultures that lived in the Peten Lowlands, the Highlands, and the South Coast of Guatemala. The List also includes certain categories of ethnological materials used in ecclesiastical contexts in Guatemala dating to the Conquest and Colonial periods (approximately A.D. 1524-1821), including sculptures in wood and other materials, objects of metal, and paintings on canvas, wood, or metal supports relating to ecclesiastical themes. The Designated List, and accompanying image database, may also be found at the following Internet Web site address:
The list set forth below is representative only. Any dimensions areapproximate.
1. Vases—(10-25 cm ht).
2. Bowls—(8-15 cm ht).
3. Dishes and plates—(27-62 cm diam).
4. Jars—(12.5-50 cm ht).
1. Drums—polychrome painted and plain (35-75 cm ht).
2. Figurines—human and animal form (6-15 cm ht).
3. Whistles—human and animal form (5-10 cm ht).
4. Rattles—human and animal form (5-7 cm ht).
5. Miniature vessels—(5-10 cm ht).
6. Stamps and seals—engraved geometric design, various sizes/shapes.
7. Effigy vessels—in human or animal form (16-30 cm ht).
8. Incense burners—elaborate painted, applied and modeled decorationin form of human figures (25-50 cm ht).
1. Arrowheads (3-7 cm length).
2. Axes, adzes, celts (3-16 cm length).
3. Blades (4-15 cm length).
4. Chisels (20-30 cm length).
5. Spearpoints (3-10 cm length).
6. Eccentric shapes (10-15 cm length).
7. Grindingstones (30-50 cm length).
1. Bowls (10-25 cm ht).
2. Plates/Dishes (15-40 cm diam).
3. Vases (6-23 cm ht).
4. Earrings or earplugs.
4. Earrings or earplugs.
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 reasons, a delayed effective date is not required.
Because no notice of proposed rulemaking is required, the provisions of the Regulatory Flexibility Act (5 U.S.C. 601
Because this rule involves a foreign affairs function of the United States, it is not subject to Executive Order 12866.
This regulation is being issued in accordance with 19 CFR 0.1(a)(1).
Cultural property, Customs duties and inspection, Imports, Prohibited merchandise.
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:
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;