Archaeological and Ethnological Material From Canada

DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 12

[T.D. 97-31]

RIN 1515-AC14

Archaeological and Ethnological Material From Canada

AGENCY: U.S. Customs Service, Department of the Treasury.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This document amends the Customs Regulations to reflect the

imposition of import restrictions on certain archaeological and

ethnological material of Canada's native peoples and certain underwater

archaeological material. These restrictions are being imposed pursuant

to an agreement between the United States and Canada which has been

entered into under the authority of the Convention on Cultural Property

Implementation Act in accordance with the 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. The document also contains the

Designated List of Archaeological and Ethnological Material which

describes the articles to which the restrictions apply.

EFFECTIVE DATE: April 22, 1997.

FOR FURTHER INFORMATION CONTACT:

Legal Aspects: Donnette Rimmer, Intellectual Property Rights Branch

(202) 482-6960.

Operational Aspects: Louis Alfano, Commercial Enforcement, Office

of Field Operations (202) 927-0005.

SUPPLEMENTARY INFORMATION:

Background

The value of cultural property, whether archaeological or

ethnological in nature, is immeasurable. Such items often constitute

the very essence of a society and convey important information

concerning a people's origin, history, and traditional setting. The

importance and popularity of such items regrettably makes them targets

of theft, encourages clandestine looting of archaeological sites, and

results in their illegal export and import.

The U.S. shares in the international concern for the need to

protect endangered cultural property. The appearance in the U.S. of

stolen or illegally exported artifacts from other countries where there

has been pillage has, on occasion, strained our foreign and cultural

relations. This situation, combined with the concerns of museum,

archaeological, and scholarly communities, was recognized by the

President and Congress. It became apparent that it was in the national

interest for the U.S. to join with other countries to control illegal

trafficking of such articles in international commerce.

The U.S. joined international efforts and actively participated in

deliberations resulting in the 1970 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)). U.S.

acceptance of the 1970 UNESCO Convention was codified into U.S. law as

the ``Convention on Cultural Property Implementation Act'' (Pub.L. 97-

446, 19 U.S.C. 2601 et seq.)(``the Act''). This was done to promote

U.S. leadership in achieving greater international cooperation towards

preserving cultural treasures that are of importance not only to the

nations from which they originate, but also to greater international

understanding of mankind's common heritage. The U.S. is, to date, the

only major art importing country to implement the 1970 Convention.

During the past several years, import restrictions have been

imposed on an emergency basis on archaeological and cultural artifacts

of a number of signatory nations as a result of requests for protection

received from those nations.

Import restrictions are now being imposed as the result of a

bilateral agreement entered into between the United States and Canada.

This agreement was signed on April 10, 1997, under the authority of the

provisions of 19 U.S.C. 2602. Accordingly, Sec. 12.104g(a) of the

Customs Regulations is being amended to indicate that restrictions have

been imposed pursuant to the agreement between the United States and

Canada.

This document contains the Designated List of Archaeological and

Ethnological Material representing the cultures of the native peoples

of Canada which are covered by the agreement. Importation of articles

on this list is restricted unless the articles are accompanied by an

appropriate export certification issued by the Government of Canada.

In reaching the decision to recommend the application of import

restrictions, the Deputy Director, USIA, determined, pursuant to the

requirements of the Act, that with respect to:

(1) Inuit (Eskimo) archaeological and ethnological material, that

the cultural patrimony of Canada is in jeopardy from the pillage of

archaeological and ethnological material from the Inuit which includes

the following periods/cultures: Paleo-Eskimos (2000-500 B.C.), Dorset

(500 B.C.-1000 A.D.), Thule (1000-1800 A.D.), and the historic period

beginning approximately 1800 A.D.; and originates in the geographic

region extending from the Alaskan border in the west to Baffin Island

in the east and as far southeast as the coast of Labrador, and south to

the treeline, and falling within the present day area defined by the

Yukon and Northwest Territories and the provinces of Quebec and

Newfoundland-Labrador; and with respect to

(2) Subarctic Indian ethnological material, that the cultural

patrimony of Canada is in jeopardy from the pillage

[[Page 19489]]

of ethnological material of the Subarctic Indian which covers the

period from approximately the 17th century and which material dates

from the 17th century A.D.; and which material originates in the

geographic region extending from the Alaskan border in the west to

Labrador in the east, from the tundra extending south encompassing

large areas of the Yukon and Northwest Territories and including parts

of all provinces except New Brunswick, Nova Scotia and Prince Edward

Island on the east coast; and, with respect to

(3) Northwest Coast Indian archaeological and ethnological

material, that the cultural patrimony of Canada is in jeopardy from the

pillage of archaeological and ethnological material of the Northwest

Coast Indian beginning from approximately 10,000 B.C. for

archaeological material and since approximately 1800 A.D. for

ethnological material; and originates in the geographic region

extending in Canada along the coast of British Columbia (including

offshore islands) from the Alaskan border in the north to the southern

tip of Vancouver Island; and, with respect to

(4) Plateau Indian archaeological material, that the cultural

patrimony of Canada is in jeopardy from the pillage of archaeological

material of the Plateau Indian dating from approximately 6,000 B.C.;

and originates in the southern part of the interior region, between the

coastal mountain range and the Rocky Mountains, in the province of

British Columbia; and, with respect to

(5) Plains Indian ethnological material, that the cultural

patrimony of Canada is in jeopardy from the pillage of ethnological

material (dating from approximately 1700 A.D.) of the Plains Indian;

and originates in Canada in the region extending eastward from the

Rocky Mountains, southward from the North Saskatchewan River to the

Canada/U.S. border, and encompassing portions of the provinces of

Alberta, Saskatchewan and Manitoba; and, with respect to

(6) Woodlands Indian archaeological and ethnological material, that

the cultural patrimony of Canada is in jeopardy from the pillage of

archaeological (dating from approximately 9,000 B.C. to approximately

1550 A.D.) and ethnological material (dating from approximately the

mid-16th century) of the Woodlands Indian; originating in an area south

of the boreal forest in eastern Canada from the Great Lakes to the east

coast; and, with respect to

(7) Underwater archaeological material, that the cultural patrimony

of Canada is in jeopardy from the pillage of underwater archaeological

material found (at historic shipwrecks and other underwater historic

sites) in the inland waters of Canada as well as the Canadian

territorial waters of the Atlantic, Pacific and Arctic Oceans, and the

Great Lakes.

Designated List of Archaeological Artifacts and Ethnographic

Material Culture of Canadian Origin and Certain Underwater

Archaeological Material Restricted From Importation Into the United

States

Pursuant to an agreement between the United States and Canada, the

following list contains descriptions of the cultural materials for

which the United States imposes import restrictions under the

Convention on Cultural Property Implementation Act (P.L. 97-446), the

legislation enabling implementation of the 1970 UNESCO Convention on

the Means of Prohibiting and Preventing the Illicit Import, Export and

Transfer of Ownership of Cultural Property.

Definitions

For purposes of this list and in accordance with the United States

Cultural Property Implementation Act and Canada's Cultural Property

Export and Import Act, the following definitions are applicable:

Archaeological artifact means an object made or worked by a person

or persons and associated with historic or prehistoric cultures that is

of cultural significance and at least 250 years old and normally

discovered as a result of scientific excavation, clandestine or

accidental digging, or exploration on land or under water.

Ethnographic material culture means an object that was made,

reworked or adapted for use by a person who is an Aboriginal person of

Canada (e.g., the product of a tribal or non-industrial society), is of

ethnological interest and is important to the cultural heritage of a

people because of its distinctive characteristics, comparative rarity,

or its contribution to the knowledge of the origins, development or

history of that people. The terms ethnographic material culture and

ethnological material are used interchangeably.

Aboriginal person of Canada means a person of Indian or Inuit

ancestry, including a Metis person, or a person recognized as being a

member of an Indian, Inuit or Metis group by the other members of that

group, who at any time ordinarily resided in the territory that is now

Canada.

General Restrictions

Pursuant to Canada's Cultural Property Export and Import Act,

certain archaeological artifacts and ethnographic material are subject

to export control. Export permits are available at designated offices

of Canada Customs. Information about export controls is available from

Movable Cultural Property, Department of Canadian Heritage by telephone

at 819-997-7761.

In the absence of export permits where required, United States

import restrictions will apply to the following Aboriginal cultural

groups in Canada: Inuit (Eskimo) archaeological and ethnological

material; Subarctic Indian ethnological material; Northwest Coast

Indian archaeological and ethnological material; Plateau Indian

archaeological material; Plains Indian ethnological material; Woodlands

Indian archaeological and ethnological material. Such import

restrictions will also apply to underwater archaeological material

found at historic shipwrecks and other underwater historic sites in the

inland waters of Canada as well as the Canadian territorial waters of

the Atlantic, Pacific and Arctic Oceans, and the Great Lakes.

Below are representative lists, subject to amendment, of objects

covered by these import restrictions.

Ethnographic Material Culture

Below is a representative list, subject to amendment, of objects of

ethnographic material culture, organized by the primary type of

material used to make the object.

In accordance with Canadian law, restrictions only apply to

ethnological material listed below which was made, reworked or adapted

for use by an Aboriginal person of Canada who is no longer living,

which is greater than 50 years old, and which has a fair market value

in Canada of more than $3,000 (Canadian).

Ethnographic material from the following Aboriginal cultural groups

is included in this list and is subject to United States import

restrictions: Inuit (Eskimo); Subarctic Indian; Northwest Coast Indian;

Plains Indian; and Woodlands Indian.

Ethnographic material from the following cultural group is excluded

from this list and is not subject to United States import restrictions:

Plateau Indian.

This section is organized by the primary type of material used to

make the object.

[[Page 19490]]

I. Animal and Bird Skins (Hide), Fur and Feathers

A. Hunting and fishing equipment:

Quivers (arrow cases);

Rifle scabbards/holsters and bandoliers (ammunition belts); and

Kayaks, canoes and other boats made of skin or hide.

B. Horse trappings:

Saddle bags and throws, blankets, etc.

C. Clothing (often decorated with beads, buttons, hair, fur, shells,

animal teeth, coloured porcupine quills):

Belts, dresses, jackets, leggings, moccasins, robes, shirts, vests,

parkas;

Yokes, beaded;

Headdresses, decorated with feathers, hair, fur, and/or horn; and

Ornaments, jewelry and other accessories (including necklaces often

with hide-covered stone).

D. Other sewn objects:

Cradle boards and covers;

Bags, pouches;

Rugs; and

Tipi covers (with or without paint or other decoration).

E. Skins with applied writing, drawing, or painted decoration, design

or figures.

F. Musical instruments:

Drums.

G. Prepared Skins of Birds and mammals used in sacred bundles or as

wrappings.

H. Parfleches (all-purpose hide containers, folded and/or sewn, with or

without painted or other applied decoration).

II. Wood, Bark, Roots, Seeds

A. Weapons and hunting equipment:

Tomahawks;

Snowshoes;

Clubs;

Sheathes for knives;

Paddles; and

Canoes and other boats (carved wood, birchbark).

B. Containers:

Baskets, pouches, bags, mats; and

Boxes and chests (bark, root, wood), often elaborately carved or

painted.

C. Domestic utensils and tools:

Bowls;

Spoons, ladles;

Trays;

Spindle whorls (small, usually circular flywheels to regulate

textile or other spinning);

Adzes (axe-like tool for trimming and smoothing wood) and other

woodworking tools;

Bark beaters; and

Mat creasers.

D. Furniture:

Chairs, backrests, settees (seat or small bench with back); and

Mats.

E. Carved models:

Animal and human figurines; and

Miniature canoes and totem poles.

F. Toys, dolls and games.

G. Musical instruments:

Drums;

Whistles, flutes, recorders; and

Rattles, sometimes elaborately carved in animal or human form and

painted or otherwise decorated.

H. Ornaments and accessories:

Pendants, chains and other jewelry;

Combs; and

Birchbark belts.

I. Hats (spruce root, wood, bark, woven grass).

J. Ceremonial objects:

Pipes and pipestems;

Masks and headdresses (wood or cornhusk, often complexly carved and

painted, usually resembling animals, or human faces, sometimes

contorted);

Rattles (see description above in G.);

Bowls;

Staffs, standards (ceremonial poles, in some cases used to support

banners or flags); and

Birchbark scrolls with carved pictographic designs or figures.

K. Totem poles, house posts and wall panels (usually carved and/or

painted).

III. Bone, Tooth, Shell, Horn, Ivory, Antler (Items Made From, or

Decorated With)

A. Carved hunting and fishing equipment (such as carved bow handles).

B. Weapons and tools:

Clubs;

Needles and sewing kits; and

Shuttles (small instrument containing a reel or spool or otherwise

holding thread or other similar material during weaving or lace-

making).

C. Carved figurines:

Representations of people, fish, animals.

D. Ornaments and other accessories:

Combs;

Beads and pendants; and

Snow goggles and visors.

E. Ceremonial objects:

Masks (see description in II J.); and

Amulets and charms.

F. Miniatures and game pieces:

Especially cribbage boards.

G. Pipes.

H. Musical instruments:

Whistles.

IV. Stone, Argillite Stone, Amber

A. Hunting and fishing equipment:

Bola and bola weight (weapon consisting of long cord or thong with

stone balls at the end);

Blubber pounder;

Harpoon head;

Net weights; and

Toggles (rod, pin or bolt used with rope to tighten it, to make an

attachment or prevent slipping).

B. Tools:

Snow knives; and

Ulus (crescent-shaped knife with small handle on side).

C. Domestic utensils:

Plates, platters, bowls;

Lamps (bowl or trough-shaped) and wick trimmers;

Boxes; and

Hearthstone.

D. Ornaments and other accessories:

specially incised pendants.

E. Ceremonial objects:

Masks; and

Seated human and animal figure bowls.

F. Pipes:

Argillite, catlinite and steatite, often ornately carved with

animals and human designs.

G. Carved figurines:

Especially carved argillite figural groups and miniature totem

poles.

V. Porcupine Quills (items made from, or ornamented with)

A. Drinking tubes; and

B. Ornamentation for clothing and other sewn objects, usually colored.

VI. Textiles (Cotton, Wool, Linen, Canvas)

A. Decorated cloth panels and ceremonial dance curtains;

B. Garments and accessories:

Belts, dresses, hats/hoods, jackets, leggings, moccasins, robes,

shirts, vests, aprons, tunics;

Blankets or capes, often decorated with buttons, quillwork, beads,

shells; and

Pouches and bags.

C. Wrappings for ceremonial objects;

D. Canvas tipis and tipi models; and

E. Woven blankets (incl. Chilkat blankets of woven mountain goat wool

and cedar bark, with elaborate coloured designs).

VII. Metals (Copper, Iron, Steel, Gold, Silver, Bronze)

A. Weapons and shields:

Daggers.

B. Hunting and fishing equipment:

Fishing lures.

C. Tools:

Snow knives; and

Ulus (see description under IV B.).

D. Clothing and hair ornaments;

E. Ceremonial objects:

Masks;

[[Page 19491]]

Rattles, charms; and

Coppers (large flat copper plates with beaten or incised

decoration).

VIII. Clay

A. Figurines (people, fish, animals);

B. Pipes; and

C. Pottery vessels and containers such as bowls or jars.

IX. Beads (Glass, Clay, Shell, Bone, Brass) (Items Decorated With)

A. Horse gear (bridles, saddle bags, decorative accessories);

B. Bags, pouches, parfleches (see description in I H.), and knife

sheaths (decorative);

C. Clothing: belts, dresses, leggings, moccasins, shirts, vests,

jackets, hoods, mantles/robes;

D. Musical instruments:

Drums; and

E. Ceremonial/sacred amulets and objects

X. Hair (Items Decorated With, or Made From Human or Animal Hair)

Ornamentation used on clothing and other sewn objects, such as pouches,

ceremonial objects.

Archaeological Artifacts

Below is a representational list, subject to amendment, of

archaeological artifacts recovered from the soil of Canada, the

territorial sea of Canada or the inland or other internal waters of

Canada.

The Government of Canada, in accordance with Canadian law, will not

restrict the export of archaeological artifacts recovered less than 75

years after their loss, concealment or abandonment. United States

import restrictions, however, only will apply to archaeological

material that is at least 250 years old.

Archaeological artifacts from the following Aboriginal cultural

groups are included in this list: Inuit (Eskimo); Northwest Coast

Indian; Plateau Indian; Woodlands Indian. Also included in this list is

underwater archaeological material from historic shipwrecks and other

underwater historic sites.

Archaeological artifacts from the following Aboriginal cultural

groups are excluded from this list: Subarctic Indian, Plains Indian.

I. Aboriginal Archaeological Artifacts

A. Animal and Bird Skins (Hide), Fur and Feathers:

Quivers (arrow cases);

Kayaks, canoes and other boats made of skin or hide;

Clothing, ornaments and other accessories;

Bags, pouches; and

Drums.

B. Wood, Bark, Roots, Seeds:

Snowshoes;

Knives sheathes;

Canoes and paddles (wood);

Containers (wood baskets, pouches, boxes, chests);

Domestic utensils (wood bowls, spoons, woodworking tools);

Carved models, toys and games;

Musical Instruments (wood drums, flutes, whistles, rattles); and

Ceremonial objects (wood pipes, masks, rattles, bowls).

C. Bone, Tooth, Shell, Horn, Ivory, Antler:

Carved hunting and fishing equipment;

Weapons and tools (clubs, needles, shuttles);

Carved figurines (representations of people, fish, animals);

Ornaments and other accessories (combs, beads and pendants, snow

goggles and visors);

Masks and other ceremonial objects;

Miniatures and game pieces (including cribbage boards);

Pipes; and

Whistles.

D. Stone, Argillite Stone, Amber:

Hunting and fishing equipment (including harpoon or spear heads,

net weights, toggles, bola weights);

Tools (snow knives and ulus--see description in Ethnological

Material);

Plates, platters, bowls;

Lamps (bowl or trough-shaped);

Boxes;

Ornaments and other accessories;

Masks;

Pipes; and

Carved figurines.

E. Porcupine Quills (items made from, or decorated with):

Drinking Tubes;

Ornamentation for clothing, usually coloured;

Pouches, bags; and

Ceremonial objects.

F. Textiles (wool, cotton, linen, canvas):

Garments (see description under Ethnological Material);

Blankets, often decorated with buttons, quillwork, beads, shells;

Pouches, bags; and

Wrappings for ceremonial objects.

G. Metals (copper, iron, steel, gold, silver, bronze):

Weapons and shields;

Hunting and fishing equipment, including fishing lures;

Tools (including snow knives and ulus--see description under

Ethnological Material);

Clothing and hair ornaments;

Ceremonial objects, especially coppers (see description under

Ethnological Material);

H. Clay:

Figurines (people, fish, animals);

Pipes; and

Pottery vessels and containers such as bowls or jars.

I. Beads (glass, clay, shell, bone, brass) (items decorated with).

J. Hair (ornamentation of human or animal hair used on clothing and

other sewn objects).

II. Non-aboriginal Archaeological Artifacts: Historic Shipwrecks

A. General Ship's Parts (wood and metal):

Anchor;

Wheel;

Mast;

Riggings (block and pulley; deadeye; lanyard);

Bell;

Hull and fittings (rudder, keel, keelson, futtock, fasteners, iron

supports);

Figurehead and other carved vessel decoration;

Windlass and capstan (winches);

Wood of the ship;

Furniture;

Porthole;

Ballast (pig iron) (metal weight carried to stabilize ship);

Pump assembly (plunger, working barrel, piston);

Riggings (cables); and

Heating, lighting and plumbing fixtures.

B. Navigational instruments:

Compass;

Astrolabe or sextant (instruments for calculation of navigation by

stars);

Telescope;

Nocturnal;

Sounding leads;

Cross staff or back staff;

Dividers;

Lanterns; and

Binnacle (the case enclosing a ship's compass).

C. Armaments:

Cannon, carronade (type of short, light cannon), mortars;

Cannonshot (balls, chair and bar);

Arms (guns, knives, pikes, cutlasses, scabbards, swords);

Gun carriage components;

Musket shot (metal balls); and

Bandoliers (cartridge straps) .

D. Tools and wares:

Carpenter's tools;

Sail making tools;

Rope making tools;

Medicinal wares;

Galley ware (cooking caldron, crockery, glassware, beverage

bottles, cutlery, treen, stoves);

Caulker tools;

Surgeon tools;

[[Page 19492]]

Chaplain tools;

Fishing supplies (lead sinkers, hooks, barrels, try works);

Cooper's tools; and

Blacksmith's tools.

E. Ship's Cargo:

Raw metal (iron, copper, bronze, lead);

Wood;

Ceramics;

Glassware (fine glass decanters);

Trade beads;

Containers (casks, baskets); and

Stone (for building or ballast).

F. Personal Goods Found on Ships:

Jewelry (gold, silver, stone);

Coins;

Gaming pieces (dice);

Buckles and buttons;

Chests;

Combs;

Pipes;

Religious items;

Timepieces;

Bedding, clothing and other textiles; and

Shoes.

Inapplicability of Notice and Delayed Effective Date

Because this amendment is being made in response to a bilateral

agreement entered into in furtherance of the foreign affairs interests

of the United States, pursuant to Sec. 553(a)(1) of the Administrative

Procedure Act, no notice of proposed rulemaking or public procedure is

necessary. For the same reason, a delayed effective date is both

impracticable and contrary to the public interest.

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. Accordingly, this final rule is not subject to the

regulatory analysis or other requirements of 5 U.S.C. 603 and 604.

Executive Order 12866

This amendment does not meet the criteria of a ``significant

regulatory action'' as described in E.O. 12866.

Drafting Information

The principal author of this document was Peter T. Lynch,

Regulations Branch, Office of Regulations and Rulings, U.S. Customs

Service. However, personnel from other offices participated in its

development.

List of Subjects in 19 CFR Part 12

Customs duties and inspections, Imports, Cultural property.

Amendment to the Regulations

Accordingly, Part 12 of the Customs Regulations (19 CFR Part 12) is

amended as set forth below:

PART 12--[AMENDED]

1. The general authority and specific authority citation for Part

12, in part, continue to read as follows:

Sections 12.104--12.104i also issued under 19 U.S.C. 2612.

Authority: 5 U.S.C. 301, 19 U.S.C. 66, 1202 (General Note 20,

Harmonized Tariff Schedule of the United States (HTSUS)), 1624.

* * * * *

Sec. 12.104g [Amended]

2. In Sec. 12.104g, paragraph (a), the listing of agreements

imposing import restrictions on described articles of cultural property

of State Parties is amended by adding ``Canada'' in appropriate

alphabetical order under the column headed ``State Party'', and adding

adjacent to the listing of ``Canada'' the description ``Archaeological

Artifacts and Ethnological Material Culture of Canadian Origin'' under

the column headed ``Cultural Property'' and the reference ``T.D. 97-

31'' under the column headed ``T.D. No.''

George J. Weise,

Commissioner of Customs.

Approved: April 9, 1997.

John P. Simpson,

Deputy Assistant Secretary of the Treasury.

[FR Doc. 97-10504 Filed 4-21-97; 8:45 am]

BILLING CODE 4820-02-P