Import Restrictions Imposed on Archaeological Artifacts From Mali

DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 12

[T.D. 97-80]

RIN 1515-AC22

Import Restrictions Imposed on Archaeological Artifacts From Mali

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

ACTION: Final rule.

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SUMMARY: This document amends the Customs Regulations to reflect the

imposition of import restrictions on culturally significant

archaeological artifacts from the region of the Niger River Valley of

Mali and the Bandiagara Escarpment (Cliff), Mali. These restrictions

are being imposed pursuant to an agreement between the United States

and Mali that 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

Material that describes the articles to which the restrictions apply.

These import restrictions imposed pursuant to the bilateral agreement

between the United States and Mali continue the import restrictions

that were imposed on an emergency basis in 1993. Accordingly, this

document amends the Customs Regulations by removing Mali from the

listing of countries for which emergency actions imposed the import

restrictions and adding Mali to the list of countries for which an

agreement has been entered into for imposing import restrictions.

EFFECTIVE DATE: September 23, 1997.

FOR FURTHER INFORMATION CONTACT: (Legal Aspects) Donnette Rimmer,

Intellectual Property Rights Branch (202) 482-6960; (Operational

Aspects) Joan E. Sebanaler, Trade Operations (202) 927-0402.

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 whence 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 ethnological

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

protection received from those nations as well as pursuant to bilateral

agreements between the United States and other countries.

Mali has been one of the countries whose archaeological material

has been afforded emergency protection. In T.D. 93-74, Sec. 12.104g(b),

Customs Regulations, (19 CFR Sec. 12.104g(b)) was amended to reflect

that archaeological material from the region of the Niger River Valley

in Mali and the Bandiagara Escarpment (Cliff) in Mali forming part of

the remains of the ancient sub-Sahara culture received import

protection under the emergency protection provisions of the Act.

Import restrictions are now being imposed on these same

archaeological artifacts from Mali as the result of a

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bilateral agreement entered into between the United States and Mali.

This agreement was entered into on September 19, 1997, pursuant to the

provisions of 19 U.S.C. 2602. Protection of the archaeological material

from the region of the Niger River Valley in Mali and the Bandiagara

Escarpment (Cliff) in Mali previously reflected in Sec. 12.104g(b) will

be continued through the bilateral agreement without interruption.

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 Mali and the emergency import

restrictions on certain archaeological material from Mali is being

removed from 12.104g(b) as those restrictions are now encompassed in

Sec. 12.104g(a).

Material and Sites Encompassed in Import Restrictions

In reaching the decision to recommend that negotiations for an

agreement with Mali should be undertaken to continue the imposition of

import restrictions on certain archaeological material from Mali, the

Deputy Director of the United States Information Agency made a

determination that the cultural patrimony of Mali continues to be in

jeopardy from pillage of irreplaceable materials representing Mali

heritage and that the pillage is endemic and substantially documented

with respect to sites in the region of the Niger River Valley and the

Bandiagara Escarpment (Cliff) of Mali. The Deputy Director listed the

following archaeological material from the following sites as those

that are in need of protection.

Material

Archaeological material from sites in the region of the Niger River

Valley and the Bandiagara Escarpment (Cliff), Mali, dating from

approximately the Neolithic period to approximately the 18th century,

identifiable by unique stylistic features, by medium, and where

possible, by historic and cultural context. This archaeological

material includes, but is not limited to: terra cotta statues depicting

anthropomorphic and zoomorphic figures and terra cotta common vessels;

copper and copper alloy materials, such as bronze, from which have been

produced figurines and other objects such as pendants, finger bells,

bells and bracelets; iron figures; and glass beads. Other

archaeological material is identifiable as coming from the Tellem

burial caves of the Bandiagara Escarpment (Cliff) and includes, but is

not limited to: iron headrests; rings; bracelets; hairpins;

fingerbells; bronze pendants; carved wood anthropomorphic and

zoomorphic figures; carved wood headrests; wood bowls, spoons, hoes,

axes, bows, arrows quivers, flutes, harps and drums; leather sandals,

boots, knife-sheaths and plaited bracelets; ritual and utilitarian

pottery, three/four-footed ceramic bowls; textiles of cotton and wool

that are the remnants of tunics and coifs, blankets, skirts; organic

fiber from which belts were made; glass beads; stone (carnelian) beads;

and stone (quartz) lip plugs.

Sites

Sites include, but are not limited to: Djenne and Guimbala of the

Inland Niger Delta; Bougouni of the Upper Valley of the Niger River;

and the Bandiagara Escarpment (Cliff); and are recognized to be of high

cultural significance. These sites represent a continuum of

civilizations from the Neolithic period to the colonial occupation of

the 18th century, and lend an archaeological significance to the

region.

Designated List

The bilateral agreement between Mali and the United States covers

the material set forth in a Designated List of Archaeological Material

from the Region of the Niger River Valley, Mali and the Bandiagara

Escarpment (Cliff), Mali, which is set forth below. Importation of

articles on this list is restricted unless the articles are accompanied

by documentation certifying that the material left Mali legally and not

in violation of the export laws of Mali.

Archaeological Material From the Region of the Niger River Valley, Mali

and the Bandiagara Escarpment (Cliff), Mali

The following categories of material are restricted from

importation into the U.S. unless accompanied by a verifiable export

certificate issued by the Government of Mali--archaeological material

from the Region of the Niger River Valley, Mali and the Bandiagara

Escarpment (Cliff), Mali, that includes, but is not limited to, the

categories listed below. As this region is further excavated, other

types of material may be found and added to an amended list. The

following list is representative only. Any dimensions are approximate.

I. Ceramics/Terra Cotta/Fired Clay

Types of ceramic forms (stylistically known as Djenne-jeno or

Jenne, Bankoni, Guimbala, Bambara, Bougouni and other stylistic labels)

that are known to come from the region include, but are not limited to:

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. (H: 6-30 in.)

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: 6-30 in.)

B. Common Vessels.

1. Funerary jars, ocher in color, often stamped with chevrons. (H:

50 to 80 cm.)

2. Globular vases often stamped with chevrons and serpentine forms.

(H: under 10 in.)

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. Pot made on a convex mold built up by coiling.

b. Hemispherical pot made on three or four legs or feet resting on

a stand. (H: 18 cm.)

5. Kitchen pottery of the Tellem culture with the paddle-and-anvil

technique decorated with impressions from woven mats. (H: 20 cm.)

II. Leather

Objects of leather found in Tellem funerary caves of the Bandiagara

Escarpment include, but are not limited to:

A. Clothing.

1. Sandals often decorated and furnished with a leather ankle

protection.

2. Boots profusely painted with geometric designs.

3. Plaited bracelets.

4. Knife-sheaths.

5. Loinskin.

6. Bag.

III. Metal

Objects of metal from the region of the Niger River Valley and the

Bandiagara Escarpment include the following components:

A. Copper and Copper Alloy (Such as Bronze).

1. Figures/Statues.

a. Anthropomorphic figures,

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including equestrian figures and kneeling figures. (Some are miniatures

no taller than 2 inches; others range from 6 to 30 inches).

b. Zoomorphic figures, such as the bull and the snake.

2. Bells (4-5 in.) and finger bells (2-3 in.).

3. Pendants, known to depict a bull's head or a snake. (H: 2-4 in.)

4. Bracelets, known to depict a snake (5-6 in.).

5. Bracelets, known to be shaped as a head and antelope (3-4 in.).

B. Iron.

1. Figures/Statues.

a. Anthropomorphic figures. (H: 5-30 in.)

b. Zoomorphic figures, sometimes representing a serpent. (H: 5-30

in.)

2. Headrests of the Tellem culture.

3. Ring-bells or fingerbells of the Tellem culture.

4. Bracelets and armlets of the Tellem culture.

5. Hairpins, twisted and voluted, of the Tellem culture.

IV. Stone

Objects of stone usually found in Tellem funerary caves of the

Bandiagara Escarpment include, but are not limited to:

A. Carnelian beads (faceted).

B. Quartz lip plugs.

V. Glass Beads

Glass beads have been recovered in the Tellem funerary caves and in

archaeological sites in the region of the Niger River Valley.

VI. Textiles

Textile objects, or fragments thereof, have been recovered in the

Tellem funerary caves of the Bandiagara Escarpment and include, but are

not limited to:

A. Cotton.

1. Tunics.

2. Coifs.

3. Blankets.

B. Vegetable Fiber.

Skirts, aprons and belts--made of twisted and intricately plaited

vegetable fiber.

C. Wool.

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).

Archaeological Material of Wood

Following are representative examples of wood objects usually found

archaeologically:

A. Figures/Statues.

1. Anthropomorphic figures--usually with abstract body and arms

raised standing on a platform, sometimes kneeling. (H: 10-24 in.)

2. Zoomorphic figures--depicting horses and other animals. (H: 10-

24 in.)

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.

Inapplicability of Notice and Delayed Effective Date

Because the amendment to the Customs Regulations contained in this

document imposing import restrictions on the above-listed Malian

cultural property is being made in response to a bilateral agreement

entered into in furtherance of the foreign affairs interests of the

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

Procedure Act, (5 U.S.C. 553(a)(1)), no notice of proposed rulemaking

or public procedure is necessary. For the same reason, a delayed

effective date is not required.

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 Keith B. Rudich, Esq.,

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:

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

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

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

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

import restrictions on described articles of cultural property of State

Parties is amended by adding Mali in appropriate alphabetical order as

follows:

Sec. 12.104g [Amended]

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State Cultural property T.D. No.

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* * *

Mali.......................... Archaeological T.D. 97-80

material from the

Niger River Valley

Region, Mali, and

the Bandiagara

Escarpment (Cliff)

forming part of the

remains of the sub-

Sahara culture..

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* * *

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3. In Sec. 12.104(g), paragraph (b), the list of emergency actions

imposing import restrictions on described articles of cultural property

of State parties is amended by removing the entry for ``Mali'' in its

entirety.

Samuel H. Banks,

Acting Commissioner of Customs.

Dated: September 12, 1997.

John P. Simpson,

Deputy Assistant Secretary of the Treasury.

[FR Doc. 97-25342 Filed 9-19-97; 2:01 pm]

BILLING CODE 4820-02-P