Import Restrictions Imposed on Archaeological Artifacts From Guatemala

DEPARTMENT OF THE TREASURY

Customs Service

19 CFR PART 12

[T.D. 97-81]

RIN 1515-AC24

Import Restrictions Imposed on Archaeological Artifacts From

Guatemala

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 pre-Columbian culturally

significant

[[Page 51772]]

archaeological artifacts of Maya material from the Peten Lowlands, and

related pre-Columbian material from the Highlands and the Southern

Coast of Guatemala. These restrictions are being imposed pursuant to an

agreement between the United States and Guatemala 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

Guatemala continue the import restrictions that were imposed on an

emergency basis in 1991. Accordingly, this document amends the Customs

Regulations by removing Guatemala from the listing of countries for

which emergency actions imposed the import restrictions and adding

Guatemala to the list of countries for which an agreement has been

entered into for imposing import restrictions.

EFFECTIVE DATE: October 3, 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.

Guatemala has been one of the countries whose archaeological

material has been afforded emergency protection. In T.D. 91-34,

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

to reflect that archaeological material from the Peten Archaeological

Region of Guatemala received import protection under the emergency

protection provisions of the Act.

Import restrictions are now being imposed on archaeological

artifacts of Maya material from the Peten Lowlands, and related pre-

Columbian material from the Highlands and the Southern Coast of

Guatemala as the result of a bilateral agreement entered into between

the United States and Guatemala. This agreement was entered into on

September 29, 1997, pursuant to the provisions of 19 U.S.C. 2602.

Protection of the archaeological material of Maya material from the

Peten Lowlands, and related pre-Columbian material from the Highlands

and the Southern Coast of Guatemala 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

Guatemala and the emergency import restrictions on certain

archaeological material from Guatemala is being removed from

Sec. 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 Guatemala should be undertaken to continue the

imposition of import restrictions on certain archaeological material

from the Peten Lowlands, and related pre-Columbian material from the

Highlands and the Southern Coast of Guatemala, the Deputy Director of

the United States Information Agency made a determination that the

cultural patrimony of Guatemala continues to be in jeopardy from

pillage of irreplaceable materials representing Guatemala heritage and

that the pillage is endemic and substantially documented with respect

to Maya material from sites in the Peten Lowlands of Guatemala, and

related pre-Columbian material from the Highlands and the Southern

Coast of Guatemala. The Deputy Director listed the following

archaeological material as those that are in need of protection:

Material: Archaeological material from sites in the Peten Lowlands

of Guatemala, and related pre-Columbian material from the Highlands and

the Southern Coast of Guatemala. This archaeological material includes,

but is not limited to: ceramic vessels and forms; jade or green stone,

possibly with traces of red pigment; shell; and bone.

These import restrictions are in addition to similar restrictions

imposed by the 1972 Pre-Columbian Monumental or Architectural Sculpture

or Murals Statute (19 U.S.C 2091-2095), which has denied entry into the

United States of segments of pre-Columbian monuments and stelae since

May 2, 1973.

Designated List

The bilateral agreement between Guatemala and the United States

covers the material set forth in a Designated List of Archaeological

Material from sites in the Peten Lowlands of Guatemala, and related

pre-Columbian material from the Highlands and the Southern Coast of

Guatemala, 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 Guatemala legally and not in

violation of the export laws of Guatemala.

[[Page 51773]]

Archaeological Material From Sites in the Peten Lowlands of Guatemala,

and Related Pre-Columbian Material From the Highlands and the Southern

Coast of Guatemala

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 Guatemala--archaeological

material from sites in the Peten Lowlands of Guatemala, and related

pre-Columbian material from the Highlands and the Southern Coast of

Guatemala, 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.

Chronological Table

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Stage Substage Dates

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Preclassic Stage.................. Early Preclassic.................... 2000/1500 B.C.-600 B.C.

Preclassic.......................... 600 B.C.-400 B.C.

Late Preclassic..................... 400 B.C.-250 A.D.

Classic Stage..................... Early Classic....................... 250 A.D.-550 A.D

Late Classic........................ 550 A.D.-900 A.D.

Postclassic Stage................. Early Postclassic................... 900 A.D.-1250 A.D.

Late Postclassic.................... 1250 A.D.-1524 A.D.

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Designated List Of Materials

I. Ceramic/Terracotta/Fired Clay--A wide variety of decorative

techniques are used on all shapes: fluting, gouged or incised lines and

designs, modeled carving, and painted polychrome or bichrome designs of

human or animal figures, mythological scenes or geometric motifs. Small

pieces of clay modeled into knobs, curls, faces, etc., are often

applied to the vessels. Bowls and dishes may have lids or tripod feet.

A. Common Vessels.

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).

B. Special Forms.

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 and

shapes.

7. Effigy vessels--in human or animal form (16-30 cm ht).

8. Incense burners--elaborate painted, applied and modeled

decoration in form of human figures (25-50 cm ht).

II. Stone (jade, obsidian, flint, alabaster/calcite, limestone,

slate, and other).

A. Figurines--human and animal (7-25 cm ht).

B. Masks--incised decoration and inlaid with shell, human and animal

faces (20-25 cm length).

C. Jewelry--various shapes and sizes.

1. Pendants.

2. Earplugs.

3. Necklaces.

D. Stelae, Ritual Objects, Architectural Elements--Carved in low relief

with scenes of war, ritual or political events, portraits of rulers or

nobles, often inscribed with glyphic texts. Sometimes covered with

stucco and painted. The size of stelae and architectural elements such

as lintels, posts, steps, decorative building blocks range from .5

meters to 2.5 meters in height. Hachas (thin, carved human or animal

heads in the shape of an axe), yokes, and other carved ritual objects

are under 1 meter in length or height, but vary in size.

E. Tools and Weapons.

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).

F. Vessels and Containers.

1. Bowls (10-25 cm ht).

2. Plates/Dishes (15-40 cm diam).

3. Vases (6-23 cm ht).

III. Metal (gold, silver, or other)--Cast or beaten into the

desired form, decorated with engraving, inlay, punctured design or

attachments. Often in human or stylized animal forms.

A. Jewelry--various shapes and sizes.

1. Necklaces.

2. Bracelets.

3. Disks.

4. Earrings or earplugs.

5. Pendants.

B. Figurines--(5-10 cm ht).

C. Masks--(15--25 cm length).

IV. Shell--Decorated with cinnabar and incised lines, sometimes

with jade applied.

A. Figurines--human and animal (2-5 cm ht).

B. Jewelry--various shapes and sizes.

1. Necklaces.

2. Bracelets.

3. Disks.

4. Earrings or earplugs.

5. Pendants.

C. Natural Forms--often with incised designs, various shapes and sizes.

V. Animal Bone--Carved or incised with geometric and animal designs

and glyphs.

A. Tools--various sizes.

1. Needles.

2. Scrapers.

B. Jewelry--various shapes and sizes.

1. Pendants.

2. Beads.

3. Earplugs.

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 Guatemalan

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 pursuant to 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. Accordingly, this final rule is not subject to the

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

[[Page 51774]]

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;

* * * * *

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

2612;

* * * * *

Sec. 12.104 [Amended]

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 Guatemala in appropriate alphabetical

order as follows:

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State Cultural property T.D. No.

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* * * *

* * *

Guatemala..................... Archaeological T.D. 97--81

Material From Sites

In The Peten Lowlands

Of Guatemala, And

Related Pre-Columbian

Material From The

Highlands And The

Southern Coast of

Guatemala.

* * * *

* * *

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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 ``Guatemala'' in

its entirety.

Approved: September 29, 1997.

Samuel H. Banks,

Acting Commissioner of Customs.

John P. Simpson,

Deputy Assistant Secretary of the Treasury.

[FR Doc. 97-26219 Filed 10-2-97; 8:45 am]

BILLING CODE 4820-02-P