[Federal Register Volume 77, Number 189 (Friday, September 28, 2012)]
[Rules and Regulations]
[Pages 59541-59543]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-23959]



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Rules and Regulations
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Federal Register / Vol. 77, No. 189 / Friday, September 28, 2012 / 
Rules and Regulations

[[Page 59541]]



DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Part 12

[CBP Dec. 12-17]
RIN 1515-AD92


Extension of Import Restrictions on Archaeological and 
Ethnological Materials From Guatemala

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 U.S. Customs and Border Protection (CBP) 
regulations to reflect the extension of import restrictions on certain 
archaeological materials from Guatemala. These restrictions, which were 
last extended by CBP Dec. 07-79, are due to expire on September 29, 
2012, unless extended. The Assistant Secretary for Educational and 
Cultural Affairs, United States Department of State (Department of 
State), has determined to extend the bilateral Agreement between the 
Republic of Guatemala and the United States to continue the imposition 
of import restrictions on the archaeological materials from Guatemala 
and to add restrictions on certain ethnological materials. The 
Designated List of cultural property described in Treasury Decision 
(T.D.) 97-81 is revised in this document to reflect the addition of the 
ethnological materials. The import restrictions imposed on the 
archaeological and ethnological materials covered under the Agreement 
will be in effect for a 5-year period, and the CBP regulations are 
being amended accordingly. These restrictions are being imposed 
pursuant to determinations of the Department of State under the terms 
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.

DATES: Effective Date: September 29, 2012.

FOR FURTHER INFORMATION CONTACT: For legal aspects, George F. McCray, 
Esq., Chief, Cargo Security, Carriers and Immigration Branch, 
Regulations and Rulings, Office of International Trade, (202) 325-0082. 
For operational aspects, Virginia McPherson, Interagency Requirements 
Branch, Trade Policy and Programs, Office of International Trade, (202) 
863-6563.

SUPPLEMENTARY INFORMATION:

Background

    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 et seq.), signatory nations (State Parties) 
may enter into bilateral or multilateral agreements to impose import 
restrictions on eligible archaeological and ethnological materials 
under procedures and requirements prescribed by the Act. Under the Act 
and applicable CBP regulations (19 CFR 12.104g), the restrictions are 
effective for no more than five years beginning on the date on which 
the agreement enters into force with respect to the United States (19 
U.S.C. 2602(b)). This period may be extended for additional periods, 
each such period not to exceed five years, where it is determined that 
the factors justifying the initial agreement still pertain and no cause 
for suspension of the agreement exists (19 U.S.C. 2602(e); 19 CFR 
12.104g(a)).
    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 Federal Register (56 FR 15181) imposing 
emergency import restrictions on Pre-Columbian archaeological artifacts 
from the Peten Region of Guatemala and accordingly amending 19 CFR 
12.104g(b) pertaining to emergency import restrictions. These 
restrictions were effective for a period of 5 years and were 
subsequently extended for a 3-year period by publication of T.D. 94-84 
in the Federal Register (59 FR 54817).
    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 Federal Register (62 FR 51771), which 
amended 19 CFR 12.104g(a) to reflect the imposition of restrictions on 
these materials and included a list designating the types of 
archaeological materials covered by the restrictions.\1\ These 
restrictions were to be effective through September 29, 2002. (T.D. 97-
81 also removed the emergency restrictions for Guatemala from the CBP 
regulations.)
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    \1\ The materials covered by the restrictions, prior to this 
final rule, were described in the CBP regulations as: 
``Archaeological material from sites in the Peten Lowlands of 
Guatemala, and related Pre-Columbian material from the Highlands and 
the Southern Coast of Guatemala.'' 19 CFR 12.104g(a).
---------------------------------------------------------------------------

    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 Federal Register (77 FR 
14583), the Department of State proposed to extend the Agreement. By 
request of the Republic of Guatemala, and pursuant to the statutory and 
decision-making process, the Designated List of materials

[[Page 59542]]

covered by the restrictions is being amended to include certain 
ecclesiastical ethnological materials of the Conquest and Colonial 
Periods of Guatemala, c. A.D. 1524 to 1821. Thus, the Agreement now 
covers both the previously covered archaeological materials, as set 
forth in the Designated List published in T.D. 97-81, and the 
additional ethnological materials (see 19 U.S.C. 2604, authorizing the 
Secretary of the Treasury, by regulation, to promulgate and, when 
appropriate, revise the list of designated archaeological and/or 
ethnological materials covered by an agreement between State Parties).
    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.)

Designated List

    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: 
http://exchanges.state.gov/heritage/culprop/gtfact.html.
    The list set forth below is representative only. Any dimensions are 
approximate.

Pre-Columbian Archaeological Material (Dating From Approximately 2000 
B.C. to A.D. 1524)

    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/
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.

[[Page 59543]]

Ecclesiastical Ethnological Material (Dating From Approximately A.D. 
1524 to 1821)

    VI. Sculpture--Sculptural images of scenes or figures, carved in 
wood and usually painted, relating to ecclesiastical themes, such as 
the Virgin Mary, saints, angels, Christ, and others.
    A. Relief Sculptures--circular-shaped, low-relief plaques, often 
polychrome wood, relating to ecclesiastical themes.
    B. Sculpted Figures--wood carvings of figures relating to 
ecclesiastical themes, often with moveable limbs, usually with 
polychrome painting of skin and features; clothing might be sculpted 
and painted, or actual fabric clothing might be added.
    C. Life-Sized Sculptures--full figure wood carvings of figures 
relating to ecclesiastical themes, often with polychrome painting using 
the estofado technique, and occasionally embellished with metal objects 
such as halos, aureoles, and staves.
    VII. Painting--paintings illustrating figures, narratives, and 
events relating to ecclesiastical themes, usually done in oil on wood, 
metal, walls, or canvas (linen, jute, or cotton).
    A. Easel Paintings--pictorial works relating to ecclesiastical 
themes on wood, metal, or cloth (framed or applied directly to 
structural walls).
    B. Mural Paintings--pictorial works, executed directly on 
structural walls, relating to ecclesiastical themes.
    VIII. Metal--ritual objects for ceremonial ecclesiastical use made 
of gold, silver, or other metal, including monstrances, lecterns, 
chalices, censers, candlesticks, crucifixes, crosses, and tabernacles; 
and objects used to dress sculptures, such as crowns, halos, and 
aureoles, among others.

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 
(5 U.S.C. 553(a)(1)). For the same reasons, 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.

Executive Order 12866

    Because this rule involves a foreign affairs function of the United 
States, it is not subject to Executive Order 12866.

Signing Authority

    This regulation is being issued in accordance with 19 CFR 
0.1(a)(1).

List of Subjects in 19 CFR Part 12

    Cultural property, Customs duties and inspection, Imports, 
Prohibited merchandise.

Amendment to 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;
* * * * *


Sec.  12.104g(a)  [Amended]

0
2. In Sec.  12.104g(a), the table of the list of agreements imposing 
import restrictions on described articles of cultural property of State 
Parties is amended in the entry for Guatemala by:
0
a. In the column headed ``Cultural Property,'' removing the period and 
adding the following words: ``, and ecclesiastical ethnological 
materials dating from the Conquest and Colonial periods, c. A.D. 1524 
to 1821.'', and
0
b. In the column headed ``Decision No.,'' removing the reference to 
``T.D. 97-81 extended by CBP Dec. 07-79'' and adding in its place ``CBP 
Dec. 12-17''.

David V. Aguilar,
Deputy Commissioner, U.S. Customs and Border Protection.
    Approved: September 25, 2012.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2012-23959 Filed 9-27-12; 8:45 am]
BILLING CODE 9111-14-P