[Federal Register Volume 79, Number 48 (Wednesday, March 12, 2014)]
[Rules and Regulations]
[Pages 13873-13875]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-05370]



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Rules and Regulations
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Federal Register / Vol. 79, No. 48 / Wednesday, March 12, 2014 / 
Rules and Regulations

[[Page 13873]]



DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Part 12

[CBP Dec. 14-03]
RIN 1515-AE00


Extension of Import Restrictions on Archaeological and 
Ecclesiastical Ethnological Materials from Honduras

AGENCIES: U.S. Customs and Border Protection, Department of Homeland 
Security; Department of the Treasury.

ACTION: Final rule.

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

SUMMARY: This final rule amends U.S. Customs and Border Protection 
(CBP) regulations to reflect the extension of import restrictions on 
certain archaeological materials from Honduras. These restrictions, 
which were last extended by CBP Decision (Dec.) 09-05, are due to 
expire on March 12, 2014, unless extended. The Assistant Secretary for 
Educational and Cultural Affairs, United States Department of State 
(Department of State), has determined that conditions continue to 
warrant the imposition of import restrictions on the archaeological 
materials from Honduras and to add restrictions on certain ethnological 
materials. The Designated List of cultural property described in CBP 
Dec. 04-08 is revised in this document to reflect the addition of the 
ethnological materials. The import restrictions imposed on the 
archaeological and ecclesiastical ethnological materials from Honduras 
will be in effect for a five year period, and the CBP regulations are 
being amended accordingly. These restrictions are being imposed 
pursuant to determinations of the Department of State made 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: March 12, 2014.

FOR FURTHER INFORMATION CONTACT: For legal aspects, Lisa Burley, Chief, 
Cargo Security, Carriers and Restricted Merchandise Branch, Regulations 
and Rulings, Office of International Trade, (202) 325-0215. For 
operational aspects, William R. Scopa, Chief, Partner Government 
Agencies Branch, Trade Policy and Programs, Office of International 
Trade, (202) 863-6554.

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 U.S. Customs and Border Protection (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)).
    On March 12, 2004, the United States entered into a bilateral 
agreement with the Republic of Honduras (Honduras), concerning the 
imposition of import restrictions on certain archaeological materials 
representing the Pre-Columbian cultures of Honduras and range in date 
from approximately 1200 B.C. to 1500 A.D. On March 16, 2004, CBP 
published CBP Decision (Dec.) 04-08 in the Federal Register (69 FR 
12267), which amended 19 CFR 12.104g(a) to reflect the imposition of 
these restrictions and included a list designating the types of 
archaeological material covered by the restrictions. The restrictions 
were subsequently extended in 2009 by CBP Dec. 09-05 (74 FR 10482), to 
March 12, 2014.
    On September 24, 2013, by publication in the Federal Register (78 
FR 58596), the Department of State proposed to extend the Agreement 
between the U.S. and Honduras concerning the imposition of import 
restrictions on archaeological material from the pre-Columbian cultures 
of Honduras. Pursuant to the statutory and decision-making process, the 
Designated List of materials covered by the restrictions is being 
amended to include certain ecclesiastical ethnological materials of the 
Colonial Period of Honduras, c. A.D. 1502 to 1821. Thus, the Agreement 
now covers both the previously covered archaeological materials, as set 
forth in the Designated List published in CBP Dec. 04-08, 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 February 11, 2014, 
the Assistant Secretary for Educational and Cultural Affairs, 
Department of State, determined that the cultural heritage of Honduras 
continues to be in jeopardy from pillage of certain archaeological 
materials and is also in jeopardy from the pillage of certain 
ecclesiastical ethnological materials dating to the Colonial Period of 
Honduras, c. A.D. 1502 to 1821. The Assistant Secretary made the 
necessary determination to extend the import restrictions for an 
additional five-year period to March 12, 2019, 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 Honduras will be restricted through March 12, 
2019, in

[[Page 13874]]

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 CBP Dec. 04-08 is amended to remove the reference 
citations following each archaeological category along with the 
corresponding bibliography; many of these materials are no longer 
available and such references are not commonly included in a Designated 
List. The Designated List is also amended to include ecclesiastical 
ethnological material dating to the Colonial Period of Honduras, c. 
A.D. 1502 to 1821. The articles described in the Designated List set 
forth below are protected pursuant to the Agreement.

Designated List

    This Designated List, amended as set forth in this document, 
includes Pre-Columbian archaeological materials that originate in 
Honduras, ranging in date from approximately 1200 B.C. to approximately 
1500 A.D. These materials include, but are not limited to, objects of 
ceramic, metal, stone, shell, and animal bone representing, among 
others, the Maya, Chorti Maya, Lenca, Jicaque, and Pipil cultures. The 
Designated List also includes certain categories of ethnological 
materials used in ecclesiastical contexts in Honduras dating to the 
Colonial Period (approximately A.D. 1502 to 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 
online at: http://eca.state.gov/cultural-heritage-center/international-cultural-property-protection/bilateral-agreements/honduras.
    The list set forth below is representative only. Any dimensions are 
approximate.

Pre-Columbian Archaeological Material (Dating From Approximately 1200 
B.C. to 1500 A.D.)

    I. Ceramic--Materials made from ceramic (e.g., terracotta/fired 
clay) include a full range of surface treatments and appendages on 
various shapes of vessels, lids, figurines, and other ceramic objects 
(e.g., tools). Decorative techniques used on these materials include, 
but are not limited to, fluting, dentate-stamping, incised designs, 
modeled sculpting, polishing/burning, differentially fired areas, and 
polychrome, bichrome and/or monochrome designs of human and animal 
figures, mythological scenes and/or geometric motifs. Vessels and 
figurines may include sculpted and/or applique appendages, such as 
handles, knobs, faces, fillets, and tripod, quadruped, or ring 
supports. Examples include, but are not limited to, polychromes (e.g., 
Copador, lxcanrio, Gualpopa, Ejar, Cancique and other Copan styles, 
Ulu-Yojoa (e.g., Red, Maroon, Black, and Tenampua groups), Chichicaste, 
Fiopo, Las Flores, Sulaco, Chameleon, Naco, and Bay Island), incised 
and punctuated designs (e.g., Selin, Gualijoquito, and Escondido 
groups), Usulutan styles, Mammiform vessels, monochromes (e.g., Cuymal, 
Limon, Higuerito, Talgua), incense burners (Coner ceramics), Yaba-ding-
ding, Playa de los Muertos, Olmec style, and Formative period pottery. 
Ceramics may also have post-fire pigment and/or stucco.

A. Ceremonial Vessels
    1. Cylinders
    2. Bowls
    3. Dishes and plates
    4. Jars
B. Common Vessels
    1. Cylindrical vessels
    2. Bowls
    3. Dishes and plates
    4. Jars
C. Special Forms
    1. Drums--polychrome painted and plain
    2. Figurines--human and animal forms
    3. Whistles--human and animal forms
    4. Rattles--human and animal forms
    5. Miniature vessels
    6. Stamps and seals--engraved geometric designs, various sizes and 
shapes
    7. Effigy vessels--in human or animal form
    8. Incense burners--elaborate painted, applied and modeled 
decoration in form of human figures
    9. Architectural elements

    II. Stone/Stucco (marble, jade, obsidian, flint, alabaster/calcite, 
limestone, slate, and other, including stucco materials)--The range of 
stone materials includes, but is not limited to, sculpture, vessels, 
figurines, masks, jewelry, stelae, tools, and weapons.

A. Figurines--human and animal
B. Masks--incised decoration and inlaid with shell, human and animal 
faces
C. Jewelry--various shapes and sizes
    1. Pendants
    2. Ear spools
    3. Necklaces
    4. Pectoral
D. Stelae, Ritual Objects, Architectural Elements, Petroglyphs--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, and decorative 
building blocks, range from .5 meters to 2.5 meters in height; hachas, 
yokes, and other carved ritual objects are under 1 meter in length or 
height but vary in size
E. Tools and Weapons
    1. Arrowheads
    2. Axes, adzes, celts
    3. Blades
    4. Chisels
    5. Spearpoints
    6. Eccentric shapes
    7. Grinding stones (manos and metates)
    8. Maceheads
F. Vessels and Containers
    1. Bowls
    2. Plates/Dishes
    3. Vases

    III. Metal (gold, silver, or other)--These objects are 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. Ear spools
    5. Pendants
    6. Pectorals
B. Figurines
C. Masks
D. Disks
E. Axes
F. Bells

    IV. Shell--These objects are worked and unworked and include, but 
are not limited to, conch, snail, spiny oyster, sting-ray, and sea 
urchin spines. Shell may be decorated with cinnabar and incised lines, 
sometimes with inlaid jade.

A. Figurines--human and animal
B. Jewelry--various shapes and sizes
    1. Necklaces
    2. Bracelets
    3. Disks
    4. Ear spools
    5. Pendants
C. Natural Forms--often with incised designs, various shapes and sizes

    V. Bone--These objects are 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. Ear spools

[[Page 13875]]

Ecclesiastical Ethnological Material (Dating From Approximately A.D. 
1502 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 
or a delayed effective date (5 U.S.C. 553(a)(1)).

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 and specific 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  [Amended]

0
2. In Sec.  12.104g, in paragraph (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 
Honduras:
0
a. In the column headed ``Cultural Property,'' by adding to the end of 
the entry ``, and ecclesiastical ethnological materials dating from the 
Colonial Period, c. A.D. 1502 to 1821.'', and
0
b. In the column headed ``Decision No.,'' by removing ``09-05'' and 
adding ``14-03''.in its place.

    Dated: March 6, 2014.
Kevin K. McAleenan,
Acting Commissioner, U.S. Customs and Border Protection.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2014-05370 Filed 3-11-14; 8:45 am]
BILLING CODE 9111-14-P