on Cultural Textile Artifacts from Bolivia
Federal Register Notice,
March 14, 1989; 54(48):10618-10620 (Expired)
IMPORT RESTRICTIONS ON
CULTURAL TEXTILE ARTIFACTS
U.S. Customs Service, Department of the Treasury.
Notice of import restrictions.
This document advises the public that, in accordance with a request from
the Government of Bolivia, restrictions are being placed on the importation
of certain culturally and historically significant textile artifacts from
Bolivia. This action, which is being taken pursuant to the Convention on
Cultural Property Implementation Act and 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, and in cooperation with the
U.S. Information Agency, will assist Bolivia in protecting its cultural
March 14, 1989.
Legal Aspects: Samuel Orandle, Commercial Rulings Division (202-566-5765).
Operational Aspects: Phyllis Henry, Trade Operations (202-566-7877). Both
are at U.S. Customs Service, 1301 Constitution Avenue, NW., Washington,
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 accompanying
illegal exporting and importing.
There has been growing
concern in the U.S. regarding the need for protecting endangered cultural
property. The appearance in the U.S. of stolen or illegally exported artifacts
from other countries where there has been recent pillaging has, on occasion,
strained our foreign and cultural relations. This situation, combined with
the concerns of the 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 spirit of the Convention
was enacted into law 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. In 1983, the U.S. became the
first major art importing country to implement the 1970 Convention.
It was with these goals
in mind that Customs issued interim regulations to carry out the policies
of the act. The interim regulations, which were set forth in Secs. 12.104-12.104;
Customs Regulations (19 CFR 12.104), were published in the Federal Register
as T.D. 85-107 on June 25, 1985 (50 FR 26193), and took effect immediately.
After consideration of comments received on the interim regulations, final
regulations were issued as T.D. 86-52, published in the Federal Register
on February 27, 1986 (51 FR 6905), and took effect on March 31, 1986.
Under section 303(a)(3)
of the Cultural Property Implementation Act (19 U.S.C. 2602(a)(3)), the
Government of Bolivia, a State Party to the 1970 UNESCO Convention, requested
the U.S. Government to impose emergency import restrictions on certain
endangered cultural material to assist Bolivia in protecting its cultural
patrimony. Notice of receipt of the request was published by the U.S. Information
Agency (USIA) in the Federal Register on May 20, 1988 (52 FR 11544).
On May 19, 1988, the
request was referred to the Cultural Property Advisory Committee, which
conducted a review and investigation, and submitted its report in accordance
with the provisions of 19 U.S.C. 2605(f) to the Deputy Director, USIA,
on August 4, 1988. The Committee found the situation in Bolivia to be an
emergency and recommended that emergency import restrictions be imposed
on certain ethnological material from the community of Coroma. The Deputy
Director, pursuant to the authority vested in him under Executive Order
12555 and USIA Delegation Order 86-3, considered the Committee's recommendations
and made his determination that emergency import restrictions be applied.
The Commissioner of
Customs, in consultation with the Deputy Director of the USIA, has drawn
up a list of covered ethnological material from the community of Coroma
in Bolivia. The materials on the list are subject to the 1970 UNESCO Convention
and Sec. 12.104a, Customs Regulations. As provided in 19 U.S.C. 2601 et
seq., and Sec. 12.104a, Customs Regulations, listed material from this
area may not be imported into the U.S. unless accompanied by documentation
certifying that the material left Bolivia legally and not in violation
of the laws of Bolivia.
In the event an importer
cannot produce the certificate, documentation, or evidence required in
Sec. 12.104c, Customs Regulations, at the time of making entry, Sec. 12.104d
provides that the district director shall take custody of the material
until the certificate, documentation, or evidence is presented. Section
12.104e provides that if the importer states in writing that he will not
attempt to secure the required certificate, documentation, or evidence,
or the importer does not present the required certificate, documentation,
or evidence to Customs within the time provided, the material shall be
seized and summarily forfeited to the U.S. in accordance with the provisions
of Part 162, Customs Regulations (19 CFR Part 162).
Ceremonial Textiles From Coroma, Bolivia
U.S. import restrictions
are applied to the antique ceremonial textiles from the community of Coroma,
Bolivia. These are woven garments, dating from before 1500 to approximately
1850 A.D., owned communally by the Native people of this small Andean community.
For centuries, they have played an integral role in the lives of the people
of Coroma who wear them in special ceremonies. When not worn, they are
honored and stored in bundles.
Textiles from this
community may be identified by their appearance and texture. They are plain,
not ornate, with varying widths of vertical stripes or bands. A few textiles
display a checkerboard pattern. In color, the textiles are usually red,
blue, or purple, or a shade of yellow, tan or brown. Unlike the more modern
textiles from this Andean region, Coroma's ceremonial garments are made
from high quality yarn from the wool of vicuna, or llama, and feels very
soft to the touch, similar to silk.
garments consist of:
Dated: March 7, 1989.
Tunic/Poncho: (asku or
urku for women; unku or ccahua for men; poncho) A tunic is a woven garment
consisting of either one or two pieces of woven cloth with sides stitched
together; a poncho is a woven garment resembling a tunic but without the
sides stitched together. (Approximate size: women's tunic is 1.2 m.
by 90 cm.; Men's tunic is 82 cm. by 78 cm.)
Cape/Shawl: (llaqota or
manta; llixilla or awayo; isqayo) Woven garment worn either on the back,
like a cape, worn over the back and arms, like a shawl. (Approximate
size: 80 cm. by 79 cm.)
Small Ceremonial Cloth:
(tari or inkuna) Woven square cloth small in size used as a woman's head
covering for ceremonial purposes.
pillu) A sombrero is a hat made from vicuna hide; a pillu is a wool headdress
made in the shape of a crown with fringe.
William von Raab,
[FR Doc. 89-5872 Filed
3-13-89; 8:45 am]
BILLING CODE 4820-02-M
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FROM THE FOLLOWING:
Recovery of the Aymara Textiles