on Archaeological Material From El Salvador
Federal Register Notice:
September 11, 1987; 52(176):34614-34616
( Amended 1995 )
DEPARTMENT OF THE
on Archaeological Material From El Salvador
U.S. Customs Service, Department of the Treasury.
Notice of import restrictions.
SUMMARY: This document
advises the public that in accordance with a request from the Government
of El Salvador, restrictions are being placed on the importation of certain
endangered archaeological material from El Salvador. 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
El Salvador in protecting its cultural patrimony.
EFFECTIVE DATE: September
FOR FURTHER INFORMATION
Legal aspects: Samuel
Orandle, Entry Procedures and Penalties Division (202- 566-5765); Operational
Louis Alfano, Commercial Compliance Division (202-566-8651).
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 Sec. 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 El Salvador, a State Party to the 1970 UNESCO Convention,
requested the U.S. Government to impose import restrictions on certain
endangered archaeological material to assist El Salvador 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
April 8, 1987 (52 FR 11414).
On April 21, 1987,
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 July 16, 1987. The Committee found the situation in El Salvador to be
an emergency and recommended that the U.S. Government impose emergency
import restrictions. 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 archaeological material from the Cara Sucia archaeological
region in El Salvador. The materials on the list are subject to the 1970
UNESCO Convention and Sec. 12.104, Customs Regulations. As provided in
19 U.S.C. 2601 et seq., and Sec. 12.104a, Customs Regulations, listed material
from this region may not be imported into the U.S. unless accompanied by
documentation certifying that the material left El Salvador legally and
not in violation of the laws of El Salvador.
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 of Customs 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).
List of Categories of Prehispanic Archaeological Objects From the Cara
Sucia Archaeological Region
The following descriptions
are illustrative and representative but are not intended to be exhaustive
or restrictively typical.
bowls, jars, flasks of fine clay, cream to brown colored, sometimes
with stamped or carved designs, measuring 2 to 3 inches in height.
Bowls: Low, open vessels
in a variety of styles and colors usually 4 to 10 inches in diameter and
4 and 5 inches in height. Styles include:
reddish brown to brown color, with glyphic and/or animal motifs and bands;
streaky cream to orange colored with black bands and designs such as spirals
a "negative" decorative technique with light color lines on a darker background;
often colored cream and orange to light brown;
red design on a cream surface;
bright orange with traces of paint;
dull red decorated with finely incised lines;
black-brown surface usually weathered to matte appearance, fine to coarsely
incised design that may have a dull red pigment rubbed in;
--Santa Tecla monochrome,
dull red sometimes with faceted shoulder.
Jars: Vessels with
neck and narrow opening, sometimes with handles, usually measuring 7 to
9 inches in height. Styles include:
white dots on orange-red background;
a "negative" decorative technique, with light color lines on a darker background;
often colored cream and orange to light brown;
lead grey to orange colored with metallic sheen, sometimes with effigy
appliques; when tapped has a distinct ring.
Vessels fashioned to resemble human, animal or natural forms; usually orange,
red or brown colored and 7 and 8 inches in height.
with straight or shaped sides, sometimes stuccoed, usually 6 to 9 inches
in height. Styles include:
--Incised or molded
cylindrical vase, orange to brown in color, sometimes decorated with carved
geometric or naturalistic designs depicting ceremonial scenes or monkeys
on cream panels;
"lamp chimney" vase, white background with red, black and orange designs
and black "step scrolls." Also frequently found as simple bowls with effigy
ring base with designs in blue, yellow and red; may be stuccoed;
vase, colored cream to orange with incised designs carved on panels on
each side of vase.
Plates: Made with
tripod feet or low vase, usually reddish brown or orange colored. May have
painted symbolic designs in red, orange, black, blue or white of human
or animal figures. Plates are usually no larger than 15 inches in diameter.
censers with oversized handle ("frying pan" shaped) with orange or brick-red
surfaces. They measure usually a little over 14 inches in length.
Other Ceramic Objects
from clay, often hollow and shaped like a bell, depicting human forms (often
women elaborately adorned with headdresses and earplugs, sometimes with
child in arms) or animal forms (dogs, monkeys, bats, toads, birds). Often
beige to reddish brown color, sometimes with traces of colored paint. Small
in size, usually under 12 inches in height. May be hand molded or made
from a mold.
Whistles and flutes:
Hollow clay figures, beige to brown color, shaped as animals such as
birds, jaguars, dogs, or marsupials, and combining in some cases, human
Molds: Used to produce
figurines, often show press marks and finger drags; usually brick-red in
color and coarsely textured.
Drums: Open at
the top and bottom, black-brown to orange in color and sometimes incised
with a medallion design; usually 8 inches in height.
fashioned to resemble natural, animal or human forms, including mushrooms,
usually orange, red or brown colored and 7 to 8 inches in height.
Stamp seals: Seals
designed to resemble animals (birds, reptiles, monkeys, insects) or geometric
motifs; has a short spike handle on back; small in size measuring 2 x 2
Dated: September 4, 1987.
Basalmo "death" sculpture
depicting a human figure with closed eyes crouching, carved from grey igneous
stone; usually 12 inches in height.
"Hachas," or flat stones
resembling a human or animal head in profile, usually 12 inches in height.
Relief panel resembling
a jaguar head carved in relief from grey igneous stone, measuring 24 inches
by 24 inches in size.
Michael H. Lane,
[FR Doc. 87-20905 Filed
9-10-87; 9:43 am]
BILLING CODE 4820-02-M
| Site Index | Disclaimer
& Credits | Contact Us | Back
Revised: February 11, 1999
FROM THE FOLLOWING:
Salvador Information Page
Federal Register Notice (html)