Federal Register Notice,
September 23, 1993; 58(183):49428-49430
( Amended 1997 )
Import Restrictions Imposed
Significant Archaeological Artifacts From Mali
OF THE TREASURY
19 CFR Part 12
Import Restrictions Imposed on Significant
Archaeological Artifacts From Mali
U.S. Customs Service, Department of the Treasury.
SUMMARY: This document amends the
Customs Regulations by imposing emergency import restrictions on culturally
significant archaeological artifacts from the region of the Niger River
Valley of Mali and the Bandiagara Escarpment (Cliff), Mali. These restrictions
are being imposed pursuant to a Determination of the United States Information
Agency issued under 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.
EFFECTIVE DATE: September 23, 1993.
FOR FURTHER INFORMATION CONTACT: (Legal
Aspects) Susan Wilson, Intellectual Property Rights Branch (202) 482-6960;
(Operational Aspects) Mark Laria, Trade Operations (202) 927-0402.
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 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. The U.S. is, to date, the only 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 provisions 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. Those
regulations were again amended on January 19, 1990 (55 FR 1809), by T.D.
90-3 which provided members of the public a listing of all T.D.s which
had been issued imposing import restrictions under the Act. Both the country
where the article originates and a highlight of the type of article covered
appear next to the T.D. number.
This document amends the regulations again
by adding additional cultural property to the list of articles for which
import restrictions exist.
Under section 303(a)(3) of the Cultural
Property Implementation Act (19 U.S.C. 2602(a)(3)), the Government of Mali,
a State Party to the 1970 UNESCO Convention, asked the U.S. Government
to impose emergency import restrictions on certain archaeological materials
from the region of the Niger River Valley in Mali and the Bandiagara Escarpment
(Cliff) in Mali.
Notice of receipt of this request was published
by the U.S. Information Agency (USIA) in the Federal Register on
September 21, 1992.
On September 14, 1992, the request had
been 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, in December
1992. The Committee found the situation in Mali to be an emergency, in
accordance with the provisions of 19 U.S.C. 2603(a) (2) and (3), and recommended
that emergency import restrictions be imposed on archaeological material
from the above mentioned regions in Mali. 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 the 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 types of covered
archaeological material from the region of the Niger River Valley and the
Bandiagara Escarpment in Mali. The materials on the list are subject to
Sec. 12.104a(b), Customs Regulations. As provided in 19 U.S.C. 2601 et
seq., and Sec. 12.104a(b), Customs Regulations, listed material from this
area may not be imported into the U.S. unless accompanied by documentation
certifying that the material left Mali legally and not in violation of
the laws of Mali.
In the event an importer cannot produce
the certificate, documentation, or evidence required by 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).
List of Archaeological
Artifacts From the Niger River Valley Region, Mali, and the Bandiagara
Escarpment (Cliff), Mali
Archaeological material made prior to 1742
from the Region of the Niger River Valley, Mali, and the Bandiagara Escarpment
(Cliff), Mali, includes, but is not limited to, the categories listed below.
As this region is further excavated, other types of artifacts may be found
and added to an amended list. The following list is representative only;
dimensions are approximate.
Types of ceramic forms (stylistically known
as Djenne-jeno or Jenne, Bankoni, Guimbala, Bambara, Bougouni, and other
stylistic labels) known to come from the region include, but are not limited
Anthropomorphic figures, often incised, impressed
and with added motifs, such as scarification marks and serpentine patterns
on their bodies, often depicting horsemen or individuals sitting, squatting,
kneeling, embracing, or in a position of repose, arms elongated the length
of the body or crossed over the chest, with the head tipped backwards.
(H: 6-30 in.)
Zoomorphic figures, often depicting a snake
motif on statuettes or on the belly of globular vases. Sometimes, the serpent
is coiled in an independent form. A horse motif--usually mounted--is common.
Includes quadrupeds. (H: 6-30 in.)
Funerary jars, ocher in color, often stamped
with chevrons. (H: 50-80 cm.)
Globular vases, often stamped with chevrons
and serpentine forms. (H: under 10 in.)
Bottles with a long neck and a belly that
is either globular or streamlined. Some have lids shaped like a bird's
Ritual pottery of the Tellem culture, decorated
with a characteristic plaited roulette.
a. Pot made on a convex mold built up
b. Hemispherical pot made on three or
four legs or feet resting on a stand. (H: 18 cm.)
Kitchen pottery of the Tellem culture with
the paddle-and-anvil technique decorated with impressions from woven mats.
(H: 20 cm.)
Objects of leather found in Tellem funerary
caves of the Bandiagara Escarpment include, but are not limited to:
Sandals, often decorated and furnished with
a leather ankle protection.
Boots profusely painted with geometric designs.
Moveable metal artifacts from the Niger River
Valley Region and the Bandiagara Escarpment are made from the following
Copper and Copper Alloy (such as Bronze).
a. Anthropomorphic figures, including
equestrian figures, kneeling figures. (Some are miniatures no taller
than 2 inches; others range from 6 to 30 inches.)
b. Zoomorphic figures, such as the bull
Bells (H: 4-5 in.) and finger bells
(H: 2-3 in.).
Pendants, known to depict a bull's head or
a snake (H: 2-4 in.)
Bracelets, known to depict a snake (H:
5-6 in.), known to be shaped as a head and antelope (H: 3-4 in.)
a. Anthropomorphic figures. (H: 5-30
b. Zoomorphic figures, sometimes representing
a serpent. (H: 5-30 in.)
Headrests of the Tellem culture.
Ring-bells or finger bells of the Tellem culture.
Bracelets and armlets of the Tellem culture.
Hairpins, twisted and voluted, of the Tellem
Objects of stone found in Tellem funerary
caves of the Bandiagara Escarpment include, but are not limited to:
Faceted carnelian beads.
Quartz lip plugs.
Glass beads have been recovered in the
Tellum funerary caves and in archaeological sites in the region of the
Niger River Valley.
Textile objects, or fragments thereof,
have been recovered in Tellem funerary caves of the Bandiagara Escarpment
and include, but are not limited to:
Skirts, aprons and belts made of twisted
and intricately plaited vegetable fiber.
Objects of wood may be found archaeologically
(in the funerary caves of the Tellem or Dogon Peoples in the Bandiagara
Escarpment) for example:
Anthropomorphic figures, usually with abstract
body and arms raised standing on a platform, sometimes kneeling. (H:
Zoomorphic figures, depicting horses and other
animals. (H: 10-24 in.)
Spoons, carved and decorated.
Hoes and axes, with either a socketed or tanged
shafting without iron blades.
Bows, with a notch and a hole at one end and
a hole at the other with twisted, untanned leather straps for the "string".
Flutes, with end blown, bi-toned.
Inapplicability of Delayed Effective
Date and Public Notice Procedures
While this amendment is being made without
notice or public procedure, pursuant to 5 U.S.C. 553(b)(B), because the
action being taken is of an emergency nature and such notice or public
procedure would be impracticable and contrary to the public interest, it
should be noted that the USIA did provide public notice in the Federal
Register that it had received a request from the Malian Government that
these restrictions be imposed. Because of the emergency nature of the action,
pursuant to 5 U.S.C. 553(d)(3), a delayed effective date is not required.
Executive Order 12291
Because this document concerns a foreign
affairs function of the United States, it is not subject to E.O. 12291;
therefore, a regulatory impact analysis is not required.
Regulatory Flexibility Act
Because a notice of proposed rulemaking
is not required to promulgate this regulation, the provisions of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) do not apply.
The principal author of this document was
Peter T. Lynch, Regulations Branch, Office of Rules and Regulations, U.S.
Customs Service. However, personnel from other offices participated in
List of Subjects in 19 CFR Part 12
Cultural property, Customs duties and inspections,
Imports, International conventions, Prohibited merchandise, Reporting and
recordkeeping requirements, Seizure and forfeiture.
Amendment to the Regulations
Part 12 of the Customs Regulations (19
CFR part 12) is amended as set forth below:
PART 12--SPECIAL CLASSES OF MERCHANDISE
1. The general and specific authority citation
for part 12 continues to read as follows:
Authority: 5 U.S.C. 301, 19 U.S.C.
66, 1202 (General note 8, Harmonized Tariff Schedule of the United States
Sections 12.104-12.104i also issued under
19 U.S.C. 2612.
Sec. 12.104g [Amended]
2. In Sec. 12.104g, in the table in paragragh
(b), the list of emergency actions imposing import restrictions on described
articles of cultural property is amended by adding "Mali" under the column
headed "State Party", the description "Archaeological material from the
Niger River Valley Region, Mali, and the Bandiagara Escarpment (Cliff)
forming part of the remains of the ancient sub-Sahara culture" under the
column headed "Cultural Property", and "T.D. 93-74" will be placed on the
same line as "Mali", in the column headed "T.D. No."
Michael H. Lane,
Acting Commissioner of Customs
Approved: September 8, 1993.
John P. Simpson,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 93-23396 Filed 9-22-93; 8:45 am]
BILLING CODE 4820-02-P
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