Rule2022-05681
Import Restrictions Imposed on Categories of Archaeological and Ethnological Material of Nigeria
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 17, 2022
Effective
March 17, 2022
Issuing agencies
Homeland Security DepartmentU.S. Customs and Border ProtectionTreasury Department
Abstract
This document amends the U.S. Customs and Border Protection (CBP) regulations to reflect the imposition of import restrictions on certain categories of archaeological and ethnological material from the Federal Republic of Nigeria ("Nigeria"). These restrictions are being imposed pursuant to an agreement between the United States and Nigeria that has been entered into under the authority of the Convention on Cultural Property Implementation Act. This document amends the CBP regulations by adding Nigeria to the list of countries which have a bilateral agreement with the United States that imposes cultural property import restrictions. This document also contains the Designated List that describes the types of archaeological and ethnological material to which the restrictions apply.
Full Text
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[Federal Register Volume 87, Number 52 (Thursday, March 17, 2022)]
[Rules and Regulations]
[Pages 15084-15090]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-05681]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
DEPARTMENT OF THE TREASURY
19 CFR Part 12
[CBP Dec. 22-05]
RIN 1515-AE71
Import Restrictions Imposed on Categories of Archaeological and
Ethnological Material of Nigeria
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 the U.S. Customs and Border Protection
(CBP) regulations to reflect the imposition of import restrictions on
certain categories of archaeological and ethnological material from the
Federal Republic of Nigeria (``Nigeria''). These restrictions are being
imposed pursuant to an agreement between the United States and Nigeria
that has been entered into under the authority of the Convention on
Cultural Property Implementation Act. This document amends the CBP
regulations by adding Nigeria to the list of countries which have a
bilateral agreement with the United States that imposes cultural
property import restrictions. This document also contains the
Designated List that describes the types of archaeological and
ethnological material to which the restrictions apply.
DATES: Effective on March 17, 2022.
FOR FURTHER INFORMATION CONTACT: For legal aspects, W. Richmond
Beevers, Branch Chief, Cargo Security, Carriers and Restricted
Merchandise Branch, Regulations and Rulings, Office of Trade, (202)
325-0084, <a href="/cdn-cgi/l/email-protection#325d461f5d46404051475e464740535e42405d425740464b725150421c565a411c555d44"><span class="__cf_email__" data-cfemail="b4dbc099dbc0c6c6d7c1d8c0c1c6d5d8c4c6dbc4d1c6c0cdf4d7d6c49ad0dcc79ad3dbc2">[email protected]</span></a>. For operational aspects,
Julie L. Stoeber, Chief, 1USG Branch, Trade Policy and Programs, Office
of Trade, (202) 945-7064, <a href="/cdn-cgi/l/email-protection#40711513070232212e2328002322306e2428336e272f36"><span class="__cf_email__" data-cfemail="efdebabca8ad9d8e818c87af8c8d9fc18b879cc1888099">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The Convention on Cultural Property Implementation Act, Public Law
97-446, 19 U.S.C. 2601 et seq. (``the Cultural Property Implementation
Act''), implements the 1970 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 (``the Convention'' (823 U.N.T.S. 231
(1972)). Pursuant to the Cultural Property Implementation Act, on
January 20, 2022, the United States entered into a bilateral agreement
with the Federal Republic of Nigeria (``Nigeria'') to impose import
restrictions on certain archaeological and ethnological material from
Nigeria. This rule announces that the United States is now imposing
import restrictions on certain archaeological and ethnological material
from Nigeria.
Determinations
Under 19 U.S.C. 2602(a)(1), the United States must make certain
determinations before entering into an agreement to impose import
restrictions under 19 U.S.C. 2602(a)(2). On March 9, 2021, the Acting
Assistant Secretary for Educational and Cultural Affairs, United States
Department of State, after consultation with and recommendation by the
Cultural Property Advisory Committee, made the determinations required
under the statute with respect to certain archaeological and
ethnological material originating in Nigeria that is described in the
Designated List set forth below in this document.
These determinations include the following: (1) That the cultural
patrimony of Nigeria is in jeopardy from the pillage of certain types
of archaeological material representing Nigeria's cultural heritage
dating from approximately 1500 B.C. to A.D. 1770, and certain
categories of ethnological material dating from approximately A.D. 200
to the early 20th century A.D. (19 U.S.C. 2606(a)(1)(A)); (2) that the
Nigerian government has taken measures consistent with the Convention
to protect its cultural patrimony (19 U.S.C. 2602(a)(1)(B)); (3) that
import restrictions imposed by the United States would be of
substantial benefit in deterring a serious situation of pillage and
remedies less drastic are not available (19 U.S.C. 2602(a)(1)(C)); and
(4) that the application of import restrictions as set forth in this
final rule is consistent with the general interests of the
international community in the interchange of cultural property among
[[Page 15085]]
nations for scientific, cultural, and educational purposes (19 U.S.C.
2602(a)(1)(D)). The Acting Assistant Secretary also found that the
material described in the determinations meets the statutory definition
of ``archaeological or ethnological material of the State Party'' (19
U.S.C. 2601(2)).
The Agreement
On January 20, 2022, the United States and Nigeria signed a
bilateral agreement, ``Memorandum of Understanding between the United
States of America and the Federal Republic of Nigeria Concerning the
Imposition of Import Restrictions on Categories of Archaeological and
Ethnological Material of Nigeria'' (``the Agreement''), pursuant to the
provisions of 19 U.S.C. 2602(a)(2). The Agreement entered into force
upon signature and enables the promulgation of import restrictions on
categories of archaeological material, ranging in date from
approximately 1500 B.C. to A.D. 1770, and certain categories of
ethnological material, ranging in date from approximately A.D. 200 to
the early 20th century A.D., representing Nigeria's cultural heritage.
A list of the categories of archaeological and ethnological material
subject to the import restrictions is set forth later in this document.
Restrictions and Amendment to the Regulations
In accordance with the Agreement, importation of material
designated below is subject to the restrictions of 19 U.S.C. 2606 and
Sec. 12.104g(a) of title 19 of the Code of Federal Regulations (19 CFR
12.104g(a)) and will be restricted from entry into the United States
unless the conditions set forth in 19 U.S.C. 2606 and Sec. 12.104c of
the CBP Regulations (19 CFR 12.104c) are met. CBP is amending Sec.
12.104g(a) of the CBP Regulations (19 CFR 12.104g(a)) to indicate that
these import restrictions have been imposed.
Import restrictions listed as 19 CFR 12.104g(a) 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. This period may be
extended for additional periods of not more than five years if it is
determined that the factors which justified the Agreement still pertain
and no cause for suspension of the Agreement exists. The import
restrictions will expire on January 20, 2027, unless extended.
Designated List of Archaeological and Ethnological Material of Nigeria
The Agreement between the United States and Nigeria includes, but
is not limited to, the categories of objects described in the
Designated List set forth below. Importation of material on this list
is restricted unless the material is accompanied by documentation
certifying that the material left Nigeria legally and not in violation
of the export laws of Nigeria.
The Designated List includes archaeological and ethnological
material from Nigeria. The archaeological material in the Designated
List includes, but is not limited to, objects made of ceramic/
terracotta, stone, metal, and organic material ranging in date from
approximately 1500 B.C. through A.D. 1770. The ethnological material in
the Designated List includes, but is not limited to, objects used in or
associated with religious activities, part of community or ancestral
shrines, and/or royal or chiefly activities, including beads and beaded
garments, figures, ivory and bone, leather and parchment, masks and
headdresses, metals, stone, ceramic/terracotta, wood, paintings, and
other ceremonial and ritual objects from the Edo (includes Benin),
Ejagham, Hausa, Mumuye, Owo, Yoruba, and other cultural and ethnic
groups, ranging in date from approximately A.D. 200 through the early
20th century A.D. Dates and dimensions are approximate.
Categories of Archaeological and Ethnological Material
I. Archaeological Material
A. Ceramic/Terracotta/Fired Clay
B. Stone
C. Metal
D. Organic Material
II. Ethnological Material
A. Beads and Beaded Garments
B. Figures
C. Ivory and Bone
D. Leather and Parchment
E. Masks and Headdresses
F. Brass and Bronze
G. Iron
H. Stone
I. Ceramic/Terracotta
J. Wood
K. Paintings
Approximate simplified chronology of well-known periods:
(a) Iron Age period (500 B.C. through A.D. 1000), including Nok
(1500 B.C. through 0 B.C.), Katsina (500 B.C. through A.D. 200), Sokoto
(500 B.C. through A.D. 200), Calabar (500 B.C. through A.D. 1200), and
Bakor (A.D. 200 through 500).
(b) Medieval to Precolonial period (A.D. 900 through 1900),
including Igbo-Ukwu (c. A.D. 900), Ife (A.D. 1100 through 1500), Esie
(A.D. 1200 through 1500), and Owo (c. A.D. 1400).
(c) Colonial period (A.D. 1900 to 1960).
I. Archaeological Material
Archaeological material covered by this Agreement is associated
with cultural groups who occupied Northern and Southern Nigeria from
the Early Nok period in the Late Stone Age (1500 B.C.) through the
Medieval and Precolonial periods (A.D. 1770). Examples of
archaeological material covered by the Agreement include objects from
well-known culture areas/archaeological sites, including yet to-be-
discovered types of archaeological material.
A. Ceramic/Terracotta/Fired Clay
1. Anthropomorphic Figures--Terracotta anthropomorphic figures
include heads and full-length human shapes. Human figures may be
natural or stylized in appearance. Anthropomorphic figures covered by
the Agreement include, but are not limited to, figures from the
following cultures:
a. Calabar Culture--Anthropomorphic figures from the Calabar
culture were crafted from coiled clay with a coarse texture. Height
varies, typically between 15 cm and 50 cm. Forms may be closed with a
base, body, neck, and head. The body may resemble an elongated,
globular vase with the head enclosing the rim of the vase. Horizontal
bands may differentiate the base from the body, neck, and head. Bases
are usually undecorated. Bodies are typically divided into vertical
sections and decorated with raised patterns and shapes including basket
weaves, cross hatching, incisions, herringbone, roped designs, zig
zags, and others. Anthropomorphic faces are compressed, while the head/
hairstyle decorations tend to be more elaborate, typically with coiled
or braided designs and headgear, although some may be bald. It may be
hard to distinguish male from female figures in Calabar anthropomorphic
vessels.
b. Nok Culture--Anthropomorphic figures and heads from the Nok
culture tend to be stylized and represent children and adults. Height
varies widely from miniatures to life size. Postures vary with figures
in half-kneeling, kneeling, sitting, or standing forms. Gestures
include bent arms, crossed arms, holding an animal by the neck, or
holding an object. Figures may have some clothing, such as belts/
loincloths with creases and overlapping fabric that may be decorated
with patterns and fringe; they may be
[[Page 15086]]
elaborately adorned with representations of roped strands of beads at
the abdomen, chest, and/or feet. Faces may have dented or pierced ears,
lips, nostrils, and pupils; eyes are triangular or D-shaped and are
disproportionally large. Eyebrows are arched. Some Nok mouths have
stylized teeth. Hairstyles can be elaborate with several buns.
Foreheads may have incisions, likely representing scarification. Some
Nok figures may have a diseased appearance represented by facial
features, including paralysis or elephantiasis. Feet are bare.
Fingernails and toenails may be realistic or represented with
triangular cuts on the nail bed. Many Nok figures are found in
disarticulated or in fragmentary forms.
c. Ife Culture--Anthropomorphic figures and heads from the Ife
culture tend to be naturalistic and made of terracotta, typically 9 cm
to 35 cm tall. Ife figures tend to be symmetrical and may be
freestanding. Some Ife figures may have caps or crowns in multiple
tiers. Ife facial characteristics include, but are not limited to,
vertical striations on the face, overhanging corners of the upper and
lower eyelid, impressed corners of the mouth, and grooves around the
neck.
d. Owo Culture--Anthropomorphic figures and heads from the Owo
culture tend to be naturalistic and made of terracotta. Owo figures may
be adorned with caps or headdresses, armbands or bracelets, belts, and/
or collars. Owo figures may have triangular fingernails and toenails.
Owo figures may hold decapitated or whole animals, including cocks,
elephants, lizards, rams, or other animals.
e. Sokoto Culture--Anthropomorphic figures from the Sokoto culture
are stylized and tend to have elongated, cylindrical bodies with molded
heads. Sokoto faces have U-shaped drooping eyelids with pierced eyes
and incisions that outline the eye; nostrils may be pierced, and mouths
may be slightly agape. Sokoto figures may have elaborate hairstyles
with several buns and beards. Navels are prominent and herniated.
Figures may have attached and bent arms, and may be holding objects
such as adzes, staffs, or weapons. Figures may be wearing banded
necklaces with pendants.
f. Katsina Culture--Anthropomorphic figures from the Katsina
culture are stylized. Katsina figures are often attached to the top of
a globular jar or bell-shaped urn. Katsina positions often have hands
resting on knees. Heads tend to wear caps.
2. Zoomorphic Figures--Figures in the shape of animals made from
terracotta/fired clay include freestanding whole figures and animal
heads. Figures may be stylized or naturalized. Animals represented may
include, but are not limited to, apes, chameleons, dogs, frogs, goats,
leopards, mudfish, monkeys, owls, rams, and snakes. Some zoomorphic
figures may be perched on top of bell-shaped urns. Eyes may be carved
from incisions, and there may be pierced holes for the eyes or the ear
cavity.
3. Vessels--Types, forms, and decoration of terracotta vessels vary
among archaeological styles over time. Shapes include bowls, bowls with
lids, jars, stands, and effigy vessels. Jars often have globular bases
with everted or cylindrical rims. Jars may have elongated forms.
Decorative styles on the exterior of jars and stands vary and may be
high- or low-relief elements. Decorative elements on the exterior of
jars and stands may include low-relief elements, such as cross hatches,
incisions, stamps, braided roulette, or twisted roulette. High-relief
elements may include naturalistic heads, stylized heads, manillas,
mudfish, other aquatic animals, snakes, sacrificial offerings, stylized
architectural elements, geometric shapes, and/or stylized plant or
vegetal elements. Nok vessels may have multiple anthropomorphic forms
added in high-relief to the exterior of the vessel. Nok vessels may
also have stylized heads carved into the exterior of the vessel with
many of the same attributes found in the figures, including, but not
limited to, arched eyebrows and D-shaped eyes.
4. Headrests--Terracotta headrests may have a triangular or
trapezoidal shape. Headrests vary in height but are typically 12 cm
tall and 45 cm in length. Headrests are composed of a base, body, neck,
and curved or slightly concave horizontal top. Bases and curved
horizontal tops tend to be undecorated. Bodies of headrests are
elaborately decorated with elements, such as cross hatches, incisions,
and/or stamps. Negative areas may be cut from the body of the headrest
leaving interlocked geometric designs, including, but not limited to,
chevrons or cruciforms. Headrests from the Calabar culture are a good
example of the style.
5. Stelae/Funerary Urns--This category includes stelae and urns
from funerary/burial contexts from the Dakakari and Katsina cultures.
Urns and stelae are normally 70 cm in height. Shapes are typically
complex with a circular base with vertical pillars supporting a
circular or disc-shaped top. Disc-shaped tops may be decorated with a
geometric design, human or animal faces, or body parts. There may be
surface decoration, including incisions, piercing, stamping, or others.
B. Stone
1. Monoliths--Monoliths (e.g., Akwanshi, Cross River, Ejagham,
Bakor, and Ikom) are typically carved from basalt, and range in height
from 50 cm to 2 m. Monoliths vary and may be carved in either a column
or boulder-like form. Monoliths are carved and can have both low- and
high-relief elements. Most monoliths represent male figures, but there
are also examples of female and animal figures. Some monoliths have
well defined facial features with beards, headdresses, or hairstyles,
and may have complex, linear patterns on the face and torso. The head
and torso of the monolith are often differentiated with a V-shaped
groove or ridge. The torso often has a protruding navel.
2. Figures--Stone Figures (e.g., Esie soapstone) are usually carved
from steatite or soapstone. Soapstone figures come from Yoruba
villages, including Esie, Ijara, and Ofaur. Figures feature animals,
children, and adult figures, often seated on a stool or kneeling on a
circular base. Figures are typically 20 cm to 120 cm in height. Most
soapstone figures have elaborate hairstyles, conical headdresses, or
helmets. Headdresses and hats may be decorated with chevrons, leaves,
rosettes, and/or tassels. Facial features are naturalistic with
outlined eyes, flared nostrils, and an elongated bridge on the nose.
There may be striations on the face, including three striations on the
temple, vertical lines on the chin, or three lines on the forehead.
Female figures have three or four marks on the nape of the neck.
Figures are typically adorned with necklaces and bracelets. Female
figures may be holding swords and males may have quivers with arrows.
3. Beads--Stone beads may be crafted from carnelian, chalcedony, or
other crypto-crystalline silicates, jasper, or quartz. Bead forms may
be cylindrical, approximately 2 cm in length. Beads may also be rod or
ring-shaped.
4. Axes (nyame akuma)--Groundstone or polished axes (nyame akuma)
have elongated forms, and, in their cross-section, are tear-drop
shaped. Axes often measure 6 cm in length or less, but can measure up
to 20 cm. Most groundstone axes are crafted from fine-grained volcanic
or siliceous rock, sometimes with a banded pattern in the raw material.
C. Metal
1. Brass and Bronze--There are three types of alloys typically used
in archaeological metal sculpture, vessels, and ornaments from Nigeria:
(1) Copper
[[Page 15087]]
or zinc brass; (2) leaded bronze copper with tin and lead; and (3)
bronze made from copper alloys, such as copper and tin, or copper and
lead. Despite this variation, Nigerian sculpture is often referred to
interchangeably as brass and bronze.
a. Anthropomorphic Figures--Examples of anthropomorphic brass and
bronze figures include, but are not limited to, the following:
i. Ife Brass and Bronze Figures--These include life-sized heads
(sometimes with necks), masks, and full-length figures. Ife brass and
bronze figures may have naturalistic features. There may be vertical
striations covering the face, and in some cases on the bottom lip.
There may be horizontal lines around the circumference of the neck.
There may be perforations along the hairline, jawline, around the
mouth, under the ears, and on the neck. Ife brass and bronze figures
may have caps, crowns, or headdresses.
ii. Bronze Figures from Lower Niger Region--Bronze figures from the
Lower Niger region (e.g., Tsoede and Jebba Island) are full-length
figures that typically range from 40 cm to 120 cm. Lower Niger bronzes
are less naturalistic and more stylized than Ife brasses and bronzes.
Figures may depict hunters, priests, warriors, or other roles. Facial
features include heavily outlined and wide bulging eyes, kidney shaped
mouth, compact body, wide tubular legs, and flat feet set on a
pedestalled base. Lower Niger figures may have elaborate caps, crowns,
or headdresses. Headdress decorations may include beads, decorative
disks, horns, or small anthropomorphic or zoomorphic figures. Some
carry or hold shields or staffs, or have clasped hands. Figures are
often adorned with necklaces and anklets. Some may be wearing full-body
tunics or belted skirts/wrappers cinched at the waist. Some may be
composite of a horse and rider.
b. Zoomorphic Figures--Igbo Ukwu zoomorphic brass and bronze
figures include stylized animal figures that may represent whole
animals or partial animal parts, typically the head or skull.
Zoomorphic figures include birds, elephants, leopards, rams, snakes,
and others. Zoomorphic figures are ornately and densely decorated with
encrusted designs and patterns. Geometric decorative elements can
include basketweave patterns, discs, granulation, raised knobs or
loops, spirals, meshwork with interlocking chevrons, metal threads, and
waves. Organic decorative elements can include images of beetles,
birds, eggs, flies, grasshoppers, leopards, shells, snakes, and
stylized plants and flowers. Trumpet-shaped decoration can surround
animal skulls.
c. Vessels--Igbo-Ukwu vessels were cast in brass and bronze using
the lost-wax method (cire perdu). Vessels come in many forms, including
open and closed forms of bowls, cups, jars, stands, and composite
shapes mirroring shells and calabashes. Vessel height typically varies
between 12 cm to 35 cm. Vessel decoration can vary from organic to
geometric shapes. Igbo-Ukwu vessels are elaborately and ornately
decorated with encrusted designs and patterns. Geometric decorative
elements can include basketweave patterns, discs, granulation, raised
knobs or loops, spirals, meshwork with interlocking chevrons, metal
threads, and waves. Organic decorative elements can include images of
beetles, birds, flies, grasshoppers, leopards, shells, snakes, and
stylized plants and flowers. Decorative elements can be in either high-
or low-relief forms. Some vessels may have handles on one or two sides
of the body or top. Blue, red, and yellow glass beads are sometimes
attached to the exterior of vessels.
d. Ornaments--Examples of ornaments include, but are not limited
to, the following:
i. Igbo-Ukwu Brass and Bronze Ornaments--These include, but are not
limited to, altar stands, animals, bells, eggs, fly whisks, human
figures, miniature heads, pendants, scabbards, shells, and staff
toppers. Decorative forms may be a composite with multiple figures (for
example, a horse and rider, snake and pangolin, snake and frog, or
others). Ornament sizes vary, but they are typically between 6 cm to 50
cm in height. Ornaments tend to be ornately and densely decorated with
encrusted designs. Decorative elements include, but are not limited, to
basketweave patterns, discs granulation, incisions, interlocking
geometric designs, raised knobs or loops, and spirals. Blue, red, and
yellow glass beads are sometimes attached to the exterior of ornaments.
ii. Lower Niger Ornaments--These include brass and bronze bells.
Ornament sizes vary, but they are typically between 10 cm to 20 cm in
height. Bells have conical shapes. Bells may have either stylized human
or animal faces with flared lips, protruding eyes, and striations on
the forehead and/or near the mouth. There may be ears protruding from
the conical body of the bell. There may be a loop on top of the bell
that allowed bells to be fastened to other objects.
2. Iron--Iron objects include, but are not limited to, ceremonial
swords, jewelry (e.g., anklets, armlets, and bracelets), knives,
projectiles, staffs, and other hand-held implements.
D. Organic Material
This category includes bone, ivory, leather, textiles, and wood
from archaeological contexts, such as human remains, animal remains,
basketry, burial shrouds, containers, garments, figurines, textiles,
tools, and vessels.
II. Ethnological Material
Ethnological material covered by the Agreement includes, but is not
limited to, objects that were used in religious activities, part of
community or ancestral shrines, and/or used in royal or chiefly
activities. Objects are associated with many cultures and civilizations
ranging in date from approximately 200 A.D. through the early 20th
century A.D. Nigeria's cultures, cultural complexes, and polities
include groups, such as the Afo, Bassa-Nge, Benin, Bokyi, Chamba, Cross
River Basin Peoples, Dakakari, Edo, Ekoi, Hausa, Ibibio, Idoma, Igala,
Igbo, Ijaw, Ijo, Fulani, Jukun, Kanem-Borno, Mambila, Mama, Montol,
Mumuye, Nupe, Ogoni, Okpoto, Sokoto, Tiv, Wamba, Verre, and Yoruba.
A. Beads and Beaded Garments
Beads and beaded garments include, but are not limited to, boots,
caps, crowns, dance panels, diviner's bags, garments for altar figures,
gowns, footrests, leggings, fly whisks, scepters, and sheaths for
ceremonial swords and other hand-held royal or chiefly implements, such
as staffs used in or associated with religious activities, community or
ancestral shrines, and/or royal or chiefly activities.
B. Figures
Figures come in many forms and were crafted from different types of
material, such as terracotta/fired clay, stone, and wood. Figures tend
to depict humans, human heads, and animals, and may be naturalistic or
stylized. Figures include, but are not limited to, figures made by Afo
artists, Chamba figures, Ekpu figures, Ibeji figures, Igbo ancestor and
shrine figures, Ijo figures, Jukun figures, Mbembe figures, Ogboni
figures, Oron figures, Mumuye figures, Urhobo figures, Verre figures,
Yoruba figures, ecclesiastical figures, and others used in or
associated with religious activities, community or ancestral shrines,
and/or royal or chiefly activities. Signs of wear depend on the
intended use of the object and range from well-preserved surfaces to
worn and/or encrusted surfaces.
[[Page 15088]]
C. Ivory and Bone
Ivory and bone objects come in many forms, including, but not
limited to, altar pieces, boxes, bowls, bracelets, ceremonial swords,
costume attachments, divination tappers, ecclesiastical objects,
figures, gongs, horns/trumpets, masks, paddles, pendants, rattles, salt
cellars, spoons, staffs, staff heads, vessels, and other objects.
Ethnological objects made from ivory include Afro-Portuguese ivories,
which are ornately carved and often in the form of salt cellars,
trumpets, spoons, pendants, or vessels. Ivory and bone objects are
typically associated with the Edo, Owo, and Yoruba cultures, and date
approximately from the 15th through the 19th centuries A.D.
D. Books and Manuscripts
Secular and religious Islamic texts, manuscripts, and portions of
manuscripts, including but not limited to, Qur'ans, commentaries,
essays, letters, poetry, treatises, and other documents spanning the
subjects of astronomy, chronicles, ethics, history, Islamic philosophy,
law, literature, prophetic traditions, secret arts, Sufism, and related
subjects. Books and manuscripts may be in sheets or in bound volumes,
and may be decorated with colorful, geometric, or organic designs. Text
is handwritten on paper and may be gathered into leather folios, and
may be written in Arabic, Ajami, Hausa, or Fulfulde scripts.
E. Masks and Headdresses
Masks and headdresses were typically created in three forms: (1)
Helmet-style; (2) facemasks; and (3) headcrests (worn on the top of the
head). Masks and headdresses may show signs of use from being worn,
used repeatedly, and fastened to the wearer. They may be crafted from
brass/bronze, coconut shells, iron, ivory, leather, raffia, wood,
vegetable fibers, or a combination of materials. They may be carved and
ornamented with decorative and symbolic motifs. Beads, bells, and/or
shells may be attached. They may be carved and decorated to represent
human, animal, and composite forms (e.g., horse and rider). Some masks,
like those of the Yoruba and the Igbo region, may be painted with
vibrant colors. Masks may also come in Janus style (double-sided) or
plank forms. Masks may have been worn by men, women, and children.
Masks may be encrusted with layers of clay, kaolin, ochre, soil, or
sediment. Examples of masks include those used in or associated with
religious activities and/or royal or chiefly activities, such as face
masks from Bassa-Nge, Ibibio, and Yoruba, helmet masks from Ejagham,
Igala, and Mambila, or crest masks or headdresses from Bokyi, Ejagham,
Ekoi, Ibibio, Idoma, Igbo, Ijo, Mama, and Yoruba.
F. Brass and Bronze
There are three types of alloys typically used in ethnological
metal sculpture from Nigeria: (1) Copper or zinc brass; (2) leaded
bronze copper with tin and lead; and (3) bronze made from copper
alloys, such as copper and tin or copper and lead. Despite this
variation, Nigerian sculpture is often referred to interchangeably as
brass and bronze. Benin Bronzes are the best-known examples. Examples
of Benin Bronzes includes, but are not limited to, the following:
1. Anthropomorphic Figures--Benin Bronzes come in a variety of
anthropomorphic forms, including free standing heads, heads on
pedestalled bases, free standing full-length human figures, and full-
length human figures on pedestalled bases. Head height varies,
typically between 20 cm to 55 cm. Features may be both naturalized and
stylized. Heads may have a wide and cylindrical shape, cheeks may be
swollen, and eyes may be enlarged. Heads have representations of
regalia including tight-fitting collars that do not cover the chin or
beaded collars that cover the neck and chin reaching the lower lip.
Heads may have caps, conical hats, crowns, elaborate hairstyles, or
helmets. Beads may hang above the eyes. Wing-like feathers and/or
horizontal bars may project from the side of headgear and crowns. Full-
length Benin bronze figures vary in height, typically between 40 cm and
65 cm. Full-length figures can be free standing or on a pedestalled
base. The position is typically asymmetrical as some figures hold side-
blown trumpets, staffs, weapons, or other objects. Figures are often
adorned with necklaces, bracelets, and caps, elaborate hairstyles,
helmets, or other headgear. Male figures often wear skirts/wrappers
tied around the waist. Some full-length figures have ``cat-whisker''
scarification protruding from the mouth. Some are composite figures,
such as a full-length figure of a horse and rider.
2. Zoomorphic Figures--Zoomorphic Benin bronze figures include
freestanding animals and animals on pedestalled bases, including,
birds, fish, horses, leopards, rams, roosters, snakes, and others. They
may be stylized and include both whole and partial animal figures.
Figures tend to have decorated bodies with feathers, scales, or spots.
Some figures may have once been part of decorative architectural
elements, including turrets. Height varies, typically from 30 cm to 60
cm. Pedestalled bases may be decorated with braided geometric and
organic designs.
3. Ornaments--Benin brass and bronze ornaments include, but are not
limited to, altar ornaments/stands, anklets, bells, bracelets, discs,
figures, finials, flasks, hip ornaments, horns/trumpets, lamps, masks,
miniature crowns, pot stands, rings, stools, staffs, and staff toppers.
Ornaments were cast using the lost-wax cast method and tend to be
ornately decorated with both high- and low-relief elements. Decorative
elements include, but are not limited to, basketweave patterns, chains,
incisions, interlocking geometric designs, organic designs, raised
knobs or loops, spirals, waves, and others. Decorative forms may
include human heads and full-length figures. Some ornaments may
incorporate animal designs into the body of the piece with birds,
crocodiles, frogs, horses, mudfish, snakes, and other animal designs.
4. Plaques--Benin bronze plaques were cast using the lost-wax
method. Plaques come in rectangular, pendant, and pectoral forms.
Rectangular plaques tend to be slightly taller than wider, with height
varying between 40 cm to 50 cm and width varying between 30 cm to 45
cm. Pendant and pectoral plaques tend to be semicircular. The
dimensions of pendant or pectoral plaques vary, typically with a height
and width varying between 15 cm to 40 cm. Plaques tend to be ornately
decorated with both naturalistic and stylized elements. The backgrounds
may have low-relief geometric and organic elements, including circles,
dots, flowers, petals, quatrefoils, and other designs. High-relief
decorative elements often include a prominent full-length human figure,
often flanked by two or more figures that may be smaller in size. Human
figures are often adorned in ceremonial dress including anklets, armor,
bracelets, decorated skirts/wrappers and tunics, necklaces, and other
objects. Crowns are common on the main figure and have many of the same
decorative elements as the Benin bronze memorial heads, such as
feathers and horizontal bars protruding from the temple. Some human
figures may have facial hair. Smaller figures may carry shields,
staffs, trumpets, and other weapons. Other high-relief decorative
elements include birds, crocodiles, insects, fish, snakes, trees, and
others.
5. Vessels--Benin brass and bronze vessels were cast in bronze
using the lost-wax method. Vessels come in many forms, including open
and closed forms of bowls, lidded bowls, cups, jars, jugs,
[[Page 15089]]
lidded jars, and stands. Sizes vary, typically between 7 cm and 40 cm.
Vessels are typically elaborately decorated with high- and low-relief
elements and with both naturalistic and stylized elements. The vessels'
backgrounds may have low-relief geometric and organic elements,
including arches, circles, dots, leaves, flowers, interlocking
geometric designs, petals, quatrefoils, and other designs. High-relief
elements on vessels include human and animal figures such as leopards,
frogs, mudfish, snakes, snails, tortoises, and others.
G. Iron
This category includes iron objects, such as axes, ceremonial
currency, ceremonial swords and knives, spears, staffs, swords, and
other weapons used in or associated with religious activities,
community or ancestral shrines, and/or royal or chiefly activities.
Iron implements vary in size, typically between 30 cm and 110 cm in
height. Ceremonial swords have fan-shaped blades. Blades may be curved
or pointed. Axes and ceremonial currency may have simple or ornate
curved blades that were not intended to be used, and may not have been
created for a utilitarian purpose. Blades may have dulled edges, and
forms are typically more delicate and ornate than utilitarian tools,
projectiles, and weapons. While the blades are forged from iron, the
hilt, pommel, and grip may be crafted from bone, brass, bronze, copper,
ivory, or wood.
H. Stone
1. Monoliths--Monoliths (e.g., Akwanshi, Cross River, Ejagham,
Bakor, and Ikom) are typically carved from basalt, and range in height
from 50 cm to 2 m. Monoliths vary and may be carved in either a column
or boulder-like form. Monoliths are carved and can have both low- and
high-relief elements. Most monoliths represent male figures, but there
are also examples of female and animal forms. Some monoliths have well-
defined facial features with beards, headdresses or hairstyles, and
they may have complex, linear patterns on the face and torso. The head
and torso of the monolith is often differentiated with a V-shaped
groove or ridge. The torso often has a protruding navel.
2. Figures--Stone figures (e.g., Esie soapstone) are usually carved
from steatite or soapstone. Soapstone figures come from Yoruba
villages, including Esie, Ijara, and Ofaur. Figures feature animals,
children, and adult figures, often seated on a stool or kneeling on a
circular base. Figures are typically 20 cm to 120 cm in height. Most
soapstone figures have elaborate hairstyles, conical headdresses, or
helmets. Headdresses and hats may be decorated with chevrons, leaves,
rosettes, and/or tassels. Facial features are naturalistic with
outlined eyes, flared nostrils, and an elongated bridge on the nose.
There may be striations on the face, including on the temple, chin,
and/or forehead. Female figures often have three or four marks on the
nape of the neck. Figures are typically adorned with necklaces and
bracelets. Female figures may be holding swords and males may have
quivers with arrows and a helmet with a shape of a bird.
I. Terracotta/Fired Clay
This category includes ceramic or terracotta vessels, figures, and
objects used in or associated with cemeteries, religious activities,
community or ancestral shrines, and/or royal or chiefly activities in
Dakakari, Edo, Yoruba, and other cultures.
1. Anthropomorphic Figures--Examples include anthropomorphic
figures from the Edo cultures, which tend to have both naturalized and
stylized characteristics. Height varies, typically between 9 cm and 25
cm. Terracotta ceremonial or commemorative heads share similar
characteristics to the anthropomorphic bronze figures described in
section I.F.1. of this Designated List. Heads may have a wide and
cylindrical shape, cheeks may be swollen, and eyes may be enlarged.
Heads include representations of regalia including tight-fitting
collars that do not cover the chin to beaded collars that cover the
neck and chin reaching the lower lip. Terracotta heads may have caps,
conical hats, crowns, elaborate hairstyles, or helmets. Beads or
incisions may hang above the eyes. Heads may have a hollow core.
2. Zoomorphic Figures--Examples include zoomorphic figures from the
Edo cultures, which tend to have stylized characteristics. Height
varies, typically between 9 cm and 25 cm. Edo zoomorphic figures tend
to feature singular heads of animals such as leopards, rams, or other
animals. Eyes and pupils tend to be incised. Heads may have a hollow
core.
3. Funerary Stelae/Figures--Funerary stelae and figures from the
Dakakari culture tend to be stylized and include anthropomorphic
figures, zoomorphic figures, or composite figures, such as a horse and
rider. Height varies, typically between 30 cm and 50 cm.
Anthropomorphic and zoomorphic figures tend to be positioned on top of
a bell-shaped or spherical base. Bodies tend to be cylindrical with
truncated limbs. Eyes may be represented by linear slits that puncture
the terracotta, while the nostrils and mouths may be punctured with
more rounded holes. Animal figures tend to have elongated, quadruped
limbs.
J. Wood
1. Architectural Elements--This category includes doors, door
fixtures, houseposts, and veranda posts from religious buildings,
including churches and shrines, and royal buildings, which were used in
or associated with religious activities, community or ancestral
shrines, and/or royal or chiefly activities. Architectural pieces may
be ornately carved with high-relief decorations.
2. Ceremonial and Religious Wood--This category includes altar
pieces, altar stands, ceremonial bowls, ceremonial boxes, divination
trays, divination vessels, drums, gong rasps, masquerade ornaments,
missal stands, offering bowls, prayer boards, Qur'an boxes, staffs,
staff heads, stools, and other objects used in or associated with
religious activities, community or ancestral shrines, and/or royal or
chiefly activities.
K. Rock Art
Incised, engraved, pecked, or painted drawings on natural rock
surfaces. Decoration includes human figures, animal figures (in
particular, cattle, sheep, and short horned bulls), and geometric
symbols.
References
Dynasty and Divinity: Ife Art in Ancient Nigeria, 2009, Henry John
Drewel and Enid Schildkrout, Getty Foundation with the Museum for
African Art, New York.
Early Art and Architecture of Africa, 2002, Peter Garlake, Oxford
University Press, Oxford.
From Shrines to Showcases: Masterpieces of Nigerian Art, 2008, Ekpo
Eyo, Ministry of Information and Communication, Abuja.
Gelede: Art and Female Power Among the Yoruba, 1983, Henry John
Drewal and Margaret Thompson Drewal, Indiana University Press,
Bloomington.
Nok: African Sculpture in Archaeological Context, 2013, Peter
Brunig, Goethe-Universit[auml]t and Africa Magna Verlag, Frankfurt.
Sculptures: Africa, Asia, Oceania, Americas, 2020, Reunion des
Musees Nationaux: Musee de quai Branly, Paris.
The Royal Arts of Africa: The Majesty of Form, 1998, Suzanne Blier,
Callman King; Prentiss Hall, London and New York.
Treasures of Ancient Nigeria, 1980, Ekpo Eyo and Frank Willett,
Alfred Knopf with the Detroit Institute of Art, New York.
Yoruba Beadwork: Artwork of Nigeria, 1980, William Fagg, Rizzoli
International Publications, New York.
[[Page 15090]]
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
under 5 U.S.C. 553(a)(1). For the same reason, a delayed effective date
is not required under 5 U.S.C. 553(d)(3).
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
CBP has determined that this document is not a regulation or rule
subject to the provisions of Executive Order 12866 because it pertains
to a foreign affairs function of the United States, as described above,
and therefore is specifically exempted by section 3(d)(2) of Executive
Order 12866.
Signing Authority
This regulation is being issued in accordance with 19 CFR 0.1(a)(1)
pertaining to the Secretary of the Treasury's authority (or that of
his/her delegate) to approve regulations related to customs revenue
functions.
Chris Magnus, the Commissioner of CBP, having reviewed and approved
this document, has delegated the authority to electronically sign this
document to Robert F. Altneu, who is the Director of the Regulations
and Disclosure Law Division for CBP, for purposes of publication in the
Federal Register.
List of Subjects in 19 CFR Part 12
Cultural property, Customs duties and inspection, Imports,
Prohibited merchandise, and Reporting and recordkeeping requirements.
Amendment to the 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;
* * * * *
0
2. In Sec. 12.104g, the table in paragraph (a) is amended by adding an
entry for ``Nigeria'' in alphabetical order to read as follows:
Sec. 12.104g Specific items or categories designated by agreements or
emergency actions.
(a) * * *
----------------------------------------------------------------------------------------------------------------
State party Cultural property Decision No.
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Nigeria.......................... Archaeological material of Nigeria ranging CBP Dec. 22-05
from approximately B.C. 1500 to A.D. 1770,
and ethnological material of Nigeria
ranging from approximately A.D. 200 to the
early 20th century A.D.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
Robert F. Altneu,
Director, Regulations & Disclosure Law Division, Regulations & Rulings,
Office of Trade U.S. Customs and Border Protection.
Approved:
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2022-05681 Filed 3-16-22; 8:45 am]
BILLING CODE 9111-14-P
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