Rule2022-05685
Imposition of Import Restrictions on Categories of Archaeological and Ethnological Material of Albania
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 final rule 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 of the Republic of Albania (Albania). These restrictions are being imposed pursuant to an agreement between the United States and Albania that has been entered into under the authority of the Convention on Cultural Property Implementation Act. This final rule amends the CBP regulations by adding Albania to the list of countries which have a bilateral agreement with the United States that imposes cultural property import restrictions. This final rule 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 15079-15084]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-05685]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
DEPARTMENT OF THE TREASURY
19 CFR Part 12
[CBP Dec. 22-06]
RIN 1515-AE67
Imposition of Import Restrictions on Categories of Archaeological
and Ethnological Material of Albania
AGENCIES: U.S. Customs and Border Protection, Department of Homeland
Security; Department of the Treasury.
ACTION: Final rule.
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SUMMARY: This final rule 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 of the
Republic of Albania (Albania). These restrictions are being imposed
pursuant to an agreement between the United States and Albania that has
been entered into under the authority of the Convention on Cultural
Property Implementation Act. This final rule amends the CBP regulations
by adding Albania to the list of countries which have a bilateral
agreement with the United States that imposes cultural property import
restrictions. This final rule 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, Chief, Cargo Security, Carriers and Restricted Merchandise
Branch, Regulations and Rulings, Office of Trade, (202) 325-0084, <a href="/cdn-cgi/l/email-protection#f9968dd4968d8b8b9a8c958d8c8b9895898b96899c8b8d80b99a9b89d79d918ad79e968f"><span class="__cf_email__" data-cfemail="305f441d5f44424253455c444542515c40425f4055424449705352401e5458431e575f46">[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#9eafcbcdd9dcecfff0fdf6defdfceeb0faf6edb0f9f1e8"><span class="__cf_email__" data-cfemail="a293f7f1e5e0d0c3ccc1cae2c1c0d28cc6cad18cc5cdd4">[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. (hereinafter, ``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 (hereinafter, ``the Convention'' (823
U.N.T.S. 231 (1972)). Pursuant to the Cultural Property Implementation
Act, the United States entered into a bilateral agreement with the
Republic of Albania (Albania) to impose import restrictions on certain
archaeological and ethnological material from Albania. This rule
announces the imposition of import restrictions on certain
archaeological and ethnological material from Albania.
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 May 26, 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 Albania that is described in the
Designated List set forth below in this document.
These determinations include the following: (1) That Albania's
cultural heritage is in jeopardy from pillage of certain types of
archaeological material representing Albania's cultural heritage
ranging in date from approximately 300,000 B.C. to A.D. 1750, and
certain types of ethnological material representing Albania's cultural
heritage ranging in date from approximately A.D. 400 to 1913 (19 U.S.C.
2602(a)(1)(A)); (2) that the Albanian 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 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 August 23, 2021, the Governments of the United States and
Albania signed a bilateral agreement, ``Memorandum of Understanding
between the United States of America and the Republic of Albania
Concerning the Imposition of Import Restrictions on Categories of
Archaeological and Ethnological Material of Albania'' (hereinafter,
``the Agreement''), pursuant to the provisions of 19 U.S.C. 2602(a)(2).
The Agreement entered into force on February 28, 2022, following the
exchange of diplomatic notes, and enables the promulgation of import
restrictions on certain categories of archaeological material ranging
in date from approximately 300,000 B.C. to A.D. 1750, and ethnological
material ranging in date from approximately A.D. 400 to 1913. 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 at 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
[[Page 15080]]
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 February 28, 2027, unless extended.
Designated List of Archaeological and Ethnological Material of Albania
The Agreement between the United States and Albania 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 Albania legally and not in violation
of the export laws of Albania.
The Designated List includes certain archaeological and
ethnological material from Albania. The archaeological material in the
Designated List includes archaeological material from the Middle
Paleolithic to the Ottoman period, ranging in date from approximately
300,000 B.C. to A.D. 1750. The ethnological material in the Designated
List includes ethnological material from the Byzantine, Medieval, and
Ottoman periods, ranging in date from approximately A.D. 400 to
Albanian independence in 1913. The Designated List is representative
only. Any dates and dimensions are approximate.
Simplified Chronology
Paleolithic: c. 300,000-10,000 B.C.
Mesolithic: c. 10,000-6,000 B.C.
Neolithic: c. 6,000-4500 B.C.
Eneolithic/Chalcolithic/Copper Age: c. 4500-3100 B.C.
Bronze Age: c. 3100-1000 B.C.
Iron Age: c. 1000-450 B.C.
Proto-Urban/Urban period: c. 650-27 B.C.
Roman period: 27 B.C.-A.D. 395
Byzantine/Medieval period: A.D. 395-c. 1500
Ottoman period: c. A.D. 1500-1913
Categories of Archaeological and Ethnological Material
I. Archaeological Material
A. Stone
B. Metal
C. Ceramic, Clay, and Terracotta
D. Bone, Ivory, Shell, Wood, and Other Organics
E. Glass, Faience, and Semi-Precious Stone
F. Textiles
G. Leather, Papyrus, and Parchment
H. Rock Art, Paintings, and Drawings
I. Mosaics
II. Ethnological Material
A. Architectural Elements
B. Funerary Objects
C. Ritual and Ceremonial Objects
D. Paintings
E. Written Records
F. Textiles
G. Weapons and Armor
I. Archaeological Material
Archaeological material covered by the Agreement represents the
following periods, styles, and cultures: Paleolithic, Mesolithic,
Neolithic, Chalcolithic, Bronze Age, Iron Age, Urban period, Roman
period, Byzantine/Medieval period, and Ottoman period.
A. Stone
1. Sculpture
a. Architectural Elements--Primarily in marble, limestone, and
gypsum; including blocks from walls, floors, and ceilings; acroteria,
antefixes, architrave, water spouts, columns, capitals, bases, lintels,
jambs, friezes, pediments, tympanum, metopes, and pilasters; doors,
door frames, and window fittings; caryatids, altars, prayer niches
(mihrabs), screens, wellheads, fountains, mosaics, and tiles. This
category also includes relief and inlay sculpture that may have been
part of a building, such as friezes of sculptured stone figures set
into inlaid stone. May be plain, molded, carved, or inscribed.
Decorative motifs may be incised or in high relief.
b. Monuments and Stelae--Types include menhir, votive statues,
funerary and votive stelae, bases and base revetments, and carved
relief vases and slabs, usually in limestone, marble, or basalt. Common
subject matter also includes figural, vegetative, floral, or decorative
motifs. These may be painted, carved with relief sculpture, and/or
carry dedicatory or funerary inscriptions.
c. Sarcophagi and Ossuaries--In marble and limestone. The sides and
lids of sarcophagi and ossuaries may have relief sculptures of human
and animal figures, inscriptions, monograms, and floral and geometric
decoration.
d. Statuary--Both large and small, in marble, limestone, sandstone,
and other stone. Subject matter includes human and animal figures and
groups of figures in the round, as well as floral, vegetal and abstract
elements, including fragments of statues.
2. Vessels and Containers--In marble, steatite, rock crystal, and
other stone. Types include conventional shapes, such as bowls, cups,
jars, jugs, and lamps, or may be in the shape of a human or animal, or
part of a human or animal.
3. Furniture--In marble and other stone. Types include tables,
thrones, beds, funerary furniture, and other burial elements.
4. Tools and Weapons--In flint, chert, obsidian, limestone, and
other hard stone. Types include small tools, large and small blades,
borers, scrapers, sickles, awls, harpoons, cores, loom weights, and
arrow heads. Ground stone types include grinders (e.g., mortars,
pestles, millstones, and/or whetstones), choppers, axes, hammers,
molds, and mace heads.
5. Seals and Stamps--These are small devices with at least one side
engraved with a design for stamping or sealing, often in marble,
limestone, and various semiprecious stones, including rock crystal,
amethyst, jasper, agate, steatite, and carnelian. Shapes can include
cylinders, buttons, and prismatic.
6. Jewelry and Beads--Jewelry made of or decorated with colored and
semi-precious stones, including beads, necklaces, pendants, cameos,
crowns, earrings, finger rings, bracelets, anklets, belts, girdles,
pins, hair ornaments, and arm bands. May be incised or cut as gems or
cameos.
B. Metal
1. Sculpture
a. Statuary--Large and small statuary, primarily in bronze,
including fragments of statues. Subject matter includes human and
animal figures, masks, plaques, and groups of figures in the round.
b. Reliefs--In gold, bronze, or lead. Types include plaques, burial
masks, leaves, and appliqu[eacute]s with images of gods, mythical
creatures, or other figures.
c. Inscribed or Decorated Sheets--In bronze and lead. Engraved
inscriptions, ``military diplomas,'' ``curse tablets,'' and thin metal
sheets with engraved or impressed designs often used as attachments to
furniture.
2. Vessels and Containers--In copper, bronze, gold, and silver.
Bronze may be gilded or silver-plated. Types include conventional
shapes, such as bowls, cups, jars, jugs, strainers, cauldrons,
candelabras, and lamps, or may be in the shape of a human or animal or
part of a human or animal.
3. Jewelry and Personal Adornment--In copper, bronze, silver, and
gold. Types include earrings, ear caps, pendants, bracelets, necklaces,
spiraliform tubes, brooches, torques, belts, belt buckles, belt ends/
appliqu[eacute]s, fibulas with chain pendants, plates, spangles,
diadems, pins, dress pins, finger rings, hair rings, chains, spirals,
ornaments, beads, mirrors, wreaths, cuffs, and pectoral crosses.
4. Tools--In bronze, iron, lead, and copper. Types include socketed
hammers, spearheads, lanceheads,
[[Page 15081]]
daggers, knives, axes, double axes, hooks, weights, scrapers, trowels,
keys, strigils, and other tools of physicians and artisans.
5. Weapons and Armor--In copper, bronze, lead and iron. This
category includes common weapon types, such as daggers, arrows, swords,
spears, javelins, axes, rapiers, and maces. Body armor is also
included, such as helmets, cuirasses, shin guards, shields, horse
armor, and chariot decoration. Some may have inscriptions or be
otherwise decorated with engraved, embossed, or perforated designs.
6. Seals and Stamps--These are small devices with at least one side
engraved with a design for sealing or stamping, often in bronze,
copper, gold, silver, tin, or lead. Types include rings, amulets,
stamps, and seals with shank.
7. Ship and Boat Material--Parts and fragments from shipwrecks in
bronze, lead, and iron, including anchors.
8. Coins--This category includes coins of Illyrian, Greek,
Macedonian, Roman provincial, Byzantine, Medieval, and Ottoman types
that circulated primarily in Albania, ranging in date from
approximately the 6th century B.C. to A.D. 1750. Coins were made in
copper, bronze, silver, and gold. Examples are generally round, have
writing, and show imagery of animals, buildings, symbols, or royal or
imperial figures.
C. Ceramic, Clay, and Terracotta
1. Sculpture
a. Architectural Elements--Baked clay (terracotta) elements used to
decorate buildings. Elements include tiles, acroteria, antefixes,
painted and relief plaques, metopes, cornices, roof tiles, pipes, and
revetments, as well as wall and floor decorations in plaster. May be
painted as icons.
b. Statuary--Large and small statuary. Subject matter includes
human and animal figures and groups of figures in the round, human body
parts, shrines, houses, ovens, rhyta, strainers, and chariots. This
includes figurines which may be anthropomorphic, zoomorphic, vegetal,
furniture-like, schematic, or flat.
2. Vessels--Ceramic types, forms, and decoration vary among
archaeological styles over time. Forms may be handmade or produced with
ceramic wheels, plain or decorated, and may be glazed, unglazed,
slipped, painted, burnished, engraved, and/or incised. They may be
produced in Albania or imported at or near the time of production. Some
of the most well-known types are highlighted below:
a. Neolithic Pottery--Early Neolithic types include thick-walled,
coarse, fine, fine with sand inclusion, red, brown, and black pottery.
Decorations, applications, and paint include sandy slip, barbotine, red
monochrome, or dark brown paint on red barbotine ware. Middle Neolithic
types include gray or black, lustrous, incised, and beaded pottery.
Decorations include incised bands filled with dots or lines, incised
spiral motifs, or white paint. Late Neolithic types include light
yellow ocherous fabric, red ocherous fabric with painted decoration,
black ware with incisions and appliqu[eacute]s, brown on light painted,
clay mixed with sand, brown with broad lines and triangles, unpolished,
net patterns, zig-zag lines, fine, polished, painted, multi-colored,
linear-geometric, and spiral pottery. Shapes include globular,
spherical, hemispherical, and biconical vessels.
b. Chalcolithic Pottery--This category includes similar types and
decorations as described above for earlier periods, with the addition
of thick-walled, thin-walled mixed with sand, gray surface, brown
surface, black surface, fine, and gray-black pottery. They may be
painted, incised, encrusted, recessed, or in relief, sometimes
representing combined techniques. Prominently black monochrome with
fluted decoration. Shapes include squat biconical bodies with
cylindrical necks and bowls with incurving rims.
c. Bronze Age Pottery--Types include thick-walled and thin-walled
vessels, which are black, gray, gray-black, red, light beige, or
ocherous yellow, handmade and wheel-made, as well as Mycenaean (Late
Helladic) imported wares. Decorations include bands, punctuated plastic
bands, incised linear or curvilinear motifs, geometric motifs,
horizontal bands with or without holes, finger impressed bands, matte-
painted with geometric patterns, applied plastic decoration, monochrome
painted motifs, and/or piercing at juncture of rim and handle. Shapes
include pots with handles rising above the rim, vessels with wide necks
and exaggerated vertical handles, vessels with bulbous bodies, wide
necks, and thick lips, cups with handles, piriform cups with handles
that rise above the rim, vessels with elbow or axeblade-shaped handles,
vessels with wish bone handles, bowls, vessels with wide throats,
vessels with horizontal handles, vessels with handle and spout, short
open vessels with two handles, and double vessels.
d. Iron Age Pottery--Types include brown, gray, red, black, clean
fabric mixed with sand, thin-walled, and smooth surface pottery, both
handmade and wheel-made. Decorations include brown matte-painted linear
or curvilinear motifs, narrow ribbing, incised geometric patterns,
including triangles and concentric bands, and red paint on black glaze.
Shapes include vessels with globular bodies and cylindrical or conical
necks with vertical handles, jars with globular necks, beaked jugs,
spherical vessels, double vessels, vessels with narrow throats, vessels
with handles rising above the rim, pots, beaked oinochoe, skyphoi,
amphorae, conical bowls with upright or incurving rims, hemispherical
bowls, cups with various profiles, chalices, biphora, and vessels with
four handles.
e. Illyrian, Greek, and Hellenistic Pottery--Types include thin and
thick-walled vessels; proto-Corinthian, Corinthian, Attic, Devollian,
black-glazed, and other types. Decorations include thick black gloss,
as well as Attic and other imported Black Figure and Red Figure
vessels, including local imitations of these types. Shapes include
lekythoi (small, thin-walled jars), large storage amphorae, oinochoe,
pyxides, unguentaria, skyphoi, and others.
f. Roman Pottery--Types include fineware, coarseware, red gloss,
red slip, black slip, lead glaze, and others. Shapes include cooking
ware, jars, beakers, bowls, plates, vases, amphorae, and others.
g. Byzantine/Medieval Pottery--Types include thin and thick-walled
vessels with fine to coarse fabrics, often deep red to purplish with
lime inclusions and sandy texture, or dark orange with many lime
inclusions and voids. Decorations include red slips, plain glazes,
colored glazes, particularly green and silver, sgraffito incised
naturalistic, geometric, and figural decoration, painted geometric
motifs, including dots, ridge surface treatment, and proto-Maiolica
ware. Shapes include amphorae, open and closed jugs, large storage
vessels with small handles, and shallow plate-like vessels.
h. Ottoman Pottery--Types include thin and thick-walled vessels
with fine to coarse fabrics, often deep red to purplish with lime
inclusions and sandy texture. Decorations include plain glazes, colored
glazes, particularly green and brown, painted glaze, sgraffito incised
decoration, painted geometric motif, and Maiolica ware.
3. Objects of Daily Use--This type includes objects of daily use
including tools, spindle whorls, weights, and lamps.
4. Inscriptions--These are typically unbaked and should be handled
with extreme care, even when hard fired through accidental burning.
They typically take the form of tablets, which
[[Page 15082]]
may be shaped like leaves or may be rectangular or square. In various
languages and scripts.
D. Bone, Ivory, Shell, Wood, and Other Organics
1. Small Statuary and Figurines--This category includes human and
animal figures and groups of figures in the round.
2. Personal Ornaments and Objects of Daily Use--In bone, ivory,
shell, amber, and other organics. Types include tools, ornaments,
beads, amulets, combs, pins, spoons, small containers, bracelets, and
buckles.
3. Seals and Stamps--These are small objects with at least one side
engraved with a design for stamping or sealing. They may be discoid,
cuboid, conoid, or in the shape of animals or mythological creatures.
4. Tools and Weapons--Bone, ivory, and horn were used to produce
and decorate weapons and tools. Types include needles, awls, chisels,
hoes, picks, knives, spearheads, harpoons, and blades.
5. Human and Animal Remains--Skeletal remains from human and animal
bodies, found in burials or preserved in other contexts.
6. Musical Instruments--In bone, ivory, and tortoise shell. Types
include pipes and flutes.
7. Inscriptions and Writing--On wood, particularly wooden sticks,
ivory, and others. In various languages and scripts.
8. Ship and Boat Material--This includes whole or pieces that
compose a ship or boat, including logs, planks, and other fittings.
E. Glass, Faience, and Semi-Precious Stone
1. Architectural Elements--This includes glass inlay and tesserae
pieces from floor and wall mosaics, mirrors, and windows.
2. Vessels--Types include small jars, bowls, animal shaped
containers, goblets, spherical containers, candle holders, and perfume
jars (unguentaria).
3. Beads and Jewelry--Jewelry such as bracelets and rings,
pendants, and beads in various shapes (e.g., circular or globular), may
be decorated with symbolic and/or floral reliefs.
F. Textiles
This category includes clothing or clothing fragments, carpets,
flags or banners, flag bags, wall hangings, blankets, and textiles used
during religious practice, and includes objects made from linen, wool,
cotton, and silk.
G. Leather, Papyrus, and Parchment
1. Leather--This category includes bags, furniture parts, masks,
shields, cases and containers for a variety of uses, sandals, clothing,
and manuscript covers. There are examples of religious and/or rare
books that were written on leather pages.
2. Papyrus--Documents made from papyrus and written upon. These are
often rolled and/or fragmentary.
3. Parchment--Writing material made of animal skin and used to
produce manuscripts, including religious, liturgical, and scientific
works. These may be single leaves or bound as books or scrolls. These
may also have illustrations or illuminated paintings with gold and
other colors.
H. Rock Art, Paintings, and Drawing
1. Rock Art--Types include human-made markings on stone, cave
walls, or rocks in open air, and may be carved or painted. The earliest
known examples date from approximately 10,000 B.C.
2. Wall Paintings--This category includes paintings from buildings
and tombs. Several methods were used, such as wet-fresco and dry-
fresco, and the paintings may be applied to plaster, wood, or stone.
Types include simple applied color, bands and borders, landscapes,
scenes of people and/or animals in natural or built settings, and
religious themes. Tomb paintings may depict gods, goddesses, or
funerary scenes, and date primarily from the first millennium BC
through the 6th century A.D.
3. Panel Painting (Icons)--An icon is a work of art for religious
devotion, normally depicting saints, angels, or other religious
figures. These are painted on a wooden panel, often for inclusion in a
wooden screen (iconostasis), or else painted onto ceramic panels. May
be partially covered with gold or silver, sometimes encrusted with
precious or semi-precious stone.
I. Mosaics
Mosaics are a combination of small three-dimensional pieces of
colored stone or glass (tesserae) to create motifs, such as geometric
shapes, mythological scenes, floral or animal designs, natural motifs,
such as landscapes, and depictions of daily chores. These were
generally applied to walls, ceilings, or floors.
II. Ethnological Material
Ethnological material covered by the Agreement includes, but is not
limited to, architectural elements from historic or religious
structures, funerary objects, ritual and ceremonial objects, paintings,
written records, textiles, and weapons and armor; all of which
contribute to the knowledge of the origins, development, and history of
the Albanian people. This includes objects from approximately A.D. 400,
starting in the Byzantine period, through the Medieval and Ottoman
periods, ending in A.D. 1913, with Albania's independence.
A. Architectural Elements
This category includes architectural elements and decoration from
religious and historic buildings in all materials. These buildings have
distinctive characteristics described below. Examples of architectural
elements covered by the Agreement include, but are not limited to, the
following objects:
1. Structural and Decorative Architectural Elements--This category
includes material from religious or public buildings in stone, ceramic,
plaster, wood, and other organic elements, which includes blocks;
columns, capitals, bases, lintels, jambs, friezes, and pilasters;
beams, panels, doors, door frames, and window fittings; altars and
altar partitions, prayer niches (mihrab), circular marking slabs
(omphalion), screens, iconostases, fountains, ceilings, and carved,
molded, or painted brick and tile. Metal elements are primarily in
copper, brass, lead, and alloys, and may include doors, door fixtures,
lathes, finials, chandeliers, screens, and sheets to protect domes.
Glass may be incorporated into either structural or decorative
elements. This category also includes relief and inlay sculpture,
including appliqu[eacute]s and plaques that may have been part of a
building. May be plain, molded, carved, or inscribed. Decorative motifs
may be incised or in high relief, and may include religious, floral,
human, animal, or other motifs.
2. Mosaics--Wall or floor mosaics generally portray religious
images and scenes of biblical events. Surrounding panels may contain
animal, floral, or geometric designs. They are made from stone and
glass cut into small pieces (tesserae) and laid into a plaster matrix.
B. Funerary Objects
This category includes objects related to funerary rites and
burials in all materials. Examples of funerary objects covered by the
Agreement include, but are not limited to, the following objects:
1. Sepulchers--Sepulchers are repositories for human or animal
remains, in stone (usually marble or limestone), metal, and wood. Types
of burial containers include sarcophagi, caskets, coffins, and chest
urns. These may also have associated sculpture in relief or in the
round. May be plain or
[[Page 15083]]
have figural, geometric, or floral motifs, either painted or carved in
relief. May also contain human or animal remains.
2. Inscriptions, Memorial Stones, Epitaphs, and Tombstones--This
category includes inscribed funerary objects, primarily slabs in marble
and ceramic; most frequently engraved with Ottoman Turkish or Greek.
These may also have associated sculpture in relief or in the round.
3. Funerary Offerings--This category includes objects in all
materials; shrouds and body adornment, such as clothing, jewelry, and
accessories; idols, figurines, vessels, beads, weapons, or other ritual
or ceremonial offerings; and writing implements, books, and
manuscripts.
C. Ritual and Ceremonial Objects
This category includes objects for use in religious services
(Christian, Islamic, or other) or by the state (Byzantine Empire,
Medieval period rulers, and Ottoman Empire). Examples of ritual and
ceremonial objects covered by the Agreement include, but are not
limited to, the following objects:
1. Religious Objects--This category includes objects in all
materials, such as lamps, libation vessels, patens, pitchers, chalices,
plates, censers, candelabra, crosses and cross pendants, pilgrim
flasks, tabernacles, boxes and chests, carved diptychs, triptychs,
plaques and appliqu[eacute]s, cast metal icons, liturgical spoons,
ecclesiastic crowns, bells, ampoules, prayer beads, icons, amulets,
Bektashi surrender stones, and Qu'ran study tablets. This type also
includes reliquaries and reliquary containers, which may or may not
include human remains. Objects are often engraved, inscribed, inlaid,
or otherwise decorated with semi-precious or precious stones.
2. State Ceremonial Objects--This category includes objects in all
materials. Examples include ceremonial garments, clothing emblematic of
state or imperial position and accessories thereof (such as shoes,
headdresses and hats, belts, and jewelry); objects of state office
(such as scepters, staffs, insignia, relics, and monumental boxes,
trays, and containers); flags, flagstaffs, and alem (finials); stamps,
seals, and writing implements for official use by the state;
tapestries, or other representations of the court; and musical
instruments.
3. Furniture--This category includes objects primarily in stone or
wood, including altars, tables, platforms, pulpits, fonts, screens,
thrones, minbar, lecterns, desks, and other types of furniture used for
religious or official state purpose.
4. Musical Instruments--This category includes instruments
important for religious or state ceremonies, such as drums of various
sizes in leather (e.g., bendir drums used in Sufi rituals, wedding
processions, and Mal'uf performances), metal instruments, such as
cymbals and trumpets, and wooden instruments.
D. Paintings
This category includes works of paint on plaster, wood, or ceramic,
from religious or historic contexts. Paintings from these periods
provide information on the social and religious history of the people
of Albania that may be absent from written records. Examples of
paintings include, but are not limited to:
1. Wall paintings--This category includes paintings on various
types of plaster, which generally portray religious images and/or
scenes of biblical events. Types may also include simple applied color,
bands and borders, and animal, floral, and geometric motifs.
2. Panel Paintings (Icons)--An icon is a work of art for religious
devotion, normally depicting saints, angels, or other religious
figures. These are painted on a wooden panel, often for inclusion in a
wooden screen (iconostasis), or else painted onto ceramic panels. May
be partially covered with gold and/or silver, sometimes encrusted with
precious or semi-precious stone.
3. Works on Leather and Paper--Paintings may be on leather,
parchment, or paper. Images depicted may include, among other themes,
courtly themes (e.g., rulers, musicians, or riders on horses) and city
views.
E. Written Records
This category includes written records of religious, ritual,
ceremonial, political, or scientific importance, including, but not
limited to, works on papyrus, vellum or parchment, paper, or leather.
Papyrus documents are often rolled and/or fragmentary. Parchment and
paper documents may be single leaves or bound as scrolls or books. They
may have illustrations or illuminated paintings with gold or other
colors, or be otherwise embellished with colorful floral or geometric
motifs. There are also examples of Korans (Qur'ans) and other religious
and/or rare books written on leather pages. This category also includes
boxes for books or scrolls made of wood or other organic materials and
book or manuscript covers made of leather, textile, or metal.
F. Textiles
1. Traditional Clothing--Traditional Albanian folk clothing
including headdresses (qeleshe, pils, Albanian hat, qylaf[euml],
kapica, langi, l[euml]vere, kryqe), pants and upper body covers
(fustanella, tirq, brekusha, xhubleta, mb[euml]shtjell[euml]se), vests
(xhamadan), belts (brez), socks ([ccedil]orape), and shoes (opinga).
2. Religious Vestments and Textiles--In linen, silk, and wool. This
category includes religious textiles and fragments from mosques,
churches, shrines, tombs, and monuments, including garments, hangings,
prayer rugs, and shrine covers, as well as robes, vestments and altar
clothes that are often embroidered in silver and gold. Embroidered
designs include religious motifs and floral and geometric designs.
G. Weapons and Armor
This category includes weapons and armor in all materials. This
includes daggers, swords, saifs, scimitars, other blades, with or
without sheaths, as well as spears, firearms, and cannons. These may be
inlaid with gemstones, embellished with silver or gold, or engraved
with floral or geometric motifs and inscriptions. Grips or hilts may be
made of metal, wood, and/or semi-precious stones, such as agate, and
bound with leather. Armor consists of small metal scales, originally
sewn to a backing of cloth or leather, and augmented by helmets, body
armor, shields, and horse armor.
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.
[[Page 15084]]
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, Reporting and recordkeeping requirements.
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 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
Albania 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.
------------------------------------------------------------------------
Albania................... Archaeological material CBP Dec. 22-06.
of Albania ranging in
date from approximately
300,000 B.C. to A.D.
1750, and ethnological
material of Albania
ranging in date from
approximately A.D. 400
to 1913.
* * * * * * *
------------------------------------------------------------------------
* * * * *
Robert F. Altneu,
Director, Regulations & Disclosure Law Division, Regulations & Rulings,
Office of Trade, U.S. Customs and Border Protection.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2022-05685 Filed 3-16-22; 8:45 am]
BILLING CODE 9111-14-P
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</html>Indexed from Federal Register on March 17, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.