Rule2022-20314
Extension and Amendment of Import Restrictions on Archaeological and Ethnological Materials From Mali
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
September 19, 2022
Effective
September 15, 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 an extension and amendment of import restrictions on certain categories of archaeological and ethnological material from the Republic of Mali (Mali) to fulfill the terms of the new agreement, titled "Agreement Between the Government of the United States of America and the Government of the Republic of Mali Concerning the Imposition of Import Restrictions on Categories of Archaeological and Ethnological Material of Mali." The Designated List, which was last described in CBP Dec. 17-12, is amended in this document to reflect additional categories of archaeological material found throughout the entirety of Mali and additional categories of ethnological material associated with religious activities, ceremonies, or rites, and enforcement of import restrictions is being extended for an additional five years by this final rule.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 180 (Monday, September 19, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 180 (Monday, September 19, 2022)]
[Rules and Regulations]
[Pages 57142-57145]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-20314]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
DEPARTMENT OF THE TREASURY
19 CFR Part 12
[CBP Dec. 22-23]
RIN 1515-AE75
Extension and Amendment of Import Restrictions on Archaeological
and Ethnological Materials From Mali
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security; Department of the Treasury.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document amends the U.S. Customs and Border Protection
(CBP) regulations to reflect an extension and amendment of import
restrictions on certain categories of archaeological and ethnological
material from the Republic of Mali (Mali) to fulfill the terms of the
new agreement, titled ``Agreement Between the Government of the United
States of America and the Government of the Republic of Mali Concerning
the Imposition of Import Restrictions on Categories of Archaeological
and Ethnological Material of Mali.'' The Designated List, which was
last described in CBP Dec. 17-12, is amended in this document to
reflect additional categories of archaeological material found
throughout the entirety of Mali and additional categories of
ethnological material associated with religious activities, ceremonies,
or rites, and enforcement of import restrictions is being extended for
an additional five years by this final rule.
DATES: Effective on September 15, 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#98f7ecb5f7eceaeafbedf4ecedeaf9f4e8eaf7e8fdeaece1d8fbfae8b6fcf0ebb6fff7ee"><span class="__cf_email__" data-cfemail="6e011a43011a1c1c0d1b021a1b1c0f021e1c011e0b1c1a172e0d0c1e400a061d40090118">[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#2b1a7e786c69594a4548436b48495b054f4358054c445d"><span class="__cf_email__" data-cfemail="58690d0b1f1a2a39363b30183b3a28763c302b763f372e">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
Pursuant to the Convention on Cultural Property Implementation Act,
Public Law 97-446, 19 U.S.C. 2601 et seq., which 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
(823 U.N.T.S. 231 (1972)), the United States entered into a bilateral
agreement with the Republic of Mali (Mali) on September 19, 1997,
concerning the imposition of import restrictions on archaeological
material from Mali (the 1997 Agreement).\1\ The 1997 Agreement included
among the materials covered by the restrictions, archaeological
material from the region of the Niger River Valley of Mali and the
Bandiagara Escarpment (Cliff), Mali, then subject to the emergency
restrictions imposed by the former U.S. Customs Service (U.S. Customs
and Border Protection's (CBP) predecessor) in Treasury Decision (T.D.)
93-74 (58 FR 49428 (September 23, 1993)). These emergency import
restrictions were imposed pursuant to 19 U.S.C. 2603(c) and 19 CFR
12.104g(b) and effective for a period of five years.
---------------------------------------------------------------------------
\1\ The 1997 Agreement was entered into following the emergency
imposition of import restrictions on archaeological objects from the
region of the Niger River Valley of Mali and the Bandiagara
Escarpment (Cliff), Mali. The emergency restrictions were imposed by
the former U.S. Customs Service in Treasury Decision (T.D.) 93-74
and were published in the Federal Register (58 FR 49428) on
September 23, 1993. The 1997 Agreement replaced the emergency
restrictions.
---------------------------------------------------------------------------
On September 23, 1997, the former U.S. Customs Service published
T.D. 97-80 in the Federal Register (62 FR 49594), which amended 19 CFR
12.104g(a) to reflect the imposition of these restrictions, and
included a list designating the types of archaeological material
covered by the restrictions.
Import restrictions listed at 19 CFR 12.104g(a) are effective for
no more than five years beginning on the date on which an agreement
enters into force with respect to the United States. This period may be
extended for additional periods of no 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. See 19 CFR
12.104g(a).
Since the initial final rule was published on September 23, 1997,
the import restrictions were subsequently extended and/or amended four
(4) times. First, on September 20, 2002, the former U.S. Customs
Service published T.D. 02-55 in the Federal Register (67 FR 59159) to
extend the import restrictions for an additional five-year period.
Second, on September 19, 2007, CBP published CBP Decision (Dec.)
07-77 in the Federal Register (72 FR 53414), to extend the import
restrictions for an additional five-year period and to impose import
restrictions on new subcategories of objects throughout Mali from the
Paleolithic Era (Stone Age) to approximately the mid-eighteenth
century.
Third, on September 19, 2012, CBP published CBP Dec. 12-14 in the
Federal Register (77 FR 58020), to extend the import restrictions for
an additional five-year period.
Fourth and lastly, on September 19, 2017, CBP published CBP Dec.
17-12 in the Federal Register (82 FR 43692), to extend the import
restrictions for an additional five-year period and to impose import
restrictions on certain categories of ethnological material,
specifically, manuscripts dating between the twelfth and twentieth
centuries, in paper.
On January 6, 2022, the United States Department of State proposed
in the Federal Register (87 FR 791) to extend and amend the agreement
between the United States and Mali concerning the import restrictions
on certain categories of archaeological and ethnological material from
Mali. On April 27, 2022, the Assistant Secretary for Educational and
Cultural Affairs, United States Department of State, determined that:
(1) the cultural heritage of Mali continues to be in jeopardy from
pillage of certain archaeological and ethnological material currently
covered and that the import restrictions should be extended for an
additional five years; and (2) the cultural heritage of Mali is in
jeopardy from pillage of additional categories of archaeological
material found throughout the entirety of Mali and additional
categories of ethnological material associated with religious
activities, ceremonies, or rites, and that import restrictions should
be imposed on such additional categories. Pursuant to the new
agreement, the existing import restrictions will remain in effect for
an additional five years through September 13, 2027, along with the
imposition of additional import
[[Page 57143]]
restrictions on new categories of archaeological and ethnological
material mentioned above and added to the Designated List, which will
also be effective for a five-year period through September 13, 2027.
Accordingly, CBP is amending 19 CFR 12.104g(a) to reflect the
extension of the import restrictions and amending the Designated List
of cultural property described in CBP Dec. 17-12 with the addition of
categories of archaeological material including, but not limited to,
objects of ceramic, leather, metal, stone, glass, textiles, and wood,
and certain additional categories of ethnological material associated
with religious activities, ceremonies, or rites of traditional African
or Islamic cultures or religions; architectural elements; and funerary
objects; all at least 100 years old. The restrictions on the
importation of archaeological material and ethnological material
continue to be in effect through September 13, 2027. Importation of
such materials from Mali continues to be restricted through that date
unless the conditions set forth in 19 U.S.C. 2606 and 19 CFR 12.104c
are met.
The Designated List and additional information may also be found at
the following website address: <a href="https://eca.state.gov/cultural-heritage-center/cultural-property-advisory-committee/current-import-restrictions">https://eca.state.gov/cultural-heritage-center/cultural-property-advisory-committee/current-import-restrictions</a>
by selecting ``Mali'' from the list.
Designated List of Archaeological and Ethnological Material From Mali
This Designated List, amended as set forth in this document,
includes archaeological material that originates in Mali, ranging in
date from the Paleolithic Era (Stone Age) to approximately the mid-
eighteenth-century A.D. The Designated List is amended to include
additional categories of archaeological material found throughout the
entirety of Mali. These categories include, but are not limited to,
objects of ceramic, leather, metal, stone, glass, textiles, and wood.
The Designated List also includes certain categories of ethnological
material, namely, manuscripts dating between the twelfth and twentieth
centuries A.D., in paper, and is amended to include new categories of
ethnological material associated with religious activities, ceremonies,
or rites of traditional African or Islamic cultures or religions;
architectural elements; and funerary objects; all at least 100 years
old.
The list set forth below is representative only. Any dimensions are
approximate.
Archaeological Material
Includes objects dating from the Paleolithic Era (Stone Age) to
approximately the mid-eighteenth-century A.D.
I. Ceramics/Terracotta/Fired Clay
The best-known types and sites include, but are not limited to,
Djenne[acute]-Djeno or Jenne, Bankoni, Essouk-Tadmekka, Guimbala,
Banamba, Bougouni, Bura, Gao, Kidal, Talohos, and Teghaza.
A. Figures/Statues
1. 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. Includes terracotta masks. (H: 5 to 50 cm.)
2. 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 is common but is usually mounted.
Includes quadrupeds. (H: 5 to 40 cm.)
B. Common Vessels
1. Funerary jars, ochre in color, often stamped with chevrons. (H:
50 to 82 cm.)
2. Globular vases often stamped with chevrons and serpentine forms.
(H: under 10 cm.)
3. Bottles with a long neck and a belly that is either globular or
streamlined. Some have lids shaped like a bird's head.
4. Ritual pottery of the Tellem culture, decorated with a
characteristic plaited roulette.
a. Pots made on a convex mold built up by coiling.
b. Hemispherical pots made on three or four legs or feet resting on
a stand.
5. Kitchen pottery of the Tellem culture with the paddle-and-anvil
technique decorated with impressions from woven mats.
6. Vessels and containers often decorated with stamps, combs,
incised linear decorations, and/or geometric forms. May have some
surface treatment such as slip or a burnished finish.
7. Jars often with long, funnel-shaped neck and a flared rim. May
be decorated with wide parallel incisions, grooves, or fluting. Jars
often have surface treatment that is a combination of red slip with
white or black paint. Typically associated with the Gao Saneye region.
8. Glazed ceramic vessels, containers, and lamps often decorated
with bright colors such as red, green, turquoise, yellow, and/or black.
Types have been recovered at Essouk-Tadmeka.
9. Terracotta crucibles, which may have vitrified residues in a
blueish color used in craft production for melting copper.
10. Bed supports or frames that may be decorated with stamps,
combs, incised linear decorations, and/or geometric forms. May have
some surface treatment such as slip or a burnished finish.
11. Bottle stoppers made in terracotta. May be decorated with a
zoomorphic figure such as a ram or rooster head. (H: approximately 20
cm.)
C. Jewelry
Terracotta beads in different shapes such as tapered, oval,
cylindrical, segmented, elongated, and others. (H: typically, between 2
cm. to 8 cm.)
II. Leather
Objects of leather found in Tellem funerary caves of the Bandiagara
Escarpment or other archaeological sites across Mali include, but are
not limited to:
A. Sandals often decorated and furnished with a leather ankle
protection.
B. Boots profusely painted with geometric designs.
C. Plaited bracelets.
D. Knife-sheaths.
E. Loinskins.
F. Bags.
III. Metal
Objects of copper, bronze, iron, and gold from Mali include, but
are not limited to:
A. Copper and Copper Alloy (Such as Bronze)
1. Figures/Statues.
a. Anthropomorphic figures, including equestrian figures and
kneeling figures. (Some are miniatures no taller than 5 centimeters;
others range from 15 to 76 cm.)
b. Zoomorphic figures, such as the bull and the snake.
2. Bells (H: 10 to 12 cm.) and finger bells (H: 5 to 8 cm.).
3. Jewelry and items of personal adornment that include, but are
not limited to, bracelets, pendants, finger rings, amulets, amulet
holders, belts, brooches, buckles, buttons, charms, hair ornaments,
hairpins, necklaces, ornaments, pectoral ornaments, rosettes, staffs,
and others. Well-known motifs include bull's heads, snakes, and
antelopes.
[[Page 57144]]
B. Iron
1. Figures/Statues.
a. Anthropomorphic figures. (H: 12 to 76 cm.)
b. Zoomorphic figures, sometimes representing a serpent or a
quadruped animal. (H: 12 to 76 cm.)
2. Headrests of the Tellem culture.
3. Ring-bells or finger-bells of the Tellem culture.
4. Bracelets and armlets of the Tellem culture.
5. Hairpins, twisted and voluted, of the Tellem culture.
6. Tools and weapons that include knives, swords, hooks, harpoons,
weights, axes, scrapers, trowels, and other tools.
C. Gold
Jewelry and items of personal adornment including, but not limited
to, amulets, amulet holders, bracelets, belts, brooches, buckles,
buttons, charms, hair ornaments, hairpins, necklaces, ornaments,
pectoral ornaments, pendants, rings, rosettes, staffs, and others.
IV. Stone
Objects of stone from Mali include, but are not limited to:
A. Beads in carnelian (faceted) and other types of stone.
B. Quartz lip plugs.
C. Funerary stelae (headstones) inscribed in Arabic.
D. Chipped stone lithics from the Paleolithic and later eras
including axes, knives, scrapers, arrowheads, and cores.
E. Ground stone from the Neolithic and later eras including axes,
adzes, pestles, grinders, and bracelets.
F. Small carved statuary and figurines.
G. Rock art that is incised, engraved, pecked, and/or that displays
painted drawings on natural rock surfaces. May have inscriptions in
Arabic.
H. Megaliths, monoliths, or funerary stelae that may be carved,
ground, and/or pecked into a bell shape. May have incised geometric
decorations. Often in shaped sandstone or laterite. Heights vary, but
typically range from 45 centimeters to 150 centimeters.
V. Glass
A. Beads
A variety of glass beads have been recovered at archaeological
sites in Mali. Glass beads typically come in cylindrical, oval,
segmented, elongated or stretched pearl shapes. Beads are made with
single (blue, red, white, green, black) or multiple colors. Beads may
be brightly colored hues of blue, green, red, turquoise, yellow, and/or
white. Beads typically range from 5 mm. to 3 cm.
B. Vessels
Vessel types may be conventional shapes and include small jars,
bowls, goblets, spouted vessels, candle holders, perfume jars, and
lamps. Ancient examples may be engraved and/or colorless or blue,
green, yellow, or orange, while those from the Islamic period may
include animal, floral, and/or geometric motifs.
VI. Textiles
Textile objects, or fragments thereof, have been recovered in the
Tellem funerary caves of the Bandiagara Escarpment and other
archaeological sites across Mali and include, but are not limited to:
A. Cotton
1. Tunics.
2. Coifs.
3. Blankets.
B. Vegetable Fiber (e.g., Skirts, Aprons, and Belts Made of Twisted and
Intricately Plaited Vegetable Fiber)
C. Wool (e.g., Blankets)
VII. Wood
Objects of wood may be found archaeologically (in funerary caves of
the Tellem or Dogon peoples in the Bandiagara Escarpment, for example)
and the following are representative examples of wood objects usually
found:
A. Figures/Statues
1. Anthropomorphic figures--usually with abstract body and arms
raised standing on a platform, sometimes kneeling. (H: 25 to 61 cm.)
2. Zoomorphic figures--depicting horses and other animals. (H: 25
to 61 cm.)
B. Headrests
C. Household Utensils
1. Bowls.
2. Spoons--carved and decorated.
D. Agricultural/Hunting Implements
1. Hoes and axes--with either a socketed or tanged shafting without
iron blades.
2. Bows--with a notch and a hole at one end and a hole at the other
with twisted, untanned leather straps for the ``string''.
3. Arrows, quivers.
4. Knife sheaths.
E. Musical Instruments
1. Flutes with end blown, bi-toned.
2. Harps.
3. Drums.
Ethnological Material
I. Manuscripts
Manuscripts and portions thereof from the Mali Empire, Songhai
Empire, pre-Colonial, and French Colonial periods of Mali (twelfth to
early twentieth centuries A.D.), including but not limited to Qur'ans
and other religious texts, letters, treatises, doctrines, essays or
other such papers spanning the subjects of astronomy, law, Islam,
philosophy, mathematics, governance, medicine, slavery, commerce,
poetry, and literature, either as single leaves or bound as a book (or
``codex''), and written in Arabic using the Kufic, Hijazi, Maghribi,
Saharan, Sudani, Suqi, Nashk, or Ajami scripts written on paper.
II. Funerary Markers
Includes tombstones and burial markers incised with Arabic writing
and script. Shapes vary but include square or baguette-shapes.
Primarily in laterite, marble, or quartz. Approximate dimensions 20
centimeters to 120 centimeters high. Approximate dates: A.D. 1100-1920.
III. Wooden Objects
A. Ancestor Figurines
Includes carved wooden figurines often carved in high relief with
elongated forms and limbs. Forms may be abstract and stylized.
Typically associated with the Bamana, Dogon, Minianka, Senufo, or
Soninke. Approximate dates: A.D. 1200-1920.
B. Architectural Materials
Includes locks, shutters, and panels carved from wood in civic and
community buildings, found primarily in the Dogon culture area.
C. Ritual Vessels
Includes wooden carved arks and containers, often known as Aduno
Koro used for ceremonies and religious activities, primarily found in
the Dogon culture area. May have carvings of humans, horses, lizards,
and/or other designs.
IV. Masks and Headdresses
Includes types typically made from brass/bronze, coconut shell,
iron, ivory, leather, raffia, wood, plant fibers, quills, animal horns,
or a combination of materials. They can be carved and adorned with
decorative and symbolic designs. Beads, bells, and/or shells can be
attached. They can be sculpted and decorated to represent human,
animal, and composite forms (for example, a
[[Page 57145]]
horse and its rider). Masks may be encrusted with layers of clay,
kaolin, ochre, soil, and/or sediment. 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
included are typically associated with religious activities and/or
ceremonies, including the various secret societies of the Mande (e.g.,
Komo, Dojos, or the brotherhood of hunters) and communities of Mali,
including, theBamana, Bobo, Bozo, Dogon, Malink[eacute], Minianka, or
Senufo. Approximate dates ofA.D. 1200-1920.
V. Textiles
Includes beaded and adorned garments such as diviner's bags,
hunting shirts with protective amulets typically crafted out of cotton
and leather. Textiles are typically associated with religious
activities and/or ceremonies, including the various secret societies of
the Mande (e.g., Komo, Dojos, or the brotherhood of hunters) and
communities of Mali, including theBamana, Bobo, Bozo, Dogon,
Malink[eacute], Minianka, Peuhl or Fulani, or Senufo. Approximate dates
ofA.D. 1200-1920.
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, 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, amend the table in paragraph (a) by revising the
entry for Mali to read as follows:
Sec. 12.104g Specific items or categories designated by agreements or
emergency actions.
(a) * * *
----------------------------------------------------------------------------------------------------------------
State party Cultural property Decision No.
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Mali.................................... Archaeological material from Mali from the CBP Dec. 22-23.
Paleolithic Era (Stone Age) to approximately the
mid-eighteenth century, and ethnological materials
dating between the twelfth and twentieth centuries.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
Robert F. Altneu,
Director, Regulations & Disclosure Law Division, Regulations & Rulings,
Office of Trade U.S. Customs and Border Protection.
Approved:
Thomas C. West, Jr.,
Deputy Assistant Secretary of the Treasury for Tax Policy.
[FR Doc. 2022-20314 Filed 9-15-22; 4:15 pm]
BILLING CODE 9111-14-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on September 19, 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.