Imposition of Import Restrictions on Archaeological and Ethnological Material of Yemen
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.
Issuing agencies
Abstract
This document amends the U.S. Customs and Border Protection (CBP) regulations to reflect the continuation of import restrictions on certain categories of archaeological and ethnological material of Yemen, pursuant to an agreement between the United States and the Republic of Yemen (the Agreement). The restrictions were originally imposed on an emergency basis by CBP Decision 20-01 on February 5, 2020, and will now continue, with various amendments, through April 15, 2029. The Designated List of archaeological and ethnological material of Yemen to which the restrictions apply is reproduced below, with certain modifications to make it consistent with the Agreement.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 175 (Tuesday, September 10, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 175 (Tuesday, September 10, 2024)]
[Rules and Regulations]
[Pages 73274-73280]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-20388]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
DEPARTMENT OF THE TREASURY
19 CFR Part 12
[CBP Dec. 24-15]
RIN 1515-AE83
Imposition of Import Restrictions on Archaeological and
Ethnological Material of Yemen
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 the continuation of import restrictions on
certain categories of archaeological and ethnological material of
Yemen, pursuant to an agreement between the United States and the
Republic of Yemen (the Agreement). The restrictions were originally
imposed on an emergency basis by CBP Decision 20-01 on February 5,
2020, and will now continue, with various amendments, through April 15,
2029. The Designated List of archaeological and ethnological material
of Yemen to which the restrictions apply is reproduced below, with
certain modifications to make it consistent with the Agreement.
DATES: Effective on September 10, 2024.
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#dbb4aff6b4afa9a9b8aeb7afaea9bab7aba9b4abbea9afa29bb8b9abf5bfb3a8f5bcb4ad"><span class="__cf_email__" data-cfemail="b2ddc69fddc6c0c0d1c7dec6c7c0d3dec2c0ddc2d7c0c6cbf2d1d0c29cd6dac19cd5ddc4">[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#53620600141121323d303b133031237d373b207d343c25"><span class="__cf_email__" data-cfemail="a594f0f6e2e7d7c4cbc6cde5c6c7d58bc1cdd68bc2cad3">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The Convention on Cultural Property Implementation Act (Pub. L. 97-
446, 19 U.S.C. 2601 et seq.) (CPIA), 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)) (Convention), allows for the conclusion of an
agreement between the United States and another party to the Convention
to impose import restrictions on eligible
[[Page 73275]]
archaeological and ethnological material. In certain limited
circumstances, the CPIA authorizes the imposition of restrictions on an
emergency basis (19 U.S.C. 2603). The emergency restrictions are
effective for no more than five years from the date of the State
Party's request and may be extended for three years where it is
determined that the emergency condition continues to apply with respect
to the covered material (19 U.S.C. 2603(c)(3)). These restrictions may
also be continued, in whole or in part, pursuant to an agreement
concluded within the meaning of the CPIA (19 U.S.C. 2603(c)(4)).
On February 7, 2020, U.S. Customs and Border Protection (CBP)
published a final rule, CBP Decision (CBP Dec.) 20-01, in the Federal
Register (85 FR 7209), which amended Sec. 12.104g(b) of title 19 of
the Code of Federal Regulations (19 CFR 12.104g(b)) to reflect the
imposition of import restrictions on certain archaeological material
and ethnological material of Yemen under the emergency protection
provisions of the CPIA.
Following imposition of the emergency import restrictions, the
United States entered into a bilateral agreement with the Republic of
Yemen \1\ under the CPIA to continue the emergency import restrictions
on certain archaeological and ethnological material of Yemen through
April 15, 2029, with modifications to the Designated List. This period
may be extended for additional periods, each extension not to exceed 5
years, if it is determined that the factors justifying the initial
agreement still pertain and no cause for suspension of the agreement
exists (19 U.S.C. 2602(e); Sec. 12.104g(a) of title 19 of the Code of
Federal Regulations (19 CFR 12.104g(a))).
---------------------------------------------------------------------------
\1\ Due to an ongoing conflict within Yemen, this rule shall use
the ``Republic of Yemen'' to denote the State party to the agreement
and ``Yemen'' when discussing the archaeological/ethnological
material and cultural heritage subject to the import restrictions.
---------------------------------------------------------------------------
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 November 18, 2022, the
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 Yemen that is described in the
Designated List set forth below in this document.
These determinations include the following: (1) that the cultural
patrimony of Yemen is in jeopardy from the pillage of archaeological
material, dating from approximately 200,000 B.C. to A.D. 1773, and
ethnological material representing Yemen's cultural heritage, ranging
in date from approximately A.D. 1517 through 1918 (19 U.S.C.
2602(a)(1)(A)); (2) that the Republic of Yemen 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
Assistant Secretary also found that the material included 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 30, 2023, the Governments of the United States and the
Republic of Yemen signed a bilateral agreement, ``Memorandum of
Understanding Between the Government of the United States of America
and the Government of the Republic of Yemen Concerning the Imposition
of Import Restrictions on Categories of Archaeological and Ethnological
Material of Yemen,'' (the Agreement) pursuant to the provisions of 19
U.S.C. 2602(a)(2). The Agreement entered into force on April 15, 2024,
following the exchange of diplomatic notes, and modifies the previously
imposed emergency import restrictions on archaeological material dated
from approximately 200,000 B.C. to A.D. 1773, as well as certain
ethnological material of Yemeni cultural heritage from A.D. 1517
through 1918. 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
Import restrictions on the archaeological and ethnological material
of Yemen previously reflected in Sec. 12.104g(b) will be continued
through the Agreement without interruption. Accordingly, Sec.
12.104g(a) of the CBP regulations is being amended to indicate that
restrictions have been imposed pursuant to the Agreement, and the
emergency import restrictions on certain categories of archaeological
and ethnological material of Yemen are being removed from Sec.
12.104g(b), as those restrictions are now encompassed in Sec.
12.104g(a). Pursuant to the Agreement, and consistent with the CPIA,
the Designated List originally published with the emergency
restrictions in CBP Dec. 20-01 is being amended to correct certain
typographical errors, to extend the date range for archaeological
material to A.D. 1773, to clarify certain categories of archaeological
material, to add the subcategory ``Inscribed Documents'' to the list of
archaeological materials, to clarify that the ethnological material
listed excludes Jewish ceremonial and ritual objects and manuscripts,
and to reorganize the list of ethnological material by type of object
instead of by material.
Designated List of Archaeological and Ethnological Material of Yemen
The Agreement between the United States and the Republic of Yemen
includes, but is not limited to, the categories of objects described in
the Designated List set forth below.
The Designated List includes archaeological and ethnological
material from Yemen. The archaeological material in the Designated List
includes, but is not limited to, objects made of stone, metal, ceramic,
clay, glass, faience, semi-precious stone, paintings, plaster,
textiles, leather, parchment, paper, wood, bone, ivory, shell, human
remains, and/or other organic materials dated from approximately
200,000 B.C. to A.D. 1773. The ethnological material in the Designated
List includes, but is not limited to, architectural materials,
manuscripts, and religious and ceremonial objects from approximately
A.D. 1517 to 1918. This would exclude Jewish ceremonial or ritual
objects and manuscripts. The Designated List is representative only.
Any dates and dimensions are approximate. For the reader's convenience,
CBP is reproducing the Designated List contained in CBP Dec. 20-01 in
its entirety with the previously detailed modifications.
Categories of Archaeological and Ethnological Material
I. Archaeological Material
A. Stone
B. Metal
C. Ceramic and Clay
[[Page 73276]]
D. Glass, Faience, and Semi-Precious Stone
E. Painting
F. Plaster
G. Textiles
H. Leather, Parchment, and Paper
I. Wood, Bone, Ivory, Shell, and Other Organics
J. Human Remains
II. Ethnological Material
A. Architectural Elements
B. Manuscripts
C. Religious and Ceremonial Objects
I. Archaeological Material
Restricted archaeological material from Yemen includes the
categories listed below, ranging in date from approximately 200,000
B.C. to A.D. 1773 and representing the following periods and cultures:
Paleolithic, Neolithic, South Arabian, Abyssinian, Sasanian, and
Islamic (including but not limited to Umayyad, Abbasid, Ziyadid, Zaydi,
Najahid, Sulaihid, Zurayid, Ayyubid, Rasulid, and Tahirid). The
following list is representative only.
A. Stone
1. Architectural Elements--Primarily in limestone, marble, and
sandstone; including, but not limited to, blocks from walls, floors,
and ceilings; columns, capitals, bases, lintels, jambs, friezes, and
pilasters; doors, door frames, and window fittings; engaged columns,
altars, prayer niches, screens, fountains, mosaics, and inlays. May be
plain, molded, carved, or inscribed in various languages and scripts.
Common decorative motifs include ibex heads and full animals, oxen or
bull heads, rosettes, geometric designs, and curvilinear vine and
floral patterns; may be incised or carved in relief. Approximate dates:
1200 B.C. to A.D. 1773.
2. Non-architectural Relief Sculpture--In alabaster, limestone,
marble, calcite, and other kinds of stone. Types include, but are not
limited to, carved slabs and plaques, funerary and votive stelae, and
bases and base revetments. These may be painted, incised, or carved
with relief sculpture, decorated with moldings, and/or carry dedicatory
or funerary inscriptions. South Arabian Period styles include, but are
not limited to, face plaques and stelae; may be combined with ceramic
or plaster sculpture; may be inscribed or painted. Common decorative
motifs either incised or in high relief include oxen or bull heads,
other animals, mythological creatures, human figures, which are usually
clothed, and vegetative and floral patterns; may be inscribed in South
Arabian script. Approximate dates: 1200 B.C. to A.D. 570.
3. Statuary--Primarily in alabaster, but also in calcite,
limestone, sandstone, softstone (chlorite and others), and marble.
Large- and small-scale, including, but not limited to, deities; human
figures, which are usually clothed; animals such as bulls, ibex, and
camels; and hybrid or mythological creatures. May be inscribed in South
Arabian script. Includes fragments of statues. Some pieces may also
include different material types, such as multiple types of stone,
metal staffs, shell or bone eyes, and metal, glass, and semi-precious
stone jewelry inlay. Approximate dates: 4000 B.C. to A.D. 570.
4. Vessels and Containers--Primarily in alabaster, softstone
(chlorite and others), and limestone; may also be marble, basalt, or
other stone. Vessels may be conventional shapes such as bowls, cups,
jars, jugs, platters, and flasks, or shapes such as smaller funerary
urns and incense burners. Common forms include, but are not limited to:
a. South Arabian Period containers for unguents, powders, and
liquids in all shapes and sizes. They are flat-bottomed and often have
lids. Some pieces have protruding pierced lug handles, which may or may
not be in the shape of an animal, usually a bull or ibex. Vessels may
be otherwise decorated or inscribed with South Arabian, or other
script. Other forms include, but are not limited to, pedestal dishes,
bowls, saucers, and three-legged cosmetic palettes, as well as small,
rectangular, square-sided boxes, usually decorated with bull's heads,
used as containers for smaller bottles. Incense burners from the South
Arabian period are usually cuboid and decorated with astral symbols or
South Arabian script. Includes miniature vessels and incense burners.
Approximate dates: 1200 B.C. to A.D. 570.
b. Stone vessels continue in similar form through the Sasanian and
Islamic Periods, particularly in softstone (chlorite and others) and
alabaster. Includes all vessel types and lamps, usually with geometric
incised decoration; may be inscribed with Arabic or other script.
Approximate dates: A.D. 570 to 1773.
5. Furniture--In marble, alabaster, and other stone. May include
thrones, tables, and other examples. Also includes furniture elements
such as legs and feet that may have been attached to a wooden frame;
may be funerary. May include South Arabian Period libation and
sacrificial altars or tables, which are oblong or square slabs with
raised rims; altars have a run-off channel for liquid, usually in the
form of an animal, such as a bull's head or ibex. Includes miniature
tables. Approximate dates: 1200 B.C. to A.D. 1773.
6. Tools and Weapons--In flint/chert, obsidian, limestone, tuff,
basalt, and other stones. Chipped stone types include, but are not
limited to, blades, borers, scrapers, sickles, cores, and arrowheads.
Ground stone types include, but are not limited to, grinders (e.g.,
mortars, pestles, millstones, whetstones), choppers, axes, celts,
hammers, mace heads, and weights. Approximate dates: 200,000 B.C. to
A.D. 1773.
7. Jewelry, Seals, and Beads--In marble, limestone, and various
semi-precious stones, such as rock crystal, amethyst, garnet, jasper,
agate, steatite, and carnelian. Seals or intaglios (small devices with
at least one side engraved with a design for stamping or sealing) may
be engraved with animals, human figures, and/or inscriptions in various
languages. Beads include cylindrical, spherical, conical, disc, and
other types; may have cut, incised, or raised decoration. Types
include, but are not limited to, amulets, bracelets, and pendants.
Approximate dates: 8000 B.C. to A.D. 1773.
B. Metal
1. Non-Architectural Relief Sculpture--Types include cast relief
plaques or tablets, appliques, stelae, and masks; often in bronze or
copper. Decoration may include human and animal figures, geometric, and
floral motifs. May be inscribed/cast in South Arabian, Arabic, or other
script. Approximate dates: 1200 B.C. to A.D. 1773.
2. Statuary--Primarily in copper, bronze, silver, or gold; includes
fragments of statues. Range from larger-than-life-size to small
figurines; forms include, but are not limited to, human figures, which
may be clothed or not; animals such as camels, ibex, oxen, bulls, and
lions; mythological creatures/figures; and trophies such as votive
hands. May be painted or inscribed/cast in relief in South Arabian,
Arabic, or other script. Approximate dates: 1200 B.C. to A.D. 570.
3. Vessels and Containers--Primarily in copper, bronze, or iron;
Islamic Period includes more examples in silver and gold. May include
forms such as bowls, cups, jars, jugs, strainers, buckets, cauldrons,
boxes, oil lamps, incense burners, and scroll or manuscript containers;
may occur in the shape of an animal or part of an animal. May be
miniature. Decoration may include human or animal figures, or geometric
or floral motifs, incised or in relief. Incense burners may be square
or
[[Page 73277]]
cylindrical; front decorated with astral symbols and/or animals. May be
inscribed/cast in relief in South Arabian, Arabic, or other script.
Approximate dates: 1200 B.C. to A.D. 1773.
4. Furniture--Primarily in bronze and iron; may include thrones,
tables, and other examples. Includes pieces of furniture and decorative
fittings such as legs and feet that may have been attached to a wooden
frame; or thin metal sheets with engraved or impressed designs.
Approximate dates: 1200 B.C. to A.D. 1773.
5. Tools and Instruments--In copper, bronze, iron, silver, gold,
and other metals. Types include, but are not limited to, hooks,
weights, axes, scrapers, trowels, keys, ladles, tools of craftspeople
such as carpenters, masons, and metal smiths. Approximate dates: 3000
B.C. to A.D. 570.
6. Weapons and Armor--Primarily in copper, bronze, and iron. Body
armor, such as helmets, cuirasses, shin guards, shields, and horse
armor; often decorated with elaborate engraved, embossed, or perforated
designs. Launching weapons (spears, javelins, socketed arrowheads);
hand-to-hand combat weapons (swords, daggers, jambiyas); and sheaths.
Approximate dates: 1200 B.C. to A.D. 1773.
7. Jewelry and Other Items for Personal Adornment--In copper, iron,
bronze, silver, gold, and other metals. Metal can be inlaid with
materials such as colored stones and glass. Types include, but are not
limited to, necklaces, amulets and pendants, rings, bracelets, anklets,
earrings, diadems, wreaths and crowns, beads, buttons, purses, belts,
belt buckles, mirrors, and make-up accessories and tools. Approximate
dates: 1200 B.C. to A.D. 1773.
8. Seals and Stamps--Primarily in lead, tin, copper, bronze,
silver, and gold. Types include, but are not limited to, rings,
amulets, and seals with a shank or handle; designs may include animals,
human figures, and/or inscriptions in various languages. Approximate
dates: 1200 B.C. to A.D. 1773.
9. Coins--A reference book for ancient, pre-Islamic material in
Yemen is M. Huth, Coinage of the Caravan Kingdoms: Ancient Arabian
Coins from the Collection of Martin Huth, New York, 2010, pp. 68-152. A
reference book for Islamic coinage to A.D. 1773 is S. Album, Checklist
of Islamic Coins, Santa Rosa, 2011, pp. 116-127. Some of the best-known
types are described below:
a. South Arabian Period--In gold, silver, and bronze/copper, with
units ranging from tetradrachms down to various fractional levels.
i. Earliest coins from Yemen are imitations of silver tetradrachms
from Athens, featuring a bust of Athena on the obverse and an owl on
the reverse. The style of these imitations is distinctive, and they are
usually marked with South Arabian monograms or graffiti. Approximate
dates: 500 B.C. and later.
ii. Mineans produced schematic imitations of the Athenian coinage;
these coins have angular shapes, often triangular. Style is distinctive
with monograms with South Arabian letters. Approximate date: 200 B.C.
iii. Sabaeans struck distinctive local imitations of Athenian
tetradrachms, with or without monograms, often with the curved symbol
of Almaqah to the right of the owl, and of smaller units than
previously. In the 1st century A.D., the head of Athena is replaced
with a male bust resembling Augustus; owl on the reverse continues, as
do monograms and the curved symbol. In the 2nd and 3rd centuries A.D.,
a beardless male head appears on the coins with the curved symbol, and
a facing bucranium (a bull's head) appears on the reverse with the
curved symbol and monograms. Approximate dates: 400 B.C. to A.D. 300.
iv. Himyarite coins feature beardless male heads on the obverse
coupled with bearded male heads on the reverse. Various South Arabian
monograms appear on the coins. Rulers include, but are not limited to,
Yuhabirr, Karib'il Yehun[revaps]im Wattar, Amdan Yuhaqbid, Amdan Bayan,
Tha'ran Ya[revaps]ub, Shamnar Yuhan[revaps]am, and unknown kings.
Approximate dates: 110 B.C. to A.D. 200.
v. Qatabanians also produced imitations of Athenian coins in the
2nd to 4th century B.C., with or without monograms; distinctive style.
From the 2nd century B.C. to the 2nd century A.D., the head of Athena
is replaced with male ruler portraits, including, but not limited to,
those of Yad'ab Dhubyan Yuhargib, Dhub, Hawfi[revaps]amm
Yuhan[revaps]am III, Shahr Yagul, Waraw'il Ghaylan, Shahr Hilal,
Yad[revaps]ab Yanaf, and various unknown rulers. Reverses of early
types have the owl, while later types have a second portrait on the
reverse. Approximate dates: 400 B.C. to A.D. 200.
vi. Bronze coins from Hadhramaut have radiate male portraits in a
circle on the obverse and a standing bull on the reverse; South Arabian
symbols appear. Approximate dates: A.D. 200 to 400.
vii. Various South Arabian types imitate Athenian coins,
Hellenistic Alexander tetradrachms with a head of Herakles on the
obverse and Zeus seated on the reverse, and Ptolemaic coins with a
cornucopia on the reverse. Style is distinctive; designs are
accompanied by South Arabian monograms.
b. Islamic Period--In gold, silver, and bronze. Including anonymous
mints in Yemen and coins of unknown rulers attributed to Yemen. Non-
exclusive mints are the primary manufacturers of the listed coins, but
there may be other production mints.
i. Abbasid coins struck in gold, silver, and bronze, at non-
exclusive mints San[revaps]a, Zabid, `Adan, Dhamar, `Aththar, and
Baysh. Approximate dates: A.D. 786 to 974.
ii. Coins of the Amirs of San[revaps]a, struck in gold, at the mint
of San[revaps]a. Approximate dates: A.D. 909 to 911.
iii. Rassid (1st period) coins struck in gold and silver at
Sa[revaps]da, San[revaps]a, Tukhla', and `Aththar. Approximate dates:
A.D. 898 to 1014.
iv. Coins of the Amirs of Yemen, struck in silver, at an uncertain
mint. Approximate dates: A.D. 1000 to 1100.
v. Coins of the Amirs of `Aththar, struck in gold, at the mint of
`Aththar. Approximate dates: A.D. 957 to 988.
vi. Tarafid coins, struck in silver, at the mint of `Aththar.
Approximate dates: A.D. 991 to 1004.
vii. Ziyadid coins, struck in gold and silver, at non-exclusive
mint Zabid. Approximate dates: A.D. 955 to 1050s.
viii. Khawlanid coins, struck in silver, at the mint of
San[revaps]a. Approximate dates: A.D. 1046 to 1047.
ix. Najahid coins, struck in gold, at the mints Zabid and Dathina.
Approximate dates: A.D. 1021 to 1158.
x. Sulaihid coins, struck in gold and debased silver, at non-
exclusive mints Zabid, `Aththar, `Adan, Dhu Jibla. Approximate dates:
A.D. 1047 to 1137.
xi. Zuray'id coins, struck in gold, at the mints of `Adan and Dhu
Jibla. Approximate dates: A.D. 1111 to 1174.
xii. Coins of Mahdid of Zabid, struck in silver, at the mint of
Zabid. Approximate dates: A.D. 1159 to 1174.
xiii. Rassid (2nd period) coins, struck in gold and silver, at non-
exclusive mints Zufar, San[revaps]a, Sa[revaps]da, Huth, Dhirwah,
Kahlan, Muda', `Ayyan, Bukur, al-Jahili, and Dhamar. Approximate dates:
A.D. 1185 to 1390.
xiv. Ayyubid coins, struck in gold, silver, and bronze, at the
mints of Zabid, `Adan, Ta`izz, San[revaps]a, al-Dumluwa, Bukur, and
Mayban. Approximate dates: A.D. 1174 to 1236.
xv. Rasulid coins, struck in gold, silver, and bronze, at non-
exclusive mints `Adan, Zabid, al-Mahjam, Ta[revaps]izz, San[revaps]a,
Tha'bat, and Hajja. Approximate dates: A.D. 1229 to 1439.
[[Page 73278]]
xvi. Tahirid coins, struck in silver, at the mint of `Adan.
Approximate dates: A.D. 1517 to 1538.
xvii. Rassid (3rd period) coins, struck in silver and bronze, at
the mints of San[revaps]a, Zafir, and Thula. Approximate dates: A.D.
1506 to 1572.
xviii. Ottoman coins, struck in gold, silver and bronze, at the
mints of Zabid, San[revaps]a, `Adan, Kawkaban, Ta[revaps]izz,
Sa[revaps]da, al-Mukha, and Malhaz. Approximate dates: A.D. 1520 to
1773.
C. Ceramic and Clay
1. Architectural Elements--Baked clay (terracotta) elements used to
decorate buildings. Elements include, but are not limited to,
acroteria, antefixes, painted and relief plaques, revetments, carved
and molded brick, and wall ornaments and panels. Approximate dates:
1200 B.C. to A.D. 1773.
2. Non-architectural Relief Sculpture--Types include, but are not
limited to, carved slabs and plaques, funerary and votive stelae, and
bases and base revetments. Common decorative motifs include ibex heads
and full animals, oxen or bull heads, rosettes, and curvilinear vine
and floral patterns, and may be incised or in high relief; inscribed
with South Arabian, Arabic, or other script. Includes face plaques and
stelae: funerary images of faces; may be combined with ceramic or
plaster sculpture; may be inscribed or painted. Approximate dates: 1200
B.C. to A.D. 1773.
3. Statuary--Range from large to small figurines; forms include,
but are not limited to, human figures, usually clothed; animals such as
camels, ibex, oxen, bulls, and lions; or mythological creatures/
figures; and trophies such as votive hands. May be glazed or painted;
may include South Arabian script. Approximate dates: 1200 B.C. to A.D.
570.
4. Vessels--Types include, but are not limited to, utilitarian
types and fine tableware, incense burners, and oil lamps.
a. Post-Neolithic/Bronze Age--Common wares include, but are not
limited to, hand-built gray-brown or reddish-brown coarseware with
large black or white inclusions, occasionally burnished; and fineware,
which can have slipwash or burnish with incised or punctate decoration.
Some pieces may also have imprints of basketry. Common forms include,
but are not limited to, platters and shallow bowls with flat bases,
deep bowls and basins with rounded bases, rimmed hemispheric bowls with
rounded bases, hole-mouthed jars, necked jars, and large storage jars.
Approximate dates: 3500 to 900 B.C.
b. South Arabian Period--Common wares include, but are not limited
to, hand-built reddish-brown, yellow, and gray fabrics, which may be
unfinished, burnished, or slip-glazed; the most common is red-burnished
slip with carinated vessel shapes. Common forms include, but are not
limited to, small-rimmed jugs with flat base; small beakers and
goblets; rimmed bowls, jars, and vases with ring bases; cooking pots
with flat bases and straight walls; hemispherical bowls with ledge
handles, often with black burnished slip; plates/platters with flat
bases; goblets; amphorae; and oil lamps. Decoration includes, but is
not limited to, paint, punctation, incised or pressed designs including
South Arabian script, and raised dots. Imported Roman terra sigillata
ware, Nabatean painted pottery, Iranian fine orange-painted ware, and
Indian red-polished ware are also common. Incense burners from this
period may be square or cylindrical and decorated with astral symbols
or South Arabian script. Includes miniature vessels. Approximate dates:
1200 B.C. to A.D. 570.
c. Sasanian-Islamic Period--Includes stoneware, pottery, porcelain,
and other wares, which may be unglazed utilitarian wares or glazed
types; local types include, but are not limited to, reddish, pink, and
white fabrics with glaze styles including turquoise slip-painted,
bright yellow glaze, green-painted glaze, salad ware (light green),
pseudo-celadon glazed, brown-painted, and blue glazed on white slip;
may include Arabic calligraphy. Imported types are also common and
include, but are not limited to, Abbasid Period alkaline blue Sasanian-
Islamic jars (A.D. 700 to 1100); Abbasid Period opaque white-glazed
bowls, either plain or decorated with cobalt (A.D. 800 to 900); and
sgraffiato types in various forms with red fabric and incised and
painted designs on white slip including floral, geometric, human, and
animal motifs (A.D. 1100 to 1400); other types from China, the Arabo-
Persian Gulf, the Indian Ocean, and East Africa are also present. Oil
lamps from this period typically have rounded bodies with a hole on the
top and in the nozzle and may have handles or lugs and figural motifs;
include glazed ceramic lamps, which may have a straight or round
bulbous body with flared top and several branches. Approximate dates:
A.D. 570 to 1773.
D. Glass, Faience, and Semi-Precious Stone
1. Architectural Elements--Mosaics; designs include, but are not
limited to, landscapes, scenes of deities, humans, or animals, and
activities such as hunting and fishing. There may also be vegetative,
floral, or geometric motifs; often with religious imagery. Approximate
dates: A.D. 500 to 1773.
2. Vessels--Forms include, but are not limited to, small jars,
bowls, animal-shaped vessels, goblets, spherical forms, candle holders,
perfume and unguent jars, and lamps; may have cut, incised, raised,
enameled, molded, or painted decoration; various colors. South Arabian
Period and early Islamic Period types may be colorless, blue, green, or
orange and may be engraved; may include floral and/or geometric motifs;
may include Arabic calligraphy. Approximate dates: 1200 B.C. to A.D.
1773.
3. Jewelry--Forms include beads that may be cylindrical, spherical,
conical, disc-shaped, and other shapes; may have cut, incised, or
raised decoration; various colors; molded and carved glass gemstones;
may include other types of glass inlay. Approximate dates: 1200 B.C. to
A.D. 1773.
E. Painting
1. Rock Art--Incised, pecked, or painted drawings on natural rock
surfaces. Decoration includes crosses; humans; animals, particularly
camels, ibex, and snakes; geometric and/or floral designs; and other
designs; includes fragments. May include pre-Islamic graffiti, commonly
in South Arabian script. Approximate dates: 12,000 B.C. to A.D. 100.
2. Wall Painting--Decoration includes crosses; humans; animals,
particularly camels, ibex, and snakes; geometric and/or floral designs;
and other designs; includes fragments. Painted on wood, stone, and
plaster. May be on domestic or public walls or tombs. Approximate
dates: 1200 B.C. to A.D. 1773.
F. Plaster
1. Stucco--Stucco reliefs, plaques, stelae, and inlays or other
architectural decoration in stucco. Approximate dates: 1200 B.C. to
A.D. 1773.
2. Face Plaques, Stelae, and Statues--Funerary images of faces and
votive statues; may be combined with stone or ceramic sculpture; may be
inscribed or painted. Approximate dates: 1200 B.C. to A.D. 1773.
G. Textiles
Linen cloth used for mummy wrapping. Approximate dates: 500 B.C. to
A.D. 500.
[[Page 73279]]
H. Leather, Parchment, and Paper
1. Books and Manuscripts--Either scrolls, sheets, or bound volumes;
including both secular texts and religious texts such as Qurans. Text
is often written on vellum or other parchment (cattle, sheep, goat, or
camel) and then gathered in leather bindings. Paper may also be used.
Types include books and manuscripts, often written in brown ink, and
then further embellished with colorful floral or geometric motifs;
covers may also be stamped, gilded, or inset with metal, glass, and
semi-precious stones. Approximate dates: A.D. 570 to 1773.
2. Items for Personal Adornment--Primarily in leather, including,
but not limited to, belts, sandals, shoes, armor, necklaces, bracelets,
and other types of jewelry.
I. Wood, Bone, Ivory, Shell, and Other Organics
1. Architectural and Non-architectural Relief Sculpture--Includes,
but not limited to, carved and inlaid wood panels, rooms, beams,
balconies, stages, panels, ceilings, and doors, frequently decorated
with religious, floral, or geometric motifs; may have script in Arabic.
Types include, but are not limited to, bone, ivory, and shell reliefs,
plaques, stelae, and inlays; may be carved or sculpted; commonly
include human or animal figures, floral, and/or geometric motifs.
Approximate dates: 1200 B.C. to A.D. 1773.
2. Statuary and Figurines--Primarily small-size figurines; forms
include, but are not limited to, human figures, which may be clothed or
not; animals such as camels, ibex, oxen, bulls, and lions; and
mythological creatures/figures. May be painted or inscribed/carved in
relief in South Arabian, Arabic, or other script. Approximate dates:
1200 B.C. to A.D. 1773.
3. Furniture--Primarily in wood; may include thrones, other chairs,
tables, and other forms. Approximate dates: 1200 B.C. to A.D. 1773.
4. Personal Ornaments and Objects of Daily Use--Types include, but
are not limited to, amulets, combs, pins, spoons, small containers,
bracelets, buckles, and beads. Wood, bone, ivory, and shell were also
used either alone or as inlays in luxury objects including, but not
limited to, furniture, chests and boxes, writing and painting
equipment, musical instruments, games, cosmetic containers, combs, and
jewelry. Approximate dates: 3500 B.C. to A.D. 1773.
5. Seals and Stamps--Small devices with at least one side engraved
with a design for stamping or sealing; they can be discoid, cuboid, or
conoid; may include animals, human figures, and/or inscriptions in
various languages. Approximate dates: 1200 B.C. to A.D. 1773.
6. Inscribed Documents--Palm-leaf stalks and wooden sticks
inscribed in South Arabian script. Approximate dates: 1200 B.C. to 570
A.D.
J. Human Remains
Bones, bone fragments, mummies, and mummified remains.
II. Ethnological Material
Restricted ethnological material from Yemen includes the categories
listed below, ranging in date from approximately A.D. 1517 to 1918, and
including architectural elements, manuscripts encompassing secular and
Islamic religious texts, and Islamic religious and ceremonial objects.
The categories of restricted material below exclude ethnological Jewish
ceremonial or ritual objects and manuscripts. The following list is
representative only.
A. Architectural Elements--This category includes architectural
elements and decoration from historic structures in all materials.
Primarily in stone (especially limestone, marble, and sandstone), metal
(especially copper, brass, lead, and alloys), ceramic or baked clay
(terracotta), glass, plaster or stucco, and wood; also includes inlays
in bone and ivory. Includes ceilings, rooms, walls, and blocks and
bricks from walls, floors, and ceilings; arches, beams, columns,
capitals, bases, lintels, jambs, friezes, parapets, crenellations,
merlons, pilasters, and tent posts; doors, door frames and fixtures,
and window frames, fixtures, fittings, and panes; altars, balconies,
chandeliers, finials, prayer niches (mihrabs), cenotaphs, sepulchers,
screens, stages, pulpits (minbars), panels, plaques, fountains, wall
ornaments, revetments, mosaics, tiles, inlays; and other forms. May be
plain, molded, carved, inlaid, gilded, plastered, and/or painted;
elements may bear Arabic inscriptions. Common decorative motifs include
geometric, floral, arabesque (intertwining), and religious motifs, and
may be incised or in high relief. Ceramic or terracotta tiles, plaques,
bricks, and other elements may be glazed and/or painted.
B. Manuscripts--Consisting of scrolls, sheets, bound volumes, or
boards, primarily written in Arabic and including both secular texts
and Islamic religious texts such as Qurans. Text is often written on
vellum, other parchment (cattle, sheep, goat, or camel), or paper, then
gathered in leather bindings. Texts may also be written on wooden
boards. Types include, but are not limited to, books, scrolls,
manuscripts, and Islamic study tablets or Quran boards. Includes
fragments. May be decorated with colorful religious, geometric, floral,
or arabesque (intertwining) motifs and/or paintings.
C. Religious and Ceremonial Objects--This category includes objects
typically used in Islamic communal religious and ceremonial settings in
all materials. Primarily in stone, metal, ceramic, clay, glass, wood,
bone, ivory, textiles, leather, and other organic materials.
1. Non-architectural Monuments--Primarily in stone (especially
alabaster, limestone, and marble) or metal (especially copper, bronze,
and brass). May take the form of carved slabs with religious, floral,
geometric, or arabesque (intertwining) motifs. Types include, but are
not limited to, plaques, stelae, memorial stones, tombstones, and
cenotaphs; may bear Arabic inscriptions.
2. Vessels and Containers--Includes vessels and containers used in
religious and ceremonial settings in stone (especially alabaster,
limestone, and softstone), metal (especially silver, copper, bronze,
brass, and other alloys), ceramic, glass, wood, bone, ivory, leather,
and other materials. Types include, but are not limited to, mosque
lamps; incense burners and braziers; candlesticks, candelabras, and
sconces from religious settings; basins, ewers, and other vessels used
for ablutions; reliquaries (and their contents); and scroll or
manuscript containers, such as boxes, pouches, chests, cases, or
caskets used to hold a Quran or other Islamic religious text. May be
plain or decorated with floral, geometric, religious, arabesque
(intertwining), or other motifs; may bear Arabic inscriptions.
3. Furniture--Primarily in wood and stone. Types include pulpits
(minbars), prayer niches (mihrabs), screens, Quran holders or stands,
lecterns, study tables, cabinets, and other furniture used in religious
and ceremonial settings. May be carved, incised, painted, gilded, and/
or inlaid with other materials; may be decorated with floral,
geometric, religious, arabesque (intertwining), or other motifs; may
bear Arabic inscriptions.
4. Textiles--Includes textiles used for religious and ceremonial
purposes, primarily in linen, silk, and wool. Types include, but are
not limited to, banners, hangings, and curtains used in religious and
ceremonial settings; shrine covers; and shrouds. Often woven or
embroidered in bright colors with floral, geometric, arabesque
(intertwining), or
[[Page 73280]]
religious designs, and/or Arabic inscriptions.
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).
Executive Orders 12866 and 13563
Executive Orders 12866 (Regulatory Planning and Review), as amended
by Executive Order 14094 (Modernizing Regulatory Review), and 13563
(Improving Regulation and Regulatory Review) direct agencies to assess
the costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying costs and
benefits, reducing costs, harmonizing rules, and promoting flexibility.
CBP has determined that this document is not a regulation or rule
subject to the provisions of Executive Orders 12866 and 13563 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 and, by extension, Executive Order
13563.
Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as amended
by the Small Business Regulatory Enforcement Fairness Act of 1996,
requires an agency to prepare and make available to the public a
regulatory flexibility analysis that describes the effect of a proposed
rule on small entities (i.e., small businesses, small organizations,
and small governmental jurisdictions) when the agency is required to
publish a general notice of proposed rulemaking for a rule. Since a
general notice of proposed rulemaking is not necessary for this rule,
CBP is not required to prepare a regulatory flexibility analysis for
this rule.
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 the
Secretary's delegate) to approve regulations related to customs revenue
functions.
Troy A. Miller, the Senior Official Performing the Duties of the
Commissioner, having reviewed and approved this document, has delegated
the authority to electronically sign this document to the Director (or
Acting Director, if applicable) 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.
Amendments 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, add an entry in alphabetical order for ``Yemen''
to the table in paragraph (a) and remove the entry for ``Yemen'' in the
table in paragraph (b).
The addition reads as follows:
Sec. 12.104g Specific items or categories designated by agreements or
emergency actions.
(a) * * *
------------------------------------------------------------------------
State party Cultural property Decision No.
------------------------------------------------------------------------
* * * * * * *
Yemen................. Archaeological CBP Dec. 24-15.
material of Yemen
ranging in date from
approximately
200,000 B.C. to A.D.
1773, and
ethnological
material of Yemen
ranging in date from
approximately A.D.
1517 through 1918.
------------------------------------------------------------------------
* * * * *
Robert F. Altneu,
Director, Regulations & Disclosure Law Division, Regulations & Rulings,
Office of Trade U.S. Customs and Border Protection.
Approved:
Aviva R. Aron-Dine,
Acting Assistant Secretary of the Treasury for Tax Policy.
[FR Doc. 2024-20388 Filed 9-9-24; 8:45 am]
BILLING CODE 9111-14-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>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.