[Federal Register: July 19, 2002 (Volume 67, Number 139)]
[Rules and Regulations]
[Page 47447-47450]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19jy02-3]

[[Page 47447]]

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DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 12

[T.D. 02-37]
RIN 1515--AC86

Import Restrictions Imposed on Pre-Classical and Classical
Archaeological Material Originating in Cyprus

AGENCY: Customs Service, Treasury.

ACTION: Final rule.

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SUMMARY: This document amends the Customs Regulations to reflect the
imposition of import restrictions on certain archaeological material
originating in Cyprus and representing the pre-Classical and Classical
periods of its cultural heritage, ranging in date from approximately
the 8th millennium B.C. to approximately 330 A.D. These restrictions
are being imposed pursuant to an agreement between the United States
and the Republic of Cyprus that has been entered into under the
authority of the Convention on Cultural Property Implementation Act in
accordance with the United Nations Educational, Scientific and Cultural
Organization (UNESCO) Convention on the Means of Prohibiting and
Preventing the Illicit Import, Export and Transfer of Ownership of
Cultural Property. The document amends the Customs Regulations by
adding Cyprus to the list of countries for which an agreement has been
entered into for imposing import restrictions. The document also
contains the Designated List of Archaeological Material that describes
the types of articles to which the restrictions apply.

EFFECTIVE DATE: July 19, 2002.

FOR FURTHER INFORMATION CONTACT: (Legal Aspects) Joseph Howard,
Intellectual Property Rights Branch (202) 572-8701; (Operational
Aspects) Al Morawski, Trade Operations (202) 927-0402.

SUPPLEMENTARY INFORMATION:

Background

    The value of cultural property, whether archaeological or
ethnological in nature, is immeasurable. Such items often constitute
the very essence of a society and convey important information
concerning a people's origin, history, and traditional setting. The
importance and popularity of such items regrettably makes them targets
of theft, encourages clandestine looting of archaeological sites, and
results in their illegal export and import.
    The U.S. shares in the international concern for the need to
protect endangered cultural property. The appearance in the U.S. of
stolen or illegally exported artifacts from other countries where there
has been pillage has, on occasion, strained our foreign and cultural
relations. This situation, combined with the concerns of museum,
archaeological, and scholarly communities, was recognized by the
President and Congress. It became apparent that it was in the national
interest for the U.S. to join with other countries to control illegal
trafficking of such articles in international commerce.
    The U.S. joined international efforts and actively participated in
deliberations resulting in the 1970 UNESCO Convention on the Means of
Prohibiting and Preventing the Illicit Import, Export and Transfer of
Ownership of Cultural Property (823 U.N.T.S. 231 (1972)). U.S.
acceptance of the 1970 UNESCO Convention was codified into U.S. law as
the ``Convention on Cultural Property Implementation Act'' (Pub. L. 97-
446, 19 U.S.C. 2601 et seq.) (``the Act'').
    This was done to promote U.S. leadership in achieving greater
international cooperation towards preserving cultural treasures that
are of importance to the nations from where they originate and to
achieving greater international understanding of mankind's common
heritage.
    During the past several years, import restrictions have been
imposed on archaeological and ethnological artifacts of a number of
signatory nations. These restrictions have been imposed as a result of
requests for protection received from those nations as well as pursuant
to bilateral agreements between the United States and other countries.
More information on import restrictions can be found on the
International Cultural Property Protection web site (http://
culturalheritage.state.gov).
    Import restrictions are now being imposed on certain archaeological
material of Cyprus representing the pre-Classical and Classical periods
of its cultural heritage as the result of a bilateral agreement entered
into between the United States and the Republic of Cyprus. This
agreement was entered into on July 16, 2002, pursuant to the provisions
of 19 U.S.C. 2602. Accordingly, Sec. 12.104g(a) of the Customs
Regulations is being amended to indicate that restrictions have been
imposed pursuant to the agreement between the United States and Cyprus.
This document amends the regulations by imposing import restrictions on
certain archaeological material from Cyprus as described below.
    It is noted that emergency import restrictions on Byzantine
Ecclesiastical and Ritual Ethnological Material from Cyprus were
previously imposed and are still in effect. (See T.D. 99-35, published
in the Federal Register (64 FR 17529) on April 12, 1999.) These
emergency import restrictions are separate and independent from the
restrictions published in this document.

Material Encompassed in Import Restrictions

    In reaching the decision to recommend protection for the cultural
patrimony of Cyprus, the Associate Director for Educational and
Cultural Affairs of the former United States Information Agency
determined that, pursuant to the requirements of the Act, the cultural
patrimony of Cyprus is in jeopardy from the pillage of archaeological
materials which represent its pre-Classical and Classical heritage.
Dating from approximately the 8th millennium B.C. to approximately 330
A.D., categories of restricted artifacts include ceramic vessels,
sculpture, and inscriptions; stone vessels, sculpture, architectural
elements, seals, amulets, inscriptions, stelae, and mosaics; metal
vessels, stands sculpture, and personal objects. These materials are of
cultural significance because Cypriot culture is among the oldest in
the Mediterranean. While Cypriot culture derives from interactions with
neighboring societies, it is uniquely Cypriotic in character and
represents the history and development of the island about which
important information continues to be found through in situ
archaeological research.
    The restrictions imposed in this document apply to objects from
throughout the island of Cyprus.

Designated List

    The bilateral agreement between Cyprus and the United States covers
the categories of artifacts described in a Designated List of
Archaeological Material from Cyprus, which is set forth below.
Importation of articles on this list is restricted unless the articles
are accompanied by an appropriate export certificate issued by the
Government of the Republic of Cyprus or documentation demonstrating
that the articles left the country of origin prior to the effective
date of the import restriction.

[[Page 47448]]

Archaeological Material From Cyprus Representing Pre-Classical and
Classical Periods Ranging in Date From Approximately the 8th Millennium
B.C. to Approximately 330 A.D.

I. Ceramic

A. Vessels
    1. Neolithic and Chalcolithic (c. 7500-2300 B.C.)--Bowls and jars,
including spouted vessels. Varieties include Combed ware, Black
Lustrous ware, Red Lustrous ware, and Red-on-White painted ware.
Approximately 10-24 cm in height.
    2. Early Bronze Age (c. 2300-1850 B.C.)--Forms are hand-made and
include bowls, jugs, juglets, jars, and specialized forms, such as
askoi, pyxides, gourd-shape, multiple-body vessels, and vessels with
figurines attached. Cut-away spouts, multiple spouts, basket handles,
and round bases commonly occur. Incised, punctured, molded, and applied
ornament, as well as polishing and slip, are included in the range of
decorative techniques. Approximately 13-60 cm in height.
    3. Middle Bronze Age (c. 1850-1550 B.C.)--Forms are hand-made and
include bowls, jugs, juglets, jars, zoomorphic askoi, bottles,
amphorae, and amphoriskoi. Some have multiple spouts and basket or
ribbon handles. Decorative techniques include red and brown paint,
incised or applied decoration, and polishing. Varieties include Red
Polished ware, White Painted ware, Black Slip ware, Red Slip ware, and
Red-on-Black ware. Approximately 4-25 cm in height.
    4. Late Bronze Age (c. 1550-1050 B.C.)--Forms include bowls, jars,
jugs and juglets, tankards, rhyta, bottles, kraters, alabastra, stemmed
cups, cups, stirrup jars, amphorae, and amphoriskoi. A wide variety of
spouts, handles, and bases are common. Zoomorphic vessels also occur.
Decorative techniques include painted design in red or brown,
polishing, and punctured or incised decoration. Varieties include White
Slip, Base Ring ware, White Shaved ware, Red Lustrous ware, Bichrome
Wheel-made ware, and Proto-White Painted ware. Some examples of local
or imported Mycenaean Late Helladic III have also been found.
Approximately 5-50 cm in height.
    5. Cypro-Geometric I-III (c. 1050-750 B.C.)--Forms include bowls,
jugs, juglets, jars, cups, skyphoi, amphorae, amphoriskos, and tripods.
A variety of spouts, handles and base forms are used. Decorative
techniques include paint in dark brown and red, ribbing, polish, and
applied projections. Varieties include White Painted I-II wares, Black
Slip I-II wares, Bichrome II-III wares, and Black-on-Red ware.
Approximately 7-30 cm in height.
    6. Cypro-Archaic I-II (c. 750-475 B.C.)--Forms include bowls,
plates, jugs and juglets, cups, kraters, amphoriskoi, oinochoe, and
amphorae. Many of the forms are painted with bands, lines, concentric
circles, and other geometric and floral patterns. Animal designs occur
in the Free Field style. Molded decoration in the form of female
figurines may also be applied. Red and dark brown paint is used on
Bichrome ware. Black paint on a red polished surface is common on
Black-on-Red ware. Other varieties include Bichrome Red, Polychrome
Red, and Plain White. Approximately 12-45 cm in height.
    7. Cypro-Classical I-II (c. 475-325 B.C.)--Forms include bowls,
shallow dishes, jugs and juglets, oinochoai, and amphorae. The use of
painted decoration in red and brown, as well as blue/green and black
continues. Some vessels have molded female figurines applied.
Decorative designs include floral and geometric patterns. Burnishing
also occurs. Varieties include Polychrome Red, Black-on-Red, Polychrome
Red, Stroke Burnished, and White Painted wares. Approximately 6-40 cm
in height.
    8. Hellenistic (c. 325 B.C.-50 B.C.)--Forms include bowls, dishes,
cups, unguentaria, jugs and juglets, pyxides, and amphorae. Most of the
ceramic vessels of the period are undecorated. Those that are decorated
use red, brown, or white paint in simple geometric patterns. Ribbing is
also a common decorative technique. Some floral patterns are also used.
Varieties include Glazed Painted ware and Glazed ware. Imports include
Megarian bowls. Approximately 5-25 cm in height.
    9. Roman (c. 50 B.C.-330 A.D.)--Forms include bowls, dishes, cups,
jugs and juglets, unguentaria, amphora, and cooking pots. Decorative
techniques include incision, embossing, molded decoration, grooved
decoration, and paint. Varieties include Terra Sigillata and Glazed and
Green Glazed wares. Approximately 5-55 cm in height.
B. Sculpture
    1. Terracotta Figurines (small statuettes)
    (a) Neolithic to Late Bronze Age (c. 7500-1050 B.C.)--Figurines are
small, hand-made, and schematic in form. Most represent female figures,
often standing and sometimes seated and giving birth or cradling an
infant. Features and attributes are marked with incisions or paint.
Figurines occur in Red-on-White ware, Red Polished ware, Red-Drab
Polished ware, and Base Ring ware. Approximately 10-25 cm in height.
    (b) Cypro-Geometric to Cypro-Archaic (c. 1050-475 B.C.)--Figurines
show a greater diversity of form than earlier figurines. Female
figurines are still common, but forms also include male horse-and-rider
figurines; warrior figures; animals such as birds, bulls and pigs;
tubular figurines; boat models; and human masks. In the Cypro-Archaic
period, terra cotta models illustrate a variety of daily activities,
including the process of making pottery and grinding grain. Other
examples include musicians and men in chariots. Approximately 7-19 cm
in height.
    (c) Cypro-Classical to Roman (c. 475 B.C.-330 A.D.)--Figurines
mirror the classical tradition of Greece and Roman. Types include
draped women, nude youths, and winged figures. Approximately 9-20 cm in
height.
    2. Large Scale Terracotta Figurines--Dating to the Cypro-Archaic
period (c. 750-475 B.C.), full figures about half life-size, are
commonly found in sanctuaries. Illustrated examples include the head of
a woman decorated with rosettes and a bearded male with spiral-
decorated helmet. Approximately 50-150 cm in height.
    3. Funerary Statuettes--Dating to the Cypro-Classical period (c.
475-325 B.C.), these illustrate both male and female figures draped,
often seated, as expressions of mourning. Approximately 25-50 cm in
height.
C. Inscriptions
    Writing on clay is restricted to the Late Bronze Age (c. 1550-1050
B.C.). These occur on clay tablets, weights, and clay balls.
Approximately 2-7 cm in height.

II. Stone

A. Vessels
    Ground stone vessels occur from the Neolithic to the Hellenistic
period (c. 7500-50 B.C.). Early vessels are from local hard stone. Most
are bowl-shaped; some are trough-shaped with spouts and handles.
Neolithic vessels often have incised or perforated decoration. Late
Bronze Age vessels include amphoriskoi and kraters with handles.
Sometimes these have incised decoration. Alabaster was also used for
stone vessels in the Late Bronze Age and Hellenistic period. In the
latter period, stone vessels are produced in the same shapes as ceramic
vessels: amphorae, unguentaria, etc. Approximately 10-30 cm in height.
B. Sculpture
    1. Neolithic to Chalcolithic (c. 7500-2300 B.C.)--Forms include
small scale

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human heads, fiddle-shaped human figures, steatopygous female figures,
cruciform idols with incised decoration, and animal figures. Andesite
and limestone are commonly used in these periods. Approximately 5-30 cm
in height.
    2. Cypro-Classical (c. 475-325 B.C.)--Small scale to life-size
human figures, whole and fragments, in limestone and marble, are
similar to the Classical tradition in local styles. Examples include
the limestone head of a youth in Neo-Cypriote style, votive female
figures in Proto-Cypriot style, a kouros in Archaic Greek style,
statues and statuettes representing Classical gods such as Zeus and
Aphrodite, as well as portrait heads of the Greek and Roman periods.
Approximately 10-200 cm in height.
C. Architectural Elements
    Sculpted stone building elements occur from the 5th century B.C.
through the 3rd century A.D. These include columns and column capitals,
relief decoration, chancel panels, window frames, revetments, offering
tables, coats of arms, and gargoyles.
D. Seals
    Dating from the Neolithic (7500 B.C.) through 3rd century A.D.,
conical seals, scarabs, cylinder seals, and bread stamps are incised
with geometric decoration, pictoral scenes, and inscriptions.
Approximately 2-12 cm in height.
E. Amulets and Pendants
    Dating to the Chalcolithic period, these pendants are made of
picrolite and are oval or rectangular in form. Approximately 4-5 cm in
length.
F. Inscriptions
    Inscribed stone materials date from the 6th century B.C. through
the 3rd century A.D. During the Cypro-Classical period, funerary
stelae, and votive plaques were inscribed. From the 1st to the 3rd
century A.D. funerary plaques, mosaic floors, and building plaques were
inscribed.
G. Funerary Stelae (uninscribed)
    Funerary stelae date from the 6th century B.C. to the end of the
Hellenistic period (c. 50 B.C.). Marble and other stone sculptural
monuments have relief decoration of animals or human figures seated or
standing. Stone coffins also have relief decoration. Approximately 50-
155 cm in height.
H. Floor Mosaics
    Floor mosaics date as early as the 4th century B.C. in domestic and
public contexts and continue to be produced through the 3rd century
A.D. Examples include the mosaics at Nea Paphos, Kourion, and Kouklia.

III. Metal

A. Copper/Bronze
    1. Vessels--Dating from the Bronze Age (c. 2300 B.C.) through the
3rd century A.D., bronze vessel forms include bowls, cups, amphorae,
jugs, juglets, pyxides, dippers, lamp stands, dishes, and plates.
Approximately 4-30 cm in height.
    2. Bronze Stands--Dating from the Late Bronze Age (c. 1550 B.C.)
through the end of the Classical period (c. 325 B.C.), are bronze
stands with animal decoration.
    3. Sculpture--Dating from the Late Bronze Age (c. 1550) to the end
of the Hellenistic period (c. 50 B.C.), small figural sculpture
includes human forms with attached attributes such as spears or
goblets, animal figures, animal- and vessel-shaped weights, and
Classical representations of gods and mythological figures.
Approximately 5-25 cm in height.
    4. Personal Objects--Dating from the Early Bronze Age (c. 2300
B.C.) to the end of the Roman period (330 A.D.), forms include toggle
pins, straight pins, fibulae, and mirrors.
B. Silver
    1. Vessels--Dating from the Bronze Age (c. 2300 B.C.) through the
end of the Roman period (330 A.D.), forms include bowls, dishes, coffee
services, and ceremonial objects such as incense burners. These are
often decorated with molded or incised geometric motifs or figural
scenes.
    2. Jewelry--Dating from the Cypro-Geometric period (c. 1050 B.C.)
through the end of the Roman period (330 A.D.), forms include fibulae,
rings, bracelets, and spoons.
C. Gold Jewelry
    Gold jewelry has been found on Cyprus from the Early Bronze Age (c.
2300 B.C.) through the end of the Roman period (330 A.D.). Items
include hair ornaments, bands, frontlets, pectorals, earrings,
necklaces, rings, pendants, plaques, beads, and bracelets.

Inapplicability of Notice and Delayed Effective Date

    Because the amendment to the Customs Regulations contained in this
document imposing import restrictions on the above-listed cultural
property of Cyprus is being made in response to a bilateral agreement
entered into in furtherance of the foreign affairs interests of the
United States, pursuant to the Administrative Procedure Act, (5 U.S.C.
553(a)(1)), no notice of proposed rulemaking or public procedure is
necessary. For the same reason, a delayed effective date is not
required pursuant to 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. Accordingly, this final rule is not subject to the
regulatory analysis or other requirements of 5 U.S.C. 603 and 604.

Executive Order 12866

    This amendment does not meet the criteria of a ``significant
regulatory action'' as described in E.O. 12866.

Drafting Information

    The principal author of this document was Bill Conrad, Regulations
Branch, Office of Regulations and Rulings, U.S. Customs Service.
However, personnel from other offices participated in its development.

List of Subjects in 19 CFR Part 12

    Customs duties and inspections, Imports, Cultural property.

Amendment to the Regulations

    Accordingly, Part 12 of the Customs Regulations (19 CFR Part 12) is
amended as set forth below:

PART 12--[AMENDED]

    1. The general authority and specific authority citations for Part
12, in part, continue to read as follows:

    Authority: 5 U.S.C. 301, 19 U.S.C. 66, 1202 (General Note 22,
Harmonized Tariff Schedule of the United States (HTSUS)), 1624;
* * * * *
    Sections 12.104 through 12.104i also issued under 19 U.S.C. 2612;
* * * * *

Sec. 12.104g  [Amended]

    2. In Sec. 12.104g, paragraph (a), the list of agreements imposing
import restrictions on described articles of cultural property of State
Parties, is amended by adding Cyprus in appropriate alphabetical order
as follows:

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             State                  Cultural property        T.D. No.
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*                  *                  *                  *
                  *                  *                  *
Cyprus.........................  Archaeological Material      T.D. 02-37
                                  of pre-Classical and
                                  Classical periods
                                  ranging approximately
                                  from the 8th
                                  millennium B.C. to 330
                                  A.D..

*                  *                  *                  *
                  *                  *                  *
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* * * * *

    Dated: July 16, 2002.
Robert C. Bonner,
Commissioner of Customs.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 02-18342 Filed 7-17-02; 10:29 am]
BILLING CODE 4820-02-P