[Federal Register: September 23, 1997 (Volume 62, Number 184)]
[Rules and Regulations]               
[Page 49594-49597]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23se97-4]

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DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 12

[T.D. 97-80]
RIN 1515-AC22

 
Import Restrictions Imposed on Archaeological Artifacts From Mali

AGENCY: U.S. Customs Service, Department of the Treasury.

ACTION: Final rule.

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SUMMARY: This document amends the Customs Regulations to reflect the 
imposition of import restrictions on culturally significant 
archaeological artifacts from the region of the Niger River Valley of 
Mali and the Bandiagara Escarpment (Cliff), Mali. These restrictions 
are being imposed pursuant to an agreement between the United States 
and Mali 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 also contains the Designated List of Archaeological 
Material that describes the articles to which the restrictions apply. 
These import restrictions imposed pursuant to the bilateral agreement 
between the United States and Mali continue the import restrictions 
that were imposed on an emergency basis in 1993. Accordingly, this 
document amends the Customs Regulations by removing Mali from the 
listing of countries for which emergency actions imposed the import 
restrictions and adding Mali to the list of countries for which an 
agreement has been entered into for imposing import restrictions.

EFFECTIVE DATE: September 23, 1997.

FOR FURTHER INFORMATION CONTACT: (Legal Aspects) Donnette Rimmer, 
Intellectual Property Rights Branch (202) 482-6960; (Operational 
Aspects) Joan E. Sebanaler, 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 not only to the 
nations whence they originate, but also to greater international 
understanding of mankind's common heritage. The U.S. is, to date, the 
only major art importing country to implement the 1970 Convention.
    During the past several years, import restrictions have been 
imposed on an emergency basis on archaeological and ethnological 
artifacts of a number of signatory nations 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.
    Mali has been one of the countries whose archaeological material 
has been afforded emergency protection. In T.D. 93-74, Sec. 12.104g(b), 
Customs Regulations, (19 CFR Sec. 12.104g(b)) was amended to reflect 
that archaeological material from the region of the Niger River Valley 
in Mali and the Bandiagara Escarpment (Cliff) in Mali forming part of 
the remains of the ancient sub-Sahara culture received import 
protection under the emergency protection provisions of the Act.
    Import restrictions are now being imposed on these same 
archaeological artifacts from Mali as the result of a

[[Page 49595]]

bilateral agreement entered into between the United States and Mali. 
This agreement was entered into on September 19, 1997, pursuant to the 
provisions of 19 U.S.C. 2602. Protection of the archaeological material 
from the region of the Niger River Valley in Mali and the Bandiagara 
Escarpment (Cliff) in Mali previously reflected in Sec. 12.104g(b) will 
be continued through the bilateral agreement without interruption. 
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 Mali and the emergency import 
restrictions on certain archaeological material from Mali is being 
removed from 12.104g(b) as those restrictions are now encompassed in 
Sec. 12.104g(a).

Material and Sites Encompassed in Import Restrictions

    In reaching the decision to recommend that negotiations for an 
agreement with Mali should be undertaken to continue the imposition of 
import restrictions on certain archaeological material from Mali, the 
Deputy Director of the United States Information Agency made a 
determination that the cultural patrimony of Mali continues to be in 
jeopardy from pillage of irreplaceable materials representing Mali 
heritage and that the pillage is endemic and substantially documented 
with respect to sites in the region of the Niger River Valley and the 
Bandiagara Escarpment (Cliff) of Mali. The Deputy Director listed the 
following archaeological material from the following sites as those 
that are in need of protection.

Material

    Archaeological material from sites in the region of the Niger River 
Valley and the Bandiagara Escarpment (Cliff), Mali, dating from 
approximately the Neolithic period to approximately the 18th century, 
identifiable by unique stylistic features, by medium, and where 
possible, by historic and cultural context. This archaeological 
material includes, but is not limited to: terra cotta statues depicting 
anthropomorphic and zoomorphic figures and terra cotta common vessels; 
copper and copper alloy materials, such as bronze, from which have been 
produced figurines and other objects such as pendants, finger bells, 
bells and bracelets; iron figures; and glass beads. Other 
archaeological material is identifiable as coming from the Tellem 
burial caves of the Bandiagara Escarpment (Cliff) and includes, but is 
not limited to: iron headrests; rings; bracelets; hairpins; 
fingerbells; bronze pendants; carved wood anthropomorphic and 
zoomorphic figures; carved wood headrests; wood bowls, spoons, hoes, 
axes, bows, arrows quivers, flutes, harps and drums; leather sandals, 
boots, knife-sheaths and plaited bracelets; ritual and utilitarian 
pottery, three/four-footed ceramic bowls; textiles of cotton and wool 
that are the remnants of tunics and coifs, blankets, skirts; organic 
fiber from which belts were made; glass beads; stone (carnelian) beads; 
and stone (quartz) lip plugs.

Sites

    Sites include, but are not limited to: Djenne and Guimbala of the 
Inland Niger Delta; Bougouni of the Upper Valley of the Niger River; 
and the Bandiagara Escarpment (Cliff); and are recognized to be of high 
cultural significance. These sites represent a continuum of 
civilizations from the Neolithic period to the colonial occupation of 
the 18th century, and lend an archaeological significance to the 
region.

Designated List

    The bilateral agreement between Mali and the United States covers 
the material set forth in a Designated List of Archaeological Material 
from the Region of the Niger River Valley, Mali and the Bandiagara 
Escarpment (Cliff), Mali, which is set forth below. Importation of 
articles on this list is restricted unless the articles are accompanied 
by documentation certifying that the material left Mali legally and not 
in violation of the export laws of Mali.

Archaeological Material From the Region of the Niger River Valley, Mali 
and the Bandiagara Escarpment (Cliff), Mali

    The following categories of material are restricted from 
importation into the U.S. unless accompanied by a verifiable export 
certificate issued by the Government of Mali--archaeological material 
from the Region of the Niger River Valley, Mali and the Bandiagara 
Escarpment (Cliff), Mali, that includes, but is not limited to, the 
categories listed below. As this region is further excavated, other 
types of material may be found and added to an amended list. The 
following list is representative only. Any dimensions are approximate.

I. Ceramics/Terra Cotta/Fired Clay

    Types of ceramic forms (stylistically known as Djenne-jeno or 
Jenne, Bankoni, Guimbala, Bambara, Bougouni and other stylistic labels) 
that are known to come from the region include, but are not limited to:

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. (H: 6-30 in.)
    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: 6-30 in.)
B. Common Vessels.
    1. Funerary jars, ocher in color, often stamped with chevrons. (H: 
50 to 80 cm.)
    2. Globular vases often stamped with chevrons and serpentine forms. 
(H: under 10 in.)
    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. Pot made on a convex mold built up by coiling.
    b. Hemispherical pot made on three or four legs or feet resting on 
a stand. (H: 18 cm.)
    5. Kitchen pottery of the Tellem culture with the paddle-and-anvil 
technique decorated with impressions from woven mats. (H: 20 cm.)

II. Leather

    Objects of leather found in Tellem funerary caves of the Bandiagara 
Escarpment include, but are not limited to:

A. Clothing.
    1. Sandals often decorated and furnished with a leather ankle 
protection.
    2. Boots profusely painted with geometric designs.
    3. Plaited bracelets.
    4. Knife-sheaths.
    5. Loinskin.
    6. Bag.

III. Metal

    Objects of metal from the region of the Niger River Valley and the 
Bandiagara Escarpment include the following components:

A. Copper and Copper Alloy (Such as Bronze).
    1. Figures/Statues.
    a. Anthropomorphic figures,

[[Page 49596]]

including equestrian figures and kneeling figures. (Some are miniatures 
no taller than 2 inches; others range from 6 to 30 inches).
    b. Zoomorphic figures, such as the bull and the snake.
    2. Bells (4-5 in.) and finger bells (2-3 in.).
    3. Pendants, known to depict a bull's head or a snake. (H: 2-4 in.)
    4. Bracelets, known to depict a snake (5-6 in.).
    5. Bracelets, known to be shaped as a head and antelope (3-4 in.).
B. Iron.
    1. Figures/Statues.
    a. Anthropomorphic figures. (H: 5-30 in.)
    b. Zoomorphic figures, sometimes representing a serpent. (H: 5-30 
in.)
    2. Headrests of the Tellem culture.
    3. Ring-bells or fingerbells of the Tellem culture.
    4. Bracelets and armlets of the Tellem culture.
    5. Hairpins, twisted and voluted, of the Tellem culture.

IV. Stone

    Objects of stone usually found in Tellem funerary caves of the 
Bandiagara Escarpment include, but are not limited to:

A. Carnelian beads (faceted).
B. Quartz lip plugs.

V. Glass Beads

    Glass beads have been recovered in the Tellem funerary caves and in 
archaeological sites in the region of the Niger River Valley.

VI. Textiles

    Textile objects, or fragments thereof, have been recovered in the 
Tellem funerary caves of the Bandiagara Escarpment and include, but are 
not limited to:

A. Cotton.
    1. Tunics.
    2. Coifs.
    3. Blankets.
B. Vegetable Fiber.
    Skirts, aprons and belts--made of twisted and intricately plaited 
vegetable fiber.
C. Wool.
    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).
Archaeological Material of Wood
    Following are representative examples of wood objects usually found 
archaeologically:

A. Figures/Statues.
    1. Anthropomorphic figures--usually with abstract body and arms 
raised standing on a platform, sometimes kneeling. (H: 10-24 in.)
    2. Zoomorphic figures--depicting horses and other animals. (H: 10-
24 in.)
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.

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 Malian 
cultural property is being made in response to a bilateral agreement 
entered into in furtherance of the foreign affairs interests of the 
United States, pursuant to section 553(a)(1) of 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.

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 Keith B. Rudich, Esq., 
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 citation for part 
12, in part, continue to read as follows:

    Authority: 5 U.S.C. 301, 19 U.S.C. 66, 1202 (General Note 20, 
Harmonized Tariff Schedule of the United States (HTSUS)), 1624;
* * * * *
    Sections 12.104 through 12.104i also issued under 19 U.S.C. 2612;
* * * * *
    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 Mali in appropriate alphabetical order as 
follows:

Sec. 12.104g  [Amended]

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             State                Cultural property         T.D. No.    
------------------------------------------------------------------------
                                                                        
*                  *                  *                  *              
                  *                  *                  *               
Mali..........................  Archaeological         T.D. 97-80       
                                 material from the                      
                                 Niger River Valley                     
                                 Region, Mali, and                      
                                 the Bandiagara                         
                                 Escarpment (Cliff)                     
                                 forming part of the                    
                                 remains of the sub-                    
                                 Sahara culture..                       
                                                                        
*                  *                  *                  *              
                  *                  *                  *               
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[[Page 49597]]

    3. In Sec. 12.104(g), paragraph (b), the list of emergency actions 
imposing import restrictions on described articles of cultural property 
of State parties is amended by removing the entry for ``Mali'' in its 
entirety.
Samuel H. Banks,
Acting Commissioner of Customs.
    Dated: September 12, 1997.

John P. Simpson,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 97-25342 Filed 9-19-97; 2:01 pm]
BILLING CODE 4820-02-P