[Federal Register Volume 71, Number 169 (Thursday, August 31, 2006)]
[Rules and Regulations]
[Pages 51724-51726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-7266]


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DEPARTMENT OF HOMELAND SECURITY

Bureau of Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Part 12

[CBP Dec. 06-22]
RIN 1505-AB72


Import Restrictions on Byzantine Ecclesiastical and Ritual 
Ethnological Material From Cyprus

AGENCY: Customs and Border Protection, Department of Homeland Security; 
Treasury.

ACTION: Final rule.

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SUMMARY: This document amends the Bureau of Customs and Border 
Protection (CBP) regulations by reflecting that the bilateral agreement 
between Cyprus and the U.S. to impose certain import restrictions on 
archaeological material from Cyprus has been amended to include import 
restrictions which had been previously imposed on an emergency basis 
for certain Byzantine period ecclesiastical and ritual ethnological 
material.

DATES: Effective Date: These regulations are effective on September 4, 
2006.

FOR FURTHER INFORMATION CONTACT: For legal aspects, George F. McCray, 
Esq., Chief, Intellectual Property Rights and Restricted Merchandise 
Branch, (202) 572-8710. For operational aspects, Michael Craig, Chief, 
Other Government Agencies Branch, (202) 344-1684.

SUPPLEMENTARY INFORMATION:

Background

    Since the passage of the Cultural Property Implementation Act (19 
U.S.C. 2601 et seq.), import restrictions have been imposed on 
archaeological and ethnological artifacts of a number of signatory 
nations. These restrictions have been imposed either as a result of 
requests for emergency protection received from those nations or 
pursuant to bilateral agreements between the U.S. and other countries.
    Pursuant to Article 9 of the 1970 Convention on the Means of 
Prohibiting and Preventing the Illicit Import, Export and Transfer of 
Ownership of Cultural Property, and Sec. 303(a)(3) of the Convention on 
Cultural Property Implementation Act (19 U.S.C. 2602(a)(3)), a State 
Party to the 1970 UNESCO Convention, may request that the U.S. 
Government impose import restrictions on certain categories of 
archaeological and/or ethnological material the pillage of which, if 
alleged, jeopardizes the national cultural patrimony.

Import Restrictions Imposed on an Emergency Basis

    On March 4, 1999, and in response to the determination that an 
emergency condition applies with respect to certain Byzantine 
ecclesiastical and ritual ethnological material from Cyprus, the U.S. 
Government made the determination that emergency import restrictions be 
imposed. Accordingly, on April 12, 1999, the former United States 
Customs Service published Treasury Decision (T.D.) 99-35 in the Federal 
Register (64 FR 17529), which amended 19 CFR 12.104g(b) to indicate the 
imposition of these emergency import restrictions. In that Treasury 
Decision, a list designating the types of ethnological materials 
covered by these restrictions for a five-year period, is set forth.
    These emergency import restrictions were later extended by CBP Dec. 
03-25 for an additional three-year period. (See 68 FR 51903, August 29, 
2003). These emergency import restrictions are scheduled to expire on 
September 4, 2006.

Import Restrictions Imposed Pursuant to Bilateral Agreement

    Pursuant to the provisions of the 1970 United Nations Educational, 
Scientific and Cultural Organization (UNESCO) Convention, 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 United States entered 
into a bilateral agreement with Cyprus on July 16, 2002, concerning the 
imposition of import restrictions on archeological material originating 
in Cyprus and representing the pre-Classical and Classical periods. On 
July 19, 2002, the former United States Customs Service published T.D. 
02-37 in the Federal Register (67 FR 47447), which amended 19 CFR 
12.104g(a) to indicate the imposition of these restrictions and 
included a list designating the types of archaeological material 
covered by the restrictions. The articles that were subject to 
emergency restrictions in 1999 were not included in the original list 
designated pursuant to the bilateral agreement.

Amended Bilateral Agreement

    Since the emergency import restrictions on the Byzantine materials 
is due to expire on September 4, 2006, the Republic of Cyprus 
requested, through diplomatic channels, that the Byzantine materials 
that have been protected by the emergency action continue to be 
protected in the future by amending the existing bilateral agreement.
    After reviewing the findings and recommendations of the Cultural 
Property Advisory Committee, the Assistant Secretary for Educational 
and Cultural Affairs, United States Department of State, concluded that 
the cultural heritage of Cyprus continues to be in jeopardy from the 
pillage of certain Byzantine ecclesiastical and ritual ethnological 
materials ranging in date from approximately the 4th century A.D. 
through approximately the 15th century A.D. from Cyprus.
    On August 11, 2006, the Republic of Cyprus and the U.S. Government 
amended the bilateral agreement of July 16, 2002, pursuant to the 
provisions of 19 U.S.C. 2602 and Article 4(b) of the agreement, by 
including the list of Byzantine ecclesiastical and ritual ethnological 
material that were protected pursuant to the emergency

[[Page 51725]]

action in the list of articles protected in the bilateral agreement. 
Please note that this amended bilateral agreement will expire on July 
19, 2007, unless extended by the State Parties.

Regulatory Action

    Accordingly, CBP is amending 19 CFR 12.104g(b) to remove the above-
referenced Byzantine materials from Cyprus from the list of import 
restrictions imposed by emergency action, and to reference these 
materials under the listing of cultural property (Sec.  12.104g(a)) 
protected pursuant to bilateral agreement.

Lists of Protected Designated Articles

    The Designated List of articles that are otherwise protected 
pursuant to the bilateral agreement on archeological material 
originating in Cyprus and representing the pre-Classical and Classical 
periods ranging approximately from the 8th millennium B.C. to 330 A.D. 
is found in T.D. 02-37.
    The Designated List of Byzantine Ecclesiastical and Ritual 
Ethnological Material from Cyprus which is now encompassed within the 
bilateral agreement is set forth below.

List of Ecclesiastical and Ritual Ethnological Material From Cyprus 
Representing the Byzantine Period

    Ecclesiastical and ritual ethnological material from Cyprus 
representing the Byzantine period dating from approximately the 4th 
century A.D. through the 15th century A.D., includes the categories 
listed below. The following list is representative only.
I. Metal
A. Bronze
    Ceremonial objects include crosses, censers (incense burners), 
rings, and buckles for ecclesiastical garments. The objects may be 
decorated with engraved or modeled designs or Greek inscriptions. 
Crosses, rings and buckles are often set with semi-precious stones.
B. Lead
    Lead objects date to the Byzantine period and include ampulla 
(small bottle-shaped forms) used in religious observance.
C. Silver and Gold
    Ceremonial vessels and objects used in ritual and as components of 
church treasure. Ceremonial objects include censers (incense burners), 
book covers, liturgical crosses, archbishop's crowns, buckles, and 
chests. These are often decorated with molded or incised geometric 
motifs or scenes from the Bible, and encrusted with semi-precious or 
precious stones. The gems themselves may be engraved with religious 
figures or inscriptions. Church treasure may include all of the above, 
as well as rings, earrings, and necklaces (some decorated with 
ecclesiastical themes) and other implements (e.g., spoons).
II. Wood
    Artifacts made of wood are primarily those intended for ritual or 
ecclesiastical use during the Byzantine period. These include painted 
icons, painted wood screens (iconstasis), carved doors, crosses, 
painted wooded beams from churches or monasteries, thrones, chests and 
musical instruments. Religious figures (Christ, the Apostles, the 
Virgin, and others) predominate in the painted and carved figural 
decoration. Ecclesiastical furniture and architectural elements may 
also be decorated with geometric or floral designs.
III. Ivory and Bone
    Ecclesiastical and ritual objects of ivory and bone boxes, plaques, 
pendants, candelabra, stamp rings, crosses. Carved and engraved 
decoration includes religious figures, scenes from the Bible, and 
floral and geometric designs.
IV. Glass
    Ecclesiastical objects such as lamps and ritual vessels.
V. Textiles--Ritual Garments
    Ecclesiastical garments and other ritual textiles from the 
Byzantine period. Robes, vestments and altar clothes are often of a 
fine fabric and richly embroidered in silver and gold. Embroidered 
designs include religious motifs and floral and geometric designs.
VI. Stone
A. Wall Mosaics
    Dating to the Byzantine period, wall mosaics are found in 
ecclesiastical buildings. These generally portray images of Christ, 
Archangels, and the Apostles in scenes of Biblical events. Surrounding 
panels may contain animal, floral, or geometric designs.
B. Floor Mosaics
    Floor mosaics from ecclesiastical contexts. Examples include the 
mosaics at Nea Paphos, Kourion, Kouklia, Chrysopolitissa Basilica 
andCampanopetra Basilica. Floor mosaics may have animal, floral, 
geometric designs, or inscriptions.
VII. Frescoes/Wall Paintings
    Wall paintings from the Byzantine period religious structures 
(churches, monasteries, chapels, etc.) Like the mosaics, wall paintings 
generally portray images of Christ, Archangels, and the Apostles in 
scenes of Biblical events. Surrounding paintings may contain animal, 
floral, or geometric designs.
    More information on import restrictions can be obtained from the 
International Cultural Property Protection Web site (http://exchanges.state.gov/culprop).

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 
(5 U.S.C. 553(a)(1)). In addition, CBP has determined that such notice 
or public procedure would be impracticable and contrary to the public 
interest because the action being taken is essential to avoid 
interruption of the application of the existing import restrictions (5 
U.S.C. 553(b)(B)). For the same reasons, pursuant to 5 U.S.C. 
553(d)(3), 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.

Executive Order 12866

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

Signing Authority

    This regulation is being issued in accordance with 19 CFR 
0.1(a)(1).

List of Subjects in 19 CFR Part 12

    Cultural property, Customs duties and inspection, Imports, 
Prohibited merchandise.

Amendment to CBP Regulations

0
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;
* * * * *

[[Page 51726]]

    Sections 12.104 through 12.104i also issued under 19 U.S.C. 
2612;
* * * * *


0
2. In Sec.  12.104g, paragraph (a), the entry for Cyprus in the table 
of list of agreements imposing import restrictions on described 
articles of cultural property of State Parties is revised to read as 
follows:


Sec.  12.104g  Specific items or categories designated by agreements or 
emergency actions.

    (a) * * *

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          State party              Cultural property      Decision No.
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                              * * * * * * *
Cyprus........................  Archaeological          T.D. 02-37, as
                                 Material of pre-        amended by CBP
                                 Classical and           Dec. 06-22.
                                 Classical periods
                                 ranging approximately
                                 from the 8th
                                 millennium B.C. to
                                 330 A.D. and
                                 ecclesiastical and
                                 ritual ethnological
                                 material representing
                                 the Byzantine period
                                 ranging from
                                 approximately the 4th
                                 century A.D. through
                                 approximately the
                                 15th century A.D.
 
                              * * * * * * *
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* * * * *

0
3. In Sec.  12.104g, paragraph (b), the table of the list of agreements 
imposing emergency import restrictions on described articles of 
cultural property of State Parties is amended by removing the entry for 
Cyprus, but by retaining the table headings.

    Approved: August 25, 2006.
Deborah J. Spero,
Acting Commissioner, Bureau of Customs and Border Protection.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 06-7266 Filed 8-30-06; 8:45 am]
BILLING CODE 9111-14-P