Import Restrictions Imposed on Archaeological and Ethnological Material From Ecuador
| Published date | 14 February 2020 |
| Citation | 85 FR 8389 |
| Record Number | 2020-03118 |
| Section | Rules and Regulations |
| Court | U.s. Customs And Border Protection |
Federal Register, Volume 85 Issue 31 (Friday, February 14, 2020)
[Federal Register Volume 85, Number 31 (Friday, February 14, 2020)]
[Rules and Regulations]
[Pages 8389-8395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03118]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
DEPARTMENT OF THE TREASURY
19 CFR Part 12
[CBP Dec. 20-03]
RIN 1515-AE52
Import Restrictions Imposed on Archaeological and Ethnological
Material From Ecuador
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security; Department of the Treasury.
ACTION: Final rule.
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SUMMARY: This final rule amends the U.S. Customs and Border Protection
[[Page 8390]]
(CBP) regulations to reflect the imposition of import restrictions on
certain archaeological and ethnological material from Ecuador. These
restrictions are being imposed pursuant to an agreement between the
United States and Ecuador that has been entered into under the
authority of the Convention on Cultural Property Implementation Act.
The final rule amends CBP regulations by adding Ecuador to the list of
countries which have a bilateral agreement with the United States that
imposes cultural property import restrictions. The final rule also
contains the designated list that describes the types of archaeological
and ethnological material to which the restrictions apply.
DATES: Effective February 12, 2020.
FOR FURTHER INFORMATION CONTACT: For legal aspects, Lisa L. Burley,
Chief, Cargo Security, Carriers and Restricted Merchandise Branch,
Regulations and Rulings, Office of Trade, (202) 325-0300, [email protected]. For operational aspects, Genevieve S.
Dozier, Management and Program Analyst, Commercial Targeting and
Analysis Center, Trade Policy and Programs, Office of Trade, (202) 945-
2942, [email protected].
SUPPLEMENTARY INFORMATION:
Background
The Convention on Cultural Property Implementation Act, Public Law
97-446, 19 U.S.C. 2601 et seq. (``the Cultural Property Implementation
Act'') 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 (hereinafter, ``the Convention'' (823 U.N.T.S. 231
(1972))). Pursuant to the Cultural Property Implementation Act, the
United States entered into a bilateral agreement with Ecuador to impose
import restrictions on certain Ecuadorean archaeological and
ethnological material. This rule announces that the United States is
now imposing import restrictions on certain archaeological and
ethnological material from Ecuador.
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 October 19, 2018, 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 Ecuador that are described in the
designated list set forth below in this document.
These determinations include the following: (1) That the cultural
patrimony of Ecuador is in jeopardy from the pillage of archaeological
or ethnological material representing Ecuador's cultural heritage
dating from approximately 12,000 B.C. up to 250 years old, including
material starting in the Pre-ceramic period and going into the Colonial
period (19 U.S.C. 2602(a)(1)(A)); (2) that the Ecuadorean 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 described 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 May 22, 2019, the United States and Ecuador entered into a
bilateral agreement, ``Memorandum of Understanding between the
Government of the United States of America and the Government of the
Republic of Ecuador Concerning the Imposition of Import Restrictions on
Categories of Archaeological and Ethnological Material of Ecuador''
(``the Agreement''), pursuant to the provisions of 19 U.S.C.
2602(a)(2). The Agreement enables the promulgation of import
restrictions on categories of archaeological and ethnological material
representing Ecuador's cultural heritage that are at least 250 years
old, dating as far back as the Pre-ceramic period (approximately 12,000
B.C.) through the Formative, Regional development, Integration, and
Inka periods and into the Colonial period. 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
In accordance with the Agreement, importation of material
designated below is subject to the restrictions of 19 U.S.C. 2606 and
Sec. 12.104g(a) of title 19 of the Code of Federal Regulations (19 CFR
12.104g(a)) and will be restricted from entry into the United States
unless the conditions set forth in 19 U.S.C. 2606 and Sec. 12.104c of
the CBP regulations (19 CFR 12.104c) are met. CBP is amending Sec.
12.104g(a) of the CBP Regulations (19 CFR 12.104g(a)) to indicate that
these import restrictions have been imposed.
Import restrictions listed at 19 CFR 12.104g(a) are effective for
no more than five years beginning on the date on which the Agreement
enters into force with respect to the United States. This period may be
extended for additional periods of not more than five years if it is
determined that the factors which justified the Agreement still pertain
and no cause for suspension of the Agreement exists. Pursuant to the
MOU, the import restrictions entered into force upon delivery of the
U.S. diplomatic note to Ecuador on May 22, 2019. Therefore, the import
restrictions will expire on May 22, 2024, unless extended.
Designated List of Archaeological and Ethnological Material of Ecuador
The Agreement includes, but is not limited to, the categories of
objects described in the designated list set forth below. Importation
of material on this list is restricted unless the material is
accompanied by documentation certifying that the material left Ecuador
legally and not in violation of the export laws of Ecuador.
The designated list includes archaeological and ethnological
material. Archaeological material of ceramic, stone, metal, and organic
tissue ranges in date from approximately 12,000 B.C. to A.D. 1769,
which is 250 years from the signing of the Agreement. Ethnological
material includes Colonial period ecclesiastical paintings, sculpture,
furniture, metalwork, textiles, documents, and manuscripts. In
addition, ethnological material includes secular Colonial period
paintings, documents, and manuscripts.
Additional Resource
National Institute of Cultural Patrimony, Ecuador, Gu[iacute]a de
identificaci[oacute]n de bienes culturales patrimoniales (Guide for
identification of cultural patrimony goods) (2d ed. 2011), http://patrimoniocultural.gob.ec/guia-de-identificacion-de-bienes-culturales-patrimoniales/.
[[Page 8391]]
Categories of Materials
I. Archaeological Material
A. Stone
B. Ceramic
C. Metal
D. Bone, Shell, and Other Organic Tissue
II. Ethnological Material
A. Paintings
B. Sculpture
C. Furniture
D. Metalwork
E. Textiles
F. Documents and Manuscripts
I. Archaeological Material
Archaeological material covered by the Agreement is associated with
the diverse cultural groups that resided in this region from the
earliest human settlement of the Pre-ceramic period and into the
Colonial period (approximately 12,000 B.C. to A.D. 1769).
Approximate Chronology of Well-Known Archaeological Styles
(a) Pre-ceramic period: El Cubil[aacute]n (12,606 B.C.),
Montequinto (11,858 B.C.), Las Mercedes (11,500 B.C.), El Inga (11,000
B.C.), Guagua Canoayacu (9905 B.C.), Gran Cacao (9386 B.C.), Chobshi
(9000-6500 B.C.), and Las Vegas (8800-4500 B.C.).
(b) Formative period: Valdivia (3800-1500 B.C.), Mayo Chinchipe
(3000-2000 B.C.), Cerro Narrio (2000-400 B.C.), Cotocollao (1800-350
B.C.), Machalilla (1600-800 B.C.), and Chorrera (1000-100 B.C.).
(c) Regional development period: La Tolita (600 B.C.-A.D. 400),
Tiaone (600 B.C.-A.D. 400), Bah[iacute]a (500 B.C.-A.D. 650), Cosanga
(500 B.C.-A.D. 1532), Jama Coaque I (350 B.C.-A.D. 100), Upano (300
B.C.-A.D. 500), and Guangala (100 B.C.-A.D. 800).
(d) Integration period: Puruh[aacute] (A.D. 300-1500),
Ca[ntilde]ari (A.D. 400-1500), Atacames (A.D. 400-1532), Jama-Coaque II
(A.D. 400-1532), Milagro Quevedo (A.D. 400-1532), Mante[ntilde]o-
Huancavilca (A.D. 500-1532), Pasto (A.D. 700-1500), Napo (A.D. 1200-
1532), and Caranqui (A.D. 1250-1500).
(e) Inka period: A.D. 1470-1532.
(f) Colonial period: A.D. 1532-1822.
A. Stone
Early chipped stone tools mark the appearance of the first people
to inhabit the region and continued to be used throughout history.
Polished stone axes became common in the Formative period. Highly
skilled stoneworkers created elaborately carved mortars, figurines,
seats, and other items for use in daily and ceremonial life. Examples
of archaeological stone objects covered in the Agreement include the
following objects:
1. Chipped stone tools--Projectile points and tools for scraping,
cutting, or perforating are made primarily from basalt, quartzite,
chert, chalcedony, or obsidian and are 5-8 cm long.
2. Polished stone tools--Axes or hoes are typically made in basalt
or andesite and are about 12 cm long and 8-9 cm wide with a cutting
edge on one end and a flat or slightly grooved edge with ``ears'' on
the other side to attach a handle. Some axes have a hole used to attach
the handle with cord. Ceremonial axes are highly polished and lack use
marks. Hooks, in the shape of small anvils or birds, and weights for
spear-throwers (i.e., atlatls) are made from quartzite, chalcedony, and
serpentine. Mace heads and stone shields are made from polished stone.
3. Receptacles--Polished stone bowls may be undecorated or
decorated with incisions or notches about 10-20 cm in diameter. Mortars
made from volcanic rock may be undecorated or carved in the shape of
animals, including felines (e.g., Valdivia style mortars).
4. Ornaments--Beads are made of quartz, turquoise, and other stone.
Round or oval obsidian mirrors are relatively thin with one unworked
side and one polished side. Earrings and ear plugs are made from quartz
or obsidian.
5. Figurines--Valdivia style human figurines are small (3-5 cm
tall) and range from simple plaques to detailed three-dimensional
statuettes. These figurines are made from calcium carbonate and often
combine feminine and masculine attributes. Quitu-Chaupicruz monoliths
are stone posts up to 90 cm tall with tapered bases topped with
anthropomorphic figures.
6. Sculpture--Terminal Valdivia style rectangular or square plaques
and blocks are made of white or gray volcanic tuff or other stone with
smooth faces or faces decorated with lines or circles depicting human
or avian imagery. Mante[ntilde]o style seats are monolithic sculptures
with U-shaped seats resting on zoomorphic, anthropomorphic, or
undecorated pedestals on a rectangular base.
B. Ceramic
The earliest-known pottery in Ecuador dates to the Formative period
(about 4400 B.C.). Highly skilled potters in the region created diverse
and elaborate vessels, figurines, sculptural pottery, musical
instruments, and other utilitarian and ceremonial items. Ceramics vary
widely between archaeological styles. Decorations include paint (red,
black, white, green, and beige) or surface decorations such as
incisions, excisions, punctations, combing, fingernail marks,
corrugations, modelling, etc. Pre-Columbian vessels are never glazed;
shiny surfaces are created only by burnishing. Pre-Columbian potters
did not use a pottery wheel, so vessels do not have the regular
striations or perfectly spherical shapes characteristic of wheel-made
pottery. Examples of archaeological ceramic objects covered in the
Agreement include the following objects:
1. Vessels--There are three basic types of vessels: Plates, bowls,
and jars. Forms and decoration vary among archaeological styles and
over time. Some of the most well-known types are highlighted below.
a. Plates have flat or slightly convex bases, occasionally with
annular support. Rims are everted, inverted, or vertical, sometimes
with zoomorphic modelled appliqu[eacute] or masks on the exterior. The
interior surface is often painted with geometric, anthropomorphic, or
zoomorphic designs (e.g., Carchi style plates). Most Inka style plates
from Tomebamba have handles and vertical walls without interior paint
and some are flat with handles in the form of a bird or llama. Napo
culture platters (fuentes) often have polychrome designs.
b. Bowls and cups may have everted or inverted rims, and they may
have annular or polypod bases. Interior and/or exterior decorations may
be made with incisions, negative painting, iridescent paint, etc. Bowls
with pedestal bases are known as compoteras. Carchi style compoteras
have anthropomorphic and zoomorphic negative paint designs. A llipta
box or poporo is a very small bowl decorated with incisions or paint in
round, zoomorphic, or anthropomorphic shapes. [Note: Llipta is a
mixture of lime and/or ash used when chewing coca leaves.] Related to
bowls, cups may have everted rims (e.g., Azuay style and Ca[ntilde]ar
style cups and Inka keros) or inverted rims (e.g., Puruh[aacute] style
timbales). Milagro-Quevedo style tripod or pedestal bowls known as
cocinas de brujos sometimes have handles and are often decorated with
modelled reliefs of snake heads, toads, serpents, and nude human
figures.
c. Jars are globular vessels with short necks, sometimes with
exterior decoration on the entire vessel or only on the upper half.
Jars sometimes have feet, usually three. Bottles are a type of jar with
a long spout attached to the body by a handle. Some bottles have
stirrup handles. Some bottles have an interior mechanism that regulates
movement of air and liquid to create a whistling sound. Very large jars
are called c[aacute]ntaros. C[aacute]ntaros have wide
[[Page 8392]]
mouths and typically have convex or conical bases; in a few cases,
bases are flat and small. Carchi style c[aacute]ntaros or botijuelas
are ovoid in shape, have long necks, are decorated with red or negative
paint, and sometimes have a modelled human face attached to the neck.
Puruh[aacute] style c[aacute]ntaros are rounder, with bodies covered in
negative paint designs and an everted rectilinear neck that is usually
decorated with handles and a modelled human face. Chicha jars or
tinajas are very large, usually undecorated jars. Funerary urns may be
various sizes depending on whether they contained skeletal remains or
ashes. There are two types of Napo style funerary urns with polychrome
decorations: Large, elongated vessels with a bulge at the base and
anthropomorphic, ceramic statues. Inka style ar[iacute]balos have long
necks with everted rims and bulging bodies with two handles near the
base, a modelled zoomorphic knob near the neck, and a pointed base.
Imperial style ar[iacute]balos have primarily geometric, polychrome
painting. Local style ar[iacute]balos have the same shape but are
roughly made and undecorated.
2. Figurines--Figurine manufacturing was common in pre-Columbian
Ecuador. Anthropomorphic figurines are solid or hollow clay with
diverse representations of the body. The size of the figurines varies
from less than 10 cm tall to statues over 50 cm tall. Some of the best-
known types are described below:
a. Valdivia style ceramic ``Venus figures'' are small, female
figurines in fired clay with detailed treatment of the torso and head.
Machalilla and Chorrera figures are larger (up to 40 cm) and usually
mold-made and decorated with white slip and red painted designs with
humans (more often women than men) depicted in the nude with arms by
the side or slightly raised.
b. Low-relief, mold-made figurines were common, including Chorrera
style figurines in zoomorphic and phytomorphic shapes (e.g., squashes,
babacos, monkeys, canines, opossums, felines, and birds).
c. Guangala style and Jama-Coaque style figurines use modeled clay
to depict body adornments or clothing of men and women. Bodies and
ornaments may be painted black, green, red, or yellow. Jama-Coaque
figurines, some up to 30 cm tall, with abundant molded decorations and
rich painting depict individuals' occupations and social statuses
(e.g., seated shamans with llipta boxes, farmers with bags of seeds and
digging sticks, warriors with helmets, spear-throwers and shields,
seated jewelry makers with jewels in their laps, hunters carrying or
slaughtering their prey, masked figures, dancers with wings or fancy
dress, and characters in costumes that indicate privileged status).
d. Figurines from Bah[iacute]a are generally medium-sized (about 25
cm tall). The ``giants of Bah[iacute]a'' are up to 50 cm tall and
typically depict shaman figures or elite personages seated cross-legged
or standing with elaborate attire, adornment, and headdresses. They
often exhibit a necklace adorned with a one to three white tusk-like
ornaments.
e. Tolita figurines include individuals of high status and
representations of daily life as well as anthropomorphic figures with
mammal or bird heads. Tolita style heads and small figures without slip
and detailed facial expressions are common. Some hollow heads have
perforations and may have been suspended from cords, similar to the
tzantzas (shrunken heads) of the Shuar.
f. Mante[ntilde]o style figurines are standardized with polished,
black surfaces, almost always standing and with body adornments. There
are some seated figures, including Mante[ntilde]o style incense burners
depicting men, apparently entranced, with wide plates on their heads
and elaborate incisions depicting body tattoos.
g. Carchi coquero figurines depict a seated individual in a
hallucinogenic trance with a bulging cheek indicating that the
individual is chewing coca. The bulging cheek is also common in Cosanga
figurines from Amazonia. Other figurines from Amazonia are rough and
their typology is not well known.
3. Musical instruments--During the Integration period, flutes--
typically with four finger holes--were common in the northern Sierra.
Throughout the coast and highlands, whistles in human or animal form,
frequently birds, were common. Ceramic whistles in the form of sea
shells (sometimes called ocarinas) are often decorated with geometric,
anthropomorphic, and zoomorphic designs.
4. Masks--Human and zoomorphic masks made of clay, shell, and metal
with varied facial expressions were common in pre-Columbian Ecuador.
Many masks have small holes along the upper edge so that they can be
suspended as pectorals. Rectangular, clay plaques depicting humans,
sometimes in erotic motifs, have similar holes for suspension.
5. Stamps--Stamps are made from solid clay, including cylindrical
roller stamps and flat stamps with a small handle on one side. Low
relief geometric designs include stylized anthropomorphic,
phytomorphic, and zoomorphic motifs. Small conical clay spindle whorls
called torteros or fusaiolas have similar designs and a hole in the
middle to be attached to a spindle.
6. Beads--Beads are small round pieces of ceramic with polished
edges and a hole in the center.
7. Graters--Graters are long thin plates, often in the shape of a
fish, with a concentration of embedded sharp stones on one side for
scraping or grating. Some scrapers lack embedded stones but are
decorated with deep incisions in the scraping surface. Bowls
occasionally contain embedded scraping stones.
8. Neck rests--Bah[iacute]a style and Jama-Coaque style neck rests,
called descansanucas, are made from a slightly concave, rectangular,
ceramic slab resting on a pedestal made from a flat slab of the same
size supporting columns or a wide pillar in the shape of a house or
human face.
9. House models--House models, or maquetas, from the coastal region
have slightly concave roofs and walls that rest on a base that contains
stairs and, sometimes, human figures guarding the entrance. In some
cases, the interior columns supporting the roof are visible. These are
typically found in the Jama-Coaque and La Tolita cultures, and many of
them are functioning bottle forms used in drinking rituals. In the
northern highlands, models of round houses represent typical domestic
structures of the region.
C. Metal
Objects of gold, platinum, silver, copper, and tumbaga (an alloy of
copper and gold) were common in pre-Columbian Ecuador. Several pre-
Columbian cultures practiced metalwork on the coast (e.g., Guangala,
Bah[iacute]a, Jama-Coaque, La Tolita, Mante[ntilde]o and Milagro-
Quevedo), in the highlands (e.g., Capul[iacute], Piartal, Puruh[aacute]
and Ca[ntilde]ari), and in Amazonia (e.g., Cosanga). The Inka
introduced bronze, an alloy of copper and tin. Metallurgists were
skilled at creating alloys and gold- and copper-plating. Objects were
made by using melted metal or hammering metal sheets. Parts of compound
objects were made separately and assembled mechanically. Examples of
archaeological metal objects covered in the Agreement include the
following objects:
1. Tools--Chisels are flat copper strips about 7 cm long and are
beveled on one end. Copper needles vary in size from 3 to 8 cm long.
There are also copper fish hooks, cylindrical punches, and long-handled
spoons. Functional copper axes are similar in shape to stone
[[Page 8393]]
axes. Ceremonial copper axes lack a cutting edge, are sometimes silver
plated, and are decorated on both faces in high and low relief, often
in geometric designs.
A tumi is a type of axe with a long handle and a semicircular or
rectilinear blade. Axe-monies (hachas monedas) are thin, axe-shaped
sheets of arsenical copper that are 7-8 cm long and often found in
bundles or carefully grouped.
2. Body ornaments--Copper ear piercers may have a hollow handle to
facilitate insertion of the post. Gold, silver, and copper crowns and
diadems are decorated with engraved or embossed designs. Pre-Columbian
people in the region used a wide variety of nose ornaments including
oval or circular plates open at the top for insertion into the nasal
septum, ornaments with tubular bodies, and scroll or zoomorphic
ornaments. Solid or hollow ear ornaments, sometimes with hanging
decorations, and labrets are also common. Concave copper disc pectorals
with embossed human faces often have holes at the mouth suggesting the
existence of a tongue that would have functioned as a rattle.
Ornamental clothing pins (tupos or tupus) made of copper, silver, and
gold are topped with a circular or semicircular plate. Gold masks are
made of embossed thin gold sheets. Some masks are a single piece of
gold, others have additional elements such as diadems, pendants, and
platinum eyes. Necklaces vary and often combine metal, Spondylus shell,
and semi-precious stones.
3. Weapons--Bronze star-shaped mace heads typically have six
points. Spear or lance points are made from silver sheets rolled into
cones leaving a hole for the shaft. Mante[ntilde]o style spear or lance
points have a hollow, cylindrical stem to attach the shaft. Gold and
silver helmets were made for high-ranking individuals or ceremonial
use.
4. Figurines--Small Inka style figurines depict male, female, and
animal figures in solid gold or silver.
D. Bone, Shell, and Other Organic Tissue
Ceremonial use and trade of Spondylus princeps, a bivalve mollusk
native to the coastal Pacific Ocean from modern Panama to the Gulf of
Guayaquil, began during the Formative period. Although preservation of
organic material is poor in most of Ecuador, utilitarian tools,
instruments, and body ornaments made in bone, shell, and other
materials may be found. Examples of archaeological organic objects
covered in the Agreement include the following objects:
1. Tools--Sharp bone awls are made from long bones and are often
fired to strengthen them. Various bone tools used for weaving include
spatulas, needles, combs, shuttles, pick-up sticks, etc. Ritual long-
handled spoons are made from bone. Spoons also are made from shell.
Shell fish hooks are 3-5 cm in diameter.
2. Musical instruments--Flutes and whistles with a single finger-
hole are made from bone. Large gastropod sea shells (e.g., Strombus
sp.) were used as trumpets beginning in Early Valdivia times (around
3000 B.C.).
3. Body ornaments--Ornamental clothing pins (tupos or tupus) made
from bone usually are topped with a zoomorphic ornament. Shell
bracelets, nose rings, and small earrings are common. Ucuyayas are
human figures made from Spondylus shell.
4. Human remains--Skeletal remains, soft tissue, and ash from the
human body may be preserved in burials and other contexts.
II. Ethnological Material
Ethnological material covered by the Agreement includes Colonial
period ecclesiastical paintings, sculpture, furniture, metalwork,
textiles, documents, and manuscripts. In addition, ethnological
material includes secular Colonial period paintings, documents, and
manuscripts. Quito School artists incorporated into mostly religious
art of the Catholic Church particularities of the Andes such as local
costumes, indigenous customs, local flora and fauna, and placement
within the Andean countryside or cities.
A. Paintings
Colonial period paintings are made on canvas, copper, marble, or
wood panels. Pigments are typically made from pulverized minerals mixed
with linseed or almond oil. Early 16th-century paintings use muted
color palates of reddish browns and grays. By the 18th century,
paintings display greater movement, illumination, and color, including
intense blues, reds, and greens. Some paintings are decorated with gold
leaf rays, stars, or floral designs. Most paintings are anonymous
works, but a few are signed. Examples of ethnological paintings covered
in the Agreement include, but are not limited to, the following
objects:
1. Colonial period ecclesiastical paintings--Ecclesiastical
paintings depict religious subjects including Christ, saints, virgins,
angels, bishops, popes, and others.
2. Colonial period secular paintings--Secular paintings include
landscapes, portraits, allegorical paintings, and casta paintings
depicting racial classifications used in the Spanish colonial empire.
B. Sculpture
Ecclesiastical sculpture from the Colonial period includes images
of religious content carved in wood during the 16th, 17th, and 18th
centuries. Sculpture may also incorporate silver, gold, bronze, gesso,
vegetal ivory (tagua), ivory, porcelain, glass eyes, or human hair.
Quito School artists produced the finest and most sought-after
sculpture in Colonial period Latin America. Quito School 18th-century
sculptures are the most famous, including works by Manuel Chili, also
known as Caspicara. Examples of ethnological sculpture covered in the
Agreement include, but are not limited to, the following objects:
1. Ecclesiastical statues--Ecclesiastical statues carved in wood
represent virgins, saints, crucified Christ, baby Jesus, angels and
archangels, and figures for nativity scenes. The images are usually
life-size. Most statues include the body, face, hands, and clothing
sculpted in wood. To give the flesh a luminescent, life-like
appearance, artists used the technique of encarnaci[oacute]n, a process
of painting, varnishing, and sanding the sculpture several times.
Clothing is decorated in high relief using techniques such as graffito
and estofado that includes layering of paint, lacquer, and gold or
silver leaf. Other statues include only carved face and hands attached
to a simple wood frame that is covered in robes made from fabric,
brocade, or cloth stiffened with gum or paste. Most statues have silver
accessories; in the case of the Virgin Mary, these accessories may be
halos or coronas, small hearts crossed by a dagger, or earrings or
other jewelry.
2. Ecclesiastical relief carvings--Low reliefs or nearly flat
sculptures depict saints.
3. Portable altars or triptychs--Small altars of gilded wood or
different-colored wood close like boxes, and smaller religious
sculptures are stored inside.
C. Furniture
Colonial period ecclesiastical furniture was created by teams of
designers, carpenters, cabinetmakers, and craftspeople specializing in
leather, veneers, or inlaid wood. Additionally, these teams of artisans
included carvers, weavers, bronze smiths, locksmiths, and artistic
blacksmiths. Examples of ecclesiastical ethnological furniture covered
in the Agreement include, but are not limited to, the following
objects:
[[Page 8394]]
1. Altarpieces or retablos--Elaborate ornamental structures placed
behind the altar include attached paintings, sculptures, or other
religious objects.
2. Reliquaries and coffins--Containers made from wood, glass, or
metal hold and exhibit sacred objects or human remains.
3. Church furnishings--Furnishings used for liturgical rites
include pulpits, tabernacles, lecterns, confessionals, pews, choir
stalls, chancels, baldachins, and palanquins.
D. Metalwork
Colonial period ecclesiastical objects made of silver, gold, and
other metals were crafted in silversmiths' workshops for use in
religious ceremonies. Designs relate to the Eucharist, such as the Lamb
of God, a fish, a dove, a cross, fruit, and vine leaves. These
ecclesiastical metal objects incorporate precious stones and jewels.
Examples of ecclesiastical ethnological metalwork covered in the
Agreement include, but are not limited to, the following objects:
1. Sacred vessels--Pyxes, goblets, chalices, and patens were
commonly used for religious ceremonies. Urns and custodia (monstrances)
were used to display the communion wafer.
2. Altar furnishings--Candlesticks, candelabra, and processional or
stationary crosses were used in religious ceremonies. Decorative
plaques were affixed to altars.
3. Statue accoutrements--Crowns, radiations, wings, garment pins,
and jewelry adorned many ecclesiastical statues.
E. Textiles
Textiles used to perform religious services are often made from
fine cotton or silk and may be embroidered with metallic or silk
thread, brocades, prints, lace, fabrics, braids, and bobbin lace.
Examples of textiles covered in the Agreement include, but are not
limited to, the following objects:
1. Religious vestments--Garments worn by the priest and/or other
ecclesiastics include cloaks, tunics, surplices, chasubles, dalmatics,
albs, amices, stoles, maniples, cinctures, rochets, miters, bonnets,
and humeral veils complemented by the so-called blancos or ``whites.''
2. Coverings and hangings--Textiles used for liturgical
celebrations include altar cloths, towels, and tabernacle veils.
F. Documents and Manuscripts
Original handwritten texts or printed texts of limited circulation
made during the Colonial period are primarily on paper, parchment, and
vellum. They include books, single folios, or collections of related
documents bound with string. Documents may contain a wax, clay, or ink
seals or stamps denoting a public or ecclesiastical institution. Seals
may be affixed to the document or attached with cords or ribbons.
Because many of these documents are of institutional or official
nature, they may have multiple signatures, denoting scribes, witnesses,
and other authorities. Documents are generally written in Spanish, but
may be composed in an indigenous language such as Quichua. Examples of
ethnological documents and manuscripts covered in the Agreement
include, but are not limited to, the following objects:
1. Colonial period ecclesiastical documents and manuscripts--These
include religious texts, hymnals, and church records.
2. Colonial period secular documents and manuscripts--These
include, but are not limited to, notary documents (e.g., wills, bills
of sale, contracts) and documents of the city councils, Governorate of
New Castile, Royal Audience of Quito, Viceroyalty of Peru, Viceroyalty
of New Granada, or the Council of the Indies.
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)). For the same reason, a delayed effective date is
not required under 5 U.S.C. 553(d)(3).
Regulatory Flexibility Act
Because no notice of proposed rulemaking is required, the
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do
not apply.
Executive Orders 12866 and 13771
CBP has determined that this document is not a regulation or rule
subject to the provisions of Executive Order 12866 or Executive Order
13771 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 section 4(a) of Executive
Order 13771.
Signing Authority
This regulation is being issued in accordance with 19 CFR 0.1(a)(1)
pertaining to the Secretary of the Treasury's authority (or that of
his/her delegate) to approve regulations related to customs revenue
functions.
List of Subjects in 19 CFR Part 12
Cultural property, Customs duties and inspection, Imports,
Prohibited merchandise, Reporting and recordkeeping requirements.
Amendment to 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, the table in paragraph (a) is amended by adding
Ecuador to the list in alphabetical order to read as follows:
Sec. 12.104g Specific items or categories designated by agreements or
emergency actions.
(a) * * *
----------------------------------------------------------------------------------------------------------------
State party Cultural property Decision No.
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Ecuador....................... Archaeological and ethnological material CBP Dec. 20-03.
representing Ecuador's cultural heritage
that is at least 250 years old, dating from
the Pre-ceramic (approximately 12,000 B.C.),
Formative, Regional development,
Integration, Inka periods and into the
Colonial period to A.D. 1769.
* * * * * * *
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[[Page 8395]]
* * * * *
Mark A. Morgan,
Acting Commissioner, U.S. Customs and Border Protection.
Approved: February 11, 2020.
Timothy E. Skud,
Deputy Assistant Secretary, Department of the Treasury.
[FR Doc. 2020-03118 Filed 2-12-20; 4:15 pm]
BILLING CODE 9111-14-P
