Imposition of Import Restrictions on Categories of Archaeological Material of Costa Rica
| Published date | 01 April 2021 |
| Citation | 86 FR 17055 |
| Record Number | 2021-06701 |
| Section | Rules and Regulations |
| Court | U.s. Customs And Border Protection |
Federal Register, Volume 86 Issue 61 (Thursday, April 1, 2021)
[Federal Register Volume 86, Number 61 (Thursday, April 1, 2021)]
[Rules and Regulations]
[Pages 17055-17058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06701]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 86, No. 61 / Thursday, April 1, 2021 / Rules
and Regulations
[[Page 17055]]
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
DEPARTMENT OF THE TREASURY
19 CFR Part 12
[CBP Dec. 21-06]
RIN 1515-AE62
Imposition of Import Restrictions on Categories of Archaeological
Material of Costa Rica
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
(CBP) regulations to reflect the imposition of import restrictions on
certain archaeological material from the Republic of Costa Rica (Costa
Rica). These restrictions are being imposed pursuant to an agreement
between the United States and Costa Rica that has been entered into
under the authority of the Convention on Cultural Property
Implementation Act. The final rule amends the CBP regulations by adding
Costa Rica 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 material to which the import
restrictions apply.
DATES: Effective on March 31, 2021.
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, Pinky Khan,
Branch Chief, Commercial Targeting and Analysis Center, Trade Policy
and Programs, Office of Trade, (202) 427-2018, [email protected].
SUPPLEMENTARY INFORMATION:
Background
The Convention on Cultural Property Implementation Act, Public Law
97-446, 19 U.S.C. 2601 et seq. (hereinafter, ``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 Costa
Rica to impose import restrictions on certain archaeological material
from Costa Rica. This rule announces that the United States is now
imposing import restrictions on certain archaeological material from
Costa Rica.
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 September 3, 2020, 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 material
originating in Costa Rica that is described in the Designated List set
forth below in this document.
These determinations include the following: (1) That the cultural
patrimony of Costa Rica is in jeopardy from the pillage of
archaeological material representing Costa Rica's cultural heritage
dating from approximately 12,000 B.C. to A.D. 1550 (19 U.S.C.
2601(a)(1)(A)); (2) that the Costa Rican 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 January 15, 2021, the United States and Costa Rica signed a
bilateral agreement, ``Memorandum of Understanding between the
Government of the United States of America and the Government of the
Republic of Costa Rica Concerning the Imposition of Import Restrictions
on Categories of Archaeological Material of Costa Rica'' (``the
Agreement''), pursuant to the provisions of 19 U.S.C. 2602(a)(2). The
Agreement entered into force upon signature, and enables the
promulgation of import restrictions on categories of archaeological
material representing Costa Rica's cultural heritage ranging in date
from approximately 12,000 B.C. to A.D. 1550. A list of the categories
of archaeological 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
[[Page 17056]]
Agreement exists. The import restrictions will expire on January 15,
2026, unless extended.
Designated List of Archaeological Material of Costa Rica
The Agreement between the United States and Costa Rica 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 Costa Rica legally and not in
violation of the export laws of Costa Rica.
The Designated List includes archaeological materials in jade, gold
and other metal, ceramics, stone, bone, resin, and shell ranging in
date from approximately 12,000 B.C. to A.D. 1550.
Categories of Archaeological Material
I. Jade
II. Gold and Other Metal
III. Ceramic
IV. Stone
V. Bone, Resin, and Shell
Archaeological Material
Approximate chronology of well-known archaeological sites,
traditions, and cultures: Archaeological material covered by the
Agreement is associated with indigenous groups living in Costa Rica.
The three main archaeological zones of Costa Rica are: Guanacaste (also
referred to as Greater Nicoya), Central Highlands-Atlantic (or
Caribbean) Watershed, and the Southern Zone (also referred to as
Greater Chiriqu[iacute] or Diqu[iacute]s). The following standardized
periodization for lower Central America \1\ is commonly used in the
archaeology of Costa Rica:
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\1\ Lange, Frederick W., and Doris Stone. 1984. The Archaeology
of Lower Central America. Albuquerque: University of New Mexico
Press.
(a) Period I (?-8000 B.C.)
(b) Period II (8000-4000 B.C.)
(c) Period III (4000-1000 B.C.)
(d) Period IV (1000 B.C.-A.D. 500)
(e) Period V (A.D. 500-1000)
(f) Period VI (A.D. 1000-1550)
(g) European contact and Colonial period (A.D. 1500-1821) \2\
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\2\ Import restrictions concerning European contact period
archaeological material apply only to those objects dating to A.D.
1550 and earlier.
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I. Jade
Archaeological jade objects may be made from several types of stone
such as jadeite, jadeitite, serpentine, omphacite, agate, chalcedony,
jasper, slate, opal, and quartz. These stones are various shades of
green, as well as white, beige, brown, and black. Most jade objects
were used for personal adornment. Examples of archaeological jade
objects covered in the bilateral agreement include, but are not limited
to, the following objects:
A. Pendants--Celtiform pendants (sometimes called Axe-gods) may
have human, avian, or composite human and avian figures carved on the
upper portion and perforations for suspension. Some feature bats, and
rare examples have Olmecoid faces and features. Celtiform pendants can
be made from whole-, half-, and even sixth-celt blanks. Figure pendants
may be carved into the shape of ``beak-birds,'' ``curly-tailed
animals,'' humans, frogs, monkeys, crocodiles, saurians, or bats. Some
human pendants wear masks or headdresses. Staff-bearer pendants depict
a human wearing a mask or headdress carrying a vertical staff topped
with a zoomorphic effigy. Horizontal zoomorphic pendants may be double-
ended, and horizontal bat pendants often emphasize wings that terminate
in crocodile heads. Some pendants, imported to Costa Rica in antiquity,
have incised Epi-Olmec or Maya carvings and hieroglyphic inscriptions.
B. Beads--Most jade beads are tubular in shape and vary in size.
Large tubular beads may be up to approximately 50 cm long and have low-
relief geometric or zoomorphic carving. Disc-shaped beads are also
common.
C. Ear ornaments--Spool-shaped ear flares may have openwork
decoration in the center.
D. Vessels--Miniature jade jars, often measuring about 6 cm tall,
may be round with little decoration or have two zoomorphic or
anthropomorphic heads on opposite sides. They often have perforations
for strings to keep lids in place.
E. Mace heads--Jade mace heads, which may be carved into avian,
bat, feline, or anthropomorphic effigies, have large holes drilled in
the center for mounting on staffs.
II. Gold and Other Metal
Most archaeological metal objects from Costa Rica are personal
ornaments made from gold or a gold-copper alloy known as tumbaga or
guan[iacute]n. Objects were produced by lost-wax casting or cold
hammering and annealing. Examples of archaeological gold and other
metal objects covered in the bilateral agreement include, but are not
limited to, the following objects:
A. Zoomorphic pendants--Zoomorphic pendants most commonly depict
avians, crocodilians, saurians, and snakes. Bats, butterflies, spiders,
frogs, felines, turtles, lobsters, crabs, fish, armadillos, and deer
are also represented. Many pendants combine features of more than one
creature. Dual figures depict a single body with two heads and two
tails. Some zoomorphic pendants hold human bodies or limbs in the
mouth.
B. Anthropomorphic pendants--Elaborate human figures may be
depicted wearing zoomorphic masks or display a mix of human and animal
or supernatural traits. Some human figures play musical instruments
such as flutes or drums, are surrounded by attendant figures, have
square or round frames, or have dangling pendants.
C. Bells--Bells may be undecorated or decorated with zoomorphic
figures such as monkeys or spiders. Complete bells may have loose
ceramic or stone clappers.
D. Hammered ornaments--Hammered gold discs, chest plates, cuffs,
diadems, ear spools, and beads may have embossed geometric,
anthropomorphic, or zoomorphic motifs.
E. Tools--Needles, fish hooks, tweezers, and punches may be made of
metal.
III. Ceramic
Archaeological ceramics in Costa Rica are low-fired terracotta,
typically coil- and slab-built, but sometimes produced using molds.
Hollow mammiform, rattle, figural, and slab tripod vessel supports are
common. Decorations can be monochrome, bichrome, trichrome, or
polychrome made with slip, paint, negative (or resist) paint,
burnishing, and polishing. The most common colors are brown, black, and
red, but can include white, orange, and purple. Decorations, in
addition to slips and paints, include impressions, incisions,
engraving, appliqu[eacute], and modeling. Most designs are geometric,
linear, and/or divided into zones. Common zoomorphic designs include
felines, birds, crocodilians, saurians, marine animals, deer, monkeys,
tapirs, and peccaries. Humans may be depicted wearing zoomorphic masks
or as composite figures with combined anthropomorphic and zoomorphic
features. Some female figures hold infants. Other figures may be
dressed in ostentatious clothing and/or show decapitated heads.
Archaeological cultures in the three cultural zones of Costa Rica
produced distinctly different styles, especially after about A.D. 500.
For example, well-known ceramics from the Guanacaste zone have white-
and salmon-colored slip with polychrome decoration, which may include
distinctive blue-gray or orange paints. Well-known ceramics from the
Central and Atlantic (or Caribbean) Watershed zone are
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monochrome or bichrome with incised and molded decorations. The best-
known ceramics from the Southern Zone are polychrome vessels with white
slips decorated with geometric painting in black and red and fine-
walled beige or natural-colored ``biscuit'' ware with small molded
decorations.
Examples of archaeological ceramic objects covered in the bilateral
agreement include, but are not limited to, the following objects:
A. Vessels--Ceramic vessels include plates, bowls, jars, effigy
vessels, and incense burners. Plates have flat or slightly convex
bases, sometimes with tripod supports. Bowls sometimes have tripod
supports or annular supports. Bowls may have decorated exteriors,
interiors, and rims with modeled decoration. Some bowls have
anthropomorphic or zoomorphic forms. Jars, often called ollas, are
globular vessels with short necks that may have tripod or annular
supports. Some jars are shoe-shaped or gourd-shaped, neckless vessels
called tecomates. Jars may be decorated on the exterior with zoned
paint, modeled decoration, or linear paint depicting geometric designs
or have human faces on the neck or body. Effigy vessels are containers
sculpted in human or animal forms, sometimes with bridge-and-spout
forms. Incense burners, or incensarios, may have hemispherical bases
and a ventilated lid decorated with a modeled crocodilian or saurian
effigy. Skillet-like incense burners may have zoomorphic handles.
B. Pot stands, stools, and griddles--Pot stands are flared,
cylindrical objects that may have bases made from rings of human
figures and/or modeled birds. Thick buff-colored pottery stools have
bases with modeled zoomorphic or anthropomorphic figures. Griddles,
known as budares, have flat surfaces for cooking.
C. Figurines--Anthropomorphic figurines include both solid and
hollow forms, the latter of which can include rattles. Common forms
include figures with flattened headdresses sometimes seated on benches,
female figurines holding infants, and hunchbacks.
D. Musical instruments--Musical instruments include maracas,
rattles, ring-rattles, ocarinas, whistles, flutes, and drums. Ocarinas
can be in the shape of humans, birds, turtles, and other animals.
E. Stamps--Stamps may be roller stamps or have one flat surface
with a design for stamping or sealing. Surfaces typically have deep,
geometric decorations that would transfer with pigment to cloth or
skin.
F. Inhalers and pipes--Inhalers and pipes may be single-tubed pipes
or double-tubed nasal snuffers.
G. Beads--Beads typically are small, round, perforated objects
intended to be strung on cords.
IV. Stone
Early chipped-stone tools mark the appearance of the first people
to inhabit the region and continued to be used throughout history.
Highly skilled stoneworkers created elaborately carved stone sculpture
from basalt and andesite, volcanic stones common in Costa Rica. The
most common material is grey vesicular andesite, distinguished by its
rough surface. Examples of archaeological stone objects covered in the
bilateral agreement include, but are not limited to, the following
objects:
A. Metates (grinding tables)--Both simple and elaborately carved
flying-panel metates and special-purpose lithic platforms are typically
made from porous basalt. Forms may be rectangular, oval, or circular.
Tripod metates with curved rimless plates may have elaborately carved
low-relief decoration on the underside of the plate featuring abstract
designs, deities, and animals; elaborately carved legs; and/or
zoomorphic heads extending from the plate, especially felines, jaguars,
monkeys, crocodiles, saurians, avians, and canines. Metates with flat
plates and raised rims may have decorated rims and have three
cylindrical supports connected by ``flying panels'' with open-carving
depicting multiple human and/or animal figures, decapitated human
heads, and an anthropomorphic central figure wearing a saurian or avian
mask. Tetrapod metates may have a border of stylized human heads and
supports that may be in the form of human figures or human heads.
Feline-effigy metates typically have a head extending from one end of
the plate, a tail from the opposite end, and four supports representing
legs that may be connected by open-carving depicting monkeys or other
animals. Circular pedestal tables may have a single base with vertical
slots and small feline figures or heads pendant from the table surface.
Plain, rimless metates typically have tripod supports.
B. Manos (handstones) and pestles--A mano or pestle can be a round,
loaf-shaped, or cylindrical hand-held stone used with a metate or
mortar to pulverize grains, tubers, spices, and medicinal plants. Manos
and pestles may have low-relief, zoomorphic or geometric carving at one
or both ends. Flared-head manos may have a finely abraded working
surface. Stirrup-shaped manos may have carved anthropomorphic forms
incorporated into the upper part. More delicate manos may have a thin,
flat grinding surface with a zoomorphic figure serving as a handle.
C. Biconical effigy seats--Hourglass-shaped seats may be decorated
with modeling and relief carving depicting an abstract crocodilian or
saurian head and geometric designs.
D. Bowls or receptacles--Stone bowls may be supported by
anthropomorphic or zoomorphic figures. Reclining figures with a shallow
bowl in the belly, sometimes called chacmools, can combine feline,
raptorial, and snake features.
E. Figural sculpture--Free-standing sculpture depicts a variety of
figures in various sizes. Anthropomorphic figures typically about 30 cm
tall wear crocodilian masks, tubular bead pendants, and multi-tiered
headdresses. Stylized anthropomorphic peg-base figures, typically about
25-35 cm tall, often have a bifurcated tongue, hair ending in snakes,
and N-shaped feline incisors. Some carry trophy heads. Large, realistic
anthropomorphic figures, typically ranging in size from 50 cm to 1 m,
may be female figures holding the breasts with brief girdles and
plastered-down coiffures; bound, naked male prisoners; or males
displaying an axe and trophy head. Small female and male figurines,
typically about 12 cm tall, may grasp cylindrical shaped objects in
each hand. Seated human figures, known as sukias, typically measure
about 25 cm tall and rest their elbows on their knees while holding a
tube to their mouths. Independent human heads, known as trophy heads,
may measure about 15 cm tall and have varied facial features and hair
or hat motifs. Independent feline heads may be decorated in low relief.
Rounded zoomorphic effigy figures of varied size usually depict
felines, though other animals like armadillos are also known.
F. Figure-decorated mortuary slabs--Thin, decorated slabs that
probably stood vertically as grave markers may have a row of figures in
low relief along each side and openwork figures at the top.
G. Petroglyphs--Petroglyphs typically display carved motifs on one
rock face or on multiple sides of a stone. Most motifs are abstract
geometric motifs, often with spirals or rounded designs. Some
petroglyphs include zoomorphic engravings such as crocodilians,
saurians, human faces, and human figures.
H. Mace heads--Stone mace heads may be spherical or carved in the
shape of human heads, human skulls, owls,
[[Page 17058]]
bats, avians, canines, felines, or saurians.
I. Stone spheres--Stone spheres are typically made of gabbro or
granodiorite but can also be made from limestone. Stone spheres range
from less than 10 cm up to about 2.6 m in diameter.
J. Polished stone tools--Polished stone tools may include celts,
chisels, and hoes, typically ranging in size from 3 to 20 cm. Figure-
decorated celts may be made from various jades (discussed above) and
volcanic stone. Bark beaters are oval plaques scored with deep
incisions on one face.
K. Chipped-stone tools--Chipped-stone tools may include projectile
points, waisted axes, and other tools for scraping, cutting, or
perforating. Early, extremely rare Paleoindian and Archaic projectile
points include Clovis and Fluted Fishtail points.
V. Bone, Resin, and Shell
Examples of archaeological bone, resin, and shell objects covered
in the bilateral agreement include, but are not limited to, the
following objects.
A. Personal ornaments--Pendants, ear spools, and beads typically
are made from shell or bone.
B. Figurines--Figurines made from resin may have gold sheathing.
C. Tools--Tools may include bone points and awls, burnishers,
needles, spatulas, and fishhooks.
References
National Museum of Costa Rica, Archaeological Collections: https://www.museocostarica.go.cr/nuestro-trabajo/colecciones/arqueologia/
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 Order 12866
CBP has determined that this document is not a regulation or rule
subject to the provisions of Executive Order 12866 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.
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
Costa Rica to the list in alphabetical order 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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* * * * * * *
Costa Rica........... Archaeological CBP Dec. 21-06.
material representing
Costa Rica's cultural
heritage from
approximately 12,000
B.C. to A.D. 1550.
* * * * * * *
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* * * * *
Troy A. Miller, the Senior Official Performing the Duties of the
Commissioner, having reviewed and approved this document, is delegating
the authority to electronically sign this document to Robert F. Altneu,
who is the Director of the Regulations and Disclosure Law Division for
CBP, for purposes of publication in the Federal Register.
Robert F. Altneu,
Director, Regulations & Disclosure Law Division, Regulations & Rulings,
Office of Trade, U.S. Customs and Border Protection.
Approved: March 26, 2021.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2021-06701 Filed 3-31-21; 8:45 am]
BILLING CODE 9114-14-P
