Extension of Import Restrictions Imposed on Archaeological Material from Mali, 53414-53417 [07-4659]
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Federal Register / Vol. 72, No. 181 / Wednesday, September 19, 2007 / Rules and Regulations
which to reasonably conclude that a
contribution is a valid rollover
contribution. By way of example,
sufficient evidence to conclude a
contribution is a valid rollover
contribution includes a copy of the
plan’s determination letter, a letter or
other statement from the plan indicating
that it is an eligible retirement plan, a
check indicating that the contribution is
a direct rollover or a tax notice from the
plan to the participant indicating that
the participant could receive a rollover
from the plan.
(b) * * *
(2) The administrator or trustee must
either complete the appropriate section
of the form and forward the completed
form and the distribution to the TSP
record keeper or the Agency must
receive sufficient evidence from which
to reasonably conclude that a
contribution is a valid rollover
contribution. By way of example,
sufficient evidence to conclude a
contribution is a valid rollover
contribution includes a copy of the
plan’s determination letter, a letter or
other statement from the plan indicating
that it is an eligible retirement plan, a
check indicating that the contribution is
a direct rollover or a tax notice from the
plan to the participant indicating that
the participant could receive a rollover
from the plan.
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PART 1605—CORRECTION OF
ADMINISTRATIVE ERRORS
3. The authority citation for part 1605
is revised to read as follows:
I
Authority: 5 U.S.C. 8351, 8432a, and
8474(b)(5)(5) and (c)(1). Subpart B also issued
under section 1043(b) of Public Law 104–
106, 110 Stat. 186 and sec. 7202(m)(2) of
Public Law 101–508, 104 Stat. 1388.
4. Section 1605.14 is amended by
revising the third sentence of paragraph
(a)(1), revising paragraph (c)(2) and
adding paragraph (e) to read as follows:
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§ 1605.14 Misclassified retirement system
coverage.
(a) * * *
(1) * * * If the participant requests a
refund of employee contributions, the
employing agency must submit a
negative adjustment record to remove
these funds under the procedure
described in § 1605.12.
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(c) * * *
(2) Employer contributions in the
account are subject to the rules in
paragraph (a)(2) of this section.
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(e) The provisions of paragraph (c) of
this section shall apply to any TSP
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contributions relating to a period for
which an employee elects retroactive
Nonappropriated Fund retirement
coverage.
PART 1631—AVAILABILITY OF
RECORDS
5. The authority citation for part 1631
continues to read as follows:
I
[Amended]
I 11. In § 1655.15 ‘‘or’’ is added to the
end of paragraph (a)(5), a period
replaces the semicolon at the end of
paragraph (a)(6), ‘‘or’’ is removed from
the end of paragraph (a)(6), and
paragraph (a)(7) is removed.
PART 1690—THRIFT SAVINGS PLANS
12. The authority citation for part
1690 continues to read as follows:
I
Authority: 5 U.S.C. 552.
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§ 1655.15
6. Add § 1631.34 to read as follows:
§ 1631.34 Certification and authentication
of records.
(a) Upon request, the records
custodian or other qualified individual
shall authenticate copies of books,
records, papers, writings, and
documents by attaching a written
declaration that complies with current
Federal Rules of Evidence. No seal or
notarization shall be required. Copies of
any books, records, papers, or other
documents in the Federal Retirement
Thrift Investment Board shall be
admitted in evidence equally with the
originals thereof when authenticated in
this manner.
(b) Fees for copying and certification
are set forth in 5 CFR 1630.16.
PART 1651—DEATH BENEFITS
Authority: 5 U.S.C. 8474.
13. Amend § 1690.12 by revising the
second sentence in paragraph (b) and
the third sentence in paragraph (c) to
read as follows:
I
§ 1690.12
Power of attorney.
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(b) * * * Additional information
regarding general powers of attorney can
be accessed at https://www.tsp.gov.
(c) * * * Additional information
regarding special powers of attorney, as
well as a sample form, can be accessed
at https://www.tsp.gov.
[FR Doc. E7–18463 Filed 9–18–07; 8:45 am]
BILLING CODE 6760–01–P
DEPARTMENT OF HOMELAND
SECURITY
7. The authority citation for part 1651
continues to read as follows:
U.S. Customs and Border Protection
Authority: 5 U.S.C. 8424] (d), 8432(j),
8433(e), 8435(c)(2), 8474(b)(5) and 8474
(c)(1).
19 CFR Part 12
I
[CBP Dec. 07–77; USCBP–2007–0075]
RIN 1505–AB86
8. In § 1651.14, redesignate
paragraphs (g) and (h) as paragraphs (h)
and (i), and add new paragraph (g) to
read as follows:
Extension of Import Restrictions
Imposed on Archaeological Material
from Mali
§ 1651.14
AGENCIES:
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How payment is made.
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(g) Payment to inherited IRA on
behalf of a non-spouse beneficiary. If
payment is to an inherited IRA on
behalf of a non-spouse beneficiary, the
check will be made payable to the
account. Information pertaining to the
inherited IRA must be submitted by the
IRA trustee.
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PART 1655—LOAN PROGRAM
9. The authority citation for part 1655
continues to read as follows:
I
Authority: 5 U.S.C. 8433(g), 8439(a)(3) and
8474.
§ 1655.14
[Amended]
10. In § 1655.14, the third sentence of
paragraph (a) is removed.
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U.S. Customs and Border
Protection, Department of Homeland
Security; Department of the Treasury.
ACTION: Final rule.
SUMMARY: This document amends U.S.
Customs and Border Protection (CBP)
regulations to reflect both continuing
and new import restrictions on certain
archaeological material from Mali.
Import restrictions that were previously
imposed by Treasury Decision (T.D.)
97–80 and extended by T.D. 02–55, that
are due to expire on September 19,
2007, are extended. The Acting
Assistant Secretary for Educational and
Cultural Affairs, United States
Department of State, has made the
requisite determination for the
extension of import restrictions that
previously existed and for amending the
agreement so that it applies also to
material from archaeological sites
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throughout Mali, including those of the
Paleolithic Era (Stone Age),
necessitating additional subcategories of
stone objects in the Designated List.
Accordingly, these import restrictions
will remain in effect until September 19,
2012, and title 19 of the CBP regulations
is being amended to reflect this
amended bilateral agreement. These
restrictions are being extended pursuant
to determinations of the United States
Department of State made under the
terms of the 1970 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. This
document also contains the amended
Designated List of Archaeological
Material that describes the articles to
which the restrictions apply, including
the additional subcategories of stone
objects.
EFFECTIVE DATE: September 19, 2007.
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) 863–6558.
SUPPLEMENTARY INFORMATION:
Background
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
Mali on September 19, 1997, concerning
the imposition of import restrictions on
certain archaeological material in Mali
from the region of the Niger River Valley
and the Bandiagara Escarpment (Cliff).
On September 23, 1997, the former
United States Customs Service
published T.D. 97–80 in the Federal
Register (62 FR 49594), which amended
19 CFR 12.104g(a) to reflect the
imposition of these restrictions, and
included a list designating the types of
archaeological material covered by the
restrictions.
Import restrictions listed in 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 can be extended for additional
periods not to exceed five years if it is
determined that the factors which
justified the initial agreement still
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pertain and no cause for suspension of
the agreement exists’’ (19 CFR
12.104g(a)).
On September 20, 2002, the former
United States Customs Service
published T.D. 02–55 in the Federal
Register (67 FR 59159), which amended
19 CFR 12.104g(a) to reflect the
extension of these import restrictions for
an additional period of five years until
September 19, 2007.
Amended Bilateral Agreement
Consistent with a request from the
Government of the Republic of Mali and
with the findings and recommendations
of the Cultural Property Advisory
Committee, the Acting Assistant
Secretary for Educational and Cultural
Affairs, United States Department of
State, made the requisite Determinations
on July 3, 2007, that the cultural
heritage of Mali continues to be in
jeopardy from pillage that is occurring
at archaeological sites throughout the
country, and that, therefore, the import
restrictions on archaeological material
from sites in the region of the Niger
River Valley and the Bandiagara
Escarpment (Cliff), Mali, which were
previously imposed by Treasury
Decision (T.D.) 97–80 and extended by
T.D. 02–55, are extended for an
additional five year period until
September 19, 2012, and include
subcategories of stone objects from
archaeological sites throughout Mali
including those dating to the Paleolithic
Era (Stone Age). Newly threatened
archaeological sites include, but are not
limited to those located in and near: The
Tilemsi Valley; the Boucle du Baoule;
the Bura Band; Tondidarou; Teghaza;
Gao; Menaka; Karkarichinkat; Iforas
Massif (Adrar des Iforas); Es-Souk; and
Kidal. These sites represent a
continuum of civilizations from the
Paleolithic Era (Stone Age) to the
colonial occupation of the 18th century,
and lend an archaeological significance
to the region. Accordingly, the title of
the bilateral agreement was amended to
read: ‘‘Agreement between the
Government of the United States of
America and the Government of the
Republic of Mali Concerning the
Imposition of Import Restrictions on
Archaeological Material from Mali from
the Paleolithic Era (Stone Age) to
approximately the Mid-Eighteenth
Century.’’
By exchange of diplomatic notes the
Agreement will be extended and
amended. Accordingly, CBP is
amending 19 CFR 12.104g(a) to reflect
the extension of the import restrictions
on the currently protected cultural
property as well as the new
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subcategories, and sites in the amended
bilateral agreement.
Amended Designated List
The Designated List of articles that are
protected pursuant to the bilateral
agreement, as amended, on
Archaeological Material from Mali from
the Paleolithic Era (Stone Age) to
approximately the Mid-Eighteenth
Century has been revised and is
published below. We note that
subcategories of objects from
archaeological sites of the Paleolithic
Era (Stone Age) have been added,
pursuant to 19 U.S.C. 2606.
It is noted that the material identified
in T.D. 97–80 as ‘‘Archaeological
Material from the Region of the Niger
River Valley, Mali and the Bandiagara
Escarpment (Cliff), Mali’’ is now
referred to in the Determination to
Extend as ‘‘Archaeological Material
From Mali from the Paleolithic Era
(Stone Age) to approximately the MidEighteenth Century.’’
List of Archaeological Material From
Mali From the Paleolithic Era (Stone
Age) To Approximately the MidEighteenth Century
I. Ceramics/Terra Cotta/Fired Clay
Types of ceramic forms (stylistically
known as Djenne-jeno or Jenne,
Bankoni, Guimbala, Banamba,
Bougouni, Bura 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: 6–50 cm.)
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: 6–40 cm.)
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 cm.)
3. Bottles with a long neck and a belly
that is either globular or streamlined.
Some have lids shaped like a bird’s
head.
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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 Mali include,
but are not limited to:
A. Copper and Copper Alloy (Such as
Bronze).
1. Figures/Statues.
a. Anthropomorphic figures,
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.).
6. Finger rings.
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 from Mali include,
but are not limited to:
A. Carnelian beads (faceted).
B. Quartz lip plugs.
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C. Funerary stelae (headstones)
inscribed in Arabic.
D. Chipped lithics from the
Paleolithic and later eras including axes,
knives, scrapers, arrowheads, and cores.
E. Ground Stone from the Neolithic
and later eras including axes, adzes,
pestles, grinders, bracelets.
V. Glass Beads
A variety of glass beads have been
recovered at archaeological sites in
Mali.
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).
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.
More information on import
restrictions can be obtained from the
International Cultural Property
Protection Web site (https://
exchanges.state.gov/culprop). The
restrictions on the importation of these
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archaeological materials from Mali are
to continue in effect for an additional 5
years. Importation of such materials
continues to be restricted unless the
conditions set forth in 19 U.S.C. 2606
and 19 CFR 12.104c are met.
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
Because this rule involves a foreign
affairs function of the United States, it
is not subject to 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
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:
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PART 12—SPECIAL CLASSES OF
MERCHANDISE
1. The general authority citation for
part 12 and the specific authority
citation for § 12.104g continue to read as
follows:
I
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;
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Sections 12.104 through 12.104i also
issued under 19 U.S.C. 2612;
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§ 12.104g
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[Amended]
2A. In § 12.104g(a), the table of the list
of agreements imposing import
restrictions on described articles of
cultural property of State Parties is
amended in the entry for Mali by
removing the reference to ‘‘T.D. 97–80
extended by T.D. 02–55’’ and adding in
its place ‘‘CBP Dec. 07–77’’ in the
column headed ‘‘Decision No.’’.
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B. In § 12.104g(a), the table of the list
of agreements imposing import
restrictions on described articles of
cultural property of State Parties is
amended in the entry for Mali by
removing the reference to
‘‘Archaeological material from the Niger
River Valley Region, Mali, and the
Bandiagara Escarpment (Cliff) forming
part of the remains of the sub-Sahara
culture.’’ and adding in its place
‘‘Archaeological Material from Mali
from the Paleolithic Era (Stone Age) to
approximately the Mid-Eighteenth
Century’’ in the column headed
‘‘Cultural property’’.
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W. Ralph Basham,
Commissioner, U.S. Customs and Border
Protection.
Approved: September 14, 2007.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 07–4659 Filed 9–19–07; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF DEFENSE
Department of the Navy
32 CFR Part 750
[USN–2006–0038]
RIN 0703–AA78
General Claims Regulations
Department of the Navy, DoD.
ACTION: Interim Final Rule.
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AGENCY:
SUMMARY: This rule reflects
administrative changes to the
regulations concerning the
administrative processing and
consideration of claims on behalf of and
against the United States. The revisions
will ensure the proper administrative
processing and consideration of claims
on behalf of and against the United
States. This rule is being published by
the Department of the Navy for guidance
and interest of the public in accordance
with 5 U.S.C. 552(a)(1).
DATES: This rule is effective September
19, 2007. Comments must be received
by November 19, 2007.
ADDRESSES: You may submit comments,
identified by docket number and/or
Regulatory Information Number (RIN)
and title, by any of the following
methods: Federal eRulemaking Portal:
https://www.regulations.gov.
Follow the instructions for submitting
comments.
Mail: Federal Docket Management
System Office, 1160 Defense Pentagon,
Washington, DC 20301–1160.
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Instructions: All submissions received
must include the agency name and
docket number or RIN for this Federal
Register document. The general policy
for comments and other submissions
from members of the public is to make
these submissions available for public
viewing on the Internet at https://
regulations.gov as they are received
without change, including any personal
identifiers or contact information.
FOR FURTHER INFORMATION CONTACT: Mr.
Dan Fields, Head, Tort Claims Branch,
Claims and Tort Litigation Division
(Code 15), Office of the Judge Advocate
General, 1322 Patterson Avenue, SE.,
Washington Navy Yard, DC 20374,
telephone 202–685–4600.
SUPPLEMENTARY INFORMATION: Executive
Order 12866, ‘‘Regulatory Planning and
Review.’’ It has been determined that
the changes to 32 CFR part 750 are not
considered a ‘‘significant regulatory
action.’’ The rule does not:
(1) Have an annual effect on the
economy of $100 million or more or
adversely affect in a material way the
economy, a sector in the economy,
productivity, competition, jobs, the
environment, public health or safety, or
state, local, or tribal governments or
communities;
(2) Create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency;
(3) Materially alter the budgetary
impact of entitlements, grants, user fees,
or loan programs, or the rights and
obligations of the recipients thereof; or
(4) Raise novel legal or policy issues
arising out of legal mandates, the
President’s priorities, or the principles
set forth in this Executive Order.
Unfunded Mandates Reform Act (Sec.
202, Pub. L. 104–4). It has been certified
that 32 CFR part 750 does not contain
Federal Mandates that result in
expenditures by State, local and tribal
governments, in aggregate, or by the
private sector, of $100 million or more
in any one year.
Public Law 96–354, ‘‘Regulatory
Flexibility Act’’ (5 U.S.C. 601). It has
been determined that this rule is not
subject to the Regulatory Flexibility Act
(5 U.S.C. 601) because it would not, if
promulgated, have a significant
economic impact on a substantial
number of small entities. This rule
implements the processing of the proper
administrative processing and
consideration of claims on behalf of and
against the United States, and does not
economically impact the Federal
government’s relations with the private
sector.
Public Law 96–511, ‘‘Paperwork
Reduction Act’’ (44 U.S.C. Chapter 35).
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This rule does not impose collection of
information requirements for purposes
of the Paperwork Reduction Act (44
U.S.C. Chapter 35, 5 CFR part 1320).
Executive Order 13132, ‘‘Federalism’’.
It has been certified that 32 CFR part
750 does not have federalism
implications as set forth in Executive
Order 13132. This rule does not have
substantial direct effects on:
(1) The States;
(2) The relationship between the
National Government and the States; or
(3) The distribution of power and
responsibilities among the various
levels of Government.
List of Subjects in 32 CFR Part 750
Claims
Accordingly, 32 CFR part 750 is
amended to read as follows:
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PART 750—GENERAL CLAIMS
REGULATIONS
1. The authority citation for part 750
is revised to read as follows:
I
Authority: 5 U.S.C. 301, 5 U.S.C. 552, 10
U.S.C. 5013, and 5148.
Subpart A—General Provisions for
Claims
2. Section 750.1 is amended by
revising paragraph (a)(1), the first two
sentences of paragraph (a)(2), and
paragraph (a)(3), and by adding footnote
1 to read as follows:
I
§ 750.1
Scope of subpart A.
(a) General. (1) The Judge Advocate
General is responsible for the
administration and supervision of the
resolution of claims arising under the
Federal Tort Claims Act (subpart B of
this part), the Military Claims Act
(subpart C of this chapter), the
Nonscope Claims Act (subpart D of this
part), the Personnel Claims Act (part
751 of this chapter), the Foreign Claims
Act, the International Agreements
Claims Act pertaining to cost sharing of
claims pursuant to international
agreements, the Federal Claims
Collection Act (subpart A of part 757 of
this chapter), the Medical Care Recovery
Act and Health Care Services Incurred
on Behalf of Covered Beneficiaries:
Collection from Third-party Payers
(subpart B of part 757 of this chapter),
and postal claims.
(2) The Deputy Assistant Judge
Advocate General (Claims and Tort
Litigation) (Code 15) is the manager of
the Navy claims system established to
evaluate, adjudicate, and provide
litigation support for claims arising
under the acts listed above and is
responsible to the Judge Advocate
General for the management of that
E:\FR\FM\19SER1.SGM
19SER1
]]>Agencies
[Federal Register Volume 72, Number 181 (Wednesday, September 19, 2007)]
[Rules and Regulations]
[Pages 53414-53417]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-4659]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
19 CFR Part 12
[CBP Dec. 07-77; USCBP-2007-0075]
RIN 1505-AB86
Extension of Import Restrictions Imposed on Archaeological
Material from Mali
AGENCIES: U.S. Customs and Border Protection, Department of Homeland
Security; Department of the Treasury.
ACTION: Final rule.
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SUMMARY: This document amends U.S. Customs and Border Protection (CBP)
regulations to reflect both continuing and new import restrictions on
certain archaeological material from Mali. Import restrictions that
were previously imposed by Treasury Decision (T.D.) 97-80 and extended
by T.D. 02-55, that are due to expire on September 19, 2007, are
extended. The Acting Assistant Secretary for Educational and Cultural
Affairs, United States Department of State, has made the requisite
determination for the extension of import restrictions that previously
existed and for amending the agreement so that it applies also to
material from archaeological sites
[[Page 53415]]
throughout Mali, including those of the Paleolithic Era (Stone Age),
necessitating additional subcategories of stone objects in the
Designated List. Accordingly, these import restrictions will remain in
effect until September 19, 2012, and title 19 of the CBP regulations is
being amended to reflect this amended bilateral agreement. These
restrictions are being extended pursuant to determinations of the
United States Department of State made under the terms of the 1970
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.
This document also contains the amended Designated List of
Archaeological Material that describes the articles to which the
restrictions apply, including the additional subcategories of stone
objects.
EFFECTIVE DATE: September 19, 2007.
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) 863-6558.
SUPPLEMENTARY INFORMATION:
Background
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 Mali on September 19, 1997, concerning
the imposition of import restrictions on certain archaeological
material in Mali from the region of the Niger River Valley and the
Bandiagara Escarpment (Cliff). On September 23, 1997, the former United
States Customs Service published T.D. 97-80 in the Federal Register (62
FR 49594), which amended 19 CFR 12.104g(a) to reflect the imposition of
these restrictions, and included a list designating the types of
archaeological material covered by the restrictions.
Import restrictions listed in 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 can be
extended for additional periods not to exceed five years if it is
determined that the factors which justified the initial agreement still
pertain and no cause for suspension of the agreement exists'' (19 CFR
12.104g(a)).
On September 20, 2002, the former United States Customs Service
published T.D. 02-55 in the Federal Register (67 FR 59159), which
amended 19 CFR 12.104g(a) to reflect the extension of these import
restrictions for an additional period of five years until September 19,
2007.
Amended Bilateral Agreement
Consistent with a request from the Government of the Republic of
Mali and with the findings and recommendations of the Cultural Property
Advisory Committee, the Acting Assistant Secretary for Educational and
Cultural Affairs, United States Department of State, made the requisite
Determinations on July 3, 2007, that the cultural heritage of Mali
continues to be in jeopardy from pillage that is occurring at
archaeological sites throughout the country, and that, therefore, the
import restrictions on archaeological material from sites in the region
of the Niger River Valley and the Bandiagara Escarpment (Cliff), Mali,
which were previously imposed by Treasury Decision (T.D.) 97-80 and
extended by T.D. 02-55, are extended for an additional five year period
until September 19, 2012, and include subcategories of stone objects
from archaeological sites throughout Mali including those dating to the
Paleolithic Era (Stone Age). Newly threatened archaeological sites
include, but are not limited to those located in and near: The Tilemsi
Valley; the Boucle du Baoule; the Bura Band; Tondidarou; Teghaza; Gao;
Menaka; Karkarichinkat; Iforas Massif (Adrar des Iforas); Es-Souk; and
Kidal. These sites represent a continuum of civilizations from the
Paleolithic Era (Stone Age) to the colonial occupation of the 18th
century, and lend an archaeological significance to the region.
Accordingly, the title of the bilateral agreement was amended to read:
``Agreement between the Government of the United States of America and
the Government of the Republic of Mali Concerning the Imposition of
Import Restrictions on Archaeological Material from Mali from the
Paleolithic Era (Stone Age) to approximately the Mid-Eighteenth
Century.''
By exchange of diplomatic notes the Agreement will be extended and
amended. Accordingly, CBP is amending 19 CFR 12.104g(a) to reflect the
extension of the import restrictions on the currently protected
cultural property as well as the new subcategories, and sites in the
amended bilateral agreement.
Amended Designated List
The Designated List of articles that are protected pursuant to the
bilateral agreement, as amended, on Archaeological Material from Mali
from the Paleolithic Era (Stone Age) to approximately the Mid-
Eighteenth Century has been revised and is published below. We note
that subcategories of objects from archaeological sites of the
Paleolithic Era (Stone Age) have been added, pursuant to 19 U.S.C.
2606.
It is noted that the material identified in T.D. 97-80 as
``Archaeological Material from the Region of the Niger River Valley,
Mali and the Bandiagara Escarpment (Cliff), Mali'' is now referred to
in the Determination to Extend as ``Archaeological Material From Mali
from the Paleolithic Era (Stone Age) to approximately the Mid-
Eighteenth Century.''
List of Archaeological Material From Mali From the Paleolithic Era
(Stone Age) To Approximately the Mid-Eighteenth Century
I. Ceramics/Terra Cotta/Fired Clay
Types of ceramic forms (stylistically known as Djenne-jeno or
Jenne, Bankoni, Guimbala, Banamba, Bougouni, Bura 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: 6-50 cm.)
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: 6-40 cm.)
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 cm.)
3. Bottles with a long neck and a belly that is either globular or
streamlined. Some have lids shaped like a bird's head.
[[Page 53416]]
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 Mali include, but are not limited to:
A. Copper and Copper Alloy (Such as Bronze).
1. Figures/Statues.
a. Anthropomorphic figures, 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.).
6. Finger rings.
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 from Mali include, but are not limited to:
A. Carnelian beads (faceted).
B. Quartz lip plugs.
C. Funerary stelae (headstones) inscribed in Arabic.
D. Chipped lithics from the Paleolithic and later eras including
axes, knives, scrapers, arrowheads, and cores.
E. Ground Stone from the Neolithic and later eras including axes,
adzes, pestles, grinders, bracelets.
V. Glass Beads
A variety of glass beads have been recovered at archaeological
sites in Mali.
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).
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.
More information on import restrictions can be obtained from the
International Cultural Property Protection Web site (https://
exchanges.state.gov/culprop). The restrictions on the importation of
these archaeological materials from Mali are to continue in effect for
an additional 5 years. Importation of such materials continues to be
restricted unless the conditions set forth in 19 U.S.C. 2606 and 19 CFR
12.104c are met.
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
Because this rule involves a foreign affairs function of the United
States, it is not subject to 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;
* * * * *
Sections 12.104 through 12.104i also issued under 19 U.S.C.
2612;
* * * * *
Sec. 12.104g [Amended]
0
2A. In Sec. 12.104g(a), the table of the list of agreements imposing
import restrictions on described articles of cultural property of State
Parties is amended in the entry for Mali by removing the reference to
``T.D. 97-80 extended by T.D. 02-55'' and adding in its place ``CBP
Dec. 07-77'' in the column headed ``Decision No.''.
[[Page 53417]]
0
B. In Sec. 12.104g(a), the table of the list of agreements imposing
import restrictions on described articles of cultural property of State
Parties is amended in the entry for Mali by removing the reference to
``Archaeological material from the Niger River Valley Region, Mali, and
the Bandiagara Escarpment (Cliff) forming part of the remains of the
sub-Sahara culture.'' and adding in its place ``Archaeological Material
from Mali from the Paleolithic Era (Stone Age) to approximately the
Mid-Eighteenth Century'' in the column headed ``Cultural property''.
W. Ralph Basham,
Commissioner, U.S. Customs and Border Protection.
Approved: September 14, 2007.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 07-4659 Filed 9-19-07; 8:45 am]
BILLING CODE 9111-14-P
