Extension of Import Restrictions Imposed on Archaeological Material from Mali, 53414-53417 [07-4659]

Download as PDF 53414 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. * * * * * 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: I yshivers on PROD1PC66 with RULES § 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. * * * * * (c) * * * (2) Employer contributions in the account are subject to the rules in paragraph (a)(2) of this section. * * * * * (e) The provisions of paragraph (c) of this section shall apply to any TSP VerDate Aug<31>2005 15:05 Sep 18, 2007 Jkt 211001 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. I § 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. * * * * * (b) * * * Additional information regarding general powers of attorney can be accessed at http://www.tsp.gov. (c) * * * Additional information regarding special powers of attorney, as well as a sample form, can be accessed at http://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: I How payment is made. * * * * * (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. * * * * * 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. I PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 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 E:\FR\FM\19SER1.SGM 19SER1 Federal Register / Vol. 72, No. 181 / Wednesday, September 19, 2007 / Rules and Regulations yshivers on PROD1PC66 with RULES 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 VerDate Aug<31>2005 15:05 Sep 18, 2007 Jkt 211001 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 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 53415 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. E:\FR\FM\19SER1.SGM 19SER1 yshivers on PROD1PC66 with RULES 53416 Federal Register / Vol. 72, No. 181 / Wednesday, September 19, 2007 / Rules and Regulations 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. VerDate Aug<31>2005 15:05 Sep 18, 2007 Jkt 211001 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 (http:// exchanges.state.gov/culprop). The restrictions on the importation of these PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 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: I 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; * * * * * Sections 12.104 through 12.104i also issued under 19 U.S.C. 2612; * * § 12.104g * * * [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.’’. I E:\FR\FM\19SER1.SGM 19SER1 Federal Register / Vol. 72, No. 181 / Wednesday, September 19, 2007 / Rules and Regulations 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’’. I 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. yshivers on PROD1PC66 with RULES 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: http://www.regulations.gov. Follow the instructions for submitting comments. Mail: Federal Docket Management System Office, 1160 Defense Pentagon, Washington, DC 20301–1160. VerDate Aug<31>2005 15:05 Sep 18, 2007 Jkt 211001 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 http:// 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). PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 53417 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: I 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.

-----------------------------------------------------------------------

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 (http://
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