Import Restrictions Imposed on Certain Archaeological and Ethnological Material From Greece, 74691-74696 [2011-30905]

Download as PDF Federal Register / Vol. 76, No. 231 / Thursday, December 1, 2011 / Rules and Regulations emcdonald on DSK5VPTVN1PROD with RULES 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 Bolivia on December 4, 2001, concerning the imposition of import restrictions on certain archaeological and ethnological material from Bolivia. On December 7, 2001, the United States Customs Service published Treasury Decision (T.D.) 01–86 in the Federal Register (66 FR 63490), which amended 19 CFR 12.104g(a) to reflect the imposition of these restrictions and included a list designating the types of articles 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 August 26, 2011, after reviewing the findings and recommendations of the Cultural Property Advisory Committee, the Acting Assistant Secretary for Educational and Cultural Affairs, United States Department of State, concluding that the cultural heritage of Bolivia continues to be in jeopardy from pillage of certain archaeological and ethnological materials, made the necessary determination to extend the import restrictions for an additional five years. On November 10, 2011, diplomatic notes were exchanged reflecting the extension of those restrictions for an additional five-year period. Accordingly, CBP is amending 19 CFR 12.104g(a) to reflect the extension of the import restrictions. The Designated List of Archaeological and Ethnological Material from Bolivia covered by these import restrictions is set forth in T.D. 01–86. The Designated List and accompanying image database may also be found at the following Internet Web site address: http://exchanges.state.gov/ heritage/culprop/blfact.html. The restrictions on the importation of these archaeological and ethnological materials from Bolivia are to continue in effect through December 4, 2016. Importation of such material continues to be restricted unless the conditions set VerDate Mar<15>2010 17:21 Nov 30, 2011 Jkt 226001 74691 forth in 19 U.S.C. 2606 and 19 CFR 12.104c are met. DEPARTMENT OF HOMELAND SECURITY 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 under 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). U.S. Customs and Border Protection 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 the 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 1. The general authority citation for part 12 and the specific authority citation for § 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; * * * * * 2. In § 12.104g, paragraph (a), the table is amended in the entry for Bolivia by removing the words ‘‘extended by CBP Dec. 06–26’’ in the column headed ‘‘Decision No.’’ and adding in their place the words ‘‘extended by CBP Dec. 11–24 ’’. ■ Alan D. Bersin, Commissioner, U.S. Customs and Border Protection. Approved: November 28, 2011. Timothy E. Skud, Deputy Assistant Secretary of the Treasury. [FR Doc. 2011–30897 Filed 11–30–11; 8:45 am] BILLING CODE 9111–14–P PO 00000 Frm 00067 Fmt 4700 Sfmt 4700 DEPARTMENT OF THE TREASURY 19 CFR Part 12 [CBP Dec. 11–25] RIN 1515–AD84 Import Restrictions Imposed on Certain Archaeological and Ethnological Material From Greece U.S. Customs and Border Protection, Department of Homeland Security; Department of the Treasury. ACTION: Final rule. AGENCIES: This final rule amends the U.S. Customs and Border Protection (CBP) regulations to reflect the imposition of import restrictions on certain archaeological and ethnological material from the Hellenic Republic (Greece). These restrictions are being imposed pursuant to an agreement between the United States and Greece that has been entered into under the authority of the 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. The final rule amends CBP regulations by adding Greece to the list of countries for which a bilateral agreement has been entered into for imposing cultural property import restrictions. The final rule also contains the designated list that describes the types of archaeological and ethnological articles to which the restrictions apply. DATES: Effective Date: December 1, 2011. FOR FURTHER INFORMATION CONTACT: For legal aspects, George Frederick McCray, Esq., Chief, Cargo Security, Carriers & Immigration Branch, Regulations and Rulings, Office of International Trade, (202) 325–0082. For operational aspects: Michael Craig, Chief, Interagency Requirements Branch, Trade Policy and Programs, Office of International Trade, (202) 863–6558. SUPPLEMENTARY INFORMATION: SUMMARY: Background The value of cultural property, whether archaeological or ethnological in nature, is immeasurable. Such items often constitute the very essence of a society and convey important information concerning a people’s origin, history, and traditional setting. E:\FR\FM\01DER1.SGM 01DER1 74692 Federal Register / Vol. 76, No. 231 / Thursday, December 1, 2011 / Rules and Regulations emcdonald on DSK5VPTVN1PROD with RULES The importance and popularity of such items regrettably makes them targets of theft, encourages clandestine looting of archaeological sites, and results in their illegal export and import. The United States shares in the international concern for the need to protect endangered cultural property. The appearance in the United States of stolen or illegally exported artifacts from other countries where there has been pillage has, on occasion, strained our foreign and cultural relations. This situation, combined with the concerns of museum, archaeological, and scholarly communities, was recognized by the President and Congress. It became apparent that it was in the national interest for the United States to join with other countries to control illegal trafficking of such articles in international commerce. The United States joined international efforts and actively participated in deliberations resulting in 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 (823 U.N.T.S. 231 (1972)). U.S. acceptance of the 1970 UNESCO Convention was 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 Act). This was done to promote U.S. leadership in achieving greater international cooperation towards preserving cultural treasures that are of importance to the nations from where they originate and contribute to greater international understanding of our common heritage. Since the Act entered into force, import restrictions have been imposed on the archaeological and ethnological materials of a number of signatory nations. These restrictions have been imposed as a result of requests for protection received from those nations. More information on import restrictions can be found on the International Cultural Property Protection Web site (http://exchanges.state.gov/heritage/ culprop.html). This document announces that import restrictions are now being imposed on certain archaeological and ethnological materials from Greece. 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 July 12, 2011, the Assistant Secretary for Educational and Cultural Affairs, Department of State, made the VerDate Mar<15>2010 17:21 Nov 30, 2011 Jkt 226001 determinations required under the statute with respect to certain archaeological materials originating in Greece that are described in the designated list set forth below in this document. These determinations include the following: (1) That the cultural patrimony of Greece is in jeopardy from the pillage of archaeological materials representing Greece’s cultural heritage from the Upper Paleolithic (beginning approximately 20,000 B.C.) through the 15th century A.D. and ecclesiastical ethnological material representing Greece’s Byzantine culture (approximately the 4th century through the 15th century A.D.) (19 U.S.C. 2602(a)(1)(A)); (2) that the Greek 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 materials described in the determinations meet the statutory definition of ‘‘archaeological or ethnological material of the state party’’ (19 U.S.C. 2601(2)). The Agreement On July 17, 2011, the United States and Greece entered into a bilateral agreement pursuant to the provisions of 19 U.S.C. 2602(a)(2). Following completion of all internal legal requirements by the governments of Greece and the United States, the agreement entered into force on November 21, 2011, with the exchange of diplomatic notes. The agreement enables the promulgation of import restrictions on certain archaeological materials representing Greece’s cultural heritage from the Upper Paleolithic (beginning approximately 20,000 B.C.) through the 15th century A.D. and ecclesiastical ethnological material representing Greece’s Byzantine culture (approximately the 4th century through the 15th century A.D.) In this document, CBP announces that import restrictions are now being imposed on certain archaeological and ethnological materials from Greece for a period of 5 years from the date the bilateral agreement between the United States PO 00000 Frm 00068 Fmt 4700 Sfmt 4700 and Greece entered into force. Accordingly, CBP is amending 19 CFR 12.104g(a) to reflect this imposition of import restrictions. A list of the categories of archaeological and ethnological materials subject to the import restrictions (the Designated List) is set forth later in this document. Restrictions and Amendment to the Regulations In accordance with the Agreement, importation of materials designated below are subject to the restrictions of 19 U.S.C. 2606 and § 12.104g(a) of the Customs and Border Protection (CBP) 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 § 12.104c of the regulations (19 CFR 12.104c) are met. CBP is amending § 12.104g(a) of the CBP regulations (19 CFR 12.104g(a)) to indicate that these import restrictions have been imposed. Designated List of Material Encompassed in Import Restrictions The bilateral agreement between the United States and Greece includes, but is not limited to, the categories of objects described in the designated list set forth below. These categories of objects are subject to the import restrictions set forth above, in accordance with the above explained applicable law and the regulation amended in this document (19 CFR 12.104(g)(a)). The import restrictions cover complete objects and fragments thereof. I. Archaeological Material The archaeological materials represent the following periods, styles, and cultures: Upper Paleolithic, Neolithic, Minoan, Cycladic, Helladic, Mycenaean, Submycenaean, Geometric, Orientalizing, Archaic, Classical, Hellenistic, Roman, and Byzantine. A. Stone 1. Sculpture a. Architectural Elements—In marble, limestone, gypsum, and other kinds of stone. Types include acroterion, antefix, architrave, base, capital, caryatid, coffer, column, crowning, fountain, frieze, pediment, pilaster, mask, metope, mosaic and inlay, jamb, tile, triglyph, tympanum, basin, wellhead. Approximate date: 3rd millennium B.C. to 15th century A.D. b. Monuments—In marble, limestone, and other kinds of stone. Types include menhir, ‘‘horns of consecration,’’ votive statues, funerary and votive stelae, and bases and base revetments. These may E:\FR\FM\01DER1.SGM 01DER1 emcdonald on DSK5VPTVN1PROD with RULES Federal Register / Vol. 76, No. 231 / Thursday, December 1, 2011 / Rules and Regulations be painted, carved with relief sculpture, and/or carry dedicatory or funerary inscriptions. Approximate date: 3rd millennium B.C. to 15th century A.D. c. Sarcophagi—In marble, limestone, and other kinds of stone. Some have figural scenes painted on them, others have figural scenes carved in relief, and some just have decorative moldings. Approximate date: 3rd millennium B.C. to 15th century A.D. d. Large Statuary—Primarily in marble, also in limestone and sandstone, including fragments of statues. Subject matter includes human and animal figures and groups of figures in the round. Common types are largescale, free-standing statuary from approximately 1 m to 2.5 m in height and life-size busts (head and shoulders of an individual). The style may be naturalistic, as in the Classical Period, highly stylized, as in the Bronze Age culture of the Cyclades, or somewhere in between. Approximate date: 4th millennium B.C. to 15th century A.D. e. Small Statuary and Figurines—In marble and other stone. Subject matter includes human and animal figures and groups of figures in the round. These range from approximately 10 cm to 1 m in height. The style may be naturalistic, as in the Classical Period, highly stylized, as in the Bronze Age culture of the Cyclades, or somewhere in between. Approximate date: 20,000 B.C. to 15th century A.D. f. Reliefs—In marble and other stone. Types include carved slabs with figural, vegetative, floral, or decorative motifs, sometimes inscribed, and carved relief vases. Used for architectural decoration, funerary, votive, or commemorative monuments. Approximate date: 3rd millennium B.C. to 15th century A.D. g. Furniture—In marble and other stone. Types include tables, thrones, and beds. Approximate date: 12th century B.C. to 15th century A.D. 2. Vessels—In marble, steatite, rock crystal, and other stone. These may belong to conventional shapes such as bowls, cups, jars, jugs, and lamps, or may occur in the shape of an animal or part of an animal. Approximate date: 7th millennium B.C. to 15th century A.D. 3. Tools and Weapons—In flint/chert, obsidian, and other hard stones. Chipped stone types include blades, small blades, borers, scrapers, sickles, cores, and arrow heads. Ground stone types include grinders (e.g., mortars, pestles, millstones, whetstones), choppers, axes, hammers, and mace heads. Approximate date: 20,000 B.C. to 15th century B.C. 4. Seals and beads—In marble, limestone, and various semiprecious VerDate Mar<15>2010 17:21 Nov 30, 2011 Jkt 226001 stones including rock crystal, amethyst, jasper, agate, steatite, and carnelian. Approximate date: 6th millennium B.C. to 12th century B.C. B. Metal 1. Sculpture a. Large Statuary—Primarily in bronze, including fragments of statues. Subject matter includes human and animal figures and groups of figures in the round. Common types are largescale, free-standing statuary from approximately 1 m to 2.5 m in height and life-size busts (head and shoulders of an individual). Approximate date: 2nd millennium to 324 A.D. b. Small Statuary and Figurines— Subject matter includes human and animal figures, groups of figures in the round, masks, and plaques. These range from approximately 10 cm to 1 m in height. Approximate date: 3rd millennium B.C. to 324 A.D. c. Inscribed or Decorated Sheet Metal—In bronze or lead. Engraved inscriptions, ‘‘curse tablets,’’ and thin metal sheets with engraved or impressed designs often used as attachments to furniture. Approximate date: 4th millennium B.C. to 15th century A.D. 2. Vessels—In bronze, gold, and silver. These may belong to conventional shapes such as bowls, cups, jars, jugs, strainers, cauldrons, and lamps, or may occur in the shape of an animal or part of an animal. Approximate date: 5th millennium B.C. to 15th century A.D. 3. Personal Ornaments—In bronze, gold, and silver. Types include rings, beads, pendants, belts, belt buckles, earrings, diadems, spangles, straight and safety pins, necklace, mirror, wreath, cuff. Approximate date: 7th millennium B.C. to 15th century A.D. 4. Tools—In copper, bronze and iron. Types include hooks, weights, axes, scrapers, (strigils), trowels, keys and the tools of craftspersons such as carpenters, masons and metal smiths. Approximate date: 4th millennium B.C. to 15th century A.D. 5. Weapons and Armor—In copper, bronze and iron. Types include both launching weapons (spears and javelins) and weapons for hand-to-hand combat (swords, daggers, etc.). Armor includes body armor, such as helmets, cuirasses, shin guards, and shields, and horse armor often decorated with elaborate engraved, embossed, or perforated designs. Approximate date: 6th millennium B.C. to 30 B.C. 6. Seals—In lead, tin, copper, bronze, silver, and gold. Types include rings, amulets, and seals with shank. PO 00000 Frm 00069 Fmt 4700 Sfmt 4700 74693 Approximate date: Approximate date: 4th millennium B.C. to 15th century A.D. 7. Coins—Many of the mints of the listed coins can be found in B.V. Head, Historia Numorum: A Manual of Greek Numismatics (London, 1911) and C.M. Kraay, Archaic and Classical Greek Coins (London, 1976). Many of the Roman provincial mints in Greece are listed in A. Burnett et al., Roman Provincial Coinage I: From the Death of Caesar to the Death of Vitellius (44 BC– AD 69) (London, 1992) and id., Roman Provincial Coinage II: From Vespasian to Domitian (AD 69–96) (London, 1999). a. Greek Bronze Coins—Struck by city-states, leagues, and kingdoms that operated in territory of the modern Greek state (including the ancient territories of the Peloponnese, Central Greece, Thessaly, Epirus, Crete and those parts of the territories of ancient Macedonia, Thrace and the Aegean islands that lay within the boundaries of the modern Greek state). Approximate date: 5th century B.C. to late 1st century B.C. b. Greek Silver Coins—This category includes the small denomination coins of the city-states of Aegina, Athens, and Corinth, and the Kingdom of Macedonia under Philip II and Alexander the Great. Such coins weigh less than approximately 10 grams and are known as obols, diobols, triobols, hemidrachms, and drachms. Also included are all denominations of coins struck by the other city-states, leagues, and kingdoms that operated in the territory of the modern Greek state (including the ancient territories of the Peloponnese, Central Greece, Thessaly, Epirus, Crete, and those parts of the territories of ancient Macedonia, Thrace and the Aegean islands that lie within the boundaries of the modern Greek state). Approximate date: 6th century B.C. to late 1st century B.C. c. Roman Coins Struck in Greece—In silver and bronze, struck at Roman and Roman provincial mints that operated in the territory of the modern Greek state (including the ancient territories of the Peloponnese, Central Greece, Thessaly, Epirus, Crete, and those parts of the territories of ancient Macedonia, Thrace and the Aegean islands that lie within the boundaries of the modern Greek state). Approximate date: late 2nd century B.C. to 3rd century A.D. C. Ceramic 1. Sculpture a. Architectural Elements—Baked clay (terracotta) elements used to decorate buildings. Elements include acroteria, antefixes, painted and relief plaques, E:\FR\FM\01DER1.SGM 01DER1 74694 Federal Register / Vol. 76, No. 231 / Thursday, December 1, 2011 / Rules and Regulations emcdonald on DSK5VPTVN1PROD with RULES metopes, cornices, roof tiles, and revetments. Approximate date: 3rd millennium B.C. to 30 B.C. b. Large Statuary—Subject matter includes human and animal figures and groups of figures in the round. Common types are large-scale, free-standing statuary from approximately 1 m to 2.5 m in height and life-size busts (head and shoulders of an individual). Approximate date: 3rd millennium B.C. to 30 B.C. c. Small Statuary—Subject matter is varied and includes human and animal figures, human body parts, groups of figures in the round, shrines, houses, and chariots. Includes Mycenaean and later Tanagra figurines. These range from approximately 10 cm to 1 m in height. Approximate date: 7th millennium B.C. to 324 A.D. d. Sarcophagi—Block- or tub-shaped chests, often painted, known as larnax (plural, larnakes). Approximate date: 3rd millennium B.C. to 30 B.C. 2. Vessels a. Neolithic Pottery—Handmade, often decorated with a lustrous burnish, ´ decorated with applique and/or incision, sometimes with added paint. These come in a variety of shapes from simple bowls and vases with three or for legs to handled scoops and large storage jars. Approximate date: 7th millennium B.C. to 3rd millennium B.C. b. Minoan, Cycladic, and Mycenaean Pottery—Handmade and wheelmade pottery in shapes for tableware, serving, storing, and processing, with lustrous ´ burnished, matte, applique, incised, and painted decoration; includes local styles such as Kamares ware, Pictorial Style, and extraordinary shapes such as ‘‘frying pans’’ and ‘‘kernoi.’’ Approximate dates: 4th millennium B.C. to 12th century B.C. c. ‘‘Submycenean’’ and Pottery of the Geometric Period (including ‘‘subGeometric’’).—Handmade and wheelmade pottery that succeeds the styles of the Late Bronze Age and is produced in decorated and undecorated styles, often reflecting that of the Late Bronze Age but predominately using compasses for circles and linear ‘‘geometric’’ decoration, as well as schematic representations of humans, animals and birds. Approximate dates: 12th century B.C. to 7th century B.C. d. Attic Black Figure, Red Figure and White Ground Pottery—These are made in a specific set of shapes (e.g. amphorae, kraters, hydriae, oinochoi, kylikes) decorated with black painted figures on a clear clay ground (Black Figure), decorative elements in reserve with background fired black (Red Figure), and multi-colored figures VerDate Mar<15>2010 17:21 Nov 30, 2011 Jkt 226001 painted on a white ground (White Ground). Approximate date: 6th century B.C. to 4th century B.C. e. Corinthian Pottery—Painted pottery made in Corinth in a specific range of shapes for perfume and unguents and for drinking or pouring liquids. The very characteristic painted and incised designs depict human and animal figural scenes, rows of animals, and floral decoration. Approximate date: 8th century B.C. to 6th century B.C. f. West Slope Ware—This ware is named after a type of pottery from the west slope of the Athenian Acropolis. It has a black-glaze with relief and polychrome decoration and was produced first in Athens in the fourth century B.C., but the style is also manufactured elsewhere, such as at Corinth, Macedonia and Crete down to the first century. Approximate date: 4th century—1st century B.C. g. Byzantine Pottery—Includes undecorated plain wares, utilitarian, tableware, serving and storage jars, special shapes such as pilgrim flasks. and can be matte painted or glazed, including incised ‘‘sgraffitto’’ and stamped with elaborate polychrome decorations using floral, geometric, human, and animal motifs; it is generally locally manufactured, though places like Corinth were major producers. Approximate date: 324 A.D. to 15th century. 3. Inscriptions—These are typically unbaked and should be handled with extreme care, even when hard-fired through accidental burning. They typically take the form of tablets shaped like leaves or rectangular or square and they are often lined, with incised, and sometimes stamped, characters known as ‘‘Linear A’’ and ‘‘Linear B.’’ Approximate date: 2nd millennium B.C. to 12th century B.C. D. Bone, Ivory, and Other Organics 1. Small Statuary and Figurines— Subject matter includes human and animal figures and groups of figures in the round. These range from approximately 10 cm to 1 m in height. Approximate date: 7th millennium B.C. to 15th century A.D. 2. Personal Ornaments—In bone, ivory, and spondylus shell. Types include amulets, combs, pins, spoons, small containers, bracelets, buckles, and beads. Approximate date: 7th millennium B.C. to 15th century A.D. 3. Seals and Stamps—Small devices with at least one side engraved with a design for stamping or sealing; they can be discoid, cuboid, conoid, or in the shape and animals or fantastic creatures (e.g. a scarab). Approximate date: 7th PO 00000 Frm 00070 Fmt 4700 Sfmt 4700 millennium B.C. to 2nd millennium B.C. 4. Musical Instruments—In bone, ivory and tortoise shell. Types include pipe and flute. Approximate date: 3rd millennium B.C. to 15th century A.D. 5. Vessels made of ostrich egg shell. Approximate date: 3rd millennium B.C. to 2nd millennium B.C. E. Glass and Faience 1. Vessels—Shapes include small jars, bowls, animal shaped, goblet, spherical, candle holders, perfume jars (unguentaria). Approximate date: 2nd millennium to 15th century A.D. 2. Beads—Globular and relief beads. Approximate date: 2nd millennium B.C. F. Textile Clothing or fragments of clothing or carpets or cloth for hanging. Approximate date: 1100 B.C. to 15th century A.D. G. Papyrus Documents Documents made from papyrus and written upon in ink; these are often rolled, fragmentary, and should be handled with extreme care. Approximately 7th century B.C. to 324 A.D. H. Paintings 1. Domestic and Public Wall Painting—These are painted on mudplaster, lime plaster (wet—buon fresco—and dry—secco fresco); types include simple applied color, bands and borders, landscapes, scenes of people and/or animals in natural or built settings. Approximate date: 3rd millennium B.C. to 324 A.D. 2. Tomb Paintings—Paintings on plaster or stone, sometimes geometric or floral but usually depicting gods, goddesses, or funerary scenes. Approximate date: 2nd millennium B.C. to 500 A.D. 3. Panel Paintings on wood depicting gods, goddesses, or funerary scenes. Approximate date: 1st millennium B.C. to 324 A.D. I. Mosaics Floor mosaics including landscapes, scenes of humans or gods, and activities such as hunting and fishing. There may also be vegetative, floral, or decorative motifs. Approximate date: 5th century B.C. to 500 A.D. II. Byzantine Ecclesiastical Ethnological Material The ecclesiastical ethnological materials represent the Early Christian and Byzantine periods and include objects made from 324 A.D. through the 15th century A.D. E:\FR\FM\01DER1.SGM 01DER1 74695 Federal Register / Vol. 76, No. 231 / Thursday, December 1, 2011 / Rules and Regulations A. Stone 1. Architectural elements—In marble and other stone, including upright ‘‘closure’’ slabs, circular marking slabs omphalion, which may be decorated with crosses, human, or animal figures. 2. Monuments—In marble and other stone; types such as funerary inscriptions. 3. Vessels – Containers for holy water. 4. Reliefs—Carved as icons in which religious figures predominate in the figural decoration. B. Metal 1. Reliefs—Cast as icons in which religious figures predominate in the figural decoration. 2. Boxes—Containers of gold and silver, used as reliquaries for sacred human remains. 3. Vessels—Containers of lead, which carried aromatic oils and are called ‘‘pilgrim flasks.’’ 4. Ceremonial paraphernalia—In bronze, silver, and gold including censers (incense burners), book covers, liturgical crosses, archbishop’s crowns, buckles, and chests. These are often decorated with molded or incised geometric motifs or scenes from the Bible, and encrusted with semi-precious or precious stones. The gems themselves may be engraved with religious figures or inscriptions. Ecclesiastical treasure may include all of the above, as well as rings, earrings, and necklaces (some decorated with ecclesiastical themes) and other implements (e.g., spoons). C. Ceramic Vessels which carried aromatic oils and are called ‘‘pilgrim flasks.’’ D. Bone and Ivory Objects Ceremonial paraphernalia including boxes, reliquaries (and their contents), plaques, pendants, candelabra, stamp rings, crosses. Carved and engraved decoration includes religious figures, scenes from the Bible, and floral and geometric designs. E. Wood Wooden objects include architectural elements such as painted wood screens (iconstasis), carved doors, crosses, painted wooden beams from churches or monasteries, furniture such as thrones, chests and other objects, including musical instruments. Religious figures predominate in the painted and carved figural decoration. Ecclesiastical furniture and architectural elements may also be decorated with geometric or floral designs. F. Glass Vessels of glass include lamps and candle sticks. emcdonald on DSK5VPTVN1PROD with RULES * VerDate Mar<15>2010 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 G. Textile Robes, vestments and altar clothes are often of a fine fabric and richly embroidered in silver and gold. Embroidered designs include religious motifs and floral and geometric designs. Because this rule involves a foreign affairs function of the United States, it is not subject to Executive Order 12866. H. Parchment Documents such as illuminated manuscripts occur in single leaves or bound as a book or ‘‘codex.’’ and are written or painted on animal skins (cattle, sheep/goat, camel) known as parchment. List of Subjects in 19 CFR Part 12 I. Painting 1. Wall paintings—On various kinds of plaster and which generally portray religious images and scenes of Biblical events. Surrounding paintings may contain animal, floral, or geometric designs, including borders and bands. 2. Panel Paintings (Icons)—Smaller versions of the scenes on wall paintings, and may be partially covered with gold or silver, sometimes encrusted with semi-precious or precious stones and are usually painted on a wooden panel, often for inclusion in a wooden screen (iconastasis). 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: J. Mosaics Wall mosaics generally portray religious images and scenes of Biblical events. Surrounding panels may contain animal, floral, or geometric designs. They are made from stone and glass cut into small bits (tesserae) and laid into a plaster matrix. * Inapplicability of Notice and Delayed Effective Date This amendment involves a foreign affairs function of the United States and § 12.104g Specific items or categories designated by agreements or emergency actions. State party * Greece (Hellenic Republic). 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). Signing Authority This regulation is being issued in accordance with 19 CFR 0.1(a)(1). Cultural property, Customs duties and inspection, Imports, Prohibited merchandise, Reporting and recordkeeping requirements. Amendment to CBP Regulations 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: ■ 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; * * * * * ■ 2. In § 12.104g, paragraph (a), the table is amended by adding Greece (Hellenic Republic) to the list in appropriate alphabetical order as follows: (a) * * * Cultural property Decision No. * * * * * Archaeological materials representing Greece’s cultural heritage from the Upper Paleolithic (beginning approximately 20,000 B.C.) through the 15th century A.D. and ecclesiastical ethnological material representing Greece’s Byzantine culture (approximately the 4th century through the 15th century A.D.). * 17:21 Nov 30, 2011 * Jkt 226001 PO 00000 * Frm 00071 Fmt 4700 * Sfmt 4700 E:\FR\FM\01DER1.SGM * 01DER1 * CBP Dec. 11–25 * 74696 1321. These regulations are designed to ensure that there is a sufficient supply Alan D. Bersin, of controlled substances for legitimate Commissioner, U.S. Customs and Border medical, scientific, research, and Protection. industrial purposes and to deter the Approved: November 28, 2011. diversion of controlled substances to Timothy E. Skud, illegal purposes. Deputy Assistant Secretary of the Treasury. The CSA mandates that DEA establish [FR Doc. 2011–30905 Filed 11–30–11; 8:45 am] a closed system of control for BILLING CODE 9111–14–P manufacturing, distributing, and dispensing controlled substances. Any person who manufactures, distributes, DEPARTMENT OF JUSTICE dispenses, imports, exports, or conducts research or chemical analysis with Drug Enforcement Administration controlled substances must register with DEA (unless exempt) and comply with 21 CFR Part 1314 the applicable requirements for the [Docket No. DEA–328] activity. The CSA as amended also requires DEA to regulate the RIN 1117–AB25 manufacture and distribution of chemicals that may be used to Implementation of the manufacture controlled substances Methamphetamine Production illegally. Listed chemicals that are Prevention Act of 2008 classified as List I chemicals are AGENCY: Drug Enforcement important to the manufacture of Administration (DEA), Justice. controlled substances. Those classified ACTION: Final rule. as List II chemicals may be used to SUMMARY: In October 2008, the President manufacture controlled substances. signed the Methamphetamine Background Production Prevention Act of 2008 On March 9, 2006, the President (MPPA), which clarifies the information signed the Combat Methamphetamine entry and signature requirements for electronic logbook systems permitted for Epidemic Act of 2005 (CMEA), which is Title VII of the USA PATRIOT the retail sale of scheduled listed Improvement and Reauthorization Act chemical products. On March 23, 2010, DEA published a Notice of Proposed of 2005 (Pub. L. 109–177). CMEA Rulemaking to implement the amended the CSA to regulate the sale of provisions of the MPPA and make its products that contain ephedrine, regulations consistent with the new pseudoephedrine, and requirements. This action finalizes phenylpropanolamine, their salts, without change the Notice of Proposed optical isomers, and salts of optical Rulemaking published on March 23, isomers, that may be marketed or 2010. The Final Rule will make it easier distributed lawfully in the United States for regulated sellers to maintain under the Federal Food, Drug, and electronic logbooks by allowing greater Cosmetic Act as nonprescription drugs. flexibility as to how information may be CMEA defines these products as captured. ‘‘scheduled listed chemical products’’ (21 U.S.C. 802(45)). Ephedrine, DATES: Effective Date: January 3, 2012. pseudoephedrine, and FOR FURTHER INFORMATION CONTACT: phenylpropanolamine are List I Rhea D. Moore, Office of Diversion chemicals because they are used in, and Control, Drug Enforcement Administration, 8701 Morrissette Drive, important to, the illegal manufacture of methamphetamine and amphetamine, Springfield, Virginia 22152; Telephone both Schedule II controlled substances. (202) 307–7165. The Methamphetamine Production SUPPLEMENTARY INFORMATION: Prevention Act of 2008 (MPPA) (Pub. L. DEA’s Legal Authority 110–415) was enacted in 2008 to clarify the information entry and signature DEA implements the Comprehensive Drug Abuse Prevention and Control Act requirements for electronic logbook systems permitted for the retail sale of of 1970, often referred to as the scheduled listed chemical products. On Controlled Substances Act (CSA) and March 23, 2010, DEA published a the Controlled Substances Import and Export Act (CSIEA) (21 U.S.C. 801–971), Notice of Proposed Rulemaking to implement the provisions of the MPPA as amended. DEA publishes the and make its regulations consistent with implementing regulations for these the new requirements. 75 FR 13702. statutes in Title 21 of the Code of Federal Regulations (CFR), Parts 1300 to This finalizes that proposed rulemaking. * emcdonald on DSK5VPTVN1PROD with RULES Federal Register / Vol. 76, No. 231 / Thursday, December 1, 2011 / Rules and Regulations * * VerDate Mar<15>2010 * * 17:21 Nov 30, 2011 Jkt 226001 PO 00000 Frm 00072 Fmt 4700 Sfmt 4700 Requirements for Retail Sales of Scheduled Listed Chemical Products CMEA defines nonprescription drug products marketed or distributed lawfully in the United States under the Federal Food, Drug, and Cosmetic Act containing ephedrine, pseudoephedrine, or phenylpropanolamine as ‘‘scheduled listed chemical products’’ (21 U.S.C. 802(45)). Direct, in-person sales to a customer, whether by a regulated seller (e.g., grocery store, general merchandise store, drug store) (21 U.S.C. 802(46), (49)) or a mobile retail vendor (e.g., kiosk, flea market), (21 U.S.C. 802(47)) are subject to requirements for training of employees who either are responsible for delivering scheduled listed chemical products into the custody of purchasers or who deal directly with purchasers by obtaining payments for the products (21 U.S.C. 830(e)(1)(A)(vii)). The regulated seller must certify to DEA that the employees have been trained (21 U.S.C. 830(e)(1)(B)). These regulated sellers must also check identifications of purchasers and maintain specific records (the logbook) of each sale of scheduled listed chemical products (21 U.S.C. 830(e)(1)(A)). The only sales exempt from recordkeeping are sales of single packages where the package contains not more than 60 milligrams of pseudoephedrine (21 U.S.C. 830(e)(1)(A)(iii)). On September 26, 2006, DEA published in the Federal Register an Interim Final Rule, ‘‘Retail Sales of Scheduled Listed Chemical Products; Self-Certification of Regulated Sellers of Scheduled Listed Chemical Products’’ (71 FR 56008; corrected at 71 FR 60609, October 13, 2006). That rule incorporated the standards set forth by the CMEA, requiring regulated sellers of scheduled listed chemical products to maintain logbooks regarding their sales on and after September 30, 2006. If a regulated seller maintains the logbook on paper, DEA requires that the book be bound, as is currently the case for records of sales of Schedule V controlled substances that are sold without a prescription (21 CFR 1314.30(a)(2)). The records must be readily retrievable and available for inspection and copying by DEA or other State or local law enforcement agencies (21 U.S.C. 830(e)(1)(C)(i), 21 CFR 1314.30(i)). Logs must be kept for not fewer than two years from the date the entry was made (21 CFR 1314.30(g)). CMEA required the logs include the information entered by the purchaser (name, address, signature, date and time of sale) and the quantity and form of the product sold. E:\FR\FM\01DER1.SGM 01DER1

Agencies

[Federal Register Volume 76, Number 231 (Thursday, December 1, 2011)]
[Rules and Regulations]
[Pages 74691-74696]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-30905]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Part 12

[CBP Dec. 11-25]
RIN 1515-AD84


Import Restrictions Imposed on Certain Archaeological and 
Ethnological Material From Greece

AGENCIES: U.S. Customs and Border Protection, Department of Homeland 
Security; Department of the Treasury.

ACTION: Final rule.

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

SUMMARY: This final rule amends the U.S. Customs and Border Protection 
(CBP) regulations to reflect the imposition of import restrictions on 
certain archaeological and ethnological material from the Hellenic 
Republic (Greece). These restrictions are being imposed pursuant to an 
agreement between the United States and Greece that has been entered 
into under the authority of the 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. The final rule amends CBP 
regulations by adding Greece to the list of countries for which a 
bilateral agreement has been entered into for imposing cultural 
property import restrictions. The final rule also contains the 
designated list that describes the types of archaeological and 
ethnological articles to which the restrictions apply.

DATES: Effective Date: December 1, 2011.

FOR FURTHER INFORMATION CONTACT: For legal aspects, George Frederick 
McCray, Esq., Chief, Cargo Security, Carriers & Immigration Branch, 
Regulations and Rulings, Office of International Trade, (202) 325-0082. 
For operational aspects: Michael Craig, Chief, Interagency Requirements 
Branch, Trade Policy and Programs, Office of International Trade, (202) 
863-6558.

SUPPLEMENTARY INFORMATION:

Background

    The value of cultural property, whether archaeological or 
ethnological in nature, is immeasurable. Such items often constitute 
the very essence of a society and convey important information 
concerning a people's origin, history, and traditional setting.

[[Page 74692]]

The importance and popularity of such items regrettably makes them 
targets of theft, encourages clandestine looting of archaeological 
sites, and results in their illegal export and import.
    The United States shares in the international concern for the need 
to protect endangered cultural property. The appearance in the United 
States of stolen or illegally exported artifacts from other countries 
where there has been pillage has, on occasion, strained our foreign and 
cultural relations. This situation, combined with the concerns of 
museum, archaeological, and scholarly communities, was recognized by 
the President and Congress. It became apparent that it was in the 
national interest for the United States to join with other countries to 
control illegal trafficking of such articles in international commerce.
    The United States joined international efforts and actively 
participated in deliberations resulting in 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 (823 U.N.T.S. 231 
(1972)). U.S. acceptance of the 1970 UNESCO Convention was 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 Act). This was done 
to promote U.S. leadership in achieving greater international 
cooperation towards preserving cultural treasures that are of 
importance to the nations from where they originate and contribute to 
greater international understanding of our common heritage.
    Since the Act entered into force, import restrictions have been 
imposed on the archaeological and ethnological materials of a number of 
signatory nations. These restrictions have been imposed as a result of 
requests for protection received from those nations. More information 
on import restrictions can be found on the International Cultural 
Property Protection Web site (http://exchanges.state.gov/heritage/culprop.html).
    This document announces that import restrictions are now being 
imposed on certain archaeological and ethnological materials from 
Greece.

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 July 12, 2011, the 
Assistant Secretary for Educational and Cultural Affairs, Department of 
State, made the determinations required under the statute with respect 
to certain archaeological materials originating in Greece that are 
described in the designated list set forth below in this document. 
These determinations include the following: (1) That the cultural 
patrimony of Greece is in jeopardy from the pillage of archaeological 
materials representing Greece's cultural heritage from the Upper 
Paleolithic (beginning approximately 20,000 B.C.) through the 15th 
century A.D. and ecclesiastical ethnological material representing 
Greece's Byzantine culture (approximately the 4th century through the 
15th century A.D.) (19 U.S.C. 2602(a)(1)(A)); (2) that the Greek 
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 materials described in the 
determinations meet the statutory definition of ``archaeological or 
ethnological material of the state party'' (19 U.S.C. 2601(2)).

The Agreement

    On July 17, 2011, the United States and Greece entered into a 
bilateral agreement pursuant to the provisions of 19 U.S.C. 2602(a)(2). 
Following completion of all internal legal requirements by the 
governments of Greece and the United States, the agreement entered into 
force on November 21, 2011, with the exchange of diplomatic notes. The 
agreement enables the promulgation of import restrictions on certain 
archaeological materials representing Greece's cultural heritage from 
the Upper Paleolithic (beginning approximately 20,000 B.C.) through the 
15th century A.D. and ecclesiastical ethnological material representing 
Greece's Byzantine culture (approximately the 4th century through the 
15th century A.D.) In this document, CBP announces that import 
restrictions are now being imposed on certain archaeological and 
ethnological materials from Greece for a period of 5 years from the 
date the bilateral agreement between the United States and Greece 
entered into force. Accordingly, CBP is amending 19 CFR 12.104g(a) to 
reflect this imposition of import restrictions.
    A list of the categories of archaeological and ethnological 
materials subject to the import restrictions (the Designated List) is 
set forth later in this document.

Restrictions and Amendment to the Regulations

    In accordance with the Agreement, importation of materials 
designated below are subject to the restrictions of 19 U.S.C. 2606 and 
Sec.  12.104g(a) of the Customs and Border Protection (CBP) 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 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.

Designated List of Material Encompassed in Import Restrictions

    The bilateral agreement between the United States and Greece 
includes, but is not limited to, the categories of objects described in 
the designated list set forth below. These categories of objects are 
subject to the import restrictions set forth above, in accordance with 
the above explained applicable law and the regulation amended in this 
document (19 CFR 12.104(g)(a)). The import restrictions cover complete 
objects and fragments thereof.

I. Archaeological Material

    The archaeological materials represent the following periods, 
styles, and cultures: Upper Paleolithic, Neolithic, Minoan, Cycladic, 
Helladic, Mycenaean, Submycenaean, Geometric, Orientalizing, Archaic, 
Classical, Hellenistic, Roman, and Byzantine.

A. Stone

1. Sculpture
    a. Architectural Elements--In marble, limestone, gypsum, and other 
kinds of stone. Types include acroterion, antefix, architrave, base, 
capital, caryatid, coffer, column, crowning, fountain, frieze, 
pediment, pilaster, mask, metope, mosaic and inlay, jamb, tile, 
triglyph, tympanum, basin, wellhead. Approximate date: 3rd millennium 
B.C. to 15th century A.D.
    b. Monuments--In marble, limestone, and other kinds of stone. Types 
include menhir, ``horns of consecration,'' votive statues, funerary and 
votive stelae, and bases and base revetments. These may

[[Page 74693]]

be painted, carved with relief sculpture, and/or carry dedicatory or 
funerary inscriptions. Approximate date: 3rd millennium B.C. to 15th 
century A.D.
    c. Sarcophagi--In marble, limestone, and other kinds of stone. Some 
have figural scenes painted on them, others have figural scenes carved 
in relief, and some just have decorative moldings. Approximate date: 
3rd millennium B.C. to 15th century A.D.
    d. Large Statuary--Primarily in marble, also in limestone and 
sandstone, including fragments of statues. Subject matter includes 
human and animal figures and groups of figures in the round. Common 
types are large-scale, free-standing statuary from approximately 1 m to 
2.5 m in height and life-size busts (head and shoulders of an 
individual). The style may be naturalistic, as in the Classical Period, 
highly stylized, as in the Bronze Age culture of the Cyclades, or 
somewhere in between. Approximate date: 4th millennium B.C. to 15th 
century A.D.
    e. Small Statuary and Figurines--In marble and other stone. Subject 
matter includes human and animal figures and groups of figures in the 
round. These range from approximately 10 cm to 1 m in height. The style 
may be naturalistic, as in the Classical Period, highly stylized, as in 
the Bronze Age culture of the Cyclades, or somewhere in between. 
Approximate date: 20,000 B.C. to 15th century A.D.
    f. Reliefs--In marble and other stone. Types include carved slabs 
with figural, vegetative, floral, or decorative motifs, sometimes 
inscribed, and carved relief vases. Used for architectural decoration, 
funerary, votive, or commemorative monuments. Approximate date: 3rd 
millennium B.C. to 15th century A.D.
    g. Furniture--In marble and other stone. Types include tables, 
thrones, and beds. Approximate date: 12th century B.C. to 15th century 
A.D.
    2. Vessels--In marble, steatite, rock crystal, and other stone. 
These may belong to conventional shapes such as bowls, cups, jars, 
jugs, and lamps, or may occur in the shape of an animal or part of an 
animal. Approximate date: 7th millennium B.C. to 15th century A.D.
    3. Tools and Weapons--In flint/chert, obsidian, and other hard 
stones. Chipped stone types include blades, small blades, borers, 
scrapers, sickles, cores, and arrow heads. Ground stone types include 
grinders (e.g., mortars, pestles, millstones, whetstones), choppers, 
axes, hammers, and mace heads. Approximate date: 20,000 B.C. to 15th 
century B.C.
    4. Seals and beads--In marble, limestone, and various semiprecious 
stones including rock crystal, amethyst, jasper, agate, steatite, and 
carnelian. Approximate date: 6th millennium B.C. to 12th century B.C.

B. Metal

1. Sculpture
    a. Large Statuary--Primarily in bronze, including fragments of 
statues. Subject matter includes human and animal figures and groups of 
figures in the round. Common types are large-scale, free-standing 
statuary from approximately 1 m to 2.5 m in height and life-size busts 
(head and shoulders of an individual). Approximate date: 2nd millennium 
to 324 A.D.
    b. Small Statuary and Figurines--Subject matter includes human and 
animal figures, groups of figures in the round, masks, and plaques. 
These range from approximately 10 cm to 1 m in height. Approximate 
date: 3rd millennium B.C. to 324 A.D.
    c. Inscribed or Decorated Sheet Metal--In bronze or lead. Engraved 
inscriptions, ``curse tablets,'' and thin metal sheets with engraved or 
impressed designs often used as attachments to furniture. Approximate 
date: 4th millennium B.C. to 15th century A.D.
    2. Vessels--In bronze, gold, and silver. These may belong to 
conventional shapes such as bowls, cups, jars, jugs, strainers, 
cauldrons, and lamps, or may occur in the shape of an animal or part of 
an animal. Approximate date: 5th millennium B.C. to 15th century A.D.
    3. Personal Ornaments--In bronze, gold, and silver. Types include 
rings, beads, pendants, belts, belt buckles, earrings, diadems, 
spangles, straight and safety pins, necklace, mirror, wreath, cuff. 
Approximate date: 7th millennium B.C. to 15th century A.D.
    4. Tools--In copper, bronze and iron. Types include hooks, weights, 
axes, scrapers, (strigils), trowels, keys and the tools of 
craftspersons such as carpenters, masons and metal smiths. Approximate 
date: 4th millennium B.C. to 15th century A.D.
    5. Weapons and Armor--In copper, bronze and iron. Types include 
both launching weapons (spears and javelins) and weapons for hand-to-
hand combat (swords, daggers, etc.). Armor includes body armor, such as 
helmets, cuirasses, shin guards, and shields, and horse armor often 
decorated with elaborate engraved, embossed, or perforated designs. 
Approximate date: 6th millennium B.C. to 30 B.C.
    6. Seals--In lead, tin, copper, bronze, silver, and gold. Types 
include rings, amulets, and seals with shank. Approximate date: 
Approximate date: 4th millennium B.C. to 15th century A.D.
    7. Coins--Many of the mints of the listed coins can be found in 
B.V. Head, Historia Numorum: A Manual of Greek Numismatics (London, 
1911) and C.M. Kraay, Archaic and Classical Greek Coins (London, 1976). 
Many of the Roman provincial mints in Greece are listed in A. Burnett 
et al., Roman Provincial Coinage I: From the Death of Caesar to the 
Death of Vitellius (44 BC-AD 69) (London, 1992) and id., Roman 
Provincial Coinage II: From Vespasian to Domitian (AD 69-96) (London, 
1999).
    a. Greek Bronze Coins--Struck by city-states, leagues, and kingdoms 
that operated in territory of the modern Greek state (including the 
ancient territories of the Peloponnese, Central Greece, Thessaly, 
Epirus, Crete and those parts of the territories of ancient Macedonia, 
Thrace and the Aegean islands that lay within the boundaries of the 
modern Greek state). Approximate date: 5th century B.C. to late 1st 
century B.C.
    b. Greek Silver Coins--This category includes the small 
denomination coins of the city-states of Aegina, Athens, and Corinth, 
and the Kingdom of Macedonia under Philip II and Alexander the Great. 
Such coins weigh less than approximately 10 grams and are known as 
obols, diobols, triobols, hemidrachms, and drachms. Also included are 
all denominations of coins struck by the other city-states, leagues, 
and kingdoms that operated in the territory of the modern Greek state 
(including the ancient territories of the Peloponnese, Central Greece, 
Thessaly, Epirus, Crete, and those parts of the territories of ancient 
Macedonia, Thrace and the Aegean islands that lie within the boundaries 
of the modern Greek state). Approximate date: 6th century B.C. to late 
1st century B.C.
    c. Roman Coins Struck in Greece--In silver and bronze, struck at 
Roman and Roman provincial mints that operated in the territory of the 
modern Greek state (including the ancient territories of the 
Peloponnese, Central Greece, Thessaly, Epirus, Crete, and those parts 
of the territories of ancient Macedonia, Thrace and the Aegean islands 
that lie within the boundaries of the modern Greek state). Approximate 
date: late 2nd century B.C. to 3rd century A.D.

C. Ceramic

1. Sculpture
    a. Architectural Elements--Baked clay (terracotta) elements used to 
decorate buildings. Elements include acroteria, antefixes, painted and 
relief plaques,

[[Page 74694]]

metopes, cornices, roof tiles, and revetments. Approximate date: 3rd 
millennium B.C. to 30 B.C.
    b. Large Statuary--Subject matter includes human and animal figures 
and groups of figures in the round. Common types are large-scale, free-
standing statuary from approximately 1 m to 2.5 m in height and life-
size busts (head and shoulders of an individual). Approximate date: 3rd 
millennium B.C. to 30 B.C.
    c. Small Statuary--Subject matter is varied and includes human and 
animal figures, human body parts, groups of figures in the round, 
shrines, houses, and chariots. Includes Mycenaean and later Tanagra 
figurines. These range from approximately 10 cm to 1 m in height. 
Approximate date: 7th millennium B.C. to 324 A.D.
    d. Sarcophagi--Block- or tub-shaped chests, often painted, known as 
larnax (plural, larnakes). Approximate date: 3rd millennium B.C. to 30 
B.C.
2. Vessels
    a. Neolithic Pottery--Handmade, often decorated with a lustrous 
burnish, decorated with appliqu[eacute] and/or incision, sometimes with 
added paint. These come in a variety of shapes from simple bowls and 
vases with three or for legs to handled scoops and large storage jars. 
Approximate date: 7th millennium B.C. to 3rd millennium B.C.
    b. Minoan, Cycladic, and Mycenaean Pottery--Handmade and wheelmade 
pottery in shapes for tableware, serving, storing, and processing, with 
lustrous burnished, matte, appliqu[eacute], incised, and painted 
decoration; includes local styles such as Kamares ware, Pictorial 
Style, and extraordinary shapes such as ``frying pans'' and ``kernoi.'' 
Approximate dates: 4th millennium B.C. to 12th century B.C.
    c. ``Submycenean'' and Pottery of the Geometric Period (including 
``sub-Geometric'').--Handmade and wheelmade pottery that succeeds the 
styles of the Late Bronze Age and is produced in decorated and 
undecorated styles, often reflecting that of the Late Bronze Age but 
predominately using compasses for circles and linear ``geometric'' 
decoration, as well as schematic representations of humans, animals and 
birds. Approximate dates: 12th century B.C. to 7th century B.C.
    d. Attic Black Figure, Red Figure and White Ground Pottery--These 
are made in a specific set of shapes (e.g. amphorae, kraters, hydriae, 
oinochoi, kylikes) decorated with black painted figures on a clear clay 
ground (Black Figure), decorative elements in reserve with background 
fired black (Red Figure), and multi-colored figures painted on a white 
ground (White Ground). Approximate date: 6th century B.C. to 4th 
century B.C.
    e. Corinthian Pottery--Painted pottery made in Corinth in a 
specific range of shapes for perfume and unguents and for drinking or 
pouring liquids. The very characteristic painted and incised designs 
depict human and animal figural scenes, rows of animals, and floral 
decoration. Approximate date: 8th century B.C. to 6th century B.C.
    f. West Slope Ware--This ware is named after a type of pottery from 
the west slope of the Athenian Acropolis. It has a black-glaze with 
relief and polychrome decoration and was produced first in Athens in 
the fourth century B.C., but the style is also manufactured elsewhere, 
such as at Corinth, Macedonia and Crete down to the first century. 
Approximate date: 4th century--1st century B.C.
    g. Byzantine Pottery--Includes undecorated plain wares, 
utilitarian, tableware, serving and storage jars, special shapes such 
as pilgrim flasks. and can be matte painted or glazed, including 
incised ``sgraffitto'' and stamped with elaborate polychrome 
decorations using floral, geometric, human, and animal motifs; it is 
generally locally manufactured, though places like Corinth were major 
producers. Approximate date: 324 A.D. to 15th century.
    3. Inscriptions--These are typically unbaked and should be handled 
with extreme care, even when hard-fired through accidental burning. 
They typically take the form of tablets shaped like leaves or 
rectangular or square and they are often lined, with incised, and 
sometimes stamped, characters known as ``Linear A'' and ``Linear B.'' 
Approximate date: 2nd millennium B.C. to 12th century B.C.

D. Bone, Ivory, and Other Organics

    1. Small Statuary and Figurines--Subject matter includes human and 
animal figures and groups of figures in the round. These range from 
approximately 10 cm to 1 m in height. Approximate date: 7th millennium 
B.C. to 15th century A.D.
    2. Personal Ornaments--In bone, ivory, and spondylus shell. Types 
include amulets, combs, pins, spoons, small containers, bracelets, 
buckles, and beads. Approximate date: 7th millennium B.C. to 15th 
century A.D.
    3. Seals and Stamps--Small devices with at least one side engraved 
with a design for stamping or sealing; they can be discoid, cuboid, 
conoid, or in the shape and animals or fantastic creatures (e.g. a 
scarab). Approximate date: 7th millennium B.C. to 2nd millennium B.C.
    4. Musical Instruments--In bone, ivory and tortoise shell. Types 
include pipe and flute. Approximate date: 3rd millennium B.C. to 15th 
century A.D.
    5. Vessels made of ostrich egg shell. Approximate date: 3rd 
millennium B.C. to 2nd millennium B.C.

E. Glass and Faience

    1. Vessels--Shapes include small jars, bowls, animal shaped, 
goblet, spherical, candle holders, perfume jars (unguentaria). 
Approximate date: 2nd millennium to 15th century A.D.
    2. Beads--Globular and relief beads. Approximate date: 2nd 
millennium B.C.

F. Textile

    Clothing or fragments of clothing or carpets or cloth for hanging. 
Approximate date: 1100 B.C. to 15th century A.D.

G. Papyrus Documents

    Documents made from papyrus and written upon in ink; these are 
often rolled, fragmentary, and should be handled with extreme care. 
Approximately 7th century B.C. to 324 A.D.

H. Paintings

    1. Domestic and Public Wall Painting--These are painted on 
mudplaster, lime plaster (wet--buon fresco--and dry--secco fresco); 
types include simple applied color, bands and borders, landscapes, 
scenes of people and/or animals in natural or built settings. 
Approximate date: 3rd millennium B.C. to 324 A.D.
    2. Tomb Paintings--Paintings on plaster or stone, sometimes 
geometric or floral but usually depicting gods, goddesses, or funerary 
scenes. Approximate date: 2nd millennium B.C. to 500 A.D.
    3. Panel Paintings on wood depicting gods, goddesses, or funerary 
scenes. Approximate date: 1st millennium B.C. to 324 A.D.

I. Mosaics

    Floor mosaics including landscapes, scenes of humans or gods, and 
activities such as hunting and fishing. There may also be vegetative, 
floral, or decorative motifs. Approximate date: 5th century B.C. to 500 
A.D.

II. Byzantine Ecclesiastical Ethnological Material

    The ecclesiastical ethnological materials represent the Early 
Christian and Byzantine periods and include objects made from 324 A.D. 
through the 15th century A.D.

[[Page 74695]]

A. Stone

    1. Architectural elements--In marble and other stone, including 
upright ``closure'' slabs, circular marking slabs omphalion, which may 
be decorated with crosses, human, or animal figures.
    2. Monuments--In marble and other stone; types such as funerary 
inscriptions.
    3. Vessels - Containers for holy water.
    4. Reliefs--Carved as icons in which religious figures predominate 
in the figural decoration.

B. Metal

    1. Reliefs--Cast as icons in which religious figures predominate in 
the figural decoration.
    2. Boxes--Containers of gold and silver, used as reliquaries for 
sacred human remains.
    3. Vessels--Containers of lead, which carried aromatic oils and are 
called ``pilgrim flasks.''
    4. Ceremonial paraphernalia--In bronze, silver, and gold including 
censers (incense burners), book covers, liturgical crosses, 
archbishop's crowns, buckles, and chests. These are often decorated 
with molded or incised geometric motifs or scenes from the Bible, and 
encrusted with semi-precious or precious stones. The gems themselves 
may be engraved with religious figures or inscriptions. Ecclesiastical 
treasure may include all of the above, as well as rings, earrings, and 
necklaces (some decorated with ecclesiastical themes) and other 
implements (e.g., spoons).

C. Ceramic

    Vessels which carried aromatic oils and are called ``pilgrim 
flasks.''

D. Bone and Ivory Objects

    Ceremonial paraphernalia including boxes, reliquaries (and their 
contents), plaques, pendants, candelabra, stamp rings, crosses. Carved 
and engraved decoration includes religious figures, scenes from the 
Bible, and floral and geometric designs.

E. Wood

    Wooden objects include architectural elements such as painted wood 
screens (iconstasis), carved doors, crosses, painted wooden beams from 
churches or monasteries, furniture such as thrones, chests and other 
objects, including musical instruments. Religious figures predominate 
in the painted and carved figural decoration. Ecclesiastical furniture 
and architectural elements may also be decorated with geometric or 
floral designs.

F. Glass

    Vessels of glass include lamps and candle sticks.

G. Textile

    Robes, vestments and altar clothes are often of a fine fabric and 
richly embroidered in silver and gold. Embroidered designs include 
religious motifs and floral and geometric designs.

H. Parchment

    Documents such as illuminated manuscripts occur in single leaves or 
bound as a book or ``codex.'' and are written or painted on animal 
skins (cattle, sheep/goat, camel) known as parchment.

I. Painting

    1. Wall paintings--On various kinds of plaster and which generally 
portray religious images and scenes of Biblical events. Surrounding 
paintings may contain animal, floral, or geometric designs, including 
borders and bands.
    2. Panel Paintings (Icons)--Smaller versions of the scenes on wall 
paintings, and may be partially covered with gold or silver, sometimes 
encrusted with semi-precious or precious stones and are usually painted 
on a wooden panel, often for inclusion in a wooden screen 
(iconastasis).

J. Mosaics

    Wall mosaics generally portray religious images and scenes of 
Biblical events. Surrounding panels may contain animal, floral, or 
geometric designs. They are made from stone and glass cut into small 
bits (tesserae) and laid into a plaster matrix.

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, 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, paragraph (a), the table is amended by adding 
Greece (Hellenic Republic) to the list in appropriate alphabetical 
order as follows:


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

    (a) * * *

----------------------------------------------------------------------------------------------------------------
             State party                               Cultural property                       Decision No.
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Greece (Hellenic Republic)...........  Archaeological materials representing Greece's    CBP Dec. 11-25
                                        cultural heritage from the Upper Paleolithic
                                        (beginning approximately 20,000 B.C.) through
                                        the 15th century A.D. and ecclesiastical
                                        ethnological material representing Greece's
                                        Byzantine culture (approximately the 4th
                                        century through the 15th century A.D.).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[[Page 74696]]

* * * * *

Alan D. Bersin,
Commissioner, U.S. Customs and Border Protection.
    Approved: November 28, 2011.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2011-30905 Filed 11-30-11; 8:45 am]
BILLING CODE 9111-14-P