Extension of Import Restrictions Imposed on Archaeological and Ethnological Materials From the Republic of Mali, 43692-43695 [2017-20056]

Download as PDF 43692 Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Rules and Regulations (d) Requests for a registered identification number, to update information pertaining to an existing number, or to cancel an existing number shall be made through the Commission’s Web site at https://rn.ftc.gov. Unless otherwise directed by the Commission or its designee, requests made by other means (including but not limited to email) will not be accepted and approved. PART 303—RULES AND REGULATIONS UNDER THE TEXTILE FIBER PRODUCTS IDENTIFICATION ACT 5. The authority citation for part 303 continues to read as follows: ■ Authority: 15 U.S.C. 70 et seq. ■ 6. Revise § 303.20 to read as follows: By direction of the Commission. Donald S. Clark, Secretary. asabaliauskas on DSKBBXCHB2PROD with RULES § 303.20 Registered identification numbers. (a) Registered numbers for use as the required identification in lieu of the name on textile fiber product labels, as provided in section 4(b)(3) of the Act, will be issued by the Commission to qualified persons residing in the United States upon receipt of an application duly executed on the Commission’s Web site at https://rn.ftc.gov or by such means as the Commission or its designee may direct. (b)(1) Registered identification numbers shall be used only by the person or concern to whom they are issued, and such numbers are not transferable or assignable. (2) Registered identification numbers shall be subject to cancellation whenever any such number was procured or has been used improperly or contrary to the requirements of the Acts administered by the Federal Trade Commission, and regulations promulgated thereunder, or when otherwise deemed necessary in the public interest. (3) Registered identification numbers shall be subject to cancellation if the Commission fails to receive prompt notification of any change in name, business address, or legal business status of a person or firm to whom a registered identification number has been assigned, by application duly executed on the Commission’s Web site at https://rn.ftc.gov or by such means as the Commission or its designee may direct. (c) Registered identification numbers assigned under this section may be used on labels required in labeling products subject to the provisions of the Wool Products Labeling Act and Fur Products Labeling Act, and numbers previously assigned by the Commission under such VerDate Sep<11>2014 16:10 Sep 18, 2017 Jkt 241001 Acts may be used as and for the required name in labeling under this Act. When so used by the person or firm to whom assigned, the use of the numbers shall be construed as identifying and binding the applicant as fully and in all respects as though assigned under the specific Act for which it is used. (d) Requests for a registered identification number, to update information pertaining to an existing number, or to cancel an existing number shall be made through the Commission’s Web site at https://rn.ftc.gov. Unless otherwise directed by the Commission or its designee, requests made by other means (including but not limited to email) will not be accepted and approved. [FR Doc. 2017–19868 Filed 9–18–17; 8:45 am] BILLING CODE 6750–01–P DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection DEPARTMENT OF THE TREASURY 19 CFR Part 12 [CBP Dec. 17–12] RIN 1515–AE32 Extension of Import Restrictions Imposed on Archaeological and Ethnological Materials From the Republic of Mali U.S. Customs and Border Protection, Department of Homeland Security; Department of the Treasury. ACTION: Final rule. AGENCY: This final rule amends the U.S. Customs and Border Protection (CBP) regulations to reflect an extension of import restrictions on certain archaeological materials from Mali. These restrictions, which were originally imposed by Treasury Decision (T.D.) 93–74, and last extended by CBP Decision (Dec.) 12–14, are due to expire on September 19, 2017. The Acting Under Secretary for Public Diplomacy and Public Affairs, United States Department of State, has determined that conditions warrant the continued imposition of import restrictions on certain archaeological materials and the addition of import restrictions on certain ethnological materials from Mali. The Designated List of cultural SUMMARY: PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 property described in CBP Dec. 07–77 is revised in this document to reflect the addition of ethnological materials to include manuscripts dating between the twelfth and twentieth centuries in paper. The import restrictions imposed on the archaeological and ethnological materials from Mali will be in effect for a five-year period, and the CBP regulations are being amended accordingly to reflect this extension through September 19, 2022. These restrictions are being imposed pursuant to determinations of the United States Department of State made under the terms of the Convention on Cultural Property Implementation Act, which implements the 1970 United Nations Educational, Scientific and Cultural Organization (UNESCO) Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. DATES: Effective September 19, 2017. FOR FURTHER INFORMATION CONTACT: For regulatory aspects, Lisa L. Burley, Chief, Cargo Security, Carriers and Restricted Merchandise Branch, Regulations and Rulings, Office of Trade, (202) 325– 0215, lisa.burley@cbp.dhs.gov. For operational aspects, William R. Scopa, Branch Chief, Partner Government Agencies Branch, Trade Policy and Programs, Office of Trade, (202) 863– 6554, William.R.Scopa@cbp.dhs.gov. SUPPLEMENTARY INFORMATION: Background Pursuant to the provisions of the Convention on Cultural Property Implementation Act (hereafter, ‘‘the Cultural Property Implementation Act’’ or ‘‘the Act’’ (Pub. L. 97–446, 19 U.S.C. 2601 et seq.)), which implements the 1970 United Nations Educational, Scientific and Cultural Organization (UNESCO) Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (hereinafter, the Convention) in U.S. law, the United States may enter into international agreements with another State Party to the Convention to impose import restrictions on eligible archaeological and ethnological materials under procedures and requirements prescribed by the Act. In certain limited circumstances, the Cultural Property Implementation Act authorizes the imposition of restrictions on an emergency basis (19 U.S.C. 2603(c)(1)). Under the Act and the applicable CBP regulations (19 CFR 12.104g(b)), emergency restrictions are effective for no more than five years from the date of the State Party’s request and may be extended for three years E:\FR\FM\19SER1.SGM 19SER1 asabaliauskas on DSKBBXCHB2PROD with RULES Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Rules and Regulations where it is determined that the emergency condition continues to apply with respect to the covered materials (19 U.S.C. 2603(c)(3)); such restrictions may also be continued pursuant to an agreement concluded within the meaning of the Act (19 U.S.C. 2603(c)(4)). On September 23, 1993, under the authority of the Cultural Property Implementation Act, the former U.S. Customs Service published Treasury Decision (T.D.) 93–74 in the Federal Register (58 FR 49428) imposing emergency import restrictions on archaeological objects from the region of the Niger River Valley of Mali and the Bandiagara Escarpment (Cliff), Republic of Mali (Mali) and accordingly amended 19 CFR 12.104g(b). On September 19, 1997, the United States entered into a bilateral agreement with Mali that continued without interruption the import restrictions previously placed on the same archaeological material. On September 23, 1997, the former U.S. 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. (T.D. 97–80 also removed the emergency restrictions for Mali from 19 CFR 12.104g(b).) Under the Act and applicable U.S. Customs and Border Protection (CBP) regulations (19 CFR 12.104g), the restrictions 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 (19 U.S.C. 2602(b)). This period may be extended for additional periods, each such period not to exceed five years, where it is determined that the factors justifying the initial agreement still pertain and no cause for suspension of the agreement exists (19 U.S.C. 2602(e); 19 CFR 12.104g(a)). On September 20, 2002, the former U.S. 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. On September 19, 2007, CBP published CBP Decision (Dec.) 07–77 in the Federal Register (72 FR 53414), which amended 19 CFR 12.104g(a) to reflect the extension and amendment of the import restrictions for Mali. The 2007 amendment added import restrictions on new subcategories of objects throughout Mali from the Paleolithic Era (Stone Age) to approximately the mid-eighteenth VerDate Sep<11>2014 16:10 Sep 18, 2017 Jkt 241001 century in the amended Designated List for an additional period of five years until September 19, 2012. On September 19, 2012, CBP published CBP Dec. 12–14 in the Federal Register (77 FR 58020), which amended 19 CFR 12.104g(a) to reflect the extension of the import restrictions for an additional period of five years until September 19, 2017. On March 14, 2017, by publication in the Federal Register (82 FR 13706), the United States Department of State proposed to extend the Agreement between the United States and Mali concerning the imposition of import restrictions on archaeological material from Mali from the Paleolithic Era (Stone Age) to approximately the mideighteenth century. Pursuant to the statutory and decision-making process, the Designated List of materials covered by the restrictions is being amended to include certain ethnological materials, specifically manuscripts dating between the twelfth and twentieth centuries in paper. Thus, the Agreement now covers both the previously covered archaeological materials, as set forth in the Designated List published in CBP Dec. 07–77, and the additional ethnological materials (see 19 U.S.C. 2604, authorizing the Secretary of the Treasury, by regulation, to promulgate and, when appropriate, revise the list of designated archaeological and/or ethnological materials covered by an agreement between State Parties to the Convention). On August 7, 2017, the Acting Under Secretary for Public Diplomacy and Public Affairs, United States Department of State, determined that the cultural heritage of Mali continues to be in jeopardy from pillage of certain archaeological materials and is also in jeopardy from the pillage of certain ethnological materials. The Acting Under Secretary made the necessary determination to extend the import restrictions for an additional five-year period to September 19, 2022, and to include in their coverage ethnological materials, specifically manuscripts dating between the twelfth and twentieth centuries in paper. An international agreement has been concluded reflecting the extension of the Agreement and, pursuant to the Agreement, the import restrictions are being extended, as described in this document and as applicable to the revised Designated List set forth in this document. Thus, CBP is amending 19 CFR 12.104g(a) accordingly. Importation of covered materials from Mali will be restricted through September 19, 2022. Importation of such materials from Mali continues to be restricted through that PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 43693 date unless the conditions set forth in 19 U.S.C. 2606 and 19 CFR 12.104c are met. In this document, the Designated List of articles that was published in CBP Dec. 07–77 is amended to include ethnological materials comprised of manuscripts dating between the twelfth and twentieth centuries in paper. The articles described in the Designated List set forth below are protected pursuant to the Agreement. Amended Designated List This Designated List, amended as set forth in this document, includes archaeological material that originates in Mali, ranging in date from the Paleolithic Era (Stone Age) to approximately the mid-eighteenth century A.D. These materials include, but are not limited to, objects of ceramic, leather, metal, stone, glass, textiles, and wood. The Designated List also includes a certain category of ethnological material, namely manuscripts dating between the twelfth and twentieth centuries in paper. The Designated List and more information on the import restrictions can be obtained from the Mali country section of the International Cultural Property Protection Web site at http:// exchanges.state.gov/heritage/culprop/ mlfact.html. The list set forth below is representative only. Any dimensions are approximate. Archaeological Material (Dating 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-Djeno 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: 2 to 20 in.) 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. E:\FR\FM\19SER1.SGM 19SER1 43694 Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Rules and Regulations Includes quadrupeds. (H: 2 to 16 in.) B. Common Vessels. 1. Funerary jars, ocher in color, often stamped with chevrons. (H: 20 to 32 in.) 2. Globular vases often stamped with chevrons and serpentine forms. (H: under 4 in.) 3. Bottles with a long neck and a belly that is either globular or streamlined. Some have lids shaped like a bird’s head. 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 pots made on three or four legs or feet resting on a stand. 5. Kitchen pottery of the Tellem culture with the paddle-and-anvil technique decorated with impressions from woven mats. 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. asabaliauskas on DSKBBXCHB2PROD with RULES III. Metal Objects of copper, bronze, iron, and gold 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 in.) b. Zoomorphic figures, such as the bull and the snake. 2. Bells (H: 4 to 5 in.) and finger bells (H: 2 to 3 in.). 3. Pendants, known to depict a bull’s head or a snake. (H: 2 to 4 in.) 4. Bracelets, known to depict a snake (Diameter: 5 to 6 in.). 5. Bracelets, known to be shaped as a head and antelope (Diameter: 3 to 4 in.). 6. Finger rings. B. Iron. 1. Figures/Statues. VerDate Sep<11>2014 16:10 Sep 18, 2017 Jkt 241001 a. Anthropomorphic figures. (H: 5 to 30 in.) b. Zoomorphic figures, sometimes representing a serpent. (H: 5 to 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. Beads in carnelian (faceted) and other types of stone. B. Quartz lip plugs. C. Funerary stelae (headstones) inscribed in Arabic. D. Chipped stone 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, and 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 to 24 in.) 2. Zoomorphic figures—depicting horses and other animals. (H: 10 to 24 in.) B. Headrests. PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 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. Ethnological Material VIII. Manuscripts Manuscripts and portions thereof from the Mali Empire, Songhai Empire, pre-Colonial, and French Colonial periods of Mali (twelfth to early twentieth centuries), including but not limited to Qur’ans and other religious texts, letters, treatises, doctrines, essays or other such papers spanning the subjects of astronomy, law, Islam, philosophy, mathematics, governance, medicine, slavery, commerce, poetry, and literature, either as single leaves or bound as a book (or ‘‘codex’’), and written in Arabic using the Kufic, Hijazi, Maghribi, Saharan, Sudani, Suqi, Nashk, or Ajami scripts written on paper. 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). In addition, CBP has determined that such notice or public procedure would be impracticable and contrary to the public interest because the action being taken is essential to avoid interruption of the application of the existing import restrictions (5 U.S.C. 553(b)(B)). For the same reason, a delayed effective date is not required under 5 U.S.C. 553(d)(3). Regulatory Flexibility Act Because no notice of proposed rulemaking is required, the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do not apply. Executive Orders 12866 and 13771 This rule is not a significant regulatory action for purposes of Executive Order 12866 or Executive Order 13771. Signing Authority This regulation is being issued in accordance with 19 CFR 0.1(a)(1). E:\FR\FM\19SER1.SGM 19SER1 Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Rules and Regulations 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. Background on the Rulemaking The changes are summarized 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; * * * § 12.104(g) * * [Amended] 2. In § 12.104g, paragraph (a), the table is amended in the entry for ‘‘Mali’’ by: ■ a. In the column headed ‘‘Cultural Property,’’ after the word ‘‘century’’ add the following words: ‘‘, and ethnological materials dating between the twelfth and twentieth centuries’’, and ■ b. In the column headed ‘‘Decision No.,’’ by removing ‘‘12–14’’ and replacing it with ‘‘17–12’’. ■ Dated: September 15, 2017. Ronald D. Vitiello, Acting Deputy Commissioner, U.S. Customs and Border Protection. Approved: Timothy E. Skud, Deputy Assistant Secretary of the Treasury. [FR Doc. 2017–20056 Filed 9–15–17; 4:15 pm] BILLING CODE 9111–14–P 29 CFR Part 102 RIN 3142–AA10 Procedural Rules and Regulations National Labor Relations asabaliauskas on DSKBBXCHB2PROD with RULES Board. ACTION: Final rule. The National Labor Relations Board amends its procedural rules and regulations to include testimony transmitted by videoconference, and amicus brief filings. DATES: This rule is effective on September 29, 2017. SUMMARY: VerDate Sep<11>2014 16:10 Sep 18, 2017 Jkt 241001 I. Video Conferencing Testimony The Board added language covering procedures applicable to deposition testimony contemporaneously transmitted by videoconference. The procedures cover the filing of applications to take depositions by videoconference, the safeguards required for the taking of videoconference testimony, the timing, method, and bases for filing objections to the admissibility of videoconference testimony, transcription of videoconference testimony, and the payment of witness and court reporter fees associated with the taking of videoconference testimony. II. Amicus Curiae Brief Filings The Board added language setting forth the procedures covering procedures applicable to amicus curiae briefs. The procedures cover the circumstances when motions for permission to file an amicus brief may be filed, the contents of such motions, replies to motions, page length of amicus briefs, parties’ answering briefs to amicus briefs, and the solicitation of amicus briefs by the Board. Regulatory Flexibility Act Certification Pursuant to Section 605(b) of the Regulatory Flexibility Act, 5 U.S.C. 605(b), the Agency has determined that these rule amendments will not have a significant impact on a substantial number of small entities. Unfunded Mandates Reform Act of 1995 These rule amendments will not result in the expenditure by state, local, and tribal governments, in the aggregate, or by the private sector, of $100,000,000 or more in any one year, and it will not significantly or uniquely affect small governments. Therefore, no actions are deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. NATIONAL LABOR RELATIONS BOARD AGENCY: Gary Shinners, Executive Secretary, National Labor Relations Board, 1015 Half Street SE., Washington, DC 20570, (202) 273– 3737 (this is not a toll-free number), 1– 866–315–6572 (TTY/TDD). SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Small Business Regulatory Enforcement Fairness Act of 1996 This action is not a major rule as defined by Section 804 of the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 804. These amendments will not result in an PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 43695 annual effect on the economy of $100,000,000 or more or a major increase in costs or prices, nor will these amendments have significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based companies to compete with foreign-based companies in domestic and export markets. Paperwork Reduction The amended regulations contain no additional information-collection or record-keeping requirements under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501, et seq. Public Participation This rule is published as a final rule. The National Labor Relations Board considers this rule to be a procedural rule which is exempt from notice and public comment, pursuant to 5 U.S.C. 553(b)(3)(A), as a rule of ‘‘agency organization, procedure, or practice.’’ If you wish to contact the Agency, please do so at the above listed address. However, before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. List of Subjects in 29 CFR Part 102 Administrative practice and procedure, Labor management relations. Gary Shinners, Executive Secretary. For the reasons stated in the preamble, the National Labor Relations Board amends 29 CFR part 102 as follows: PART 102—RULES AND REGULATIONS, SERIES 8 1. The authority citation for part 102 continues to read as follows: ■ Authority: Sections 1, 6, National Labor Relations Act (29 U.S.C. 151, 156). Section 102.117 also issued under section 552(a)(4)(A) of the Freedom of Information Act, as amended (5 U.S.C. 552(a)(4)(A)), and Section 102.117a also issued under section 552a(j) and (k) of the Privacy Act of 1974 (5 U.S.C. 552a(j) and (k)). Sections 102.143 through 102.155 also issued under section 504(c)(1) of the Equal Access to Justice Act, as amended (5 U.S.C. 504(c)(1)). E:\FR\FM\19SER1.SGM 19SER1

Agencies

[Federal Register Volume 82, Number 180 (Tuesday, September 19, 2017)]
[Rules and Regulations]
[Pages 43692-43695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20056]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Part 12

[CBP Dec. 17-12]
RIN 1515-AE32


Extension of Import Restrictions Imposed on Archaeological and 
Ethnological Materials From the Republic of Mali

AGENCY: 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 an extension of import restrictions on 
certain archaeological materials from Mali. These restrictions, which 
were originally imposed by Treasury Decision (T.D.) 93-74, and last 
extended by CBP Decision (Dec.) 12-14, are due to expire on September 
19, 2017. The Acting Under Secretary for Public Diplomacy and Public 
Affairs, United States Department of State, has determined that 
conditions warrant the continued imposition of import restrictions on 
certain archaeological materials and the addition of import 
restrictions on certain ethnological materials from Mali. The 
Designated List of cultural property described in CBP Dec. 07-77 is 
revised in this document to reflect the addition of ethnological 
materials to include manuscripts dating between the twelfth and 
twentieth centuries in paper. The import restrictions imposed on the 
archaeological and ethnological materials from Mali will be in effect 
for a five-year period, and the CBP regulations are being amended 
accordingly to reflect this extension through September 19, 2022. These 
restrictions are being imposed pursuant to determinations of the United 
States Department of State made under the terms of the Convention on 
Cultural Property Implementation Act, which implements the 1970 United 
Nations Educational, Scientific and Cultural Organization (UNESCO) 
Convention on the Means of Prohibiting and Preventing the Illicit 
Import, Export and Transfer of Ownership of Cultural Property.

DATES: Effective September 19, 2017.

FOR FURTHER INFORMATION CONTACT: For regulatory aspects, Lisa L. 
Burley, Chief, Cargo Security, Carriers and Restricted Merchandise 
Branch, Regulations and Rulings, Office of Trade, (202) 325-0215, 
lisa.burley@cbp.dhs.gov. For operational aspects, William R. Scopa, 
Branch Chief, Partner Government Agencies Branch, Trade Policy and 
Programs, Office of Trade, (202) 863-6554, William.R.Scopa@cbp.dhs.gov.

SUPPLEMENTARY INFORMATION: 

Background

    Pursuant to the provisions of the Convention on Cultural Property 
Implementation Act (hereafter, ``the Cultural Property Implementation 
Act'' or ``the Act'' (Pub. L. 97-446, 19 U.S.C. 2601 et seq.)), which 
implements the 1970 United Nations Educational, Scientific and Cultural 
Organization (UNESCO) Convention on the Means of Prohibiting and 
Preventing the Illicit Import, Export and Transfer of Ownership of 
Cultural Property (hereinafter, the Convention) in U.S. law, the United 
States may enter into international agreements with another State Party 
to the Convention to impose import restrictions on eligible 
archaeological and ethnological materials under procedures and 
requirements prescribed by the Act.
    In certain limited circumstances, the Cultural Property 
Implementation Act authorizes the imposition of restrictions on an 
emergency basis (19 U.S.C. 2603(c)(1)). Under the Act and the 
applicable CBP regulations (19 CFR 12.104g(b)), emergency restrictions 
are effective for no more than five years from the date of the State 
Party's request and may be extended for three years

[[Page 43693]]

where it is determined that the emergency condition continues to apply 
with respect to the covered materials (19 U.S.C. 2603(c)(3)); such 
restrictions may also be continued pursuant to an agreement concluded 
within the meaning of the Act (19 U.S.C. 2603(c)(4)).
    On September 23, 1993, under the authority of the Cultural Property 
Implementation Act, the former U.S. Customs Service published Treasury 
Decision (T.D.) 93-74 in the Federal Register (58 FR 49428) imposing 
emergency import restrictions on archaeological objects from the region 
of the Niger River Valley of Mali and the Bandiagara Escarpment 
(Cliff), Republic of Mali (Mali) and accordingly amended 19 CFR 
12.104g(b).
    On September 19, 1997, the United States entered into a bilateral 
agreement with Mali that continued without interruption the import 
restrictions previously placed on the same archaeological material. On 
September 23, 1997, the former U.S. 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. (T.D. 97-80 also removed the emergency 
restrictions for Mali from 19 CFR 12.104g(b).)
    Under the Act and applicable U.S. Customs and Border Protection 
(CBP) regulations (19 CFR 12.104g), the restrictions 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 (19 U.S.C. 
2602(b)). This period may be extended for additional periods, each such 
period not to exceed five years, where it is determined that the 
factors justifying the initial agreement still pertain and no cause for 
suspension of the agreement exists (19 U.S.C. 2602(e); 19 CFR 
12.104g(a)). On September 20, 2002, the former U.S. 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.
    On September 19, 2007, CBP published CBP Decision (Dec.) 07-77 in 
the Federal Register (72 FR 53414), which amended 19 CFR 12.104g(a) to 
reflect the extension and amendment of the import restrictions for 
Mali. The 2007 amendment added import restrictions on new subcategories 
of objects throughout Mali from the Paleolithic Era (Stone Age) to 
approximately the mid-eighteenth century in the amended Designated List 
for an additional period of five years until September 19, 2012.
    On September 19, 2012, CBP published CBP Dec. 12-14 in the Federal 
Register (77 FR 58020), which amended 19 CFR 12.104g(a) to reflect the 
extension of the import restrictions for an additional period of five 
years until September 19, 2017.
    On March 14, 2017, by publication in the Federal Register (82 FR 
13706), the United States Department of State proposed to extend the 
Agreement between the United States and Mali concerning the imposition 
of import restrictions on archaeological material from Mali from the 
Paleolithic Era (Stone Age) to approximately the mid-eighteenth 
century. Pursuant to the statutory and decision-making process, the 
Designated List of materials covered by the restrictions is being 
amended to include certain ethnological materials, specifically 
manuscripts dating between the twelfth and twentieth centuries in 
paper. Thus, the Agreement now covers both the previously covered 
archaeological materials, as set forth in the Designated List published 
in CBP Dec. 07-77, and the additional ethnological materials (see 19 
U.S.C. 2604, authorizing the Secretary of the Treasury, by regulation, 
to promulgate and, when appropriate, revise the list of designated 
archaeological and/or ethnological materials covered by an agreement 
between State Parties to the Convention).
    On August 7, 2017, the Acting Under Secretary for Public Diplomacy 
and Public Affairs, United States Department of State, determined that 
the cultural heritage of Mali continues to be in jeopardy from pillage 
of certain archaeological materials and is also in jeopardy from the 
pillage of certain ethnological materials. The Acting Under Secretary 
made the necessary determination to extend the import restrictions for 
an additional five-year period to September 19, 2022, and to include in 
their coverage ethnological materials, specifically manuscripts dating 
between the twelfth and twentieth centuries in paper. An international 
agreement has been concluded reflecting the extension of the Agreement 
and, pursuant to the Agreement, the import restrictions are being 
extended, as described in this document and as applicable to the 
revised Designated List set forth in this document. Thus, CBP is 
amending 19 CFR 12.104g(a) accordingly. Importation of covered 
materials from Mali will be restricted through September 19, 2022. 
Importation of such materials from Mali continues to be restricted 
through that date unless the conditions set forth in 19 U.S.C. 2606 and 
19 CFR 12.104c are met.
    In this document, the Designated List of articles that was 
published in CBP Dec. 07-77 is amended to include ethnological 
materials comprised of manuscripts dating between the twelfth and 
twentieth centuries in paper. The articles described in the Designated 
List set forth below are protected pursuant to the Agreement.

Amended Designated List

    This Designated List, amended as set forth in this document, 
includes archaeological material that originates in Mali, ranging in 
date from the Paleolithic Era (Stone Age) to approximately the mid-
eighteenth century A.D. These materials include, but are not limited 
to, objects of ceramic, leather, metal, stone, glass, textiles, and 
wood. The Designated List also includes a certain category of 
ethnological material, namely manuscripts dating between the twelfth 
and twentieth centuries in paper. The Designated List and more 
information on the import restrictions can be obtained from the Mali 
country section of the International Cultural Property Protection Web 
site at http://exchanges.state.gov/heritage/culprop/mlfact.html.
    The list set forth below is representative only. Any dimensions are 
approximate.
Archaeological Material (Dating 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 Djenn[eacute]-Djeno 
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: 2 to 20 in.)
    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.

[[Page 43694]]

Includes quadrupeds. (H: 2 to 16 in.)
B. Common Vessels.
    1. Funerary jars, ocher in color, often stamped with chevrons. (H: 
20 to 32 in.)
    2. Globular vases often stamped with chevrons and serpentine forms. 
(H: under 4 in.)
    3. Bottles with a long neck and a belly that is either globular or 
streamlined. Some have lids shaped like a bird's head.
    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 pots made on three or four legs or feet resting on 
a stand.
    5. Kitchen pottery of the Tellem culture with the paddle-and-anvil 
technique decorated with impressions from woven mats.
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 copper, bronze, iron, and gold 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 in.)
    b. Zoomorphic figures, such as the bull and the snake.
    2. Bells (H: 4 to 5 in.) and finger bells (H: 2 to 3 in.).
    3. Pendants, known to depict a bull's head or a snake. (H: 2 to 4 
in.)
    4. Bracelets, known to depict a snake (Diameter: 5 to 6 in.).
    5. Bracelets, known to be shaped as a head and antelope (Diameter: 
3 to 4 in.).
    6. Finger rings.
B. Iron.
    1. Figures/Statues.
    a. Anthropomorphic figures. (H: 5 to 30 in.)
    b. Zoomorphic figures, sometimes representing a serpent. (H: 5 to 
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. Beads in carnelian (faceted) and other types of stone.
B. Quartz lip plugs.
C. Funerary stelae (headstones) inscribed in Arabic.
D. Chipped stone 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, and 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 to 24 in.)
    2. Zoomorphic figures--depicting horses and other animals. (H: 10 
to 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.
Ethnological Material
VIII. Manuscripts
    Manuscripts and portions thereof from the Mali Empire, Songhai 
Empire, pre-Colonial, and French Colonial periods of Mali (twelfth to 
early twentieth centuries), including but not limited to Qur'ans and 
other religious texts, letters, treatises, doctrines, essays or other 
such papers spanning the subjects of astronomy, law, Islam, philosophy, 
mathematics, governance, medicine, slavery, commerce, poetry, and 
literature, either as single leaves or bound as a book (or ``codex''), 
and written in Arabic using the Kufic, Hijazi, Maghribi, Saharan, 
Sudani, Suqi, Nashk, or Ajami scripts written on paper.

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). In addition, CBP has determined that such 
notice or public procedure would be impracticable and contrary to the 
public interest because the action being taken is essential to avoid 
interruption of the application of the existing import restrictions (5 
U.S.C. 553(b)(B)). For the same reason, a delayed effective date is not 
required under 5 U.S.C. 553(d)(3).

Regulatory Flexibility Act

    Because no notice of proposed rulemaking is required, the 
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do 
not apply.

Executive Orders 12866 and 13771

    This rule is not a significant regulatory action for purposes of 
Executive Order 12866 or Executive Order 13771.

Signing Authority

    This regulation is being issued in accordance with 19 CFR 
0.1(a)(1).

[[Page 43695]]

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.

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.  12.104(g)   [Amended]

0
2. In Sec.  12.104g, paragraph (a), the table is amended in the entry 
for ``Mali'' by:
0
a. In the column headed ``Cultural Property,'' after the word 
``century'' add the following words: ``, and ethnological materials 
dating between the twelfth and twentieth centuries'', and
0
b. In the column headed ``Decision No.,'' by removing ``12-14'' and 
replacing it with ``17-12''.

    Dated: September 15, 2017.
Ronald D. Vitiello,
Acting Deputy Commissioner, U.S. Customs and Border Protection.
    Approved:
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2017-20056 Filed 9-15-17; 4:15 pm]
 BILLING CODE 9111-14-P