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 https://
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]
=======================================================================
-----------------------------------------------------------------------
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 https://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