Import Restrictions Imposed on Archaeological and Ethnological Material From Ecuador, 8389-8395 [2020-03118]

Download as PDF Federal Register / Vol. 85, No. 31 / Friday, February 14, 2020 / Rules and Regulations of FAA Order 7400.11D, dated August 8, 2019, and effective September 15, 2019, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designation listed in this document will be published subsequently in the Order. khammond on DSKJM1Z7X2PROD with RULES Availability and Summary of Documents for Incorporation by Reference This document amends FAA Order 7400.11D, Airspace Designations and Reporting Points, dated August 8, 2019, and effective September 15, 2019. FAA Order 7400.11D is publicly available as listed in the ADDRESSES section of this document. FAA Order 7400.11D lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points. The Rule This amendment to Title 14 Code of Federal Regulations (14 CFR) part 71 modifies Class D airspace at Buchanan Field extending upward from the surface to and including 2,500 feet MSL within a 2.6-mile radius of the airport from the 205° bearing from the airport clockwise to the 314° bearing, thence extending to a 4.1-mile radius of airport from the 314° bearing from the airport clockwise to the 205° bearing of Buchanan Field. This Class D airspace area is effective during the specific dates and times established in advance by a Notice to Airmen. The effective date and time will thereafter be continuously published in the Chart Supplement. Additionally, this action establishes Class E5 airspace extending upward from 700 feet above the surface within a 4.1-mile radius of Buchanan Field and within 2.5 miles each side of the 009° bearing from the airport extending from the 4.1-mile radius to 11 miles north of the airport, and within 2.5 miles each side of the 023° bearing from the airport extending from the 4.1-mile radius to 11 miles northeast of Buchanan Field. Further, this action removes the Concord VOR/DME and the associated extensions from the legal description to simplify how the airspace is described. Lastly, this action removes the city listed before the airport name in the legal description header information to comply with airspace policy guidance. Class D and Class E5 airspace designations are published in paragraphs 5000, and 6005, respectively, of FAA Order 7400.11D, dated August 8, 2019, and effective September 15, 2019, which is incorporated by reference in 14 CFR 71.1. The Class D and Class E airspace designations listed in this document will be published subsequently in the Order. FAA Order 7400.11, Airspace VerDate Sep<11>2014 17:46 Feb 13, 2020 Jkt 250001 8389 Designations and Reporting Points, is published yearly and effective on September 15. Paragraph 5000 Class D Airspace. Regulatory Notices and Analyses * * The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current, is non-controversial and unlikely to result in adverse or negative comments. It, therefore: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule, when promulgated, would not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. AWP CA D Concord, CA Buchanan Field, CA (Lat. 37°59′23″ N, long. 122°03′25″ W) That airspace extending upward from the surface to and including 2,500 feet MSL within a 2.6-mile radius of the airport from the 205° bearing from the airport clockwise to the 314° bearing, thence extending to a 4.1mile radius of the airport from the 314° bearing clockwise to the 205° bearing from Buchanan Field. This Class D airspace area is effective during the specific dates and times established in advance by a Notice to Airmen. The effective date and time will thereafter be continuously published in the Chart Supplement. Environmental Review The FAA has determined that this action qualifies for categorical exclusion under the National Environmental Policy Act in accordance with FAA Order 1050.1F, ‘‘Environmental Impacts: Policies and Procedures,’’ paragraph 5–6.5a. This airspace action is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances exist that warrant preparation of an environmental assessment. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). Adoption of the Amendment effective September 15, 2019, is amended as follows: * * * Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth. * * * * * AWP CA E5 Concord, CA Buchanan Field, CA (Lat. 37°59′23″ N, long. 122°03′25″ W) That airspace extending upward from 700 feet above the surface within a 4.1-mile radius of Buchanan Field and within 2.5 miles each side of the 009° bearing from the airport extending from the 4.1-mile radius to 11 miles north of the airport and within 2.5 miles each side of the 023° bearing from the airport extending from the 4.1-mile radius to 11 miles northeast of Buchanan Field. Issued in Seattle, Washington, on February 3, 2020. Byron Chew, Group Manager, Western Service Center, Operations Support Group. [FR Doc. 2020–02448 Filed 2–13–20; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF HOMELAND SECURITY In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: U.S. Customs and Border Protection PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 19 CFR Part 12 1. The authority citation for 14 CFR part 71 continues to read as follows: ■ Authority: 49 U.S.C. 106(f), 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11D, Airspace Designations and Reporting Points, dated August 8, 2019, and ■ PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 DEPARTMENT OF THE TREASURY [CBP Dec. 20–03] RIN 1515–AE52 Import Restrictions Imposed on Archaeological and Ethnological Material From Ecuador 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 SUMMARY: E:\FR\FM\14FER1.SGM 14FER1 8390 Federal Register / Vol. 85, No. 31 / Friday, February 14, 2020 / Rules and Regulations (CBP) regulations to reflect the imposition of import restrictions on certain archaeological and ethnological material from Ecuador. These restrictions are being imposed pursuant to an agreement between the United States and Ecuador that has been entered into under the authority of the Convention on Cultural Property Implementation Act. The final rule amends CBP regulations by adding Ecuador to the list of countries which have a bilateral agreement with the United States that imposes cultural property import restrictions. The final rule also contains the designated list that describes the types of archaeological and ethnological material to which the restrictions apply. DATES: Effective February 12, 2020. FOR FURTHER INFORMATION CONTACT: For legal aspects, Lisa L. Burley, Chief, Cargo Security, Carriers and Restricted Merchandise Branch, Regulations and Rulings, Office of Trade, (202) 325– 0300, ot-otrrculturalproperty@ cbp.dhs.gov. For operational aspects, Genevieve S. Dozier, Management and Program Analyst, Commercial Targeting and Analysis Center, Trade Policy and Programs, Office of Trade, (202) 945– 2942, CTAC@cbp.dhs.gov. SUPPLEMENTARY INFORMATION: Background The Convention on Cultural Property Implementation Act, Public Law 97– 446, 19 U.S.C. 2601 et seq. (‘‘the Cultural Property Implementation Act’’) 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’’ (823 U.N.T.S. 231 (1972))). Pursuant to the Cultural Property Implementation Act, the United States entered into a bilateral agreement with Ecuador to impose import restrictions on certain Ecuadorean archaeological and ethnological material. This rule announces that the United States is now imposing import restrictions on certain archaeological and ethnological material from Ecuador. khammond on DSKJM1Z7X2PROD with RULES 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 October 19, 2018, the Assistant Secretary for Educational and Cultural Affairs, United States Department of State, after consultation with and recommendation VerDate Sep<11>2014 17:46 Feb 13, 2020 Jkt 250001 by the Cultural Property Advisory Committee, made the determinations required under the statute with respect to certain archaeological and ethnological material originating in Ecuador that are described in the designated list set forth below in this document. These determinations include the following: (1) That the cultural patrimony of Ecuador is in jeopardy from the pillage of archaeological or ethnological material representing Ecuador’s cultural heritage dating from approximately 12,000 B.C. up to 250 years old, including material starting in the Pre-ceramic period and going into the Colonial period (19 U.S.C. 2602(a)(1)(A)); (2) that the Ecuadorean 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 material described in the determinations meets the statutory definition of ‘‘archaeological or ethnological material of the State Party’’ (19 U.S.C. 2601(2)). The Agreement On May 22, 2019, the United States and Ecuador entered into a bilateral agreement, ‘‘Memorandum of Understanding between the Government of the United States of America and the Government of the Republic of Ecuador Concerning the Imposition of Import Restrictions on Categories of Archaeological and Ethnological Material of Ecuador’’ (‘‘the Agreement’’), pursuant to the provisions of 19 U.S.C. 2602(a)(2). The Agreement enables the promulgation of import restrictions on categories of archaeological and ethnological material representing Ecuador’s cultural heritage that are at least 250 years old, dating as far back as the Pre-ceramic period (approximately 12,000 B.C.) through the Formative, Regional development, Integration, and Inka periods and into the Colonial period. A list of the categories of archaeological and ethnological material subject to the import restrictions is set forth later in this document. PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 Restrictions and Amendment to the Regulations In accordance with the Agreement, importation of material designated below is subject to the restrictions of 19 U.S.C. 2606 and § 12.104g(a) of title 19 of the Code of Federal 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 CBP 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. Import restrictions listed at 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 may be extended for additional periods of not more than five years if it is determined that the factors which justified the Agreement still pertain and no cause for suspension of the Agreement exists. Pursuant to the MOU, the import restrictions entered into force upon delivery of the U.S. diplomatic note to Ecuador on May 22, 2019. Therefore, the import restrictions will expire on May 22, 2024, unless extended. Designated List of Archaeological and Ethnological Material of Ecuador The Agreement includes, but is not limited to, the categories of objects described in the designated list set forth below. Importation of material on this list is restricted unless the material is accompanied by documentation certifying that the material left Ecuador legally and not in violation of the export laws of Ecuador. The designated list includes archaeological and ethnological material. Archaeological material of ceramic, stone, metal, and organic tissue ranges in date from approximately 12,000 B.C. to A.D. 1769, which is 250 years from the signing of the Agreement. Ethnological material includes Colonial period ecclesiastical paintings, sculpture, furniture, metalwork, textiles, documents, and manuscripts. In addition, ethnological material includes secular Colonial period paintings, documents, and manuscripts. Additional Resource National Institute of Cultural Patrimony, Ecuador, Guı´a de identificacio´n de bienes culturales patrimoniales (Guide for identification of cultural patrimony goods) (2d ed. 2011), http://patrimoniocultural.gob.ec/ guia-de-identificacion-de-bienesculturales-patrimoniales/. E:\FR\FM\14FER1.SGM 14FER1 Federal Register / Vol. 85, No. 31 / Friday, February 14, 2020 / Rules and Regulations Categories of Materials I. Archaeological Material A. Stone B. Ceramic C. Metal D. Bone, Shell, and Other Organic Tissue II. Ethnological Material A. Paintings B. Sculpture C. Furniture D. Metalwork E. Textiles F. Documents and Manuscripts I. Archaeological Material Archaeological material covered by the Agreement is associated with the diverse cultural groups that resided in this region from the earliest human settlement of the Pre-ceramic period and into the Colonial period (approximately 12,000 B.C. to A.D. 1769). Approximate Chronology of WellKnown Archaeological Styles (a) Pre-ceramic period: El Cubila´n (12,606 B.C.), Montequinto (11,858 B.C.), Las Mercedes (11,500 B.C.), El Inga (11,000 B.C.), Guagua Canoayacu (9905 B.C.), Gran Cacao (9386 B.C.), Chobshi (9000–6500 B.C.), and Las Vegas (8800–4500 B.C.). (b) Formative period: Valdivia (3800– 1500 B.C.), Mayo Chinchipe (3000–2000 B.C.), Cerro Narrio (2000–400 B.C.), Cotocollao (1800–350 B.C.), Machalilla (1600–800 B.C.), and Chorrera (1000– 100 B.C.). (c) Regional development period: La Tolita (600 B.C.–A.D. 400), Tiaone (600 B.C.–A.D. 400), Bahı´a (500 B.C.–A.D. 650), Cosanga (500 B.C.–A.D. 1532), Jama Coaque I (350 B.C.–A.D. 100), Upano (300 B.C.–A.D. 500), and Guangala (100 B.C.–A.D. 800). (d) Integration period: Puruha´ (A.D. 300–1500), Can˜ari (A.D. 400–1500), Atacames (A.D. 400–1532), Jama-Coaque II (A.D. 400–1532), Milagro Quevedo (A.D. 400–1532), Manten˜o-Huancavilca (A.D. 500–1532), Pasto (A.D. 700–1500), Napo (A.D. 1200–1532), and Caranqui (A.D. 1250–1500). (e) Inka period: A.D. 1470–1532. (f) Colonial period: A.D. 1532–1822. khammond on DSKJM1Z7X2PROD with RULES A. Stone Early chipped stone tools mark the appearance of the first people to inhabit the region and continued to be used throughout history. Polished stone axes became common in the Formative period. Highly skilled stoneworkers created elaborately carved mortars, figurines, seats, and other items for use in daily and ceremonial life. Examples of archaeological stone objects covered in the Agreement include the following objects: VerDate Sep<11>2014 17:46 Feb 13, 2020 Jkt 250001 1. Chipped stone tools—Projectile points and tools for scraping, cutting, or perforating are made primarily from basalt, quartzite, chert, chalcedony, or obsidian and are 5–8 cm long. 2. Polished stone tools—Axes or hoes are typically made in basalt or andesite and are about 12 cm long and 8–9 cm wide with a cutting edge on one end and a flat or slightly grooved edge with ‘‘ears’’ on the other side to attach a handle. Some axes have a hole used to attach the handle with cord. Ceremonial axes are highly polished and lack use marks. Hooks, in the shape of small anvils or birds, and weights for spearthrowers (i.e., atlatls) are made from quartzite, chalcedony, and serpentine. Mace heads and stone shields are made from polished stone. 3. Receptacles—Polished stone bowls may be undecorated or decorated with incisions or notches about 10–20 cm in diameter. Mortars made from volcanic rock may be undecorated or carved in the shape of animals, including felines (e.g., Valdivia style mortars). 4. Ornaments—Beads are made of quartz, turquoise, and other stone. Round or oval obsidian mirrors are relatively thin with one unworked side and one polished side. Earrings and ear plugs are made from quartz or obsidian. 5. Figurines—Valdivia style human figurines are small (3–5 cm tall) and range from simple plaques to detailed three-dimensional statuettes. These figurines are made from calcium carbonate and often combine feminine and masculine attributes. QuituChaupicruz monoliths are stone posts up to 90 cm tall with tapered bases topped with anthropomorphic figures. 6. Sculpture—Terminal Valdivia style rectangular or square plaques and blocks are made of white or gray volcanic tuff or other stone with smooth faces or faces decorated with lines or circles depicting human or avian imagery. Manten˜o style seats are monolithic sculptures with U-shaped seats resting on zoomorphic, anthropomorphic, or undecorated pedestals on a rectangular base. B. Ceramic The earliest-known pottery in Ecuador dates to the Formative period (about 4400 B.C.). Highly skilled potters in the region created diverse and elaborate vessels, figurines, sculptural pottery, musical instruments, and other utilitarian and ceremonial items. Ceramics vary widely between archaeological styles. Decorations include paint (red, black, white, green, and beige) or surface decorations such as incisions, excisions, punctations, combing, fingernail marks, corrugations, PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 8391 modelling, etc. Pre-Columbian vessels are never glazed; shiny surfaces are created only by burnishing. PreColumbian potters did not use a pottery wheel, so vessels do not have the regular striations or perfectly spherical shapes characteristic of wheel-made pottery. Examples of archaeological ceramic objects covered in the Agreement include the following objects: 1. Vessels—There are three basic types of vessels: Plates, bowls, and jars. Forms and decoration vary among archaeological styles and over time. Some of the most well-known types are highlighted below. a. Plates have flat or slightly convex bases, occasionally with annular support. Rims are everted, inverted, or vertical, sometimes with zoomorphic modelled applique´ or masks on the exterior. The interior surface is often painted with geometric, anthropomorphic, or zoomorphic designs (e.g., Carchi style plates). Most Inka style plates from Tomebamba have handles and vertical walls without interior paint and some are flat with handles in the form of a bird or llama. Napo culture platters (fuentes) often have polychrome designs. b. Bowls and cups may have everted or inverted rims, and they may have annular or polypod bases. Interior and/ or exterior decorations may be made with incisions, negative painting, iridescent paint, etc. Bowls with pedestal bases are known as compoteras. Carchi style compoteras have anthropomorphic and zoomorphic negative paint designs. A llipta box or poporo is a very small bowl decorated with incisions or paint in round, zoomorphic, or anthropomorphic shapes. [Note: Llipta is a mixture of lime and/or ash used when chewing coca leaves.] Related to bowls, cups may have everted rims (e.g., Azuay style and Can˜ar style cups and Inka keros) or inverted rims (e.g., Puruha´ style timbales). Milagro-Quevedo style tripod or pedestal bowls known as cocinas de brujos sometimes have handles and are often decorated with modelled reliefs of snake heads, toads, serpents, and nude human figures. c. Jars are globular vessels with short necks, sometimes with exterior decoration on the entire vessel or only on the upper half. Jars sometimes have feet, usually three. Bottles are a type of jar with a long spout attached to the body by a handle. Some bottles have stirrup handles. Some bottles have an interior mechanism that regulates movement of air and liquid to create a whistling sound. Very large jars are called ca´ntaros. Ca´ntaros have wide E:\FR\FM\14FER1.SGM 14FER1 khammond on DSKJM1Z7X2PROD with RULES 8392 Federal Register / Vol. 85, No. 31 / Friday, February 14, 2020 / Rules and Regulations mouths and typically have convex or conical bases; in a few cases, bases are flat and small. Carchi style ca´ntaros or botijuelas are ovoid in shape, have long necks, are decorated with red or negative paint, and sometimes have a modelled human face attached to the neck. Puruha´ style ca´ntaros are rounder, with bodies covered in negative paint designs and an everted rectilinear neck that is usually decorated with handles and a modelled human face. Chicha jars or tinajas are very large, usually undecorated jars. Funerary urns may be various sizes depending on whether they contained skeletal remains or ashes. There are two types of Napo style funerary urns with polychrome decorations: Large, elongated vessels with a bulge at the base and anthropomorphic, ceramic statues. Inka style arı´balos have long necks with everted rims and bulging bodies with two handles near the base, a modelled zoomorphic knob near the neck, and a pointed base. Imperial style arı´balos have primarily geometric, polychrome painting. Local style arı´balos have the same shape but are roughly made and undecorated. 2. Figurines—Figurine manufacturing was common in pre-Columbian Ecuador. Anthropomorphic figurines are solid or hollow clay with diverse representations of the body. The size of the figurines varies from less than 10 cm tall to statues over 50 cm tall. Some of the best-known types are described below: a. Valdivia style ceramic ‘‘Venus figures’’ are small, female figurines in fired clay with detailed treatment of the torso and head. Machalilla and Chorrera figures are larger (up to 40 cm) and usually mold-made and decorated with white slip and red painted designs with humans (more often women than men) depicted in the nude with arms by the side or slightly raised. b. Low-relief, mold-made figurines were common, including Chorrera style figurines in zoomorphic and phytomorphic shapes (e.g., squashes, babacos, monkeys, canines, opossums, felines, and birds). c. Guangala style and Jama-Coaque style figurines use modeled clay to depict body adornments or clothing of men and women. Bodies and ornaments may be painted black, green, red, or yellow. Jama-Coaque figurines, some up to 30 cm tall, with abundant molded decorations and rich painting depict individuals’ occupations and social statuses (e.g., seated shamans with llipta boxes, farmers with bags of seeds and digging sticks, warriors with helmets, spear-throwers and shields, seated jewelry makers with jewels in their laps, VerDate Sep<11>2014 17:46 Feb 13, 2020 Jkt 250001 hunters carrying or slaughtering their prey, masked figures, dancers with wings or fancy dress, and characters in costumes that indicate privileged status). d. Figurines from Bahı´a are generally medium-sized (about 25 cm tall). The ‘‘giants of Bahı´a’’ are up to 50 cm tall and typically depict shaman figures or elite personages seated cross-legged or standing with elaborate attire, adornment, and headdresses. They often exhibit a necklace adorned with a one to three white tusk-like ornaments. e. Tolita figurines include individuals of high status and representations of daily life as well as anthropomorphic figures with mammal or bird heads. Tolita style heads and small figures without slip and detailed facial expressions are common. Some hollow heads have perforations and may have been suspended from cords, similar to the tzantzas (shrunken heads) of the Shuar. f. Manten˜o style figurines are standardized with polished, black surfaces, almost always standing and with body adornments. There are some seated figures, including Manten˜o style incense burners depicting men, apparently entranced, with wide plates on their heads and elaborate incisions depicting body tattoos. g. Carchi coquero figurines depict a seated individual in a hallucinogenic trance with a bulging cheek indicating that the individual is chewing coca. The bulging cheek is also common in Cosanga figurines from Amazonia. Other figurines from Amazonia are rough and their typology is not well known. 3. Musical instruments—During the Integration period, flutes—typically with four finger holes—were common in the northern Sierra. Throughout the coast and highlands, whistles in human or animal form, frequently birds, were common. Ceramic whistles in the form of sea shells (sometimes called ocarinas) are often decorated with geometric, anthropomorphic, and zoomorphic designs. 4. Masks—Human and zoomorphic masks made of clay, shell, and metal with varied facial expressions were common in pre-Columbian Ecuador. Many masks have small holes along the upper edge so that they can be suspended as pectorals. Rectangular, clay plaques depicting humans, sometimes in erotic motifs, have similar holes for suspension. 5. Stamps—Stamps are made from solid clay, including cylindrical roller stamps and flat stamps with a small handle on one side. Low relief geometric designs include stylized anthropomorphic, phytomorphic, and PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 zoomorphic motifs. Small conical clay spindle whorls called torteros or fusaiolas have similar designs and a hole in the middle to be attached to a spindle. 6. Beads—Beads are small round pieces of ceramic with polished edges and a hole in the center. 7. Graters—Graters are long thin plates, often in the shape of a fish, with a concentration of embedded sharp stones on one side for scraping or grating. Some scrapers lack embedded stones but are decorated with deep incisions in the scraping surface. Bowls occasionally contain embedded scraping stones. 8. Neck rests—Bahı´a style and JamaCoaque style neck rests, called descansanucas, are made from a slightly concave, rectangular, ceramic slab resting on a pedestal made from a flat slab of the same size supporting columns or a wide pillar in the shape of a house or human face. 9. House models—House models, or maquetas, from the coastal region have slightly concave roofs and walls that rest on a base that contains stairs and, sometimes, human figures guarding the entrance. In some cases, the interior columns supporting the roof are visible. These are typically found in the JamaCoaque and La Tolita cultures, and many of them are functioning bottle forms used in drinking rituals. In the northern highlands, models of round houses represent typical domestic structures of the region. C. Metal Objects of gold, platinum, silver, copper, and tumbaga (an alloy of copper and gold) were common in preColumbian Ecuador. Several preColumbian cultures practiced metalwork on the coast (e.g., Guangala, Bahı´a, Jama-Coaque, La Tolita, Manten˜o and Milagro-Quevedo), in the highlands (e.g., Capulı´, Piartal, Puruha´ and Can˜ari), and in Amazonia (e.g., Cosanga). The Inka introduced bronze, an alloy of copper and tin. Metallurgists were skilled at creating alloys and goldand copper-plating. Objects were made by using melted metal or hammering metal sheets. Parts of compound objects were made separately and assembled mechanically. Examples of archaeological metal objects covered in the Agreement include the following objects: 1. Tools—Chisels are flat copper strips about 7 cm long and are beveled on one end. Copper needles vary in size from 3 to 8 cm long. There are also copper fish hooks, cylindrical punches, and long-handled spoons. Functional copper axes are similar in shape to stone E:\FR\FM\14FER1.SGM 14FER1 Federal Register / Vol. 85, No. 31 / Friday, February 14, 2020 / Rules and Regulations axes. Ceremonial copper axes lack a cutting edge, are sometimes silver plated, and are decorated on both faces in high and low relief, often in geometric designs. A tumi is a type of axe with a long handle and a semicircular or rectilinear blade. Axe-monies (hachas monedas) are thin, axe-shaped sheets of arsenical copper that are 7–8 cm long and often found in bundles or carefully grouped. 2. Body ornaments—Copper ear piercers may have a hollow handle to facilitate insertion of the post. Gold, silver, and copper crowns and diadems are decorated with engraved or embossed designs. Pre-Columbian people in the region used a wide variety of nose ornaments including oval or circular plates open at the top for insertion into the nasal septum, ornaments with tubular bodies, and scroll or zoomorphic ornaments. Solid or hollow ear ornaments, sometimes with hanging decorations, and labrets are also common. Concave copper disc pectorals with embossed human faces often have holes at the mouth suggesting the existence of a tongue that would have functioned as a rattle. Ornamental clothing pins (tupos or tupus) made of copper, silver, and gold are topped with a circular or semicircular plate. Gold masks are made of embossed thin gold sheets. Some masks are a single piece of gold, others have additional elements such as diadems, pendants, and platinum eyes. Necklaces vary and often combine metal, Spondylus shell, and semi-precious stones. 3. Weapons—Bronze star-shaped mace heads typically have six points. Spear or lance points are made from silver sheets rolled into cones leaving a hole for the shaft. Manten˜o style spear or lance points have a hollow, cylindrical stem to attach the shaft. Gold and silver helmets were made for highranking individuals or ceremonial use. 4. Figurines—Small Inka style figurines depict male, female, and animal figures in solid gold or silver. khammond on DSKJM1Z7X2PROD with RULES D. Bone, Shell, and Other Organic Tissue Ceremonial use and trade of Spondylus princeps, a bivalve mollusk native to the coastal Pacific Ocean from modern Panama to the Gulf of Guayaquil, began during the Formative period. Although preservation of organic material is poor in most of Ecuador, utilitarian tools, instruments, and body ornaments made in bone, shell, and other materials may be found. Examples of archaeological organic objects covered in the Agreement include the following objects: VerDate Sep<11>2014 17:46 Feb 13, 2020 Jkt 250001 1. Tools—Sharp bone awls are made from long bones and are often fired to strengthen them. Various bone tools used for weaving include spatulas, needles, combs, shuttles, pick-up sticks, etc. Ritual long-handled spoons are made from bone. Spoons also are made from shell. Shell fish hooks are 3–5 cm in diameter. 2. Musical instruments—Flutes and whistles with a single finger-hole are made from bone. Large gastropod sea shells (e.g., Strombus sp.) were used as trumpets beginning in Early Valdivia times (around 3000 B.C.). 3. Body ornaments—Ornamental clothing pins (tupos or tupus) made from bone usually are topped with a zoomorphic ornament. Shell bracelets, nose rings, and small earrings are common. Ucuyayas are human figures made from Spondylus shell. 4. Human remains—Skeletal remains, soft tissue, and ash from the human body may be preserved in burials and other contexts. II. Ethnological Material Ethnological material covered by the Agreement includes Colonial period ecclesiastical paintings, sculpture, furniture, metalwork, textiles, documents, and manuscripts. In addition, ethnological material includes secular Colonial period paintings, documents, and manuscripts. Quito School artists incorporated into mostly religious art of the Catholic Church particularities of the Andes such as local costumes, indigenous customs, local flora and fauna, and placement within the Andean countryside or cities. A. Paintings Colonial period paintings are made on canvas, copper, marble, or wood panels. Pigments are typically made from pulverized minerals mixed with linseed or almond oil. Early 16th-century paintings use muted color palates of reddish browns and grays. By the 18th century, paintings display greater movement, illumination, and color, including intense blues, reds, and greens. Some paintings are decorated with gold leaf rays, stars, or floral designs. Most paintings are anonymous works, but a few are signed. Examples of ethnological paintings covered in the Agreement include, but are not limited to, the following objects: 1. Colonial period ecclesiastical paintings—Ecclesiastical paintings depict religious subjects including Christ, saints, virgins, angels, bishops, popes, and others. 2. Colonial period secular paintings— Secular paintings include landscapes, portraits, allegorical paintings, and PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 8393 casta paintings depicting racial classifications used in the Spanish colonial empire. B. Sculpture Ecclesiastical sculpture from the Colonial period includes images of religious content carved in wood during the 16th, 17th, and 18th centuries. Sculpture may also incorporate silver, gold, bronze, gesso, vegetal ivory (tagua), ivory, porcelain, glass eyes, or human hair. Quito School artists produced the finest and most soughtafter sculpture in Colonial period Latin America. Quito School 18th-century sculptures are the most famous, including works by Manuel Chili, also known as Caspicara. Examples of ethnological sculpture covered in the Agreement include, but are not limited to, the following objects: 1. Ecclesiastical statues— Ecclesiastical statues carved in wood represent virgins, saints, crucified Christ, baby Jesus, angels and archangels, and figures for nativity scenes. The images are usually life-size. Most statues include the body, face, hands, and clothing sculpted in wood. To give the flesh a luminescent, life-like appearance, artists used the technique of encarnacio´n, a process of painting, varnishing, and sanding the sculpture several times. Clothing is decorated in high relief using techniques such as graffito and estofado that includes layering of paint, lacquer, and gold or silver leaf. Other statues include only carved face and hands attached to a simple wood frame that is covered in robes made from fabric, brocade, or cloth stiffened with gum or paste. Most statues have silver accessories; in the case of the Virgin Mary, these accessories may be halos or coronas, small hearts crossed by a dagger, or earrings or other jewelry. 2. Ecclesiastical relief carvings—Low reliefs or nearly flat sculptures depict saints. 3. Portable altars or triptychs—Small altars of gilded wood or differentcolored wood close like boxes, and smaller religious sculptures are stored inside. C. Furniture Colonial period ecclesiastical furniture was created by teams of designers, carpenters, cabinetmakers, and craftspeople specializing in leather, veneers, or inlaid wood. Additionally, these teams of artisans included carvers, weavers, bronze smiths, locksmiths, and artistic blacksmiths. Examples of ecclesiastical ethnological furniture covered in the Agreement include, but are not limited to, the following objects: E:\FR\FM\14FER1.SGM 14FER1 8394 Federal Register / Vol. 85, No. 31 / Friday, February 14, 2020 / Rules and Regulations 1. Altarpieces or retablos—Elaborate ornamental structures placed behind the altar include attached paintings, sculptures, or other religious objects. 2. Reliquaries and coffins—Containers made from wood, glass, or metal hold and exhibit sacred objects or human remains. 3. Church furnishings—Furnishings used for liturgical rites include pulpits, tabernacles, lecterns, confessionals, pews, choir stalls, chancels, baldachins, and palanquins. D. Metalwork Colonial period ecclesiastical objects made of silver, gold, and other metals were crafted in silversmiths’ workshops for use in religious ceremonies. Designs relate to the Eucharist, such as the Lamb of God, a fish, a dove, a cross, fruit, and vine leaves. These ecclesiastical metal objects incorporate precious stones and jewels. Examples of ecclesiastical ethnological metalwork covered in the Agreement include, but are not limited to, the following objects: 1. Sacred vessels—Pyxes, goblets, chalices, and patens were commonly used for religious ceremonies. Urns and custodia (monstrances) were used to display the communion wafer. 2. Altar furnishings—Candlesticks, candelabra, and processional or stationary crosses were used in religious ceremonies. Decorative plaques were affixed to altars. 3. Statue accoutrements—Crowns, radiations, wings, garment pins, and jewelry adorned many ecclesiastical statues. khammond on DSKJM1Z7X2PROD with RULES E. Textiles Textiles used to perform religious services are often made from fine cotton or silk and may be embroidered with metallic or silk thread, brocades, prints, lace, fabrics, braids, and bobbin lace. Examples of textiles covered in the Agreement include, but are not limited to, the following objects: 1. Religious vestments—Garments worn by the priest and/or other ecclesiastics include cloaks, tunics, surplices, chasubles, dalmatics, albs, amices, stoles, maniples, cinctures, rochets, miters, bonnets, and humeral veils complemented by the so-called blancos or ‘‘whites.’’ 2. Coverings and hangings—Textiles used for liturgical celebrations include altar cloths, towels, and tabernacle veils. F. Documents and Manuscripts Original handwritten texts or printed texts of limited circulation made during the Colonial period are primarily on paper, parchment, and vellum. They include books, single folios, or collections of related documents bound with string. Documents may contain a wax, clay, or ink seals or stamps denoting a public or ecclesiastical institution. Seals may be affixed to the document or attached with cords or ribbons. Because many of these documents are of institutional or official nature, they may have multiple signatures, denoting scribes, witnesses, and other authorities. Documents are generally written in Spanish, but may be composed in an indigenous language such as Quichua. Examples of ethnological documents and manuscripts covered in the Agreement include, but are not limited to, the following objects: 1. Colonial period ecclesiastical documents and manuscripts—These include religious texts, hymnals, and church records. 2. Colonial period secular documents and manuscripts—These include, but are not limited to, notary documents (e.g., wills, bills of sale, contracts) and documents of the city councils, Governorate of New Castile, Royal Audience of Quito, Viceroyalty of Peru, Viceroyalty of New Granada, or the Council of the Indies. 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 Orders 12866 and 13771 CBP has determined that this document is not a regulation or rule subject to the provisions of Executive Order 12866 or Executive Order 13771 because it pertains to a foreign affairs function of the United States, as described above, and therefore is specifically exempted by section 3(d)(2) of Executive Order 12866 and section 4(a) of Executive Order 13771. Signing Authority This regulation is being issued in accordance with 19 CFR 0.1(a)(1) pertaining to the Secretary of the Treasury’s authority (or that of his/her delegate) to approve regulations related to customs revenue functions. 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 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. * * * * * * * * 2. In § 12.104g, the table in paragraph (a) is amended by adding Ecuador to the list in alphabetical order to read as follows: § 12.104g Specific items or categories designated by agreements or emergency actions. (a) * * * Cultural property * Ecuador .................. * * * * * Archaeological and ethnological material representing Ecuador’s cultural heritage that is at least 250 years old, dating from the Pre-ceramic (approximately 12,000 B.C.), Formative, Regional development, Integration, Inka periods and into the Colonial period to A.D. 1769. VerDate Sep<11>2014 * 17:46 Feb 13, 2020 * Jkt 250001 PO 00000 * Frm 00022 Fmt 4700 Decision No. * Sfmt 4700 * ■ State party * * Sections 12.104 through 12.104i also issued under 19 U.S.C. 2612; E:\FR\FM\14FER1.SGM * 14FER1 * CBP Dec. 20–03. * Federal Register / Vol. 85, No. 31 / Friday, February 14, 2020 / Rules and Regulations National Indian Gaming Commission multiplier for 2020 is 1.01764, based on the Consumer Price Index for the month of October 2019, not seasonally adjusted. Pursuant to this guidance, the Commission has calculated the annual adjustment level of the civil monetary penalty contained in 25 CFR 575.4 (‘‘The Chairman may assess a civil fine, not to exceed $52,596 per violation, against a tribe, management contractor, or individual operating Indian gaming for each notice of violation . . .’’). The 2020 adjusted level of the civil monetary penalty is $53,524 ($52,596 x 1.01764). 25 CFR Part 575 III. Regulatory Matters * * * * * Mark A. Morgan, Acting Commissioner, U.S. Customs and Border Protection. Approved: February 11, 2020. Timothy E. Skud, Deputy Assistant Secretary, Department of the Treasury. [FR Doc. 2020–03118 Filed 2–12–20; 4:15 pm] BILLING CODE 9111–14–P DEPARTMENT OF THE INTERIOR Regulatory Planning and Review Annual Adjustment of Civil Monetary Penalty To Reflect Inflation National Indian Gaming Commission. ACTION: Final rule. AGENCY: In compliance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the Act) and Office of Management and Budget (OMB) guidance, the National Indian Gaming Commission (NIGC or Commission) is amending its civil monetary penalty rule to reflect an annual adjustment for inflation in order to improve the penalty’s effectiveness and maintain its deterrent effect. The Act provides that the new penalty level must apply to penalties assessed after the effective date of the increase, including when the penalties whose associated violation predate the increase. DATES: Effective February 14, 2020. FOR FURTHER INFORMATION CONTACT: Armando J. Acosta, Senior Attorney, Office of General Counsel, National Indian Gaming Commission, at (202) 632–7003; fax (202) 632–7066 (not tollfree numbers). SUPPLEMENTARY INFORMATION: SUMMARY: khammond on DSKJM1Z7X2PROD with RULES I. Background On November 2, 2015, the President signed into law the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Sec. 701 of Public Law 114–74). Beginning in 2017, the Act requires agencies to make annual inflationary adjustments to their civil monetary penalties by January 15th of each year, in accordance with annual OMB guidance. II. Calculation of Annual Adjustment In December of every year, OMB issues guidance to agencies to calculate the annual adjustment. According to OMB, the cost-of-living adjustment VerDate Sep<11>2014 17:46 Feb 13, 2020 Jkt 250001 This final rule is not a significant rule under Executive Order 12866. (1) This rule will not have an effect of $100 million or more on the economy or will not adversely affect, in a material way, the economy, productivity, competition, jobs, the environment, public health or safety, or state, local, or tribal governments or communities. (2) This rule will not create a serious inconsistency or otherwise interfere with an action taken or planned by another agency. (3) This rule does not involve entitlements, grants, user fees, or loan programs or the rights or obligations of recipients. (4) This regulatory change does not raise novel legal or policy issues. Regulatory Flexibility Act The Commission certifies that this rule will not have a significant economic effect on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) because the rule makes annual adjustments for inflation. Small Business Regulatory Enforcement Fairness Act This final rule is not a major rule under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act. It will not result in the expenditure by state, local, or tribal governments, in the aggregate, or by the private sector of $100 million or more in any one year. The rule will not result in a major increase in costs or prices for consumers, individual industries, federal, state, or local government agencies, or geographic regions. Nor will this rule have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of the U.S.-based enterprises to compete with foreign-based enterprises. PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 8395 Unfunded Mandates Reform Act This final rule does not impose an unfunded mandate of more than $100 million per year on state, local, or tribal governments or the private sector. The rule also does not have a significant or unique effect on state, local, or tribal governments or the private sector. Therefore, a statement containing the information required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.) is not required. Takings Under the criteria in Executive Order 12630, this final rule does not affect individual property rights protected by the Fifth Amendment nor does it involve a compensable ‘‘taking.’’ Thus, a takings implication assessment is not required. Federalism Under the criteria in Executive Order 13132, this final rule has no substantial direct effect on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. Civil Justice Reform This final rule complies with the requirements of Executive Order 12988. Specifically, this rule has been reviewed to eliminate errors and ambiguity and written to minimize litigation. It is written in clear language and contains clear legal standards. Consultation With Indian Tribes In accordance with the President’s memorandum of April 29, 1994, Government-to-Government Relations with Native American Tribal Governments, Executive Order 13175 (59 FR 22951, November 6, 2000), the Commission has determined that consultations with Indian gaming tribes is not practicable, as Congress has mandated that annual civil penalty adjustments in the Act be implemented no later than January 15th of each year. Paperwork Reduction Act This final rule does not affect any information collections under the Paperwork Reduction Act. National Environmental Policy Act This final rule does not constitute a major federal action significantly affecting the quality of the human environment. Information Quality Act In developing this final rule, the Commission did not conduct or use a E:\FR\FM\14FER1.SGM 14FER1

Agencies

[Federal Register Volume 85, Number 31 (Friday, February 14, 2020)]
[Rules and Regulations]
[Pages 8389-8395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03118]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Part 12

[CBP Dec. 20-03]
RIN 1515-AE52


Import Restrictions Imposed on Archaeological and Ethnological 
Material From Ecuador

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

[[Page 8390]]

(CBP) regulations to reflect the imposition of import restrictions on 
certain archaeological and ethnological material from Ecuador. These 
restrictions are being imposed pursuant to an agreement between the 
United States and Ecuador that has been entered into under the 
authority of the Convention on Cultural Property Implementation Act. 
The final rule amends CBP regulations by adding Ecuador to the list of 
countries which have a bilateral agreement with the United States that 
imposes cultural property import restrictions. The final rule also 
contains the designated list that describes the types of archaeological 
and ethnological material to which the restrictions apply.

DATES: Effective February 12, 2020.

FOR FURTHER INFORMATION CONTACT: For legal aspects, Lisa L. Burley, 
Chief, Cargo Security, Carriers and Restricted Merchandise Branch, 
Regulations and Rulings, Office of Trade, (202) 325-0300, [email protected]. For operational aspects, Genevieve S. 
Dozier, Management and Program Analyst, Commercial Targeting and 
Analysis Center, Trade Policy and Programs, Office of Trade, (202) 945-
2942, [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The Convention on Cultural Property Implementation Act, Public Law 
97-446, 19 U.S.C. 2601 et seq. (``the Cultural Property Implementation 
Act'') 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'' (823 U.N.T.S. 231 
(1972))). Pursuant to the Cultural Property Implementation Act, the 
United States entered into a bilateral agreement with Ecuador to impose 
import restrictions on certain Ecuadorean archaeological and 
ethnological material. This rule announces that the United States is 
now imposing import restrictions on certain archaeological and 
ethnological material from Ecuador.

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 October 19, 2018, the 
Assistant Secretary for Educational and Cultural Affairs, United States 
Department of State, after consultation with and recommendation by the 
Cultural Property Advisory Committee, made the determinations required 
under the statute with respect to certain archaeological and 
ethnological material originating in Ecuador that are described in the 
designated list set forth below in this document.
    These determinations include the following: (1) That the cultural 
patrimony of Ecuador is in jeopardy from the pillage of archaeological 
or ethnological material representing Ecuador's cultural heritage 
dating from approximately 12,000 B.C. up to 250 years old, including 
material starting in the Pre-ceramic period and going into the Colonial 
period (19 U.S.C. 2602(a)(1)(A)); (2) that the Ecuadorean 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 material described in the 
determinations meets the statutory definition of ``archaeological or 
ethnological material of the State Party'' (19 U.S.C. 2601(2)).

The Agreement

    On May 22, 2019, the United States and Ecuador entered into a 
bilateral agreement, ``Memorandum of Understanding between the 
Government of the United States of America and the Government of the 
Republic of Ecuador Concerning the Imposition of Import Restrictions on 
Categories of Archaeological and Ethnological Material of Ecuador'' 
(``the Agreement''), pursuant to the provisions of 19 U.S.C. 
2602(a)(2). The Agreement enables the promulgation of import 
restrictions on categories of archaeological and ethnological material 
representing Ecuador's cultural heritage that are at least 250 years 
old, dating as far back as the Pre-ceramic period (approximately 12,000 
B.C.) through the Formative, Regional development, Integration, and 
Inka periods and into the Colonial period. A list of the categories of 
archaeological and ethnological material subject to the import 
restrictions is set forth later in this document.

Restrictions and Amendment to the Regulations

    In accordance with the Agreement, importation of material 
designated below is subject to the restrictions of 19 U.S.C. 2606 and 
Sec.  12.104g(a) of title 19 of the Code of Federal 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 CBP 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.
    Import restrictions listed at 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 may be 
extended for additional periods of not more than five years if it is 
determined that the factors which justified the Agreement still pertain 
and no cause for suspension of the Agreement exists. Pursuant to the 
MOU, the import restrictions entered into force upon delivery of the 
U.S. diplomatic note to Ecuador on May 22, 2019. Therefore, the import 
restrictions will expire on May 22, 2024, unless extended.

Designated List of Archaeological and Ethnological Material of Ecuador

    The Agreement includes, but is not limited to, the categories of 
objects described in the designated list set forth below. Importation 
of material on this list is restricted unless the material is 
accompanied by documentation certifying that the material left Ecuador 
legally and not in violation of the export laws of Ecuador.
    The designated list includes archaeological and ethnological 
material. Archaeological material of ceramic, stone, metal, and organic 
tissue ranges in date from approximately 12,000 B.C. to A.D. 1769, 
which is 250 years from the signing of the Agreement. Ethnological 
material includes Colonial period ecclesiastical paintings, sculpture, 
furniture, metalwork, textiles, documents, and manuscripts. In 
addition, ethnological material includes secular Colonial period 
paintings, documents, and manuscripts.

Additional Resource

    National Institute of Cultural Patrimony, Ecuador, Gu[iacute]a de 
identificaci[oacute]n de bienes culturales patrimoniales (Guide for 
identification of cultural patrimony goods) (2d ed. 2011), http://patrimoniocultural.gob.ec/guia-de-identificacion-de-bienes-culturales-patrimoniales/.

[[Page 8391]]

Categories of Materials

I. Archaeological Material
    A. Stone
    B. Ceramic
    C. Metal
    D. Bone, Shell, and Other Organic Tissue
II. Ethnological Material
    A. Paintings
    B. Sculpture
    C. Furniture
    D. Metalwork
    E. Textiles
    F. Documents and Manuscripts

I. Archaeological Material

    Archaeological material covered by the Agreement is associated with 
the diverse cultural groups that resided in this region from the 
earliest human settlement of the Pre-ceramic period and into the 
Colonial period (approximately 12,000 B.C. to A.D. 1769).

Approximate Chronology of Well-Known Archaeological Styles

    (a) Pre-ceramic period: El Cubil[aacute]n (12,606 B.C.), 
Montequinto (11,858 B.C.), Las Mercedes (11,500 B.C.), El Inga (11,000 
B.C.), Guagua Canoayacu (9905 B.C.), Gran Cacao (9386 B.C.), Chobshi 
(9000-6500 B.C.), and Las Vegas (8800-4500 B.C.).
    (b) Formative period: Valdivia (3800-1500 B.C.), Mayo Chinchipe 
(3000-2000 B.C.), Cerro Narrio (2000-400 B.C.), Cotocollao (1800-350 
B.C.), Machalilla (1600-800 B.C.), and Chorrera (1000-100 B.C.).
    (c) Regional development period: La Tolita (600 B.C.-A.D. 400), 
Tiaone (600 B.C.-A.D. 400), Bah[iacute]a (500 B.C.-A.D. 650), Cosanga 
(500 B.C.-A.D. 1532), Jama Coaque I (350 B.C.-A.D. 100), Upano (300 
B.C.-A.D. 500), and Guangala (100 B.C.-A.D. 800).
    (d) Integration period: Puruh[aacute] (A.D. 300-1500), 
Ca[ntilde]ari (A.D. 400-1500), Atacames (A.D. 400-1532), Jama-Coaque II 
(A.D. 400-1532), Milagro Quevedo (A.D. 400-1532), Mante[ntilde]o-
Huancavilca (A.D. 500-1532), Pasto (A.D. 700-1500), Napo (A.D. 1200-
1532), and Caranqui (A.D. 1250-1500).
    (e) Inka period: A.D. 1470-1532.
    (f) Colonial period: A.D. 1532-1822.

A. Stone

    Early chipped stone tools mark the appearance of the first people 
to inhabit the region and continued to be used throughout history. 
Polished stone axes became common in the Formative period. Highly 
skilled stoneworkers created elaborately carved mortars, figurines, 
seats, and other items for use in daily and ceremonial life. Examples 
of archaeological stone objects covered in the Agreement include the 
following objects:
    1. Chipped stone tools--Projectile points and tools for scraping, 
cutting, or perforating are made primarily from basalt, quartzite, 
chert, chalcedony, or obsidian and are 5-8 cm long.
    2. Polished stone tools--Axes or hoes are typically made in basalt 
or andesite and are about 12 cm long and 8-9 cm wide with a cutting 
edge on one end and a flat or slightly grooved edge with ``ears'' on 
the other side to attach a handle. Some axes have a hole used to attach 
the handle with cord. Ceremonial axes are highly polished and lack use 
marks. Hooks, in the shape of small anvils or birds, and weights for 
spear-throwers (i.e., atlatls) are made from quartzite, chalcedony, and 
serpentine. Mace heads and stone shields are made from polished stone.
    3. Receptacles--Polished stone bowls may be undecorated or 
decorated with incisions or notches about 10-20 cm in diameter. Mortars 
made from volcanic rock may be undecorated or carved in the shape of 
animals, including felines (e.g., Valdivia style mortars).
    4. Ornaments--Beads are made of quartz, turquoise, and other stone. 
Round or oval obsidian mirrors are relatively thin with one unworked 
side and one polished side. Earrings and ear plugs are made from quartz 
or obsidian.
    5. Figurines--Valdivia style human figurines are small (3-5 cm 
tall) and range from simple plaques to detailed three-dimensional 
statuettes. These figurines are made from calcium carbonate and often 
combine feminine and masculine attributes. Quitu-Chaupicruz monoliths 
are stone posts up to 90 cm tall with tapered bases topped with 
anthropomorphic figures.
    6. Sculpture--Terminal Valdivia style rectangular or square plaques 
and blocks are made of white or gray volcanic tuff or other stone with 
smooth faces or faces decorated with lines or circles depicting human 
or avian imagery. Mante[ntilde]o style seats are monolithic sculptures 
with U-shaped seats resting on zoomorphic, anthropomorphic, or 
undecorated pedestals on a rectangular base.

B. Ceramic

    The earliest-known pottery in Ecuador dates to the Formative period 
(about 4400 B.C.). Highly skilled potters in the region created diverse 
and elaborate vessels, figurines, sculptural pottery, musical 
instruments, and other utilitarian and ceremonial items. Ceramics vary 
widely between archaeological styles. Decorations include paint (red, 
black, white, green, and beige) or surface decorations such as 
incisions, excisions, punctations, combing, fingernail marks, 
corrugations, modelling, etc. Pre-Columbian vessels are never glazed; 
shiny surfaces are created only by burnishing. Pre-Columbian potters 
did not use a pottery wheel, so vessels do not have the regular 
striations or perfectly spherical shapes characteristic of wheel-made 
pottery. Examples of archaeological ceramic objects covered in the 
Agreement include the following objects:
    1. Vessels--There are three basic types of vessels: Plates, bowls, 
and jars. Forms and decoration vary among archaeological styles and 
over time. Some of the most well-known types are highlighted below.
    a. Plates have flat or slightly convex bases, occasionally with 
annular support. Rims are everted, inverted, or vertical, sometimes 
with zoomorphic modelled appliqu[eacute] or masks on the exterior. The 
interior surface is often painted with geometric, anthropomorphic, or 
zoomorphic designs (e.g., Carchi style plates). Most Inka style plates 
from Tomebamba have handles and vertical walls without interior paint 
and some are flat with handles in the form of a bird or llama. Napo 
culture platters (fuentes) often have polychrome designs.
    b. Bowls and cups may have everted or inverted rims, and they may 
have annular or polypod bases. Interior and/or exterior decorations may 
be made with incisions, negative painting, iridescent paint, etc. Bowls 
with pedestal bases are known as compoteras. Carchi style compoteras 
have anthropomorphic and zoomorphic negative paint designs. A llipta 
box or poporo is a very small bowl decorated with incisions or paint in 
round, zoomorphic, or anthropomorphic shapes. [Note: Llipta is a 
mixture of lime and/or ash used when chewing coca leaves.] Related to 
bowls, cups may have everted rims (e.g., Azuay style and Ca[ntilde]ar 
style cups and Inka keros) or inverted rims (e.g., Puruh[aacute] style 
timbales). Milagro-Quevedo style tripod or pedestal bowls known as 
cocinas de brujos sometimes have handles and are often decorated with 
modelled reliefs of snake heads, toads, serpents, and nude human 
figures.
    c. Jars are globular vessels with short necks, sometimes with 
exterior decoration on the entire vessel or only on the upper half. 
Jars sometimes have feet, usually three. Bottles are a type of jar with 
a long spout attached to the body by a handle. Some bottles have 
stirrup handles. Some bottles have an interior mechanism that regulates 
movement of air and liquid to create a whistling sound. Very large jars 
are called c[aacute]ntaros. C[aacute]ntaros have wide

[[Page 8392]]

mouths and typically have convex or conical bases; in a few cases, 
bases are flat and small. Carchi style c[aacute]ntaros or botijuelas 
are ovoid in shape, have long necks, are decorated with red or negative 
paint, and sometimes have a modelled human face attached to the neck. 
Puruh[aacute] style c[aacute]ntaros are rounder, with bodies covered in 
negative paint designs and an everted rectilinear neck that is usually 
decorated with handles and a modelled human face. Chicha jars or 
tinajas are very large, usually undecorated jars. Funerary urns may be 
various sizes depending on whether they contained skeletal remains or 
ashes. There are two types of Napo style funerary urns with polychrome 
decorations: Large, elongated vessels with a bulge at the base and 
anthropomorphic, ceramic statues. Inka style ar[iacute]balos have long 
necks with everted rims and bulging bodies with two handles near the 
base, a modelled zoomorphic knob near the neck, and a pointed base. 
Imperial style ar[iacute]balos have primarily geometric, polychrome 
painting. Local style ar[iacute]balos have the same shape but are 
roughly made and undecorated.
    2. Figurines--Figurine manufacturing was common in pre-Columbian 
Ecuador. Anthropomorphic figurines are solid or hollow clay with 
diverse representations of the body. The size of the figurines varies 
from less than 10 cm tall to statues over 50 cm tall. Some of the best-
known types are described below:
    a. Valdivia style ceramic ``Venus figures'' are small, female 
figurines in fired clay with detailed treatment of the torso and head. 
Machalilla and Chorrera figures are larger (up to 40 cm) and usually 
mold-made and decorated with white slip and red painted designs with 
humans (more often women than men) depicted in the nude with arms by 
the side or slightly raised.
    b. Low-relief, mold-made figurines were common, including Chorrera 
style figurines in zoomorphic and phytomorphic shapes (e.g., squashes, 
babacos, monkeys, canines, opossums, felines, and birds).
    c. Guangala style and Jama-Coaque style figurines use modeled clay 
to depict body adornments or clothing of men and women. Bodies and 
ornaments may be painted black, green, red, or yellow. Jama-Coaque 
figurines, some up to 30 cm tall, with abundant molded decorations and 
rich painting depict individuals' occupations and social statuses 
(e.g., seated shamans with llipta boxes, farmers with bags of seeds and 
digging sticks, warriors with helmets, spear-throwers and shields, 
seated jewelry makers with jewels in their laps, hunters carrying or 
slaughtering their prey, masked figures, dancers with wings or fancy 
dress, and characters in costumes that indicate privileged status).
    d. Figurines from Bah[iacute]a are generally medium-sized (about 25 
cm tall). The ``giants of Bah[iacute]a'' are up to 50 cm tall and 
typically depict shaman figures or elite personages seated cross-legged 
or standing with elaborate attire, adornment, and headdresses. They 
often exhibit a necklace adorned with a one to three white tusk-like 
ornaments.
    e. Tolita figurines include individuals of high status and 
representations of daily life as well as anthropomorphic figures with 
mammal or bird heads. Tolita style heads and small figures without slip 
and detailed facial expressions are common. Some hollow heads have 
perforations and may have been suspended from cords, similar to the 
tzantzas (shrunken heads) of the Shuar.
    f. Mante[ntilde]o style figurines are standardized with polished, 
black surfaces, almost always standing and with body adornments. There 
are some seated figures, including Mante[ntilde]o style incense burners 
depicting men, apparently entranced, with wide plates on their heads 
and elaborate incisions depicting body tattoos.
    g. Carchi coquero figurines depict a seated individual in a 
hallucinogenic trance with a bulging cheek indicating that the 
individual is chewing coca. The bulging cheek is also common in Cosanga 
figurines from Amazonia. Other figurines from Amazonia are rough and 
their typology is not well known.
    3. Musical instruments--During the Integration period, flutes--
typically with four finger holes--were common in the northern Sierra. 
Throughout the coast and highlands, whistles in human or animal form, 
frequently birds, were common. Ceramic whistles in the form of sea 
shells (sometimes called ocarinas) are often decorated with geometric, 
anthropomorphic, and zoomorphic designs.
    4. Masks--Human and zoomorphic masks made of clay, shell, and metal 
with varied facial expressions were common in pre-Columbian Ecuador. 
Many masks have small holes along the upper edge so that they can be 
suspended as pectorals. Rectangular, clay plaques depicting humans, 
sometimes in erotic motifs, have similar holes for suspension.
    5. Stamps--Stamps are made from solid clay, including cylindrical 
roller stamps and flat stamps with a small handle on one side. Low 
relief geometric designs include stylized anthropomorphic, 
phytomorphic, and zoomorphic motifs. Small conical clay spindle whorls 
called torteros or fusaiolas have similar designs and a hole in the 
middle to be attached to a spindle.
    6. Beads--Beads are small round pieces of ceramic with polished 
edges and a hole in the center.
    7. Graters--Graters are long thin plates, often in the shape of a 
fish, with a concentration of embedded sharp stones on one side for 
scraping or grating. Some scrapers lack embedded stones but are 
decorated with deep incisions in the scraping surface. Bowls 
occasionally contain embedded scraping stones.
    8. Neck rests--Bah[iacute]a style and Jama-Coaque style neck rests, 
called descansanucas, are made from a slightly concave, rectangular, 
ceramic slab resting on a pedestal made from a flat slab of the same 
size supporting columns or a wide pillar in the shape of a house or 
human face.
    9. House models--House models, or maquetas, from the coastal region 
have slightly concave roofs and walls that rest on a base that contains 
stairs and, sometimes, human figures guarding the entrance. In some 
cases, the interior columns supporting the roof are visible. These are 
typically found in the Jama-Coaque and La Tolita cultures, and many of 
them are functioning bottle forms used in drinking rituals. In the 
northern highlands, models of round houses represent typical domestic 
structures of the region.

C. Metal

    Objects of gold, platinum, silver, copper, and tumbaga (an alloy of 
copper and gold) were common in pre-Columbian Ecuador. Several pre-
Columbian cultures practiced metalwork on the coast (e.g., Guangala, 
Bah[iacute]a, Jama-Coaque, La Tolita, Mante[ntilde]o and Milagro-
Quevedo), in the highlands (e.g., Capul[iacute], Piartal, Puruh[aacute] 
and Ca[ntilde]ari), and in Amazonia (e.g., Cosanga). The Inka 
introduced bronze, an alloy of copper and tin. Metallurgists were 
skilled at creating alloys and gold- and copper-plating. Objects were 
made by using melted metal or hammering metal sheets. Parts of compound 
objects were made separately and assembled mechanically. Examples of 
archaeological metal objects covered in the Agreement include the 
following objects:
    1. Tools--Chisels are flat copper strips about 7 cm long and are 
beveled on one end. Copper needles vary in size from 3 to 8 cm long. 
There are also copper fish hooks, cylindrical punches, and long-handled 
spoons. Functional copper axes are similar in shape to stone

[[Page 8393]]

axes. Ceremonial copper axes lack a cutting edge, are sometimes silver 
plated, and are decorated on both faces in high and low relief, often 
in geometric designs.
    A tumi is a type of axe with a long handle and a semicircular or 
rectilinear blade. Axe-monies (hachas monedas) are thin, axe-shaped 
sheets of arsenical copper that are 7-8 cm long and often found in 
bundles or carefully grouped.
    2. Body ornaments--Copper ear piercers may have a hollow handle to 
facilitate insertion of the post. Gold, silver, and copper crowns and 
diadems are decorated with engraved or embossed designs. Pre-Columbian 
people in the region used a wide variety of nose ornaments including 
oval or circular plates open at the top for insertion into the nasal 
septum, ornaments with tubular bodies, and scroll or zoomorphic 
ornaments. Solid or hollow ear ornaments, sometimes with hanging 
decorations, and labrets are also common. Concave copper disc pectorals 
with embossed human faces often have holes at the mouth suggesting the 
existence of a tongue that would have functioned as a rattle. 
Ornamental clothing pins (tupos or tupus) made of copper, silver, and 
gold are topped with a circular or semicircular plate. Gold masks are 
made of embossed thin gold sheets. Some masks are a single piece of 
gold, others have additional elements such as diadems, pendants, and 
platinum eyes. Necklaces vary and often combine metal, Spondylus shell, 
and semi-precious stones.
    3. Weapons--Bronze star-shaped mace heads typically have six 
points. Spear or lance points are made from silver sheets rolled into 
cones leaving a hole for the shaft. Mante[ntilde]o style spear or lance 
points have a hollow, cylindrical stem to attach the shaft. Gold and 
silver helmets were made for high-ranking individuals or ceremonial 
use.
    4. Figurines--Small Inka style figurines depict male, female, and 
animal figures in solid gold or silver.

D. Bone, Shell, and Other Organic Tissue

    Ceremonial use and trade of Spondylus princeps, a bivalve mollusk 
native to the coastal Pacific Ocean from modern Panama to the Gulf of 
Guayaquil, began during the Formative period. Although preservation of 
organic material is poor in most of Ecuador, utilitarian tools, 
instruments, and body ornaments made in bone, shell, and other 
materials may be found. Examples of archaeological organic objects 
covered in the Agreement include the following objects:
    1. Tools--Sharp bone awls are made from long bones and are often 
fired to strengthen them. Various bone tools used for weaving include 
spatulas, needles, combs, shuttles, pick-up sticks, etc. Ritual long-
handled spoons are made from bone. Spoons also are made from shell. 
Shell fish hooks are 3-5 cm in diameter.
    2. Musical instruments--Flutes and whistles with a single finger-
hole are made from bone. Large gastropod sea shells (e.g., Strombus 
sp.) were used as trumpets beginning in Early Valdivia times (around 
3000 B.C.).
    3. Body ornaments--Ornamental clothing pins (tupos or tupus) made 
from bone usually are topped with a zoomorphic ornament. Shell 
bracelets, nose rings, and small earrings are common. Ucuyayas are 
human figures made from Spondylus shell.
    4. Human remains--Skeletal remains, soft tissue, and ash from the 
human body may be preserved in burials and other contexts.

II. Ethnological Material

    Ethnological material covered by the Agreement includes Colonial 
period ecclesiastical paintings, sculpture, furniture, metalwork, 
textiles, documents, and manuscripts. In addition, ethnological 
material includes secular Colonial period paintings, documents, and 
manuscripts. Quito School artists incorporated into mostly religious 
art of the Catholic Church particularities of the Andes such as local 
costumes, indigenous customs, local flora and fauna, and placement 
within the Andean countryside or cities.

A. Paintings

    Colonial period paintings are made on canvas, copper, marble, or 
wood panels. Pigments are typically made from pulverized minerals mixed 
with linseed or almond oil. Early 16th-century paintings use muted 
color palates of reddish browns and grays. By the 18th century, 
paintings display greater movement, illumination, and color, including 
intense blues, reds, and greens. Some paintings are decorated with gold 
leaf rays, stars, or floral designs. Most paintings are anonymous 
works, but a few are signed. Examples of ethnological paintings covered 
in the Agreement include, but are not limited to, the following 
objects:
    1. Colonial period ecclesiastical paintings--Ecclesiastical 
paintings depict religious subjects including Christ, saints, virgins, 
angels, bishops, popes, and others.
    2. Colonial period secular paintings--Secular paintings include 
landscapes, portraits, allegorical paintings, and casta paintings 
depicting racial classifications used in the Spanish colonial empire.

B. Sculpture

    Ecclesiastical sculpture from the Colonial period includes images 
of religious content carved in wood during the 16th, 17th, and 18th 
centuries. Sculpture may also incorporate silver, gold, bronze, gesso, 
vegetal ivory (tagua), ivory, porcelain, glass eyes, or human hair. 
Quito School artists produced the finest and most sought-after 
sculpture in Colonial period Latin America. Quito School 18th-century 
sculptures are the most famous, including works by Manuel Chili, also 
known as Caspicara. Examples of ethnological sculpture covered in the 
Agreement include, but are not limited to, the following objects:
    1. Ecclesiastical statues--Ecclesiastical statues carved in wood 
represent virgins, saints, crucified Christ, baby Jesus, angels and 
archangels, and figures for nativity scenes. The images are usually 
life-size. Most statues include the body, face, hands, and clothing 
sculpted in wood. To give the flesh a luminescent, life-like 
appearance, artists used the technique of encarnaci[oacute]n, a process 
of painting, varnishing, and sanding the sculpture several times. 
Clothing is decorated in high relief using techniques such as graffito 
and estofado that includes layering of paint, lacquer, and gold or 
silver leaf. Other statues include only carved face and hands attached 
to a simple wood frame that is covered in robes made from fabric, 
brocade, or cloth stiffened with gum or paste. Most statues have silver 
accessories; in the case of the Virgin Mary, these accessories may be 
halos or coronas, small hearts crossed by a dagger, or earrings or 
other jewelry.
    2. Ecclesiastical relief carvings--Low reliefs or nearly flat 
sculptures depict saints.
    3. Portable altars or triptychs--Small altars of gilded wood or 
different-colored wood close like boxes, and smaller religious 
sculptures are stored inside.

C. Furniture

    Colonial period ecclesiastical furniture was created by teams of 
designers, carpenters, cabinetmakers, and craftspeople specializing in 
leather, veneers, or inlaid wood. Additionally, these teams of artisans 
included carvers, weavers, bronze smiths, locksmiths, and artistic 
blacksmiths. Examples of ecclesiastical ethnological furniture covered 
in the Agreement include, but are not limited to, the following 
objects:

[[Page 8394]]

    1. Altarpieces or retablos--Elaborate ornamental structures placed 
behind the altar include attached paintings, sculptures, or other 
religious objects.
    2. Reliquaries and coffins--Containers made from wood, glass, or 
metal hold and exhibit sacred objects or human remains.
    3. Church furnishings--Furnishings used for liturgical rites 
include pulpits, tabernacles, lecterns, confessionals, pews, choir 
stalls, chancels, baldachins, and palanquins.

D. Metalwork

    Colonial period ecclesiastical objects made of silver, gold, and 
other metals were crafted in silversmiths' workshops for use in 
religious ceremonies. Designs relate to the Eucharist, such as the Lamb 
of God, a fish, a dove, a cross, fruit, and vine leaves. These 
ecclesiastical metal objects incorporate precious stones and jewels. 
Examples of ecclesiastical ethnological metalwork covered in the 
Agreement include, but are not limited to, the following objects:
    1. Sacred vessels--Pyxes, goblets, chalices, and patens were 
commonly used for religious ceremonies. Urns and custodia (monstrances) 
were used to display the communion wafer.
    2. Altar furnishings--Candlesticks, candelabra, and processional or 
stationary crosses were used in religious ceremonies. Decorative 
plaques were affixed to altars.
    3. Statue accoutrements--Crowns, radiations, wings, garment pins, 
and jewelry adorned many ecclesiastical statues.

E. Textiles

    Textiles used to perform religious services are often made from 
fine cotton or silk and may be embroidered with metallic or silk 
thread, brocades, prints, lace, fabrics, braids, and bobbin lace. 
Examples of textiles covered in the Agreement include, but are not 
limited to, the following objects:
    1. Religious vestments--Garments worn by the priest and/or other 
ecclesiastics include cloaks, tunics, surplices, chasubles, dalmatics, 
albs, amices, stoles, maniples, cinctures, rochets, miters, bonnets, 
and humeral veils complemented by the so-called blancos or ``whites.''
    2. Coverings and hangings--Textiles used for liturgical 
celebrations include altar cloths, towels, and tabernacle veils.

F. Documents and Manuscripts

    Original handwritten texts or printed texts of limited circulation 
made during the Colonial period are primarily on paper, parchment, and 
vellum. They include books, single folios, or collections of related 
documents bound with string. Documents may contain a wax, clay, or ink 
seals or stamps denoting a public or ecclesiastical institution. Seals 
may be affixed to the document or attached with cords or ribbons. 
Because many of these documents are of institutional or official 
nature, they may have multiple signatures, denoting scribes, witnesses, 
and other authorities. Documents are generally written in Spanish, but 
may be composed in an indigenous language such as Quichua. Examples of 
ethnological documents and manuscripts covered in the Agreement 
include, but are not limited to, the following objects:
    1. Colonial period ecclesiastical documents and manuscripts--These 
include religious texts, hymnals, and church records.
    2. Colonial period secular documents and manuscripts--These 
include, but are not limited to, notary documents (e.g., wills, bills 
of sale, contracts) and documents of the city councils, Governorate of 
New Castile, Royal Audience of Quito, Viceroyalty of Peru, Viceroyalty 
of New Granada, or the Council of the Indies.

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 Orders 12866 and 13771

    CBP has determined that this document is not a regulation or rule 
subject to the provisions of Executive Order 12866 or Executive Order 
13771 because it pertains to a foreign affairs function of the United 
States, as described above, and therefore is specifically exempted by 
section 3(d)(2) of Executive Order 12866 and section 4(a) of Executive 
Order 13771.

Signing Authority

    This regulation is being issued in accordance with 19 CFR 0.1(a)(1) 
pertaining to the Secretary of the Treasury's authority (or that of 
his/her delegate) to approve regulations related to customs revenue 
functions.

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, the table in paragraph (a) is amended by adding 
Ecuador to the list in alphabetical order to read as follows:


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

    (a) * * *

----------------------------------------------------------------------------------------------------------------
          State party                         Cultural property                           Decision No.
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Ecuador.......................  Archaeological and ethnological material       CBP Dec. 20-03.
                                 representing Ecuador's cultural heritage
                                 that is at least 250 years old, dating from
                                 the Pre-ceramic (approximately 12,000 B.C.),
                                 Formative, Regional development,
                                 Integration, Inka periods and into the
                                 Colonial period to A.D. 1769.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[[Page 8395]]

* * * * *

Mark A. Morgan,
Acting Commissioner, U.S. Customs and Border Protection.
    Approved: February 11, 2020.
Timothy E. Skud,
Deputy Assistant Secretary, Department of the Treasury.
[FR Doc. 2020-03118 Filed 2-12-20; 4:15 pm]
 BILLING CODE 9111-14-P