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

Agencies

• DEPARTMENT OF HOMELAND SECURITY
• U.S. Customs and Border Protection
• DEPARTMENT OF THE TREASURY

[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.

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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), https://patrimoniocultural.gob.ec/guia-de-identificacion-de-bienes-culturales-patrimoniales/.

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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

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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

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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