Imposition of Import Restrictions on Categories of Archaeological and Ethnological Material From Morocco, 6561-6566 [2021-01394]

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For information on the availability of this material at NARA, VerDate Sep<11>2014 17:17 Jan 21, 2021 Jkt 253001 email: fedreg.legal@nara.gov, or go to: https://www.archives.gov/federal-register/cfr/ ibr-locations.html. Issued on December 28, 2020. Lance T. Gant, Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2021–01332 Filed 1–21–21; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection DEPARTMENT OF THE TREASURY 19 CFR Part 12 [CBP Dec. 21–02] RIN 1515–AE60 Imposition of Import Restrictions on Categories of Archaeological and Ethnological Material From Morocco U.S. Customs and Border Protection, Department of Homeland Security; Department of the Treasury. ACTION: Final rule. AGENCY: This final rule amends the U.S. Customs and Border Protection (CBP) regulations to reflect the imposition of import restrictions on certain archaeological and ethnological material from the Kingdom of Morocco (Morocco). These restrictions are being imposed pursuant to an agreement between the Government of the United States and the Government of Morocco that has been entered into under the authority of the Convention on Cultural Property Implementation Act. The final rule amends the CBP regulations by adding Morocco 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 on January 15, 2021. 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: SUMMARY: PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 6561 Background The Convention on Cultural Property Implementation Act, Public Law 97– 446, 19 U.S.C. 2601 et seq. (hereinafter, ‘‘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 (823 U.N.T.S. 231 (1972)) (hereinafter, ‘‘the Convention’’). Pursuant to the Cultural Property Implementation Act, the Government of the United States entered into a bilateral agreement with the Government of the Kingdom of Morocco (Morocco) to impose import restrictions on certain archaeological and ethnological material from Morocco on January 14, 2021. This rule announces the imposition of import restrictions on certain archaeological and ethnological material from Morocco. 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 April 30, 2020, 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 from Morocco that is described in the Designated List set forth below in this document. These determinations include the following: (1) That Morocco’s cultural heritage is in jeopardy from pillage of certain types of archaeological material representing Morocco’s cultural heritage ranging in date from approximately 1 million B.C. to A.D. 1750 and certain types of ethnological material representing Morocco’s cultural heritage from the Saadian and Alaouite dynasties ranging in date from approximately A.D. 1549 to 1912 (19 U.S.C. 2602(a)(1)(A)); (2) that the Moroccan 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 E:\FR\FM\22JAR1.SGM 22JAR1 6562 Federal Register / Vol. 86, No. 13 / Friday, January 22, 2021 / Rules and Regulations 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 January 14, 2021, the Government of the United States and the Government of Morocco entered into a bilateral agreement, ‘‘Memorandum of Understanding between the Government of the United States of America and the Government of the Kingdom of Morocco Concerning the Imposition of Import Restrictions on Categories of Archaeological and Ethnological Material of Morocco’’ (hereinafter, ‘‘the Agreement’’), pursuant to the provisions of 19 U.S.C. 2602(a)(2). The Agreement entered into force upon signature, and enables the promulgation of import restrictions on certain categories of archaeological material ranging in date from approximately 1 million B.C. to A.D. 1750, as well as certain categories of ethnological material from the Saadian and Alaouite dynasties ranging in date from approximately A.D. 1549 to 1912. A list of the categories of archaeological and ethnological material subject to the import restrictions is set forth later in this document. jbell on DSKJLSW7X2PROD with RULES 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. The import restrictions will expire on January 14, 2026, unless extended. VerDate Sep<11>2014 17:17 Jan 21, 2021 Jkt 253001 Designated List of Archaeological and Ethnological Material of Morocco The Agreement between the United States and Morocco includes 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 Morocco legally and not in violation of the export laws of Morocco. The Designated List includes certain archaeological and ethnological material from the Kingdom of Morocco. The archaeological material in the Designated List includes, but is not limited to, objects made of stone, ceramic, metal, bone, ivory, shell, glass, faience, semi-precious stone, painting, plaster, and textiles ranging in date from approximately 1 million B.C. to A.D. 1750. The ethnological material included in the Designated List contains architectural elements, manuscripts, and ceremonial and ritual objects of the Islamic culture from the Saadian and Alaouite dynasties ranging in date from approximately A.D. 1549 to 1912. This would exclude Jewish ceremonial or ritual objects. Categories of Material I. Archaeological A. Stone B. Ceramic C. Metal D. Bone, Ivory, Shell, and Other Organic Materials E. Glass, Faience, and Semi-Precious Stone F. Painting and Plaster G. Textiles, Basketry, and Rope II. Ethnological A. Stone B. Metal C. Ceramic and Clay D. Wood E. Bone, Ivory, and Shell F. Glass and Semi-Precious Stone G. Leather, Parchment, and Paper I. Archaeological Material Archaeological material covered by the Agreement includes categories of objects from the Paleolithic, Neolithic, Phoenician, Greek, Mauritanian, Roman, Byzantine, and Islamic (Idrisid, Almoravid, Almohad, Marinid, Saadian, and Alaouite) periods and cultures ranging in date from approximately 1 million B.C. to A.D. 1750. Approximate chronology of wellknown archaeological periods and sites: (a) Paleolithic period (c. 1 million–6500 B.C.): Thomas Quarry, Sidi Abderrahmane, Jebel Irhoud, Dar Soltane 2, Taforalt Cave PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 (b) Neolithic period (c. 6500–300 B.C.): Kaf Taht El Ghar, Rouazi Skhirat, Tumulus of Mzoura (c) Phoenician period (c. 600–300 B.C.): Lixus, Mogador, Tangiers, Thamusida (d) Mauretanian period (c. 300–49 B.C.): Lixus, Tangiers, Thamusida, Volubilis, Rirha (e) Roman period (c. 40 B.C.–A.D. 600): Banasa, Cotta, Dchar Jdid, Kouass, Lixus, Mogador, Rirha, Sala, Tamuda, Thamusida, Volubilis (f) Islamic period (c. A.D. 600–present): 1 Aghmat, Al-Mahdiya, Belyounech, Chichaoua, Essaouira, Fez, Figuig, Ighliz, Moulay Idris, Qsar es-Seghir, Marrakesh, Meknes, Rabat, Sala, Sijilmasa, Tetouan, Tinmal, Volubilis (Walila). A. Stone 1. Architectural Elements—This category includes doors, door frames, window fittings, columns, capitals, bases, lintels, jambs, archways, friezes, pilasters, engaged columns, altars, prayer niches (mihrabs), screens, fountains, inlays, and blocks from walls, floors, and ceilings of buildings. Architectural elements may be plain, molded, or carved and are often decorated with motifs and inscriptions. Marble, limestone, sandstone, and gypsum are most commonly used, in addition to porphyry and granite. 2. Mosaics—Floor mosaics are made from stone cut into small bits (tesserae) and laid into a plaster matrix. Wall and ceiling mosaics are made with a similar technique, but may include tesserae of both stone and glass. Subjects can include landscapes; scenes of deities, humans, or animals; religious imagery; and activities, such as hunting or fishing. There may also be vegetative, floral, or geometric motifs and imitations of stone. 3. Architectural and NonArchitectural Relief Sculptures—Types include carved slabs with figural, vegetative, floral, geometric, or other decorative motifs, carved relief vases, steles, palettes, and plaques. All types can sometimes be inscribed in various languages. Sculptures may be used for architectural decoration, including in religious, funerary (e.g., grave markers), votive, or commemorative monuments. Marble, limestone, and sandstone are most commonly used. 4. Monuments—Types include votive statues, funerary or votive stelae, and bases and base revetments made of marble, limestone, and other kinds of 1 Import restrictions concerning archaeological material from the Islamic period apply only to those objects dating from c. A.D. 600–1750. E:\FR\FM\22JAR1.SGM 22JAR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 86, No. 13 / Friday, January 22, 2021 / Rules and Regulations stone. These may be painted, carved with relief sculpture, decorated with moldings, and/or carry dedicatory or funerary inscriptions in various languages. 5. Statuary—Types include large-scale representations of deities, humans, animals, or hybrid figures made of marble, limestone, or sandstone. The most common type of statuary are freestanding life-sized portrait or funerary busts (head and shoulders of an individual) measuring approximately 1 m to 2.5 m (approximately 3 ft to 8 ft) in height. Statuary figures may be painted. 6. Figurines—Figurines are smallscale representations of deities, humans, or animals made of limestone, calcite, marble, or sandstone. 7. Sepulchers—Types of burial containers include sarcophagi, caskets, reliquaries, and chest urns made of marble, limestone, or other kinds of stone. Sepulchers may be plain or have figural, geometric, or floral motifs painted on them. They may be carved in relief, and/or have decorative moldings. 8. Vessels and Containers—These include bowls, cups, jars, jugs, lamps, flasks, and smaller funerary urns. Funerary urns can be egg-shaped vases with button-topped covers. Vessels and containers can be made of marble, limestone, calcite, or other stone. 9. Furniture—Types include thrones, tables, and beds, from funerary or domestic contexts. Furniture may be made from marble or other stone. 10. Tools and Weapons—Chipped stone types include blades, borers, scrapers, sickles, burins, notches, retouched flakes, cores, arrowheads, cleavers, knives, chisels, and microliths (small stone tools). Ground stone types include grinders (e.g., mortars, pestles, millstones, whetstones, querns), choppers, spherical-shaped hand axes, hammers, mace heads, and weights. The most commonly used stones are flint, chert, obsidian, and other hard stones. 11. Jewelry—Types include seals, beads, finger rings, and other personal adornment made of marble, limestone, or various semi-precious stones, including rock crystal, amethyst, jasper, agate, steatite, and carnelian. 12. Seals and Stamps—These are small devices with at least one side engraved (in intaglio and relief) with a design for stamping or sealing. Stamps and seals can be in the shape of squares, disks, cones, cylinders, or animals. 13. Rock Art—Rock art can be painted and/or incised drawings on natural rock surfaces. Tazina-style art is common from southern Morocco. Common motifs include humans, animals, such as VerDate Sep<11>2014 17:17 Jan 21, 2021 Jkt 253001 horses, and geometric and/or floral elements. B. Ceramic 1. Architectural Elements—These are baked clay (terracotta) elements used to decorate buildings. Examples include acroteria, antefixes, painted and relief plaques, revetments, carved and molded bricks, knobs, plain or glazed roof tiles, and glazed tile wall ornaments and panels. 2. Figurines—These include clay (terracotta) statues and statuettes in the shape of deities, humans, and animals ranging in height from approximately 5 cm to 20 cm (2 in to 8 in). Ceramic figurines may be undecorated or decorated with paint, appliques, or inscribed lines. 3. Vessels and Containers—Types, forms, and decoration vary among archaeological styles and over time. Shapes include jars, jugs, bowls, pitchers, basins, cups, storage and shipping amphorae, cooking pots (such as Roman mortaria), and large water jugs (zirs). Examples may be painted or unpainted, handmade or wheel-made, and may be decorated with burnishes, glazes, or carvings. Roman terra sigillata and other red gloss wares are particularly characteristic. Ceramic vessels can depict imagery of humans, deities, animals, floral decorations, or inscriptions. 4. Lamps—Lamps can be handmade or molded, glazed or unglazed, and may have ‘‘saucer,’’ ‘‘slipper,’’ or other forms; they typically will have rounded bodies with a hole on the top and in the nozzle, handles or lugs, and may be decorated with motifs, such as beading, human faces, and rosettes or other floral elements. Inscriptions may also be found on the body. Later period examples may have straight or round, bulbous bodies with a flared top and several branches. 5. Objects of Daily Use—These include game pieces, loom weights, toys, tobacco pipes, and andirons. C. Metal 1. Statuary—These are large- and small-scale, including deities, human, and animal figures in bronze, iron, silver, or gold. Common types are largescale, freestanding statuary ranging in height from approximately 1 m to 2.5 m (approximately 3 ft to 8 ft) and life-size busts (head and shoulders of an individual). 2. Reliefs—These include plaques, appliques, steles, and masks, often in bronze. Reliefs may include inscriptions in various languages. 3. Inscribed or Decorated Sheet Metal—These are engraved inscriptions PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 6563 and thin metal sheets with engraved or impressed designs often used as attachments to furniture or figures. They are primarily made of copper alloy, bronze, or lead. 4. Vessels and Containers—Forms include bowls, cups, plates, jars, jugs, strainers, cauldrons, and boxes, as well as vessels in the shape of an animal or part of an animal. This category also includes scroll and manuscript containers, reliquaries, and incense burners. These vessels and containers are made of bronze, silver, or gold, and may portray deities, humans, or animals, as well as floral motifs in relief. They may include an inscription. 5. Jewelry—Jewelry includes necklaces, chokers, pectorals, finger rings, beads, pendants, bells, belts, buckles, earrings, diadems, straight pins and fibulae, bracelets, anklets, girdles, wreaths and crowns, cosmetic accessories and tools, metal strigils (scrapers), crosses, and lamp holders. Jewelry may be made of iron, bronze, silver, or gold. Metal can be inlaid with items, such as colored stones and glass. 6. Seals and Sealings—Seals are small devices with at least one side engraved with a design for stamping or sealing. Types include finger rings, amulets, and seals with a shank. Seals can be made of lead, tin, copper, bronze, silver, and/ or gold. Sealings are lead strips, stamped in Arabic, used for closing bags of coins. 7. Tools—Types include hooks, weights, axes, scrapers, hammerheads, trowels, locks, keys, nails, hinges, tweezers, ingots, mirrors, thimbles, and fibulae (for pinning clothing). Tools may be made of copper, bronze, or iron. 8. Weapons and Armor—This includes body armor, such as helmets, cuirasses, bracers, shin guards, and shields, and horse armor, often decorated with elaborate designs that are engraved, embossed, or perforated. This also includes both launching weapons (e.g., spears, javelins, arrowheads) and hand-to-hand combat weapons (e.g., swords, daggers, etc.) in copper, bronze, and iron. 9. Lamps—Lamps can be open saucertype or closed, rounded bodies with a hole on the top and in the nozzle, handles, or lugs. They can include decorative designs, such as beading, human faces, animals or animal parts, and rosettes or other floral elements. This category includes handheld lamps, candelabras, braziers, sconces, chandeliers, and lamp stands. 10. Coins—This category includes coins of Numidian, Mauretanian, Greek/ Punic, Roman, Byzantine, Islamic, and Medieval Spanish types that circulated primarily in Morocco, ranging in date E:\FR\FM\22JAR1.SGM 22JAR1 6564 Federal Register / Vol. 86, No. 13 / Friday, January 22, 2021 / Rules and Regulations from the fifth century B.C. to A.D. 1750. Coins were made in copper, bronze, silver, and gold. Examples may be square or round, have writing, and show imagery of animals, buildings, symbols, or royal figures. D. Bone, Ivory, Shell, and Other Organic Materials 1. Small Statuary and Figurines— These include representations of deities, humans, or animals in bone or ivory. These range from approximately 10 cm to 1 m (4 in to 40 in) in height. 2. Reliefs, Plaques, Steles, and Inlays—These are carved and sculpted and may have figurative, floral, and/or geometric motifs. 3. Jewelry—Types include amulets, pendants, combs, pins, spoons, bracelets, buckles, beads, and pectorals. Jewelry can be made of bone, ivory, and spondylus shell. 4. Seals and Stamps—These are small devices with at least one side engraved with a design for stamping or sealing. Seals and stamps can be in the shape of squares, disks, cones, cylinders, or animals. 5. Vessels and Luxury Objects—Ivory, bone, and shell were used either alone or as inlays in luxury objects, including furniture, chests and boxes, writing and painting equipment, musical instruments, games, cosmetic containers, and combs. Objects can include decorated vessels made of ostrich eggshell. 6. Tools—Tools include bone points and awls, burnishers, needles, spatulae, and fish hooks. 7. Manuscripts—Manuscripts can be written or painted on specially prepared animal skins (e.g., cattle, sheep, goat, camel skins) known as parchment. They may be single leaves, bound as a book or codex, or rolled into a scroll. 8. Human Remains—This includes skeletal remains from the human body, preserved in burials or other contexts. jbell on DSKJLSW7X2PROD with RULES E. Glass, Faience, and Semi-Precious Stone 1. Architectural Elements—These include glass inlay and tesserae pieces from floor and wall mosaics, mirrors, and windowpanes. 2. Vessels and Containers—These can take various shapes, such as jars, bottles, bowls, beakers, goblets, candle holders, perfume jars (unguentaria), and flasks. Vessels and containers may have cut, incised, raised, enameled, molded, or painted decoration. Ancient examples may be engraved and/or light blue, bluegreen, green, or colorless, while those from later periods may include animal, floral, and/or geometric motifs. VerDate Sep<11>2014 17:17 Jan 21, 2021 Jkt 253001 3. Jewelry—Jewelry includes bracelets and rings (often twisted with colored glass), pendants, and beads in various shapes (e.g., circular, globular), some with relief decoration, including multicolored ‘‘eye’’ beads. 4. Lamps—Lamps may have a straight or round, bulbous body, some in the form of a goblet, with flared top, and engraved or molded decorations and may have several branches. F. Painting and Plaster 1. Wall Painting—Wall painting can include figurative (i.e., deities, humans, animals), floral, and/or geometric motifs, as well as funerary scenes. These are painted on stone, mud plaster, and lime plaster (wet—buon fresco—and dry—secco fresco), sometimes to imitate marble. 2. Stucco—This is a fine plaster used for coating wall surfaces, or molding and carving into architectural decorations, such as reliefs, plaques, steles, and inlays. G. Textiles, Basketry, and Rope 1. Textiles—These include linen, hemp, and silk cloth used for burial wrapping, shrouds, garments, banners, and sails. These also include linen and wool used for garments and hangings. 2. Basketry—Plant fibers were used to make baskets and containers in a variety of shapes and sizes, as well as sandals and mats. 3. Rope—Rope and string were used for a great variety of purposes, including binding, lifting water for irrigation, fishing nets, measuring, lamp wicks, and stringing beads for jewelry and garments. II. Ethnological Material Ethnological material covered by the Agreement includes architectural elements, manuscripts, and ceremonial and ritual objects of the Islamic culture from the Saadian and Alaouite dynasties ranging in date from approximately A.D. 1549 to 1912. This would exclude Jewish ceremonial or ritual objects. A. Stone 1. Architectural Elements—This category includes doors, door frames, window fittings, columns, capitals, plinths, bases, lintels, jambs, archways, friezes, pilasters, engaged columns, altars, prayer niches (mihrabs), screens, fountains, inlays, and blocks from walls, floors, and ceilings of buildings. Architectural elements may be plain, molded, or carved and are often decorated with motifs and inscriptions. Marble, limestone, and sandstone are most commonly used. PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 2. Architectural and NonArchitectural Relief Sculpture—This category includes slabs, plaques, steles, capitals, and plinths carved with religious, figural, floral, or geometric motifs or inscriptions in Arabic. Examples occur primarily in marble, limestone, and sandstone. 3. Memorial Stones and Tombstones—This category includes tombstones, grave markers, and cenotaphs. Examples occur primarily in marble and are engraved with Arabic script. 4. Vessels and Containers—This category includes stone lamps and containers, such as those used in religious services, as well as smaller funerary urns. B. Metal 1. Architectural Elements—This category includes doors, door fixtures, such as knockers, bolts, and hinges, chandeliers, screens, taps, spigots, fountains, and sheets. Copper, brass, lead, and alloys are most commonly used. 2. Architectural and NonArchitectural Relief Sculpture—This category includes appliques, plaques, and steles, primarily made of bronze and brass. Examples often include religious, figural, floral, or geometric motifs. They may also have inscriptions in Arabic. 3. Lamps—This category includes handheld lamps, candelabras, braziers, sconces, chandeliers, and lamp stands. 4. Vessels and Containers—This category includes containers used for religious services, such as Koran (Qur’an) cases and incense burners. Brass, copper, silver, and gold are most commonly used. Containers may be plain, engraved, hammered, or otherwise decorated. 5. Musical Instruments—This category includes instruments used in Islamic/Sufi religious ceremonies or rituals, such as cymbals and trumpets. C. Ceramic and Clay This category consists of architectural elements, which include carved and molded brick, and engraved and/or painted and glazed tile wall ornaments and panels, sometimes with Arabic script. D. Wood 1. Architectural Elements—This category includes doors, door frames and fixtures, windows, window frames, panels, beams, balconies, stages, screens, prayer niches (mihrabs), portable mihrabs (anazas), minbars, and ceilings. Examples may be decorated with religious, geometric, or floral E:\FR\FM\22JAR1.SGM 22JAR1 Federal Register / Vol. 86, No. 13 / Friday, January 22, 2021 / Rules and Regulations motifs or inscriptions, and may be either carved or painted. 2. Architectural and NonArchitectural Relief Sculpture—This category includes panels, roofs, beams, balconies, stages, panels, ceilings, and doors. Examples are carved, inlaid, or painted with decorations of religious, floral, or geometric motifs or Arabic inscriptions. 3. Furniture—This category includes furniture, such as minbars, professorial chairs, divans, stools, and tables from Islamic ceremonial or ritual contexts. Examples can be carved, inlaid, or painted, and are made from various types of wood. 4. Vessels and Containers—This category includes containers used for religious purposes, such as Koran (Qur’an) cases. Examples may be carved, inlaid, or painted with decorations in religious, floral, or geometric motifs, or Arabic script. 5. Writing Implements—This category includes printing blocks, writing tablets, and Islamic study tablets inscribed in Arabic and used for teaching the Koran (Qur’an). 6. Musical Instruments—This category includes instruments used in Islamic/Sufi religious ceremonies or rituals, such as frame drums (banadir). 7. Beads—This category includes Islamic prayer beads (mas’baha). Examples may be plain or decorated with carved designs. E. Bone, Ivory, and Shell 1. Architectural Elements—This category includes inlays for religious decorative and architectural elements. 2. Ceremonial Paraphernalia—This category includes boxes, reliquaries (and their contents), plaques, pendants, candelabra, and stamp and seal rings. F. Glass and Semi-Precious Stone 1. Architectural Elements—This category includes windowpanes, mosaic elements, inlays, and stained glass. 2. Vessels and Containers—This category includes glass and enamel mosque lamps and ritual vessels. 3. Beads—This category includes Islamic prayer beads (mas’baha) in glass or semi-precious stones. jbell on DSKJLSW7X2PROD with RULES G. Leather, Parchment, and Paper 1. Books and Manuscripts— Manuscripts can be written or painted VerDate Sep<11>2014 17:17 Jan 21, 2021 Jkt 253001 on specially prepared animal skins (e.g., cattle, sheep, goat, camel skins) known as parchment or paper. They occur as single leaves, bound with leather or wood as a book or codex, or rolled into a scroll. Types include the Koran (Qur’an) and other Islamic books and manuscripts, often written in black or brown ink, and sometimes embellished with painted colorful floral or geometric motifs. 2. Vessels and Containers—This category includes containers used for Islamic religious services, such as leather Koran (Qur’an) cases or pouches. 3. Musical Instruments—This category includes instruments used in Islamic/Sufi religious ceremonies or rituals, such as leather drums (banadir). References Architecture of the Islamic West: North Africa and the Iberian Peninsula, 700–1800, 2020, Jonathan M. Bloom, Yale University Press, New Haven. Corpus nummorum Numidiae Mauretaniaeque, 1955, Jean Mazard, et al., Arts et me´tiers graphiques, Paris. Etude sur la numismatique et l’histoire mone´taire du Maroc i: Corpus des dirhams idrissites et contemporains, 1971, Daniel Eustache, Banque du Maroc, Rabat. Etude sur la numismatique et l’histoire mone´taire du Maroc ii: Corpus des Monnaies Alaouites, 1984, Daniel Eustache, Banque du Maroc, Rabat. Le Maroc Me´die´val: Un Empire de l’Afrique a` l’Espagne, 2014, October 15, 2014 ed., Yannick Lintz, Claire De´le´ry, and Bulle Tuil Leonetti, Louvre Museum, Paris. Les Bronzes Antiques du Maroc, Etudes et travaux d’arche´ologie marocaine, 1969–1994, Christiane Boube-Piccot, E´ditions marocaines et internationales, Tangier. The Roman Provincial Coinage, Multiple Volumes, 1992–, Andrew Burnett, et al., The British Museum Press, London. 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. PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 6565 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; * * * * * Sections 12.104 through 12.104i also issued under 19 U.S.C. 2612; * * * * * 2. In § 12.104g, the table in paragraph (a) is amended by adding Morocco to the list in alphabetical order to read as follows: ■ § 12.104g Specific items or categories designated by agreements or emergency actions. (a) * * * E:\FR\FM\22JAR1.SGM 22JAR1 6566 Federal Register / Vol. 86, No. 13 / Friday, January 22, 2021 / Rules and Regulations State party Cultural property * Morocco ................. * * * * * Archaeological material from Morocco ranging in date from approximately 1 million B.C. to A.D. 1750, and ethnological material from Morocco ranging in date from approximately A.D. 1549 to 1912. * * * * * * * * Mark A. Morgan, the Chief Operating Officer and Senior Official Performing the Duties of the Commissioner, having reviewed and approved this document, is delegating the authority to electronically sign this notice document to Robert F. Altneu, who is the Director of the Regulations and Disclosure Law Division for CBP, for purposes of publication in the Federal Register. Robert F. Altneu, Director, Regulations & Disclosure Law Division, Regulations & Rulings, Office of Trade, U.S. Customs and Border Protection. Approved: January 15, 2021. Timothy E. Skud, Deputy Assistant Secretary of the Treasury. BILLING CODE 9111–14–P DEPARTMENT OF HOMELAND SECURITY 33 CFR Part 165 [Docket Number USCG–2021–0020] RIN 1625–AA00 Safety Zone; Lower Mississippi River, Mile Marker 368 and 370, Natchez, MS Coast Guard, DHS. Temporary final rule. AGENCY: The Coast Guard is establishing a temporary safety zone for all navigable waters of the Lower Mississippi River (LMR), between Mile Marker 368 and 370. The safety zone is needed to protect persons, property, and the marine environment from the potential safety hazards associated with line pulling operations in the vicinity of the Natchez, MS. Entry of persons or vessels into this zone is prohibited unless authorized by the Captain of the Port Sector Lower Mississippi River or a designated representative. DATES: This rule is effective without actual notice from January 22, 2021 until February 5, 2021. For the purposes of enforcement, actual notice will be SUMMARY: jbell on DSKJLSW7X2PROD with RULES * used from January 14, 2021 until January 22, 2021. To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2021– 0020 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rule. ADDRESSES: If you have questions on this rule, call or email MSTC Lindsey Swindle, U.S. Coast Guard; telephone 901–521–4813, email Lindsey.M.Swindle@uscg.mil. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: I. Table of Abbreviations II. Background Information and Regulatory History Coast Guard VerDate Sep<11>2014 * CFR Code of Federal Regulations COTP Captain of the Port DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking § Section U.S.C. United States Code [FR Doc. 2021–01394 Filed 1–15–21; 4:15 pm] ACTION: Decision No. 17:17 Jan 21, 2021 Jkt 253001 The Coast Guard is issuing this temporary rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because it is impracticable. Immediate action is needed to protect persons and property from the potential safety hazards associated with line pulling operations. The NPRM process would delay the establishment of the safety zone until after the date of the event and compromise public safety. We must establish this temporary safety zone immediately and lack sufficient time to provide a reasonable comment period and then consider those comments before issuing the rule. PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 * * CBP Dec. 21–02. * Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Delaying the effective date of this rule would be contrary to the public interest because immediate action is needed to respond to the potential safety hazards associated with the line pulling operations in the vicinity of Natchez, MS. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231). The Captain of the Port (COTP) Sector Lower Mississippi River (LMR) has determined that potential hazards associated with the line pulling operations at Mile Marker (MM) 369.0, scheduled to start on January 14, 2021, would be a safety concern for all persons and vessels on the Lower Mississippi River between MM 368.0 and MM 370.0 through February 5, 2021. This rule is needed to protect persons, property, infrastructure, and the marine environment in all waters of the LMR within the safety zone while line pulling operations are being conducted. IV. Discussion of the Rule This rule establishes a temporary safety zone from January 14, 2021 to February 5, 2021. The safety zone will cover all navigable waters of the LMR from MM 368.0 to MM 370.0. The duration of this safety zone is intended to ensure the safety of waterway users on these navigable waters during, the line pulling operations. Entry of persons or vessels into this safety zone is prohibited unless authorized by the COTP or a designated representative. A designated representative is a commissioned, warrant, or petty officer of the U.S. Coast Guard assigned to units under the operational control of USCG Sector Lower Mississippi River. Persons or vessels seeking to enter the safety zones must request permission from the COTP or a designated representative on VHF– FM channel 16 or by telephone at 901– 521–4822. If permission is granted, all persons and vessels shall comply with the instructions of the COTP or E:\FR\FM\22JAR1.SGM 22JAR1

Agencies

[Federal Register Volume 86, Number 13 (Friday, January 22, 2021)]
[Rules and Regulations]
[Pages 6561-6566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01394]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Part 12

[CBP Dec. 21-02]
RIN 1515-AE60


Imposition of Import Restrictions on Categories of Archaeological 
and Ethnological Material From Morocco

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 
(CBP) regulations to reflect the imposition of import restrictions on 
certain archaeological and ethnological material from the Kingdom of 
Morocco (Morocco). These restrictions are being imposed pursuant to an 
agreement between the Government of the United States and the 
Government of Morocco that has been entered into under the authority of 
the Convention on Cultural Property Implementation Act. The final rule 
amends the CBP regulations by adding Morocco 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 on January 15, 2021.

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. (hereinafter, ``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 (823 U.N.T.S. 231 (1972)) 
(hereinafter, ``the Convention''). Pursuant to the Cultural Property 
Implementation Act, the Government of the United States entered into a 
bilateral agreement with the Government of the Kingdom of Morocco 
(Morocco) to impose import restrictions on certain archaeological and 
ethnological material from Morocco on January 14, 2021. This rule 
announces the imposition of import restrictions on certain 
archaeological and ethnological material from Morocco.

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 April 30, 2020, 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 from Morocco that is described in the Designated 
List set forth below in this document. These determinations include the 
following: (1) That Morocco's cultural heritage is in jeopardy from 
pillage of certain types of archaeological material representing 
Morocco's cultural heritage ranging in date from approximately 1 
million B.C. to A.D. 1750 and certain types of ethnological material 
representing Morocco's cultural heritage from the Saadian and Alaouite 
dynasties ranging in date from approximately A.D. 1549 to 1912 (19 
U.S.C. 2602(a)(1)(A)); (2) that the Moroccan 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

[[Page 6562]]

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 January 14, 2021, the Government of the United States and the 
Government of Morocco entered into a bilateral agreement, ``Memorandum 
of Understanding between the Government of the United States of America 
and the Government of the Kingdom of Morocco Concerning the Imposition 
of Import Restrictions on Categories of Archaeological and Ethnological 
Material of Morocco'' (hereinafter, ``the Agreement''), pursuant to the 
provisions of 19 U.S.C. 2602(a)(2). The Agreement entered into force 
upon signature, and enables the promulgation of import restrictions on 
certain categories of archaeological material ranging in date from 
approximately 1 million B.C. to A.D. 1750, as well as certain 
categories of ethnological material from the Saadian and Alaouite 
dynasties ranging in date from approximately A.D. 1549 to 1912. 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. The import 
restrictions will expire on January 14, 2026, unless extended.

Designated List of Archaeological and Ethnological Material of Morocco

    The Agreement between the United States and Morocco includes 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 
Morocco legally and not in violation of the export laws of Morocco.
    The Designated List includes certain archaeological and 
ethnological material from the Kingdom of Morocco. The archaeological 
material in the Designated List includes, but is not limited to, 
objects made of stone, ceramic, metal, bone, ivory, shell, glass, 
faience, semi-precious stone, painting, plaster, and textiles ranging 
in date from approximately 1 million B.C. to A.D. 1750. The 
ethnological material included in the Designated List contains 
architectural elements, manuscripts, and ceremonial and ritual objects 
of the Islamic culture from the Saadian and Alaouite dynasties ranging 
in date from approximately A.D. 1549 to 1912. This would exclude Jewish 
ceremonial or ritual objects.

Categories of Material

I. Archaeological
    A. Stone
    B. Ceramic
    C. Metal
    D. Bone, Ivory, Shell, and Other Organic Materials
    E. Glass, Faience, and Semi-Precious Stone
    F. Painting and Plaster
    G. Textiles, Basketry, and Rope
II. Ethnological
    A. Stone
    B. Metal
    C. Ceramic and Clay
    D. Wood
    E. Bone, Ivory, and Shell
    F. Glass and Semi-Precious Stone
    G. Leather, Parchment, and Paper

I. Archaeological Material

    Archaeological material covered by the Agreement includes 
categories of objects from the Paleolithic, Neolithic, Phoenician, 
Greek, Mauritanian, Roman, Byzantine, and Islamic (Idrisid, Almoravid, 
Almohad, Marinid, Saadian, and Alaouite) periods and cultures ranging 
in date from approximately 1 million B.C. to A.D. 1750.
    Approximate chronology of well-known archaeological periods and 
sites:

(a) Paleolithic period (c. 1 million-6500 B.C.): Thomas Quarry, Sidi 
Abderrahmane, Jebel Irhoud, Dar Soltane 2, Taforalt Cave
(b) Neolithic period (c. 6500-300 B.C.): Kaf Taht El Ghar, Rouazi 
Skhirat, Tumulus of Mzoura
(c) Phoenician period (c. 600-300 B.C.): Lixus, Mogador, Tangiers, 
Thamusida
(d) Mauretanian period (c. 300-49 B.C.): Lixus, Tangiers, Thamusida, 
Volubilis, Rirha
(e) Roman period (c. 40 B.C.-A.D. 600): Banasa, Cotta, Dchar Jdid, 
Kouass, Lixus, Mogador, Rirha, Sala, Tamuda, Thamusida, Volubilis
(f) Islamic period (c. A.D. 600-present): \1\ Aghmat, Al-Mahdiya, 
Belyounech, Chichaoua, Essaouira, Fez, Figuig, Ighliz, Moulay Idris, 
Qsar es-Seghir, Marrakesh, Meknes, Rabat, Sala, Sijilmasa, Tetouan, 
Tinmal, Volubilis (Walila).
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    \1\ Import restrictions concerning archaeological material from 
the Islamic period apply only to those objects dating from c. A.D. 
600-1750.
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A. Stone

    1. Architectural Elements--This category includes doors, door 
frames, window fittings, columns, capitals, bases, lintels, jambs, 
archways, friezes, pilasters, engaged columns, altars, prayer niches 
(mihrabs), screens, fountains, inlays, and blocks from walls, floors, 
and ceilings of buildings. Architectural elements may be plain, molded, 
or carved and are often decorated with motifs and inscriptions. Marble, 
limestone, sandstone, and gypsum are most commonly used, in addition to 
porphyry and granite.
    2. Mosaics--Floor mosaics are made from stone cut into small bits 
(tesserae) and laid into a plaster matrix. Wall and ceiling mosaics are 
made with a similar technique, but may include tesserae of both stone 
and glass. Subjects can include landscapes; scenes of deities, humans, 
or animals; religious imagery; and activities, such as hunting or 
fishing. There may also be vegetative, floral, or geometric motifs and 
imitations of stone.
    3. Architectural and Non-Architectural Relief Sculptures--Types 
include carved slabs with figural, vegetative, floral, geometric, or 
other decorative motifs, carved relief vases, steles, palettes, and 
plaques. All types can sometimes be inscribed in various languages.
    Sculptures may be used for architectural decoration, including in 
religious, funerary (e.g., grave markers), votive, or commemorative 
monuments. Marble, limestone, and sandstone are most commonly used.
    4. Monuments--Types include votive statues, funerary or votive 
stelae, and bases and base revetments made of marble, limestone, and 
other kinds of

[[Page 6563]]

stone. These may be painted, carved with relief sculpture, decorated 
with moldings, and/or carry dedicatory or funerary inscriptions in 
various languages.
    5. Statuary--Types include large-scale representations of deities, 
humans, animals, or hybrid figures made of marble, limestone, or 
sandstone. The most common type of statuary are freestanding life-sized 
portrait or funerary busts (head and shoulders of an individual) 
measuring approximately 1 m to 2.5 m (approximately 3 ft to 8 ft) in 
height. Statuary figures may be painted.
    6. Figurines--Figurines are small-scale representations of deities, 
humans, or animals made of limestone, calcite, marble, or sandstone.
    7. Sepulchers--Types of burial containers include sarcophagi, 
caskets, reliquaries, and chest urns made of marble, limestone, or 
other kinds of stone. Sepulchers may be plain or have figural, 
geometric, or floral motifs painted on them. They may be carved in 
relief, and/or have decorative moldings.
    8. Vessels and Containers--These include bowls, cups, jars, jugs, 
lamps, flasks, and smaller funerary urns. Funerary urns can be egg-
shaped vases with button-topped covers. Vessels and containers can be 
made of marble, limestone, calcite, or other stone.
    9. Furniture--Types include thrones, tables, and beds, from 
funerary or domestic contexts. Furniture may be made from marble or 
other stone.
    10. Tools and Weapons--Chipped stone types include blades, borers, 
scrapers, sickles, burins, notches, retouched flakes, cores, 
arrowheads, cleavers, knives, chisels, and microliths (small stone 
tools). Ground stone types include grinders (e.g., mortars, pestles, 
millstones, whetstones, querns), choppers, spherical-shaped hand axes, 
hammers, mace heads, and weights. The most commonly used stones are 
flint, chert, obsidian, and other hard stones.
    11. Jewelry--Types include seals, beads, finger rings, and other 
personal adornment made of marble, limestone, or various semi-precious 
stones, including rock crystal, amethyst, jasper, agate, steatite, and 
carnelian.
    12. Seals and Stamps--These are small devices with at least one 
side engraved (in intaglio and relief) with a design for stamping or 
sealing. Stamps and seals can be in the shape of squares, disks, cones, 
cylinders, or animals.
    13. Rock Art--Rock art can be painted and/or incised drawings on 
natural rock surfaces. Tazina-style art is common from southern 
Morocco. Common motifs include humans, animals, such as horses, and 
geometric and/or floral elements.

B. Ceramic

    1. Architectural Elements--These are baked clay (terracotta) 
elements used to decorate buildings. Examples include acroteria, 
antefixes, painted and relief plaques, revetments, carved and molded 
bricks, knobs, plain or glazed roof tiles, and glazed tile wall 
ornaments and panels.
    2. Figurines--These include clay (terracotta) statues and 
statuettes in the shape of deities, humans, and animals ranging in 
height from approximately 5 cm to 20 cm (2 in to 8 in). Ceramic 
figurines may be undecorated or decorated with paint, appliques, or 
inscribed lines.
    3. Vessels and Containers--Types, forms, and decoration vary among 
archaeological styles and over time. Shapes include jars, jugs, bowls, 
pitchers, basins, cups, storage and shipping amphorae, cooking pots 
(such as Roman mortaria), and large water jugs (zirs). Examples may be 
painted or unpainted, handmade or wheel-made, and may be decorated with 
burnishes, glazes, or carvings. Roman terra sigillata and other red 
gloss wares are particularly characteristic. Ceramic vessels can depict 
imagery of humans, deities, animals, floral decorations, or 
inscriptions.
    4. Lamps--Lamps can be handmade or molded, glazed or unglazed, and 
may have ``saucer,'' ``slipper,'' or other forms; they typically will 
have rounded bodies with a hole on the top and in the nozzle, handles 
or lugs, and may be decorated with motifs, such as beading, human 
faces, and rosettes or other floral elements. Inscriptions may also be 
found on the body. Later period examples may have straight or round, 
bulbous bodies with a flared top and several branches.
    5. Objects of Daily Use--These include game pieces, loom weights, 
toys, tobacco pipes, and andirons.

C. Metal

    1. Statuary--These are large- and small-scale, including deities, 
human, and animal figures in bronze, iron, silver, or gold. Common 
types are large-scale, freestanding statuary ranging in height from 
approximately 1 m to 2.5 m (approximately 3 ft to 8 ft) and life-size 
busts (head and shoulders of an individual).
    2. Reliefs--These include plaques, appliques, steles, and masks, 
often in bronze. Reliefs may include inscriptions in various languages.
    3. Inscribed or Decorated Sheet Metal--These are engraved 
inscriptions and thin metal sheets with engraved or impressed designs 
often used as attachments to furniture or figures. They are primarily 
made of copper alloy, bronze, or lead.
    4. Vessels and Containers--Forms include bowls, cups, plates, jars, 
jugs, strainers, cauldrons, and boxes, as well as vessels in the shape 
of an animal or part of an animal. This category also includes scroll 
and manuscript containers, reliquaries, and incense burners. These 
vessels and containers are made of bronze, silver, or gold, and may 
portray deities, humans, or animals, as well as floral motifs in 
relief. They may include an inscription.
    5. Jewelry--Jewelry includes necklaces, chokers, pectorals, finger 
rings, beads, pendants, bells, belts, buckles, earrings, diadems, 
straight pins and fibulae, bracelets, anklets, girdles, wreaths and 
crowns, cosmetic accessories and tools, metal strigils (scrapers), 
crosses, and lamp holders. Jewelry may be made of iron, bronze, silver, 
or gold. Metal can be inlaid with items, such as colored stones and 
glass.
    6. Seals and Sealings--Seals are small devices with at least one 
side engraved with a design for stamping or sealing. Types include 
finger rings, amulets, and seals with a shank. Seals can be made of 
lead, tin, copper, bronze, silver, and/or gold. Sealings are lead 
strips, stamped in Arabic, used for closing bags of coins.
    7. Tools--Types include hooks, weights, axes, scrapers, 
hammerheads, trowels, locks, keys, nails, hinges, tweezers, ingots, 
mirrors, thimbles, and fibulae (for pinning clothing). Tools may be 
made of copper, bronze, or iron.
    8. Weapons and Armor--This includes body armor, such as helmets, 
cuirasses, bracers, shin guards, and shields, and horse armor, often 
decorated with elaborate designs that are engraved, embossed, or 
perforated. This also includes both launching weapons (e.g., spears, 
javelins, arrowheads) and hand-to-hand combat weapons (e.g., swords, 
daggers, etc.) in copper, bronze, and iron.
    9. Lamps--Lamps can be open saucer-type or closed, rounded bodies 
with a hole on the top and in the nozzle, handles, or lugs. They can 
include decorative designs, such as beading, human faces, animals or 
animal parts, and rosettes or other floral elements. This category 
includes handheld lamps, candelabras, braziers, sconces, chandeliers, 
and lamp stands.
    10. Coins--This category includes coins of Numidian, Mauretanian, 
Greek/Punic, Roman, Byzantine, Islamic, and Medieval Spanish types that 
circulated primarily in Morocco, ranging in date

[[Page 6564]]

from the fifth century B.C. to A.D. 1750. Coins were made in copper, 
bronze, silver, and gold. Examples may be square or round, have 
writing, and show imagery of animals, buildings, symbols, or royal 
figures.

D. Bone, Ivory, Shell, and Other Organic Materials

    1. Small Statuary and Figurines--These include representations of 
deities, humans, or animals in bone or ivory. These range from 
approximately 10 cm to 1 m (4 in to 40 in) in height.
    2. Reliefs, Plaques, Steles, and Inlays--These are carved and 
sculpted and may have figurative, floral, and/or geometric motifs.
    3. Jewelry--Types include amulets, pendants, combs, pins, spoons, 
bracelets, buckles, beads, and pectorals. Jewelry can be made of bone, 
ivory, and spondylus shell.
    4. Seals and Stamps--These are small devices with at least one side 
engraved with a design for stamping or sealing. Seals and stamps can be 
in the shape of squares, disks, cones, cylinders, or animals.
    5. Vessels and Luxury Objects--Ivory, bone, and shell were used 
either alone or as inlays in luxury objects, including furniture, 
chests and boxes, writing and painting equipment, musical instruments, 
games, cosmetic containers, and combs. Objects can include decorated 
vessels made of ostrich eggshell.
    6. Tools--Tools include bone points and awls, burnishers, needles, 
spatulae, and fish hooks.
    7. Manuscripts--Manuscripts can be written or painted on specially 
prepared animal skins (e.g., cattle, sheep, goat, camel skins) known as 
parchment. They may be single leaves, bound as a book or codex, or 
rolled into a scroll.
    8. Human Remains--This includes skeletal remains from the human 
body, preserved in burials or other contexts.

E. Glass, Faience, and Semi-Precious Stone

    1. Architectural Elements--These include glass inlay and tesserae 
pieces from floor and wall mosaics, mirrors, and windowpanes.
    2. Vessels and Containers--These can take various shapes, such as 
jars, bottles, bowls, beakers, goblets, candle holders, perfume jars 
(unguentaria), and flasks. Vessels and containers may have cut, 
incised, raised, enameled, molded, or painted decoration. Ancient 
examples may be engraved and/or light blue, blue-green, green, or 
colorless, while those from later periods may include animal, floral, 
and/or geometric motifs.
    3. Jewelry--Jewelry includes bracelets and rings (often twisted 
with colored glass), pendants, and beads in various shapes (e.g., 
circular, globular), some with relief decoration, including multi-
colored ``eye'' beads.
    4. Lamps--Lamps may have a straight or round, bulbous body, some in 
the form of a goblet, with flared top, and engraved or molded 
decorations and may have several branches.

F. Painting and Plaster

    1. Wall Painting--Wall painting can include figurative (i.e., 
deities, humans, animals), floral, and/or geometric motifs, as well as 
funerary scenes. These are painted on stone, mud plaster, and lime 
plaster (wet--buon fresco--and dry--secco fresco), sometimes to imitate 
marble.
    2. Stucco--This is a fine plaster used for coating wall surfaces, 
or molding and carving into architectural decorations, such as reliefs, 
plaques, steles, and inlays.

G. Textiles, Basketry, and Rope

    1. Textiles--These include linen, hemp, and silk cloth used for 
burial wrapping, shrouds, garments, banners, and sails. These also 
include linen and wool used for garments and hangings.
    2. Basketry--Plant fibers were used to make baskets and containers 
in a variety of shapes and sizes, as well as sandals and mats.
    3. Rope--Rope and string were used for a great variety of purposes, 
including binding, lifting water for irrigation, fishing nets, 
measuring, lamp wicks, and stringing beads for jewelry and garments.

II. Ethnological Material

    Ethnological material covered by the Agreement includes 
architectural elements, manuscripts, and ceremonial and ritual objects 
of the Islamic culture from the Saadian and Alaouite dynasties ranging 
in date from approximately A.D. 1549 to 1912. This would exclude Jewish 
ceremonial or ritual objects.

A. Stone

    1. Architectural Elements--This category includes doors, door 
frames, window fittings, columns, capitals, plinths, bases, lintels, 
jambs, archways, friezes, pilasters, engaged columns, altars, prayer 
niches (mihrabs), screens, fountains, inlays, and blocks from walls, 
floors, and ceilings of buildings. Architectural elements may be plain, 
molded, or carved and are often decorated with motifs and inscriptions. 
Marble, limestone, and sandstone are most commonly used.
    2. Architectural and Non-Architectural Relief Sculpture--This 
category includes slabs, plaques, steles, capitals, and plinths carved 
with religious, figural, floral, or geometric motifs or inscriptions in 
Arabic. Examples occur primarily in marble, limestone, and sandstone.
    3. Memorial Stones and Tombstones--This category includes 
tombstones, grave markers, and cenotaphs. Examples occur primarily in 
marble and are engraved with Arabic script.
    4. Vessels and Containers--This category includes stone lamps and 
containers, such as those used in religious services, as well as 
smaller funerary urns.

B. Metal

    1. Architectural Elements--This category includes doors, door 
fixtures, such as knockers, bolts, and hinges, chandeliers, screens, 
taps, spigots, fountains, and sheets. Copper, brass, lead, and alloys 
are most commonly used.
    2. Architectural and Non-Architectural Relief Sculpture--This 
category includes appliques, plaques, and steles, primarily made of 
bronze and brass. Examples often include religious, figural, floral, or 
geometric motifs. They may also have inscriptions in Arabic.
    3. Lamps--This category includes handheld lamps, candelabras, 
braziers, sconces, chandeliers, and lamp stands.
    4. Vessels and Containers--This category includes containers used 
for religious services, such as Koran (Qur'an) cases and incense 
burners. Brass, copper, silver, and gold are most commonly used. 
Containers may be plain, engraved, hammered, or otherwise decorated.
    5. Musical Instruments--This category includes instruments used in 
Islamic/Sufi religious ceremonies or rituals, such as cymbals and 
trumpets.

C. Ceramic and Clay

    This category consists of architectural elements, which include 
carved and molded brick, and engraved and/or painted and glazed tile 
wall ornaments and panels, sometimes with Arabic script.

D. Wood

    1. Architectural Elements--This category includes doors, door 
frames and fixtures, windows, window frames, panels, beams, balconies, 
stages, screens, prayer niches (mihrabs), portable mihrabs (anazas), 
minbars, and ceilings. Examples may be decorated with religious, 
geometric, or floral

[[Page 6565]]

motifs or inscriptions, and may be either carved or painted.
    2. Architectural and Non-Architectural Relief Sculpture--This 
category includes panels, roofs, beams, balconies, stages, panels, 
ceilings, and doors. Examples are carved, inlaid, or painted with 
decorations of religious, floral, or geometric motifs or Arabic 
inscriptions.
    3. Furniture--This category includes furniture, such as minbars, 
professorial chairs, divans, stools, and tables from Islamic ceremonial 
or ritual contexts. Examples can be carved, inlaid, or painted, and are 
made from various types of wood.
    4. Vessels and Containers--This category includes containers used 
for religious purposes, such as Koran (Qur'an) cases. Examples may be 
carved, inlaid, or painted with decorations in religious, floral, or 
geometric motifs, or Arabic script.
    5. Writing Implements--This category includes printing blocks, 
writing tablets, and Islamic study tablets inscribed in Arabic and used 
for teaching the Koran (Qur'an).
    6. Musical Instruments--This category includes instruments used in 
Islamic/Sufi religious ceremonies or rituals, such as frame drums 
(banadir).
    7. Beads--This category includes Islamic prayer beads (mas'baha). 
Examples may be plain or decorated with carved designs.

E. Bone, Ivory, and Shell

    1. Architectural Elements--This category includes inlays for 
religious decorative and architectural elements.
    2. Ceremonial Paraphernalia--This category includes boxes, 
reliquaries (and their contents), plaques, pendants, candelabra, and 
stamp and seal rings.

F. Glass and Semi-Precious Stone

    1. Architectural Elements--This category includes windowpanes, 
mosaic elements, inlays, and stained glass.
    2. Vessels and Containers--This category includes glass and enamel 
mosque lamps and ritual vessels.
    3. Beads--This category includes Islamic prayer beads (mas'baha) in 
glass or semi-precious stones.

G. Leather, Parchment, and Paper

    1. Books and Manuscripts--Manuscripts can be written or painted on 
specially prepared animal skins (e.g., cattle, sheep, goat, camel 
skins) known as parchment or paper. They occur as single leaves, bound 
with leather or wood as a book or codex, or rolled into a scroll. Types 
include the Koran (Qur'an) and other Islamic books and manuscripts, 
often written in black or brown ink, and sometimes embellished with 
painted colorful floral or geometric motifs.
    2. Vessels and Containers--This category includes containers used 
for Islamic religious services, such as leather Koran (Qur'an) cases or 
pouches.
    3. Musical Instruments--This category includes instruments used in 
Islamic/Sufi religious ceremonies or rituals, such as leather drums 
(banadir).

References

    Architecture of the Islamic West: North Africa and the Iberian 
Peninsula, 700-1800, 2020, Jonathan M. Bloom, Yale University Press, 
New Haven.
    Corpus nummorum Numidiae Mauretaniaeque, 1955, Jean Mazard, et 
al., Arts et m[eacute]tiers graphiques, Paris.
    Etude sur la numismatique et l'histoire mon[eacute]taire du 
Maroc i: Corpus des dirhams idrissites et contemporains, 1971, 
Daniel Eustache, Banque du Maroc, Rabat.
    Etude sur la numismatique et l'histoire mon[eacute]taire du 
Maroc ii: Corpus des Monnaies Alaouites, 1984, Daniel Eustache, 
Banque du Maroc, Rabat.
    Le Maroc M[eacute]di[eacute]val: Un Empire de l'Afrique [agrave] 
l'Espagne, 2014, October 15, 2014 ed., Yannick Lintz, Claire 
D[eacute]l[eacute]ry, and Bulle Tuil Leonetti, Louvre Museum, Paris.
    Les Bronzes Antiques du Maroc, Etudes et travaux 
d'arch[eacute]ologie marocaine, 1969-1994, Christiane Boube-Piccot, 
[Eacute]ditions marocaines et internationales, Tangier.
    The Roman Provincial Coinage, Multiple Volumes, 1992-, Andrew 
Burnett, et al., The British Museum Press, London.

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 
Morocco to the list in alphabetical order to read as follows:


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

    (a) * * *

[[Page 6566]]



----------------------------------------------------------------------------------------------------------------
         State party                         Cultural property                           Decision No.
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Morocco......................  Archaeological material from Morocco ranging   CBP Dec. 21-02.
                                in date from approximately 1 million B.C. to
                                A.D. 1750, and ethnological material from
                                Morocco ranging in date from approximately
                                A.D. 1549 to 1912.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    Mark A. Morgan, the Chief Operating Officer and Senior Official 
Performing the Duties of the Commissioner, having reviewed and approved 
this document, is delegating the authority to electronically sign this 
notice document to Robert F. Altneu, who is the Director of the 
Regulations and Disclosure Law Division for CBP, for purposes of 
publication in the Federal Register.

Robert F. Altneu,
Director, Regulations & Disclosure Law Division, Regulations & Rulings, 
Office of Trade, U.S. Customs and Border Protection.

    Approved: January 15, 2021.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2021-01394 Filed 1-15-21; 4:15 pm]
BILLING CODE 9111-14-P


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