Imposition of Import Restrictions on Categories of Archaeological and Ethnological Material From Morocco, 6561-6566 [2021-01394]
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Federal Register / Vol. 86, No. 13 / Friday, January 22, 2021 / Rules and Regulations
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[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:
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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
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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.
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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.
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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
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(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.
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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
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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
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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
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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.
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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.
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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.
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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
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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.
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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.
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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) * * *
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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.
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*
*
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
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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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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).
---------------------------------------------------------------------------
\1\ Import restrictions concerning archaeological material from
the Islamic period apply only to those objects dating from c. A.D.
600-1750.
---------------------------------------------------------------------------
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]]
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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