Import Restrictions Imposed on Categories of Archaeological and Ethnological Material of Nigeria, 15084-15090 [2022-05681]

Agencies

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

[Federal Register Volume 87, Number 52 (Thursday, March 17, 2022)]
[Rules and Regulations]
[Pages 15084-15090]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05681]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Part 12

[CBP Dec. 22-05]
RIN 1515-AE71


Import Restrictions Imposed on Categories of Archaeological and 
Ethnological Material of Nigeria

AGENCY: U.S. Customs and Border Protection, Department of Homeland 
Security; Department of the Treasury.

ACTION: Final rule.

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SUMMARY: This document amends the U.S. Customs and Border Protection 
(CBP) regulations to reflect the imposition of import restrictions on 
certain categories of archaeological and ethnological material from the 
Federal Republic of Nigeria (``Nigeria''). These restrictions are being 
imposed pursuant to an agreement between the United States and Nigeria 
that has been entered into under the authority of the Convention on 
Cultural Property Implementation Act. This document amends the CBP 
regulations by adding Nigeria to the list of countries which have a 
bilateral agreement with the United States that imposes cultural 
property import restrictions. This document also contains the 
Designated List that describes the types of archaeological and 
ethnological material to which the restrictions apply.

DATES: Effective on March 17, 2022.

FOR FURTHER INFORMATION CONTACT: For legal aspects, W. Richmond 
Beevers, Branch Chief, Cargo Security, Carriers and Restricted 
Merchandise Branch, Regulations and Rulings, Office of Trade, (202) 
325-0084, [email protected]. For operational aspects, 
Julie L. Stoeber, Chief, 1USG Branch, Trade Policy and Programs, Office 
of Trade, (202) 945-7064, [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The Convention on Cultural Property Implementation Act, Public Law 
97-446, 19 U.S.C. 2601 et seq. (``the Cultural Property Implementation 
Act''), implements the 1970 United Nations Educational, Scientific and 
Cultural Organization (``UNESCO'') Convention on the Means of 
Prohibiting and Preventing the Illicit Import, Export and Transfer of 
Ownership of Cultural Property (``the Convention'' (823 U.N.T.S. 231 
(1972)). Pursuant to the Cultural Property Implementation Act, on 
January 20, 2022, the United States entered into a bilateral agreement 
with the Federal Republic of Nigeria (``Nigeria'') to impose import 
restrictions on certain archaeological and ethnological material from 
Nigeria. This rule announces that the United States is now imposing 
import restrictions on certain archaeological and ethnological material 
from Nigeria.

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 March 9, 2021, the Acting 
Assistant Secretary for Educational and Cultural Affairs, United States 
Department of State, after consultation with and recommendation by the 
Cultural Property Advisory Committee, made the determinations required 
under the statute with respect to certain archaeological and 
ethnological material originating in Nigeria that is described in the 
Designated List set forth below in this document.
    These determinations include the following: (1) That the cultural 
patrimony of Nigeria is in jeopardy from the pillage of certain types 
of archaeological material representing Nigeria's cultural heritage 
dating from approximately 1500 B.C. to A.D. 1770, and certain 
categories of ethnological material dating from approximately A.D. 200 
to the early 20th century A.D. (19 U.S.C. 2606(a)(1)(A)); (2) that the 
Nigerian government has taken measures consistent with the Convention 
to protect its cultural patrimony (19 U.S.C. 2602(a)(1)(B)); (3) that 
import restrictions imposed by the United States would be of 
substantial benefit in deterring a serious situation of pillage and 
remedies less drastic are not available (19 U.S.C. 2602(a)(1)(C)); and 
(4) that the application of import restrictions as set forth in this 
final rule is consistent with the general interests of the 
international community in the interchange of cultural property among

[[Page 15085]]

nations for scientific, cultural, and educational purposes (19 U.S.C. 
2602(a)(1)(D)). The Acting 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 20, 2022, the United States and Nigeria signed a 
bilateral agreement, ``Memorandum of Understanding between the United 
States of America and the Federal Republic of Nigeria Concerning the 
Imposition of Import Restrictions on Categories of Archaeological and 
Ethnological Material of Nigeria'' (``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 
categories of archaeological material, ranging in date from 
approximately 1500 B.C. to A.D. 1770, and certain categories of 
ethnological material, ranging in date from approximately A.D. 200 to 
the early 20th century A.D., representing Nigeria's cultural heritage. 
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 as 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 20, 2027, unless extended.

Designated List of Archaeological and Ethnological Material of Nigeria

    The Agreement between the United States and Nigeria includes, but 
is not limited to, the categories of objects described in the 
Designated List set forth below. Importation of material on this list 
is restricted unless the material is accompanied by documentation 
certifying that the material left Nigeria legally and not in violation 
of the export laws of Nigeria.
    The Designated List includes archaeological and ethnological 
material from Nigeria. The archaeological material in the Designated 
List includes, but is not limited to, objects made of ceramic/
terracotta, stone, metal, and organic material ranging in date from 
approximately 1500 B.C. through A.D. 1770. The ethnological material in 
the Designated List includes, but is not limited to, objects used in or 
associated with religious activities, part of community or ancestral 
shrines, and/or royal or chiefly activities, including beads and beaded 
garments, figures, ivory and bone, leather and parchment, masks and 
headdresses, metals, stone, ceramic/terracotta, wood, paintings, and 
other ceremonial and ritual objects from the Edo (includes Benin), 
Ejagham, Hausa, Mumuye, Owo, Yoruba, and other cultural and ethnic 
groups, ranging in date from approximately A.D. 200 through the early 
20th century A.D. Dates and dimensions are approximate.

Categories of Archaeological and Ethnological Material

I. Archaeological Material
    A. Ceramic/Terracotta/Fired Clay
    B. Stone
    C. Metal
    D. Organic Material
II. Ethnological Material
    A. Beads and Beaded Garments
    B. Figures
    C. Ivory and Bone
    D. Leather and Parchment
    E. Masks and Headdresses
    F. Brass and Bronze
    G. Iron
    H. Stone
    I. Ceramic/Terracotta
    J. Wood
    K. Paintings

    Approximate simplified chronology of well-known periods:
    (a) Iron Age period (500 B.C. through A.D. 1000), including Nok 
(1500 B.C. through 0 B.C.), Katsina (500 B.C. through A.D. 200), Sokoto 
(500 B.C. through A.D. 200), Calabar (500 B.C. through A.D. 1200), and 
Bakor (A.D. 200 through 500).
    (b) Medieval to Precolonial period (A.D. 900 through 1900), 
including Igbo-Ukwu (c. A.D. 900), Ife (A.D. 1100 through 1500), Esie 
(A.D. 1200 through 1500), and Owo (c. A.D. 1400).
    (c) Colonial period (A.D. 1900 to 1960).

I. Archaeological Material

    Archaeological material covered by this Agreement is associated 
with cultural groups who occupied Northern and Southern Nigeria from 
the Early Nok period in the Late Stone Age (1500 B.C.) through the 
Medieval and Precolonial periods (A.D. 1770). Examples of 
archaeological material covered by the Agreement include objects from 
well-known culture areas/archaeological sites, including yet to-be-
discovered types of archaeological material.

A. Ceramic/Terracotta/Fired Clay

    1. Anthropomorphic Figures--Terracotta anthropomorphic figures 
include heads and full-length human shapes. Human figures may be 
natural or stylized in appearance. Anthropomorphic figures covered by 
the Agreement include, but are not limited to, figures from the 
following cultures:
    a. Calabar Culture--Anthropomorphic figures from the Calabar 
culture were crafted from coiled clay with a coarse texture. Height 
varies, typically between 15 cm and 50 cm. Forms may be closed with a 
base, body, neck, and head. The body may resemble an elongated, 
globular vase with the head enclosing the rim of the vase. Horizontal 
bands may differentiate the base from the body, neck, and head. Bases 
are usually undecorated. Bodies are typically divided into vertical 
sections and decorated with raised patterns and shapes including basket 
weaves, cross hatching, incisions, herringbone, roped designs, zig 
zags, and others. Anthropomorphic faces are compressed, while the head/
hairstyle decorations tend to be more elaborate, typically with coiled 
or braided designs and headgear, although some may be bald. It may be 
hard to distinguish male from female figures in Calabar anthropomorphic 
vessels.
    b. Nok Culture--Anthropomorphic figures and heads from the Nok 
culture tend to be stylized and represent children and adults. Height 
varies widely from miniatures to life size. Postures vary with figures 
in half-kneeling, kneeling, sitting, or standing forms. Gestures 
include bent arms, crossed arms, holding an animal by the neck, or 
holding an object. Figures may have some clothing, such as belts/
loincloths with creases and overlapping fabric that may be decorated 
with patterns and fringe; they may be

[[Page 15086]]

elaborately adorned with representations of roped strands of beads at 
the abdomen, chest, and/or feet. Faces may have dented or pierced ears, 
lips, nostrils, and pupils; eyes are triangular or D-shaped and are 
disproportionally large. Eyebrows are arched. Some Nok mouths have 
stylized teeth. Hairstyles can be elaborate with several buns. 
Foreheads may have incisions, likely representing scarification. Some 
Nok figures may have a diseased appearance represented by facial 
features, including paralysis or elephantiasis. Feet are bare. 
Fingernails and toenails may be realistic or represented with 
triangular cuts on the nail bed. Many Nok figures are found in 
disarticulated or in fragmentary forms.
    c. Ife Culture--Anthropomorphic figures and heads from the Ife 
culture tend to be naturalistic and made of terracotta, typically 9 cm 
to 35 cm tall. Ife figures tend to be symmetrical and may be 
freestanding. Some Ife figures may have caps or crowns in multiple 
tiers. Ife facial characteristics include, but are not limited to, 
vertical striations on the face, overhanging corners of the upper and 
lower eyelid, impressed corners of the mouth, and grooves around the 
neck.
    d. Owo Culture--Anthropomorphic figures and heads from the Owo 
culture tend to be naturalistic and made of terracotta. Owo figures may 
be adorned with caps or headdresses, armbands or bracelets, belts, and/
or collars. Owo figures may have triangular fingernails and toenails. 
Owo figures may hold decapitated or whole animals, including cocks, 
elephants, lizards, rams, or other animals.
    e. Sokoto Culture--Anthropomorphic figures from the Sokoto culture 
are stylized and tend to have elongated, cylindrical bodies with molded 
heads. Sokoto faces have U-shaped drooping eyelids with pierced eyes 
and incisions that outline the eye; nostrils may be pierced, and mouths 
may be slightly agape. Sokoto figures may have elaborate hairstyles 
with several buns and beards. Navels are prominent and herniated. 
Figures may have attached and bent arms, and may be holding objects 
such as adzes, staffs, or weapons. Figures may be wearing banded 
necklaces with pendants.
    f. Katsina Culture--Anthropomorphic figures from the Katsina 
culture are stylized. Katsina figures are often attached to the top of 
a globular jar or bell-shaped urn. Katsina positions often have hands 
resting on knees. Heads tend to wear caps.
    2. Zoomorphic Figures--Figures in the shape of animals made from 
terracotta/fired clay include freestanding whole figures and animal 
heads. Figures may be stylized or naturalized. Animals represented may 
include, but are not limited to, apes, chameleons, dogs, frogs, goats, 
leopards, mudfish, monkeys, owls, rams, and snakes. Some zoomorphic 
figures may be perched on top of bell-shaped urns. Eyes may be carved 
from incisions, and there may be pierced holes for the eyes or the ear 
cavity.
    3. Vessels--Types, forms, and decoration of terracotta vessels vary 
among archaeological styles over time. Shapes include bowls, bowls with 
lids, jars, stands, and effigy vessels. Jars often have globular bases 
with everted or cylindrical rims. Jars may have elongated forms. 
Decorative styles on the exterior of jars and stands vary and may be 
high- or low-relief elements. Decorative elements on the exterior of 
jars and stands may include low-relief elements, such as cross hatches, 
incisions, stamps, braided roulette, or twisted roulette. High-relief 
elements may include naturalistic heads, stylized heads, manillas, 
mudfish, other aquatic animals, snakes, sacrificial offerings, stylized 
architectural elements, geometric shapes, and/or stylized plant or 
vegetal elements. Nok vessels may have multiple anthropomorphic forms 
added in high-relief to the exterior of the vessel. Nok vessels may 
also have stylized heads carved into the exterior of the vessel with 
many of the same attributes found in the figures, including, but not 
limited to, arched eyebrows and D-shaped eyes.
    4. Headrests--Terracotta headrests may have a triangular or 
trapezoidal shape. Headrests vary in height but are typically 12 cm 
tall and 45 cm in length. Headrests are composed of a base, body, neck, 
and curved or slightly concave horizontal top. Bases and curved 
horizontal tops tend to be undecorated. Bodies of headrests are 
elaborately decorated with elements, such as cross hatches, incisions, 
and/or stamps. Negative areas may be cut from the body of the headrest 
leaving interlocked geometric designs, including, but not limited to, 
chevrons or cruciforms. Headrests from the Calabar culture are a good 
example of the style.
    5. Stelae/Funerary Urns--This category includes stelae and urns 
from funerary/burial contexts from the Dakakari and Katsina cultures. 
Urns and stelae are normally 70 cm in height. Shapes are typically 
complex with a circular base with vertical pillars supporting a 
circular or disc-shaped top. Disc-shaped tops may be decorated with a 
geometric design, human or animal faces, or body parts. There may be 
surface decoration, including incisions, piercing, stamping, or others.

B. Stone

    1. Monoliths--Monoliths (e.g., Akwanshi, Cross River, Ejagham, 
Bakor, and Ikom) are typically carved from basalt, and range in height 
from 50 cm to 2 m. Monoliths vary and may be carved in either a column 
or boulder-like form. Monoliths are carved and can have both low- and 
high-relief elements. Most monoliths represent male figures, but there 
are also examples of female and animal figures. Some monoliths have 
well defined facial features with beards, headdresses, or hairstyles, 
and may have complex, linear patterns on the face and torso. The head 
and torso of the monolith are often differentiated with a V-shaped 
groove or ridge. The torso often has a protruding navel.
    2. Figures--Stone Figures (e.g., Esie soapstone) are usually carved 
from steatite or soapstone. Soapstone figures come from Yoruba 
villages, including Esie, Ijara, and Ofaur. Figures feature animals, 
children, and adult figures, often seated on a stool or kneeling on a 
circular base. Figures are typically 20 cm to 120 cm in height. Most 
soapstone figures have elaborate hairstyles, conical headdresses, or 
helmets. Headdresses and hats may be decorated with chevrons, leaves, 
rosettes, and/or tassels. Facial features are naturalistic with 
outlined eyes, flared nostrils, and an elongated bridge on the nose. 
There may be striations on the face, including three striations on the 
temple, vertical lines on the chin, or three lines on the forehead. 
Female figures have three or four marks on the nape of the neck. 
Figures are typically adorned with necklaces and bracelets. Female 
figures may be holding swords and males may have quivers with arrows.
    3. Beads--Stone beads may be crafted from carnelian, chalcedony, or 
other crypto-crystalline silicates, jasper, or quartz. Bead forms may 
be cylindrical, approximately 2 cm in length. Beads may also be rod or 
ring-shaped.
    4. Axes (nyame akuma)--Groundstone or polished axes (nyame akuma) 
have elongated forms, and, in their cross-section, are tear-drop 
shaped. Axes often measure 6 cm in length or less, but can measure up 
to 20 cm. Most groundstone axes are crafted from fine-grained volcanic 
or siliceous rock, sometimes with a banded pattern in the raw material.

C. Metal

    1. Brass and Bronze--There are three types of alloys typically used 
in archaeological metal sculpture, vessels, and ornaments from Nigeria: 
(1) Copper

[[Page 15087]]

or zinc brass; (2) leaded bronze copper with tin and lead; and (3) 
bronze made from copper alloys, such as copper and tin, or copper and 
lead. Despite this variation, Nigerian sculpture is often referred to 
interchangeably as brass and bronze.
    a. Anthropomorphic Figures--Examples of anthropomorphic brass and 
bronze figures include, but are not limited to, the following:
    i. Ife Brass and Bronze Figures--These include life-sized heads 
(sometimes with necks), masks, and full-length figures. Ife brass and 
bronze figures may have naturalistic features. There may be vertical 
striations covering the face, and in some cases on the bottom lip. 
There may be horizontal lines around the circumference of the neck. 
There may be perforations along the hairline, jawline, around the 
mouth, under the ears, and on the neck. Ife brass and bronze figures 
may have caps, crowns, or headdresses.
    ii. Bronze Figures from Lower Niger Region--Bronze figures from the 
Lower Niger region (e.g., Tsoede and Jebba Island) are full-length 
figures that typically range from 40 cm to 120 cm. Lower Niger bronzes 
are less naturalistic and more stylized than Ife brasses and bronzes. 
Figures may depict hunters, priests, warriors, or other roles. Facial 
features include heavily outlined and wide bulging eyes, kidney shaped 
mouth, compact body, wide tubular legs, and flat feet set on a 
pedestalled base. Lower Niger figures may have elaborate caps, crowns, 
or headdresses. Headdress decorations may include beads, decorative 
disks, horns, or small anthropomorphic or zoomorphic figures. Some 
carry or hold shields or staffs, or have clasped hands. Figures are 
often adorned with necklaces and anklets. Some may be wearing full-body 
tunics or belted skirts/wrappers cinched at the waist. Some may be 
composite of a horse and rider.
    b. Zoomorphic Figures--Igbo Ukwu zoomorphic brass and bronze 
figures include stylized animal figures that may represent whole 
animals or partial animal parts, typically the head or skull. 
Zoomorphic figures include birds, elephants, leopards, rams, snakes, 
and others. Zoomorphic figures are ornately and densely decorated with 
encrusted designs and patterns. Geometric decorative elements can 
include basketweave patterns, discs, granulation, raised knobs or 
loops, spirals, meshwork with interlocking chevrons, metal threads, and 
waves. Organic decorative elements can include images of beetles, 
birds, eggs, flies, grasshoppers, leopards, shells, snakes, and 
stylized plants and flowers. Trumpet-shaped decoration can surround 
animal skulls.
    c. Vessels--Igbo-Ukwu vessels were cast in brass and bronze using 
the lost-wax method (cire perdu). Vessels come in many forms, including 
open and closed forms of bowls, cups, jars, stands, and composite 
shapes mirroring shells and calabashes. Vessel height typically varies 
between 12 cm to 35 cm. Vessel decoration can vary from organic to 
geometric shapes. Igbo-Ukwu vessels are elaborately and ornately 
decorated with encrusted designs and patterns. Geometric decorative 
elements can include basketweave patterns, discs, granulation, raised 
knobs or loops, spirals, meshwork with interlocking chevrons, metal 
threads, and waves. Organic decorative elements can include images of 
beetles, birds, flies, grasshoppers, leopards, shells, snakes, and 
stylized plants and flowers. Decorative elements can be in either high- 
or low-relief forms. Some vessels may have handles on one or two sides 
of the body or top. Blue, red, and yellow glass beads are sometimes 
attached to the exterior of vessels.
    d. Ornaments--Examples of ornaments include, but are not limited 
to, the following:
    i. Igbo-Ukwu Brass and Bronze Ornaments--These include, but are not 
limited to, altar stands, animals, bells, eggs, fly whisks, human 
figures, miniature heads, pendants, scabbards, shells, and staff 
toppers. Decorative forms may be a composite with multiple figures (for 
example, a horse and rider, snake and pangolin, snake and frog, or 
others). Ornament sizes vary, but they are typically between 6 cm to 50 
cm in height. Ornaments tend to be ornately and densely decorated with 
encrusted designs. Decorative elements include, but are not limited, to 
basketweave patterns, discs granulation, incisions, interlocking 
geometric designs, raised knobs or loops, and spirals. Blue, red, and 
yellow glass beads are sometimes attached to the exterior of ornaments.
    ii. Lower Niger Ornaments--These include brass and bronze bells. 
Ornament sizes vary, but they are typically between 10 cm to 20 cm in 
height. Bells have conical shapes. Bells may have either stylized human 
or animal faces with flared lips, protruding eyes, and striations on 
the forehead and/or near the mouth. There may be ears protruding from 
the conical body of the bell. There may be a loop on top of the bell 
that allowed bells to be fastened to other objects.
    2. Iron--Iron objects include, but are not limited to, ceremonial 
swords, jewelry (e.g., anklets, armlets, and bracelets), knives, 
projectiles, staffs, and other hand-held implements.

D. Organic Material

    This category includes bone, ivory, leather, textiles, and wood 
from archaeological contexts, such as human remains, animal remains, 
basketry, burial shrouds, containers, garments, figurines, textiles, 
tools, and vessels.

II. Ethnological Material

    Ethnological material covered by the Agreement includes, but is not 
limited to, objects that were used in religious activities, part of 
community or ancestral shrines, and/or used in royal or chiefly 
activities. Objects are associated with many cultures and civilizations 
ranging in date from approximately 200 A.D. through the early 20th 
century A.D. Nigeria's cultures, cultural complexes, and polities 
include groups, such as the Afo, Bassa-Nge, Benin, Bokyi, Chamba, Cross 
River Basin Peoples, Dakakari, Edo, Ekoi, Hausa, Ibibio, Idoma, Igala, 
Igbo, Ijaw, Ijo, Fulani, Jukun, Kanem-Borno, Mambila, Mama, Montol, 
Mumuye, Nupe, Ogoni, Okpoto, Sokoto, Tiv, Wamba, Verre, and Yoruba.

A. Beads and Beaded Garments

    Beads and beaded garments include, but are not limited to, boots, 
caps, crowns, dance panels, diviner's bags, garments for altar figures, 
gowns, footrests, leggings, fly whisks, scepters, and sheaths for 
ceremonial swords and other hand-held royal or chiefly implements, such 
as staffs used in or associated with religious activities, community or 
ancestral shrines, and/or royal or chiefly activities.

B. Figures

    Figures come in many forms and were crafted from different types of 
material, such as terracotta/fired clay, stone, and wood. Figures tend 
to depict humans, human heads, and animals, and may be naturalistic or 
stylized. Figures include, but are not limited to, figures made by Afo 
artists, Chamba figures, Ekpu figures, Ibeji figures, Igbo ancestor and 
shrine figures, Ijo figures, Jukun figures, Mbembe figures, Ogboni 
figures, Oron figures, Mumuye figures, Urhobo figures, Verre figures, 
Yoruba figures, ecclesiastical figures, and others used in or 
associated with religious activities, community or ancestral shrines, 
and/or royal or chiefly activities. Signs of wear depend on the 
intended use of the object and range from well-preserved surfaces to 
worn and/or encrusted surfaces.

[[Page 15088]]

C. Ivory and Bone

    Ivory and bone objects come in many forms, including, but not 
limited to, altar pieces, boxes, bowls, bracelets, ceremonial swords, 
costume attachments, divination tappers, ecclesiastical objects, 
figures, gongs, horns/trumpets, masks, paddles, pendants, rattles, salt 
cellars, spoons, staffs, staff heads, vessels, and other objects. 
Ethnological objects made from ivory include Afro-Portuguese ivories, 
which are ornately carved and often in the form of salt cellars, 
trumpets, spoons, pendants, or vessels. Ivory and bone objects are 
typically associated with the Edo, Owo, and Yoruba cultures, and date 
approximately from the 15th through the 19th centuries A.D.

D. Books and Manuscripts

    Secular and religious Islamic texts, manuscripts, and portions of 
manuscripts, including but not limited to, Qur'ans, commentaries, 
essays, letters, poetry, treatises, and other documents spanning the 
subjects of astronomy, chronicles, ethics, history, Islamic philosophy, 
law, literature, prophetic traditions, secret arts, Sufism, and related 
subjects. Books and manuscripts may be in sheets or in bound volumes, 
and may be decorated with colorful, geometric, or organic designs. Text 
is handwritten on paper and may be gathered into leather folios, and 
may be written in Arabic, Ajami, Hausa, or Fulfulde scripts.

E. Masks and Headdresses

    Masks and headdresses were typically created in three forms: (1) 
Helmet-style; (2) facemasks; and (3) headcrests (worn on the top of the 
head). Masks and headdresses may show signs of use from being worn, 
used repeatedly, and fastened to the wearer. They may be crafted from 
brass/bronze, coconut shells, iron, ivory, leather, raffia, wood, 
vegetable fibers, or a combination of materials. They may be carved and 
ornamented with decorative and symbolic motifs. Beads, bells, and/or 
shells may be attached. They may be carved and decorated to represent 
human, animal, and composite forms (e.g., horse and rider). Some masks, 
like those of the Yoruba and the Igbo region, may be painted with 
vibrant colors. Masks may also come in Janus style (double-sided) or 
plank forms. Masks may have been worn by men, women, and children. 
Masks may be encrusted with layers of clay, kaolin, ochre, soil, or 
sediment. Examples of masks include those used in or associated with 
religious activities and/or royal or chiefly activities, such as face 
masks from Bassa-Nge, Ibibio, and Yoruba, helmet masks from Ejagham, 
Igala, and Mambila, or crest masks or headdresses from Bokyi, Ejagham, 
Ekoi, Ibibio, Idoma, Igbo, Ijo, Mama, and Yoruba.

F. Brass and Bronze

    There are three types of alloys typically used in ethnological 
metal sculpture from Nigeria: (1) Copper or zinc brass; (2) leaded 
bronze copper with tin and lead; and (3) bronze made from copper 
alloys, such as copper and tin or copper and lead. Despite this 
variation, Nigerian sculpture is often referred to interchangeably as 
brass and bronze. Benin Bronzes are the best-known examples. Examples 
of Benin Bronzes includes, but are not limited to, the following:
    1. Anthropomorphic Figures--Benin Bronzes come in a variety of 
anthropomorphic forms, including free standing heads, heads on 
pedestalled bases, free standing full-length human figures, and full-
length human figures on pedestalled bases. Head height varies, 
typically between 20 cm to 55 cm. Features may be both naturalized and 
stylized. Heads may have a wide and cylindrical shape, cheeks may be 
swollen, and eyes may be enlarged. Heads have representations of 
regalia including tight-fitting collars that do not cover the chin or 
beaded collars that cover the neck and chin reaching the lower lip. 
Heads may have caps, conical hats, crowns, elaborate hairstyles, or 
helmets. Beads may hang above the eyes. Wing-like feathers and/or 
horizontal bars may project from the side of headgear and crowns. Full-
length Benin bronze figures vary in height, typically between 40 cm and 
65 cm. Full-length figures can be free standing or on a pedestalled 
base. The position is typically asymmetrical as some figures hold side-
blown trumpets, staffs, weapons, or other objects. Figures are often 
adorned with necklaces, bracelets, and caps, elaborate hairstyles, 
helmets, or other headgear. Male figures often wear skirts/wrappers 
tied around the waist. Some full-length figures have ``cat-whisker'' 
scarification protruding from the mouth. Some are composite figures, 
such as a full-length figure of a horse and rider.
    2. Zoomorphic Figures--Zoomorphic Benin bronze figures include 
freestanding animals and animals on pedestalled bases, including, 
birds, fish, horses, leopards, rams, roosters, snakes, and others. They 
may be stylized and include both whole and partial animal figures. 
Figures tend to have decorated bodies with feathers, scales, or spots. 
Some figures may have once been part of decorative architectural 
elements, including turrets. Height varies, typically from 30 cm to 60 
cm. Pedestalled bases may be decorated with braided geometric and 
organic designs.
    3. Ornaments--Benin brass and bronze ornaments include, but are not 
limited to, altar ornaments/stands, anklets, bells, bracelets, discs, 
figures, finials, flasks, hip ornaments, horns/trumpets, lamps, masks, 
miniature crowns, pot stands, rings, stools, staffs, and staff toppers. 
Ornaments were cast using the lost-wax cast method and tend to be 
ornately decorated with both high- and low-relief elements. Decorative 
elements include, but are not limited to, basketweave patterns, chains, 
incisions, interlocking geometric designs, organic designs, raised 
knobs or loops, spirals, waves, and others. Decorative forms may 
include human heads and full-length figures. Some ornaments may 
incorporate animal designs into the body of the piece with birds, 
crocodiles, frogs, horses, mudfish, snakes, and other animal designs.
    4. Plaques--Benin bronze plaques were cast using the lost-wax 
method. Plaques come in rectangular, pendant, and pectoral forms. 
Rectangular plaques tend to be slightly taller than wider, with height 
varying between 40 cm to 50 cm and width varying between 30 cm to 45 
cm. Pendant and pectoral plaques tend to be semicircular. The 
dimensions of pendant or pectoral plaques vary, typically with a height 
and width varying between 15 cm to 40 cm. Plaques tend to be ornately 
decorated with both naturalistic and stylized elements. The backgrounds 
may have low-relief geometric and organic elements, including circles, 
dots, flowers, petals, quatrefoils, and other designs. High-relief 
decorative elements often include a prominent full-length human figure, 
often flanked by two or more figures that may be smaller in size. Human 
figures are often adorned in ceremonial dress including anklets, armor, 
bracelets, decorated skirts/wrappers and tunics, necklaces, and other 
objects. Crowns are common on the main figure and have many of the same 
decorative elements as the Benin bronze memorial heads, such as 
feathers and horizontal bars protruding from the temple. Some human 
figures may have facial hair. Smaller figures may carry shields, 
staffs, trumpets, and other weapons. Other high-relief decorative 
elements include birds, crocodiles, insects, fish, snakes, trees, and 
others.
    5. Vessels--Benin brass and bronze vessels were cast in bronze 
using the lost-wax method. Vessels come in many forms, including open 
and closed forms of bowls, lidded bowls, cups, jars, jugs,

[[Page 15089]]

lidded jars, and stands. Sizes vary, typically between 7 cm and 40 cm. 
Vessels are typically elaborately decorated with high- and low-relief 
elements and with both naturalistic and stylized elements. The vessels' 
backgrounds may have low-relief geometric and organic elements, 
including arches, circles, dots, leaves, flowers, interlocking 
geometric designs, petals, quatrefoils, and other designs. High-relief 
elements on vessels include human and animal figures such as leopards, 
frogs, mudfish, snakes, snails, tortoises, and others.

G. Iron

    This category includes iron objects, such as axes, ceremonial 
currency, ceremonial swords and knives, spears, staffs, swords, and 
other weapons used in or associated with religious activities, 
community or ancestral shrines, and/or royal or chiefly activities. 
Iron implements vary in size, typically between 30 cm and 110 cm in 
height. Ceremonial swords have fan-shaped blades. Blades may be curved 
or pointed. Axes and ceremonial currency may have simple or ornate 
curved blades that were not intended to be used, and may not have been 
created for a utilitarian purpose. Blades may have dulled edges, and 
forms are typically more delicate and ornate than utilitarian tools, 
projectiles, and weapons. While the blades are forged from iron, the 
hilt, pommel, and grip may be crafted from bone, brass, bronze, copper, 
ivory, or wood.

H. Stone

    1. Monoliths--Monoliths (e.g., Akwanshi, Cross River, Ejagham, 
Bakor, and Ikom) are typically carved from basalt, and range in height 
from 50 cm to 2 m. Monoliths vary and may be carved in either a column 
or boulder-like form. Monoliths are carved and can have both low- and 
high-relief elements. Most monoliths represent male figures, but there 
are also examples of female and animal forms. Some monoliths have well-
defined facial features with beards, headdresses or hairstyles, and 
they may have complex, linear patterns on the face and torso. The head 
and torso of the monolith is often differentiated with a V-shaped 
groove or ridge. The torso often has a protruding navel.
    2. Figures--Stone figures (e.g., Esie soapstone) are usually carved 
from steatite or soapstone. Soapstone figures come from Yoruba 
villages, including Esie, Ijara, and Ofaur. Figures feature animals, 
children, and adult figures, often seated on a stool or kneeling on a 
circular base. Figures are typically 20 cm to 120 cm in height. Most 
soapstone figures have elaborate hairstyles, conical headdresses, or 
helmets. Headdresses and hats may be decorated with chevrons, leaves, 
rosettes, and/or tassels. Facial features are naturalistic with 
outlined eyes, flared nostrils, and an elongated bridge on the nose. 
There may be striations on the face, including on the temple, chin, 
and/or forehead. Female figures often have three or four marks on the 
nape of the neck. Figures are typically adorned with necklaces and 
bracelets. Female figures may be holding swords and males may have 
quivers with arrows and a helmet with a shape of a bird.

I. Terracotta/Fired Clay

    This category includes ceramic or terracotta vessels, figures, and 
objects used in or associated with cemeteries, religious activities, 
community or ancestral shrines, and/or royal or chiefly activities in 
Dakakari, Edo, Yoruba, and other cultures.
    1. Anthropomorphic Figures--Examples include anthropomorphic 
figures from the Edo cultures, which tend to have both naturalized and 
stylized characteristics. Height varies, typically between 9 cm and 25 
cm. Terracotta ceremonial or commemorative heads share similar 
characteristics to the anthropomorphic bronze figures described in 
section I.F.1. of this Designated List. Heads may have a wide and 
cylindrical shape, cheeks may be swollen, and eyes may be enlarged. 
Heads include representations of regalia including tight-fitting 
collars that do not cover the chin to beaded collars that cover the 
neck and chin reaching the lower lip. Terracotta heads may have caps, 
conical hats, crowns, elaborate hairstyles, or helmets. Beads or 
incisions may hang above the eyes. Heads may have a hollow core.
    2. Zoomorphic Figures--Examples include zoomorphic figures from the 
Edo cultures, which tend to have stylized characteristics. Height 
varies, typically between 9 cm and 25 cm. Edo zoomorphic figures tend 
to feature singular heads of animals such as leopards, rams, or other 
animals. Eyes and pupils tend to be incised. Heads may have a hollow 
core.
    3. Funerary Stelae/Figures--Funerary stelae and figures from the 
Dakakari culture tend to be stylized and include anthropomorphic 
figures, zoomorphic figures, or composite figures, such as a horse and 
rider. Height varies, typically between 30 cm and 50 cm. 
Anthropomorphic and zoomorphic figures tend to be positioned on top of 
a bell-shaped or spherical base. Bodies tend to be cylindrical with 
truncated limbs. Eyes may be represented by linear slits that puncture 
the terracotta, while the nostrils and mouths may be punctured with 
more rounded holes. Animal figures tend to have elongated, quadruped 
limbs.

J. Wood

    1. Architectural Elements--This category includes doors, door 
fixtures, houseposts, and veranda posts from religious buildings, 
including churches and shrines, and royal buildings, which were used in 
or associated with religious activities, community or ancestral 
shrines, and/or royal or chiefly activities. Architectural pieces may 
be ornately carved with high-relief decorations.
    2. Ceremonial and Religious Wood--This category includes altar 
pieces, altar stands, ceremonial bowls, ceremonial boxes, divination 
trays, divination vessels, drums, gong rasps, masquerade ornaments, 
missal stands, offering bowls, prayer boards, Qur'an boxes, staffs, 
staff heads, stools, and other objects used in or associated with 
religious activities, community or ancestral shrines, and/or royal or 
chiefly activities.

K. Rock Art

    Incised, engraved, pecked, or painted drawings on natural rock 
surfaces. Decoration includes human figures, animal figures (in 
particular, cattle, sheep, and short horned bulls), and geometric 
symbols.

References

Dynasty and Divinity: Ife Art in Ancient Nigeria, 2009, Henry John 
Drewel and Enid Schildkrout, Getty Foundation with the Museum for 
African Art, New York.
Early Art and Architecture of Africa, 2002, Peter Garlake, Oxford 
University Press, Oxford.
From Shrines to Showcases: Masterpieces of Nigerian Art, 2008, Ekpo 
Eyo, Ministry of Information and Communication, Abuja.
Gelede: Art and Female Power Among the Yoruba, 1983, Henry John 
Drewal and Margaret Thompson Drewal, Indiana University Press, 
Bloomington.
Nok: African Sculpture in Archaeological Context, 2013, Peter 
Brunig, Goethe-Universit[auml]t and Africa Magna Verlag, Frankfurt.
Sculptures: Africa, Asia, Oceania, Americas, 2020, Reunion des 
Musees Nationaux: Musee de quai Branly, Paris.
The Royal Arts of Africa: The Majesty of Form, 1998, Suzanne Blier, 
Callman King; Prentiss Hall, London and New York.
Treasures of Ancient Nigeria, 1980, Ekpo Eyo and Frank Willett, 
Alfred Knopf with the Detroit Institute of Art, New York.
Yoruba Beadwork: Artwork of Nigeria, 1980, William Fagg, Rizzoli 
International Publications, New York.

[[Page 15090]]

Inapplicability of Notice and Delayed Effective Date

    This amendment involves a foreign affairs function of the United 
States and is, therefore, being made without notice or public procedure 
under 5 U.S.C. 553(a)(1). 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 Order 12866

    CBP has determined that this document is not a regulation or rule 
subject to the provisions of Executive Order 12866 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.

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.
    Chris Magnus, the Commissioner of CBP, having reviewed and approved 
this document, has delegated the authority to electronically sign this 
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.

List of Subjects in 19 CFR Part 12

    Cultural property, Customs duties and inspection, Imports, 
Prohibited merchandise, and Reporting and recordkeeping requirements.

Amendment to the 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 an 
entry for ``Nigeria'' in alphabetical order to read as follows:


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

    (a) * * *

----------------------------------------------------------------------------------------------------------------
           State party                          Cultural property                         Decision No.
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Nigeria..........................  Archaeological material of Nigeria ranging   CBP Dec. 22-05
                                    from approximately B.C. 1500 to A.D. 1770,
                                    and ethnological material of Nigeria
                                    ranging from approximately A.D. 200 to the
                                    early 20th century A.D.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

Robert F. Altneu,
Director, Regulations & Disclosure Law Division, Regulations & Rulings, 
Office of Trade U.S. Customs and Border Protection.
    Approved:
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2022-05681 Filed 3-16-22; 8:45 am]
BILLING CODE 9111-14-P