Imposition of Import Restrictions on Archaeological and Ethnological Material of Yemen, 73274-73280 [2024-20388]

Agencies

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

[Federal Register Volume 89, Number 175 (Tuesday, September 10, 2024)]
[Rules and Regulations]
[Pages 73274-73280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20388]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Part 12

[CBP Dec. 24-15]
RIN 1515-AE83


Imposition of Import Restrictions on Archaeological and 
Ethnological Material of Yemen

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 continuation of import restrictions on 
certain categories of archaeological and ethnological material of 
Yemen, pursuant to an agreement between the United States and the 
Republic of Yemen (the Agreement). The restrictions were originally 
imposed on an emergency basis by CBP Decision 20-01 on February 5, 
2020, and will now continue, with various amendments, through April 15, 
2029. The Designated List of archaeological and ethnological material 
of Yemen to which the restrictions apply is reproduced below, with 
certain modifications to make it consistent with the Agreement.

DATES: Effective on September 10, 2024.

FOR FURTHER INFORMATION CONTACT: For legal aspects, W. Richmond 
Beevers, 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 (Pub. L. 97-
446, 19 U.S.C. 2601 et seq.) (CPIA), which 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)) (Convention), allows for the conclusion of an 
agreement between the United States and another party to the Convention 
to impose import restrictions on eligible

[[Page 73275]]

archaeological and ethnological material. In certain limited 
circumstances, the CPIA authorizes the imposition of restrictions on an 
emergency basis (19 U.S.C. 2603). The emergency restrictions are 
effective for no more than five years from the date of the State 
Party's request and may be extended for three years where it is 
determined that the emergency condition continues to apply with respect 
to the covered material (19 U.S.C. 2603(c)(3)). These restrictions may 
also be continued, in whole or in part, pursuant to an agreement 
concluded within the meaning of the CPIA (19 U.S.C. 2603(c)(4)).
    On February 7, 2020, U.S. Customs and Border Protection (CBP) 
published a final rule, CBP Decision (CBP Dec.) 20-01, in the Federal 
Register (85 FR 7209), which amended Sec.  12.104g(b) of title 19 of 
the Code of Federal Regulations (19 CFR 12.104g(b)) to reflect the 
imposition of import restrictions on certain archaeological material 
and ethnological material of Yemen under the emergency protection 
provisions of the CPIA.
    Following imposition of the emergency import restrictions, the 
United States entered into a bilateral agreement with the Republic of 
Yemen \1\ under the CPIA to continue the emergency import restrictions 
on certain archaeological and ethnological material of Yemen through 
April 15, 2029, with modifications to the Designated List. This period 
may be extended for additional periods, each extension not to exceed 5 
years, if it is determined that the factors justifying the initial 
agreement still pertain and no cause for suspension of the agreement 
exists (19 U.S.C. 2602(e); Sec.  12.104g(a) of title 19 of the Code of 
Federal Regulations (19 CFR 12.104g(a))).
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    \1\ Due to an ongoing conflict within Yemen, this rule shall use 
the ``Republic of Yemen'' to denote the State party to the agreement 
and ``Yemen'' when discussing the archaeological/ethnological 
material and cultural heritage subject to the import restrictions.
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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 November 18, 2022, the 
Assistant Secretary for Educational and Cultural Affairs, United States 
Department of State, after consultation with and recommendation by the 
Cultural Property Advisory Committee, made the determinations required 
under the statute with respect to certain archaeological and 
ethnological material originating in Yemen that is described in the 
Designated List set forth below in this document.
    These determinations include the following: (1) that the cultural 
patrimony of Yemen is in jeopardy from the pillage of archaeological 
material, dating from approximately 200,000 B.C. to A.D. 1773, and 
ethnological material representing Yemen's cultural heritage, ranging 
in date from approximately A.D. 1517 through 1918 (19 U.S.C. 
2602(a)(1)(A)); (2) that the Republic of Yemen Government has taken 
measures consistent with the Convention to protect its cultural 
patrimony (19 U.S.C. 2602(a)(1)(B)); (3) that import restrictions 
imposed by the United States would be of substantial benefit in 
deterring a serious situation of pillage and remedies less drastic are 
not available (19 U.S.C. 2602(a)(1)(C)); and (4) that the application 
of import restrictions as set forth in this final rule is consistent 
with the general interests of the international community in the 
interchange of cultural property among nations for scientific, 
cultural, and educational purposes (19 U.S.C. 2602(a)(1)(D)). The 
Assistant Secretary also found that the material included 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 August 30, 2023, the Governments of the United States and the 
Republic of Yemen signed a bilateral agreement, ``Memorandum of 
Understanding Between the Government of the United States of America 
and the Government of the Republic of Yemen Concerning the Imposition 
of Import Restrictions on Categories of Archaeological and Ethnological 
Material of Yemen,'' (the Agreement) pursuant to the provisions of 19 
U.S.C. 2602(a)(2). The Agreement entered into force on April 15, 2024, 
following the exchange of diplomatic notes, and modifies the previously 
imposed emergency import restrictions on archaeological material dated 
from approximately 200,000 B.C. to A.D. 1773, as well as certain 
ethnological material of Yemeni cultural heritage from A.D. 1517 
through 1918. 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

    Import restrictions on the archaeological and ethnological material 
of Yemen previously reflected in Sec.  12.104g(b) will be continued 
through the Agreement without interruption. Accordingly, Sec.  
12.104g(a) of the CBP regulations is being amended to indicate that 
restrictions have been imposed pursuant to the Agreement, and the 
emergency import restrictions on certain categories of archaeological 
and ethnological material of Yemen are being removed from Sec.  
12.104g(b), as those restrictions are now encompassed in Sec.  
12.104g(a). Pursuant to the Agreement, and consistent with the CPIA, 
the Designated List originally published with the emergency 
restrictions in CBP Dec. 20-01 is being amended to correct certain 
typographical errors, to extend the date range for archaeological 
material to A.D. 1773, to clarify certain categories of archaeological 
material, to add the subcategory ``Inscribed Documents'' to the list of 
archaeological materials, to clarify that the ethnological material 
listed excludes Jewish ceremonial and ritual objects and manuscripts, 
and to reorganize the list of ethnological material by type of object 
instead of by material.

Designated List of Archaeological and Ethnological Material of Yemen

    The Agreement between the United States and the Republic of Yemen 
includes, but is not limited to, the categories of objects described in 
the Designated List set forth below.
    The Designated List includes archaeological and ethnological 
material from Yemen. The archaeological material in the Designated List 
includes, but is not limited to, objects made of stone, metal, ceramic, 
clay, glass, faience, semi-precious stone, paintings, plaster, 
textiles, leather, parchment, paper, wood, bone, ivory, shell, human 
remains, and/or other organic materials dated from approximately 
200,000 B.C. to A.D. 1773. The ethnological material in the Designated 
List includes, but is not limited to, architectural materials, 
manuscripts, and religious and ceremonial objects from approximately 
A.D. 1517 to 1918. This would exclude Jewish ceremonial or ritual 
objects and manuscripts. The Designated List is representative only. 
Any dates and dimensions are approximate. For the reader's convenience, 
CBP is reproducing the Designated List contained in CBP Dec. 20-01 in 
its entirety with the previously detailed modifications.

Categories of Archaeological and Ethnological Material

I. Archaeological Material
    A. Stone
    B. Metal
    C. Ceramic and Clay

[[Page 73276]]

    D. Glass, Faience, and Semi-Precious Stone
    E. Painting
    F. Plaster
    G. Textiles
    H. Leather, Parchment, and Paper
    I. Wood, Bone, Ivory, Shell, and Other Organics
    J. Human Remains
II. Ethnological Material
    A. Architectural Elements
    B. Manuscripts
    C. Religious and Ceremonial Objects

I. Archaeological Material

    Restricted archaeological material from Yemen includes the 
categories listed below, ranging in date from approximately 200,000 
B.C. to A.D. 1773 and representing the following periods and cultures: 
Paleolithic, Neolithic, South Arabian, Abyssinian, Sasanian, and 
Islamic (including but not limited to Umayyad, Abbasid, Ziyadid, Zaydi, 
Najahid, Sulaihid, Zurayid, Ayyubid, Rasulid, and Tahirid). The 
following list is representative only.

A. Stone

    1. Architectural Elements--Primarily in limestone, marble, and 
sandstone; including, but not limited to, blocks from walls, floors, 
and ceilings; columns, capitals, bases, lintels, jambs, friezes, and 
pilasters; doors, door frames, and window fittings; engaged columns, 
altars, prayer niches, screens, fountains, mosaics, and inlays. May be 
plain, molded, carved, or inscribed in various languages and scripts. 
Common decorative motifs include ibex heads and full animals, oxen or 
bull heads, rosettes, geometric designs, and curvilinear vine and 
floral patterns; may be incised or carved in relief. Approximate dates: 
1200 B.C. to A.D. 1773.
    2. Non-architectural Relief Sculpture--In alabaster, limestone, 
marble, calcite, and other kinds of stone. Types include, but are not 
limited to, carved slabs and plaques, funerary and votive stelae, and 
bases and base revetments. These may be painted, incised, or carved 
with relief sculpture, decorated with moldings, and/or carry dedicatory 
or funerary inscriptions. South Arabian Period styles include, but are 
not limited to, face plaques and stelae; may be combined with ceramic 
or plaster sculpture; may be inscribed or painted. Common decorative 
motifs either incised or in high relief include oxen or bull heads, 
other animals, mythological creatures, human figures, which are usually 
clothed, and vegetative and floral patterns; may be inscribed in South 
Arabian script. Approximate dates: 1200 B.C. to A.D. 570.
    3. Statuary--Primarily in alabaster, but also in calcite, 
limestone, sandstone, softstone (chlorite and others), and marble. 
Large- and small-scale, including, but not limited to, deities; human 
figures, which are usually clothed; animals such as bulls, ibex, and 
camels; and hybrid or mythological creatures. May be inscribed in South 
Arabian script. Includes fragments of statues. Some pieces may also 
include different material types, such as multiple types of stone, 
metal staffs, shell or bone eyes, and metal, glass, and semi-precious 
stone jewelry inlay. Approximate dates: 4000 B.C. to A.D. 570.
    4. Vessels and Containers--Primarily in alabaster, softstone 
(chlorite and others), and limestone; may also be marble, basalt, or 
other stone. Vessels may be conventional shapes such as bowls, cups, 
jars, jugs, platters, and flasks, or shapes such as smaller funerary 
urns and incense burners. Common forms include, but are not limited to:
    a. South Arabian Period containers for unguents, powders, and 
liquids in all shapes and sizes. They are flat-bottomed and often have 
lids. Some pieces have protruding pierced lug handles, which may or may 
not be in the shape of an animal, usually a bull or ibex. Vessels may 
be otherwise decorated or inscribed with South Arabian, or other 
script. Other forms include, but are not limited to, pedestal dishes, 
bowls, saucers, and three-legged cosmetic palettes, as well as small, 
rectangular, square-sided boxes, usually decorated with bull's heads, 
used as containers for smaller bottles. Incense burners from the South 
Arabian period are usually cuboid and decorated with astral symbols or 
South Arabian script. Includes miniature vessels and incense burners. 
Approximate dates: 1200 B.C. to A.D. 570.
    b. Stone vessels continue in similar form through the Sasanian and 
Islamic Periods, particularly in softstone (chlorite and others) and 
alabaster. Includes all vessel types and lamps, usually with geometric 
incised decoration; may be inscribed with Arabic or other script. 
Approximate dates: A.D. 570 to 1773.
    5. Furniture--In marble, alabaster, and other stone. May include 
thrones, tables, and other examples. Also includes furniture elements 
such as legs and feet that may have been attached to a wooden frame; 
may be funerary. May include South Arabian Period libation and 
sacrificial altars or tables, which are oblong or square slabs with 
raised rims; altars have a run-off channel for liquid, usually in the 
form of an animal, such as a bull's head or ibex. Includes miniature 
tables. Approximate dates: 1200 B.C. to A.D. 1773.
    6. Tools and Weapons--In flint/chert, obsidian, limestone, tuff, 
basalt, and other stones. Chipped stone types include, but are not 
limited to, blades, borers, scrapers, sickles, cores, and arrowheads. 
Ground stone types include, but are not limited to, grinders (e.g., 
mortars, pestles, millstones, whetstones), choppers, axes, celts, 
hammers, mace heads, and weights. Approximate dates: 200,000 B.C. to 
A.D. 1773.
    7. Jewelry, Seals, and Beads--In marble, limestone, and various 
semi-precious stones, such as rock crystal, amethyst, garnet, jasper, 
agate, steatite, and carnelian. Seals or intaglios (small devices with 
at least one side engraved with a design for stamping or sealing) may 
be engraved with animals, human figures, and/or inscriptions in various 
languages. Beads include cylindrical, spherical, conical, disc, and 
other types; may have cut, incised, or raised decoration. Types 
include, but are not limited to, amulets, bracelets, and pendants. 
Approximate dates: 8000 B.C. to A.D. 1773.

B. Metal

    1. Non-Architectural Relief Sculpture--Types include cast relief 
plaques or tablets, appliques, stelae, and masks; often in bronze or 
copper. Decoration may include human and animal figures, geometric, and 
floral motifs. May be inscribed/cast in South Arabian, Arabic, or other 
script. Approximate dates: 1200 B.C. to A.D. 1773.
    2. Statuary--Primarily in copper, bronze, silver, or gold; includes 
fragments of statues. Range from larger-than-life-size to small 
figurines; forms include, but are not limited to, human figures, which 
may be clothed or not; animals such as camels, ibex, oxen, bulls, and 
lions; mythological creatures/figures; and trophies such as votive 
hands. May be painted or inscribed/cast in relief in South Arabian, 
Arabic, or other script. Approximate dates: 1200 B.C. to A.D. 570.
    3. Vessels and Containers--Primarily in copper, bronze, or iron; 
Islamic Period includes more examples in silver and gold. May include 
forms such as bowls, cups, jars, jugs, strainers, buckets, cauldrons, 
boxes, oil lamps, incense burners, and scroll or manuscript containers; 
may occur in the shape of an animal or part of an animal. May be 
miniature. Decoration may include human or animal figures, or geometric 
or floral motifs, incised or in relief. Incense burners may be square 
or

[[Page 73277]]

cylindrical; front decorated with astral symbols and/or animals. May be 
inscribed/cast in relief in South Arabian, Arabic, or other script. 
Approximate dates: 1200 B.C. to A.D. 1773.
    4. Furniture--Primarily in bronze and iron; may include thrones, 
tables, and other examples. Includes pieces of furniture and decorative 
fittings such as legs and feet that may have been attached to a wooden 
frame; or thin metal sheets with engraved or impressed designs. 
Approximate dates: 1200 B.C. to A.D. 1773.
    5. Tools and Instruments--In copper, bronze, iron, silver, gold, 
and other metals. Types include, but are not limited to, hooks, 
weights, axes, scrapers, trowels, keys, ladles, tools of craftspeople 
such as carpenters, masons, and metal smiths. Approximate dates: 3000 
B.C. to A.D. 570.
    6. Weapons and Armor--Primarily in copper, bronze, and iron. Body 
armor, such as helmets, cuirasses, shin guards, shields, and horse 
armor; often decorated with elaborate engraved, embossed, or perforated 
designs. Launching weapons (spears, javelins, socketed arrowheads); 
hand-to-hand combat weapons (swords, daggers, jambiyas); and sheaths. 
Approximate dates: 1200 B.C. to A.D. 1773.
    7. Jewelry and Other Items for Personal Adornment--In copper, iron, 
bronze, silver, gold, and other metals. Metal can be inlaid with 
materials such as colored stones and glass. Types include, but are not 
limited to, necklaces, amulets and pendants, rings, bracelets, anklets, 
earrings, diadems, wreaths and crowns, beads, buttons, purses, belts, 
belt buckles, mirrors, and make-up accessories and tools. Approximate 
dates: 1200 B.C. to A.D. 1773.
    8. Seals and Stamps--Primarily in lead, tin, copper, bronze, 
silver, and gold. Types include, but are not limited to, rings, 
amulets, and seals with a shank or handle; designs may include animals, 
human figures, and/or inscriptions in various languages. Approximate 
dates: 1200 B.C. to A.D. 1773.
    9. Coins--A reference book for ancient, pre-Islamic material in 
Yemen is M. Huth, Coinage of the Caravan Kingdoms: Ancient Arabian 
Coins from the Collection of Martin Huth, New York, 2010, pp. 68-152. A 
reference book for Islamic coinage to A.D. 1773 is S. Album, Checklist 
of Islamic Coins, Santa Rosa, 2011, pp. 116-127. Some of the best-known 
types are described below:
    a. South Arabian Period--In gold, silver, and bronze/copper, with 
units ranging from tetradrachms down to various fractional levels.
    i. Earliest coins from Yemen are imitations of silver tetradrachms 
from Athens, featuring a bust of Athena on the obverse and an owl on 
the reverse. The style of these imitations is distinctive, and they are 
usually marked with South Arabian monograms or graffiti. Approximate 
dates: 500 B.C. and later.
    ii. Mineans produced schematic imitations of the Athenian coinage; 
these coins have angular shapes, often triangular. Style is distinctive 
with monograms with South Arabian letters. Approximate date: 200 B.C.
    iii. Sabaeans struck distinctive local imitations of Athenian 
tetradrachms, with or without monograms, often with the curved symbol 
of Almaqah to the right of the owl, and of smaller units than 
previously. In the 1st century A.D., the head of Athena is replaced 
with a male bust resembling Augustus; owl on the reverse continues, as 
do monograms and the curved symbol. In the 2nd and 3rd centuries A.D., 
a beardless male head appears on the coins with the curved symbol, and 
a facing bucranium (a bull's head) appears on the reverse with the 
curved symbol and monograms. Approximate dates: 400 B.C. to A.D. 300.
    iv. Himyarite coins feature beardless male heads on the obverse 
coupled with bearded male heads on the reverse. Various South Arabian 
monograms appear on the coins. Rulers include, but are not limited to, 
Yuhabirr, Karib'il Yehun[revaps]im Wattar, Amdan Yuhaqbid, Amdan Bayan, 
Tha'ran Ya[revaps]ub, Shamnar Yuhan[revaps]am, and unknown kings. 
Approximate dates: 110 B.C. to A.D. 200.
    v. Qatabanians also produced imitations of Athenian coins in the 
2nd to 4th century B.C., with or without monograms; distinctive style. 
From the 2nd century B.C. to the 2nd century A.D., the head of Athena 
is replaced with male ruler portraits, including, but not limited to, 
those of Yad'ab Dhubyan Yuhargib, Dhub, Hawfi[revaps]amm 
Yuhan[revaps]am III, Shahr Yagul, Waraw'il Ghaylan, Shahr Hilal, 
Yad[revaps]ab Yanaf, and various unknown rulers. Reverses of early 
types have the owl, while later types have a second portrait on the 
reverse. Approximate dates: 400 B.C. to A.D. 200.
    vi. Bronze coins from Hadhramaut have radiate male portraits in a 
circle on the obverse and a standing bull on the reverse; South Arabian 
symbols appear. Approximate dates: A.D. 200 to 400.
    vii. Various South Arabian types imitate Athenian coins, 
Hellenistic Alexander tetradrachms with a head of Herakles on the 
obverse and Zeus seated on the reverse, and Ptolemaic coins with a 
cornucopia on the reverse. Style is distinctive; designs are 
accompanied by South Arabian monograms.
    b. Islamic Period--In gold, silver, and bronze. Including anonymous 
mints in Yemen and coins of unknown rulers attributed to Yemen. Non-
exclusive mints are the primary manufacturers of the listed coins, but 
there may be other production mints.
    i. Abbasid coins struck in gold, silver, and bronze, at non-
exclusive mints San[revaps]a, Zabid, `Adan, Dhamar, `Aththar, and 
Baysh. Approximate dates: A.D. 786 to 974.
    ii. Coins of the Amirs of San[revaps]a, struck in gold, at the mint 
of San[revaps]a. Approximate dates: A.D. 909 to 911.
    iii. Rassid (1st period) coins struck in gold and silver at 
Sa[revaps]da, San[revaps]a, Tukhla', and `Aththar. Approximate dates: 
A.D. 898 to 1014.
    iv. Coins of the Amirs of Yemen, struck in silver, at an uncertain 
mint. Approximate dates: A.D. 1000 to 1100.
    v. Coins of the Amirs of `Aththar, struck in gold, at the mint of 
`Aththar. Approximate dates: A.D. 957 to 988.
    vi. Tarafid coins, struck in silver, at the mint of `Aththar. 
Approximate dates: A.D. 991 to 1004.
    vii. Ziyadid coins, struck in gold and silver, at non-exclusive 
mint Zabid. Approximate dates: A.D. 955 to 1050s.
    viii. Khawlanid coins, struck in silver, at the mint of 
San[revaps]a. Approximate dates: A.D. 1046 to 1047.
    ix. Najahid coins, struck in gold, at the mints Zabid and Dathina. 
Approximate dates: A.D. 1021 to 1158.
    x. Sulaihid coins, struck in gold and debased silver, at non-
exclusive mints Zabid, `Aththar, `Adan, Dhu Jibla. Approximate dates: 
A.D. 1047 to 1137.
    xi. Zuray'id coins, struck in gold, at the mints of `Adan and Dhu 
Jibla. Approximate dates: A.D. 1111 to 1174.
    xii. Coins of Mahdid of Zabid, struck in silver, at the mint of 
Zabid. Approximate dates: A.D. 1159 to 1174.
    xiii. Rassid (2nd period) coins, struck in gold and silver, at non-
exclusive mints Zufar, San[revaps]a, Sa[revaps]da, Huth, Dhirwah, 
Kahlan, Muda', `Ayyan, Bukur, al-Jahili, and Dhamar. Approximate dates: 
A.D. 1185 to 1390.
    xiv. Ayyubid coins, struck in gold, silver, and bronze, at the 
mints of Zabid, `Adan, Ta`izz, San[revaps]a, al-Dumluwa, Bukur, and 
Mayban. Approximate dates: A.D. 1174 to 1236.
    xv. Rasulid coins, struck in gold, silver, and bronze, at non-
exclusive mints `Adan, Zabid, al-Mahjam, Ta[revaps]izz, San[revaps]a, 
Tha'bat, and Hajja. Approximate dates: A.D. 1229 to 1439.

[[Page 73278]]

    xvi. Tahirid coins, struck in silver, at the mint of `Adan. 
Approximate dates: A.D. 1517 to 1538.
    xvii. Rassid (3rd period) coins, struck in silver and bronze, at 
the mints of San[revaps]a, Zafir, and Thula. Approximate dates: A.D. 
1506 to 1572.
    xviii. Ottoman coins, struck in gold, silver and bronze, at the 
mints of Zabid, San[revaps]a, `Adan, Kawkaban, Ta[revaps]izz, 
Sa[revaps]da, al-Mukha, and Malhaz. Approximate dates: A.D. 1520 to 
1773.

C. Ceramic and Clay

    1. Architectural Elements--Baked clay (terracotta) elements used to 
decorate buildings. Elements include, but are not limited to, 
acroteria, antefixes, painted and relief plaques, revetments, carved 
and molded brick, and wall ornaments and panels. Approximate dates: 
1200 B.C. to A.D. 1773.
    2. Non-architectural Relief Sculpture--Types include, but are not 
limited to, carved slabs and plaques, funerary and votive stelae, and 
bases and base revetments. Common decorative motifs include ibex heads 
and full animals, oxen or bull heads, rosettes, and curvilinear vine 
and floral patterns, and may be incised or in high relief; inscribed 
with South Arabian, Arabic, or other script. Includes face plaques and 
stelae: funerary images of faces; may be combined with ceramic or 
plaster sculpture; may be inscribed or painted. Approximate dates: 1200 
B.C. to A.D. 1773.
    3. Statuary--Range from large to small figurines; forms include, 
but are not limited to, human figures, usually clothed; animals such as 
camels, ibex, oxen, bulls, and lions; or mythological creatures/
figures; and trophies such as votive hands. May be glazed or painted; 
may include South Arabian script. Approximate dates: 1200 B.C. to A.D. 
570.
    4. Vessels--Types include, but are not limited to, utilitarian 
types and fine tableware, incense burners, and oil lamps.
    a. Post-Neolithic/Bronze Age--Common wares include, but are not 
limited to, hand-built gray-brown or reddish-brown coarseware with 
large black or white inclusions, occasionally burnished; and fineware, 
which can have slipwash or burnish with incised or punctate decoration. 
Some pieces may also have imprints of basketry. Common forms include, 
but are not limited to, platters and shallow bowls with flat bases, 
deep bowls and basins with rounded bases, rimmed hemispheric bowls with 
rounded bases, hole-mouthed jars, necked jars, and large storage jars. 
Approximate dates: 3500 to 900 B.C.
    b. South Arabian Period--Common wares include, but are not limited 
to, hand-built reddish-brown, yellow, and gray fabrics, which may be 
unfinished, burnished, or slip-glazed; the most common is red-burnished 
slip with carinated vessel shapes. Common forms include, but are not 
limited to, small-rimmed jugs with flat base; small beakers and 
goblets; rimmed bowls, jars, and vases with ring bases; cooking pots 
with flat bases and straight walls; hemispherical bowls with ledge 
handles, often with black burnished slip; plates/platters with flat 
bases; goblets; amphorae; and oil lamps. Decoration includes, but is 
not limited to, paint, punctation, incised or pressed designs including 
South Arabian script, and raised dots. Imported Roman terra sigillata 
ware, Nabatean painted pottery, Iranian fine orange-painted ware, and 
Indian red-polished ware are also common. Incense burners from this 
period may be square or cylindrical and decorated with astral symbols 
or South Arabian script. Includes miniature vessels. Approximate dates: 
1200 B.C. to A.D. 570.
    c. Sasanian-Islamic Period--Includes stoneware, pottery, porcelain, 
and other wares, which may be unglazed utilitarian wares or glazed 
types; local types include, but are not limited to, reddish, pink, and 
white fabrics with glaze styles including turquoise slip-painted, 
bright yellow glaze, green-painted glaze, salad ware (light green), 
pseudo-celadon glazed, brown-painted, and blue glazed on white slip; 
may include Arabic calligraphy. Imported types are also common and 
include, but are not limited to, Abbasid Period alkaline blue Sasanian-
Islamic jars (A.D. 700 to 1100); Abbasid Period opaque white-glazed 
bowls, either plain or decorated with cobalt (A.D. 800 to 900); and 
sgraffiato types in various forms with red fabric and incised and 
painted designs on white slip including floral, geometric, human, and 
animal motifs (A.D. 1100 to 1400); other types from China, the Arabo-
Persian Gulf, the Indian Ocean, and East Africa are also present. Oil 
lamps from this period typically have rounded bodies with a hole on the 
top and in the nozzle and may have handles or lugs and figural motifs; 
include glazed ceramic lamps, which may have a straight or round 
bulbous body with flared top and several branches. Approximate dates: 
A.D. 570 to 1773.

D. Glass, Faience, and Semi-Precious Stone

    1. Architectural Elements--Mosaics; designs include, but are not 
limited to, landscapes, scenes of deities, humans, or animals, and 
activities such as hunting and fishing. There may also be vegetative, 
floral, or geometric motifs; often with religious imagery. Approximate 
dates: A.D. 500 to 1773.
    2. Vessels--Forms include, but are not limited to, small jars, 
bowls, animal-shaped vessels, goblets, spherical forms, candle holders, 
perfume and unguent jars, and lamps; may have cut, incised, raised, 
enameled, molded, or painted decoration; various colors. South Arabian 
Period and early Islamic Period types may be colorless, blue, green, or 
orange and may be engraved; may include floral and/or geometric motifs; 
may include Arabic calligraphy. Approximate dates: 1200 B.C. to A.D. 
1773.
    3. Jewelry--Forms include beads that may be cylindrical, spherical, 
conical, disc-shaped, and other shapes; may have cut, incised, or 
raised decoration; various colors; molded and carved glass gemstones; 
may include other types of glass inlay. Approximate dates: 1200 B.C. to 
A.D. 1773.

E. Painting

    1. Rock Art--Incised, pecked, or painted drawings on natural rock 
surfaces. Decoration includes crosses; humans; animals, particularly 
camels, ibex, and snakes; geometric and/or floral designs; and other 
designs; includes fragments. May include pre-Islamic graffiti, commonly 
in South Arabian script. Approximate dates: 12,000 B.C. to A.D. 100.
    2. Wall Painting--Decoration includes crosses; humans; animals, 
particularly camels, ibex, and snakes; geometric and/or floral designs; 
and other designs; includes fragments. Painted on wood, stone, and 
plaster. May be on domestic or public walls or tombs. Approximate 
dates: 1200 B.C. to A.D. 1773.

F. Plaster

    1. Stucco--Stucco reliefs, plaques, stelae, and inlays or other 
architectural decoration in stucco. Approximate dates: 1200 B.C. to 
A.D. 1773.
    2. Face Plaques, Stelae, and Statues--Funerary images of faces and 
votive statues; may be combined with stone or ceramic sculpture; may be 
inscribed or painted. Approximate dates: 1200 B.C. to A.D. 1773.

G. Textiles

    Linen cloth used for mummy wrapping. Approximate dates: 500 B.C. to 
A.D. 500.

[[Page 73279]]

H. Leather, Parchment, and Paper

    1. Books and Manuscripts--Either scrolls, sheets, or bound volumes; 
including both secular texts and religious texts such as Qurans. Text 
is often written on vellum or other parchment (cattle, sheep, goat, or 
camel) and then gathered in leather bindings. Paper may also be used. 
Types include books and manuscripts, often written in brown ink, and 
then further embellished with colorful floral or geometric motifs; 
covers may also be stamped, gilded, or inset with metal, glass, and 
semi-precious stones. Approximate dates: A.D. 570 to 1773.
    2. Items for Personal Adornment--Primarily in leather, including, 
but not limited to, belts, sandals, shoes, armor, necklaces, bracelets, 
and other types of jewelry.

I. Wood, Bone, Ivory, Shell, and Other Organics

    1. Architectural and Non-architectural Relief Sculpture--Includes, 
but not limited to, carved and inlaid wood panels, rooms, beams, 
balconies, stages, panels, ceilings, and doors, frequently decorated 
with religious, floral, or geometric motifs; may have script in Arabic. 
Types include, but are not limited to, bone, ivory, and shell reliefs, 
plaques, stelae, and inlays; may be carved or sculpted; commonly 
include human or animal figures, floral, and/or geometric motifs. 
Approximate dates: 1200 B.C. to A.D. 1773.
    2. Statuary and Figurines--Primarily small-size figurines; forms 
include, but are not limited to, human figures, which may be clothed or 
not; animals such as camels, ibex, oxen, bulls, and lions; and 
mythological creatures/figures. May be painted or inscribed/carved in 
relief in South Arabian, Arabic, or other script. Approximate dates: 
1200 B.C. to A.D. 1773.
    3. Furniture--Primarily in wood; may include thrones, other chairs, 
tables, and other forms. Approximate dates: 1200 B.C. to A.D. 1773.
    4. Personal Ornaments and Objects of Daily Use--Types include, but 
are not limited to, amulets, combs, pins, spoons, small containers, 
bracelets, buckles, and beads. Wood, bone, ivory, and shell were also 
used either alone or as inlays in luxury objects including, but not 
limited to, furniture, chests and boxes, writing and painting 
equipment, musical instruments, games, cosmetic containers, combs, and 
jewelry. Approximate dates: 3500 B.C. to A.D. 1773.
    5. Seals and Stamps--Small devices with at least one side engraved 
with a design for stamping or sealing; they can be discoid, cuboid, or 
conoid; may include animals, human figures, and/or inscriptions in 
various languages. Approximate dates: 1200 B.C. to A.D. 1773.
    6. Inscribed Documents--Palm-leaf stalks and wooden sticks 
inscribed in South Arabian script. Approximate dates: 1200 B.C. to 570 
A.D.

J. Human Remains

    Bones, bone fragments, mummies, and mummified remains.

II. Ethnological Material

    Restricted ethnological material from Yemen includes the categories 
listed below, ranging in date from approximately A.D. 1517 to 1918, and 
including architectural elements, manuscripts encompassing secular and 
Islamic religious texts, and Islamic religious and ceremonial objects. 
The categories of restricted material below exclude ethnological Jewish 
ceremonial or ritual objects and manuscripts. The following list is 
representative only.
    A. Architectural Elements--This category includes architectural 
elements and decoration from historic structures in all materials. 
Primarily in stone (especially limestone, marble, and sandstone), metal 
(especially copper, brass, lead, and alloys), ceramic or baked clay 
(terracotta), glass, plaster or stucco, and wood; also includes inlays 
in bone and ivory. Includes ceilings, rooms, walls, and blocks and 
bricks from walls, floors, and ceilings; arches, beams, columns, 
capitals, bases, lintels, jambs, friezes, parapets, crenellations, 
merlons, pilasters, and tent posts; doors, door frames and fixtures, 
and window frames, fixtures, fittings, and panes; altars, balconies, 
chandeliers, finials, prayer niches (mihrabs), cenotaphs, sepulchers, 
screens, stages, pulpits (minbars), panels, plaques, fountains, wall 
ornaments, revetments, mosaics, tiles, inlays; and other forms. May be 
plain, molded, carved, inlaid, gilded, plastered, and/or painted; 
elements may bear Arabic inscriptions. Common decorative motifs include 
geometric, floral, arabesque (intertwining), and religious motifs, and 
may be incised or in high relief. Ceramic or terracotta tiles, plaques, 
bricks, and other elements may be glazed and/or painted.
    B. Manuscripts--Consisting of scrolls, sheets, bound volumes, or 
boards, primarily written in Arabic and including both secular texts 
and Islamic religious texts such as Qurans. Text is often written on 
vellum, other parchment (cattle, sheep, goat, or camel), or paper, then 
gathered in leather bindings. Texts may also be written on wooden 
boards. Types include, but are not limited to, books, scrolls, 
manuscripts, and Islamic study tablets or Quran boards. Includes 
fragments. May be decorated with colorful religious, geometric, floral, 
or arabesque (intertwining) motifs and/or paintings.
    C. Religious and Ceremonial Objects--This category includes objects 
typically used in Islamic communal religious and ceremonial settings in 
all materials. Primarily in stone, metal, ceramic, clay, glass, wood, 
bone, ivory, textiles, leather, and other organic materials.
    1. Non-architectural Monuments--Primarily in stone (especially 
alabaster, limestone, and marble) or metal (especially copper, bronze, 
and brass). May take the form of carved slabs with religious, floral, 
geometric, or arabesque (intertwining) motifs. Types include, but are 
not limited to, plaques, stelae, memorial stones, tombstones, and 
cenotaphs; may bear Arabic inscriptions.
    2. Vessels and Containers--Includes vessels and containers used in 
religious and ceremonial settings in stone (especially alabaster, 
limestone, and softstone), metal (especially silver, copper, bronze, 
brass, and other alloys), ceramic, glass, wood, bone, ivory, leather, 
and other materials. Types include, but are not limited to, mosque 
lamps; incense burners and braziers; candlesticks, candelabras, and 
sconces from religious settings; basins, ewers, and other vessels used 
for ablutions; reliquaries (and their contents); and scroll or 
manuscript containers, such as boxes, pouches, chests, cases, or 
caskets used to hold a Quran or other Islamic religious text. May be 
plain or decorated with floral, geometric, religious, arabesque 
(intertwining), or other motifs; may bear Arabic inscriptions.
    3. Furniture--Primarily in wood and stone. Types include pulpits 
(minbars), prayer niches (mihrabs), screens, Quran holders or stands, 
lecterns, study tables, cabinets, and other furniture used in religious 
and ceremonial settings. May be carved, incised, painted, gilded, and/
or inlaid with other materials; may be decorated with floral, 
geometric, religious, arabesque (intertwining), or other motifs; may 
bear Arabic inscriptions.
    4. Textiles--Includes textiles used for religious and ceremonial 
purposes, primarily in linen, silk, and wool. Types include, but are 
not limited to, banners, hangings, and curtains used in religious and 
ceremonial settings; shrine covers; and shrouds. Often woven or 
embroidered in bright colors with floral, geometric, arabesque 
(intertwining), or

[[Page 73280]]

religious designs, and/or Arabic inscriptions.

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).

Executive Orders 12866 and 13563

    Executive Orders 12866 (Regulatory Planning and Review), as amended 
by Executive Order 14094 (Modernizing Regulatory Review), and 13563 
(Improving Regulation and Regulatory Review) direct agencies to assess 
the costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying costs and 
benefits, reducing costs, harmonizing rules, and promoting flexibility. 
CBP has determined that this document is not a regulation or rule 
subject to the provisions of Executive Orders 12866 and 13563 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, by extension, Executive Order 
13563.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as amended 
by the Small Business Regulatory Enforcement Fairness Act of 1996, 
requires an agency to prepare and make available to the public a 
regulatory flexibility analysis that describes the effect of a proposed 
rule on small entities (i.e., small businesses, small organizations, 
and small governmental jurisdictions) when the agency is required to 
publish a general notice of proposed rulemaking for a rule. Since a 
general notice of proposed rulemaking is not necessary for this rule, 
CBP is not required to prepare a regulatory flexibility analysis for 
this rule.

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 the 
Secretary's delegate) to approve regulations related to customs revenue 
functions.
    Troy A. Miller, the Senior Official Performing the Duties of the 
Commissioner, having reviewed and approved this document, has delegated 
the authority to electronically sign this document to the Director (or 
Acting Director, if applicable) 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, Reporting and recordkeeping requirements.

Amendments 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, add an entry in alphabetical order for ``Yemen'' 
to the table in paragraph (a) and remove the entry for ``Yemen'' in the 
table in paragraph (b).
    The addition reads as follows:


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

    (a) * * *

------------------------------------------------------------------------
      State party         Cultural property           Decision No.
------------------------------------------------------------------------
 
                              * * * * * * *
Yemen.................  Archaeological         CBP Dec. 24-15.
                         material of Yemen
                         ranging in date from
                         approximately
                         200,000 B.C. to A.D.
                         1773, and
                         ethnological
                         material of Yemen
                         ranging in date from
                         approximately A.D.
                         1517 through 1918.
------------------------------------------------------------------------

* * * * *

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

    Approved:

Aviva R. Aron-Dine,
Acting Assistant Secretary of the Treasury for Tax Policy.
[FR Doc. 2024-20388 Filed 9-9-24; 8:45 am]
BILLING CODE 9111-14-P