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49594 Federal Register / Vol. 62, No. 184 / Tuesday, September 23, 1997 / Rules and Regulations

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49594 Federal Register / Vol. 62, No. 184 / Tuesday, September 23, 1997 / Rules and Regulations 49594 Federal Register / Vol. 62, No. 184 / Tuesday, September 23, 1997 / Rules and Regulations Saturdays, Sundays, and legal public DEPARTMENT OF THE TREASURY The importance and popularity of such holidays). Extensions shall be made by items regrettably makes them targets of written notice to the requester setting Customs Service theft, encourages clandestine looting of forth the reasons for the extension and archaeological sites, and results in their the date on which a determination is 19 CFR Part 12 illegal export and import. expected to be dispatched. As used in [T.D. 97±80] The U.S. shares in the international this paragraph, ``unusual concern for the need to protect circumstances'' means, but only to the RIN 1515±AC22 endangered cultural property. The appearance in the U.S. of stolen or extent reasonably necessary to the Import Restrictions Imposed on illegally exported artifacts from other proper processing of the request: Archaeological Artifacts From Mali (1) The need to search for and collect countries where there has been pillage the requested records from facilities or AGENCY: U.S. Customs Service, has, on occasion, strained our foreign other establishments that are separate Department of the Treasury. and cultural relations. This situation, from the office processing the request; ACTION: Final rule. combined with the concerns of museum, archaeological, and scholarly (2) The need to search for, collect, and SUMMARY: This document amends the communities, was recognized by the appropriately examine a voluminous Customs Regulations to reflect the President and Congress. It became amount of separate and distinct records imposition of import restrictions on apparent that it was in the national which are demanded in a single request; culturally significant archaeological interest for the U.S. to join with other or artifacts from the region of the Niger countries to control illegal trafficking of (3) The need for consultation, which River Valley of Mali and the Bandiagara such articles in international commerce. shall be conducted with all practicable Escarpment (Cliff), Mali. These The U.S. joined international efforts speed, with another agency having a restrictions are being imposed pursuant and actively participated in substantial interest in the determination to an agreement between the United deliberations resulting in the 1970 of the request or among two or more States and Mali that has been entered UNESCO Convention on the Means of components of the agency having a into under the authority of the Prohibiting and Preventing the Illicit substantial subject matter interest Convention on Cultural Property Import, Export and Transfer of therein. Implementation Act in accordance with Ownership of Cultural Property (823 (e) A requester may obtain, upon the United Nations Educational, U.N.T.S. 231 (1972)). U.S. acceptance of request, expedited processing of a Scientific and Cultural Organization the 1970 UNESCO Convention was request for records when the requester (UNESCO) Convention on the Means of codified into U.S. law as the demonstrates a ``compelling need'' for Prohibiting and Preventing the Illicit ``Convention on Cultural Property the information. The Freedom of Import, Export and Transfer of Implementation Act'' (Pub.L. 97±446, 19 Information Officer will notify the Ownership of Cultural Property. The U.S.C. 2601 et seq.) (``the Act''). This requester within 10 calendar days after document also contains the Designated was done to promote U.S. leadership in receipt of such a request whether the List of Archaeological Material that achieving greater international Corporation granted expedited describes the articles to which the cooperation towards preserving cultural processing. If expedited processing was restrictions apply. These import treasures that are of importance not only granted, the request will be processed as restrictions imposed pursuant to the to the nations whence they originate, soon as practicable. bilateral agreement between the United but also to greater international (1) For the purposes of this paragraph, States and Mali continue the import understanding of mankind's common ``compelling need'' means: restrictions that were imposed on an heritage. The U.S. is, to date, the only major art importing country to (i) That a failure to obtain requested emergency basis in 1993. Accordingly, this document amends the Customs implement the 1970 Convention. records on an expedited basis could During the past several years, import reasonably be expected to pose an Regulations by removing Mali from the listing of countries for which emergency restrictions have been imposed on an imminent threat to the life or physical emergency basis on archaeological and safety of an individual; or actions imposed the import restrictions and adding Mali to the list of countries ethnological artifacts of a number of (ii) With respect to a request made by for which an agreement has been signatory nations as a result of requests a person primarily engaged in entered into for imposing import for protection received from those disseminating information, urgency to restrictions. nations as well as pursuant to bilateral inform the public concerning actual or agreements between the United States EFFECTIVE DATE: September 23, 1997. alleged Federal Government activity. and other countries. FOR FURTHER INFORMATION CONTACT: (2) A requester shall demonstrate a Mali has been one of the countries (Legal Aspects) Donnette Rimmer, compelling need by a statement certified whose archaeological material has been Intellectual Property Rights Branch by the requester to be true and correct afforded emergency protection. In T.D. (202) 482±6960; (Operational Aspects) to the best of such person's knowledge 93±74, § 12.104g(b), Customs Joan E. Sebanaler, Trade Operations and belief. Regulations, (19 CFR § 12.104g(b)) was (202) 927±0402. (3) The procedures of this paragraph amended to reflect that archaeological (e) for expedited processing apply to SUPPLEMENTARY INFORMATION: material from the region of the Niger River Valley in Mali and the Bandiagara both requests for information and to Background administrative appeals. Escarpment (Cliff) in Mali forming part The value of cultural property, of the remains of the ancient sub-Sahara Dated: September 17, 1997. whether archaeological or ethnological culture received import protection Floyd Fithian, in nature, is immeasurable. Such items under the emergency protection Secretary, Farm Credit System Insurance often constitute the very essence of a provisions of the Act. Corporation Board. society and convey important Import restrictions are now being [FR Doc. 97±25237 Filed 9±22±97; 8:45 am] information concerning a people's imposed on these same archaeological BILLING CODE 6710±01±P origin, history, and traditional setting. artifacts from Mali as the result of a Federal Register / Vol. 62, No. 184 / Tuesday, September 23, 1997 / Rules and Regulations 49595 bilateral agreement entered into fingerbells; bronze pendants; carved 1. Anthropomorphic figures, often between the United States and Mali. wood anthropomorphic and zoomorphic incised, impressed and with added This agreement was entered into on figures; carved wood headrests; wood motifs, such as scarification marks September 19, 1997, pursuant to the bowls, spoons, hoes, axes, bows, arrows and serpentine patterns on their provisions of 19 U.S.C. 2602. Protection quivers, flutes, harps and drums; leather bodies, often depicting horsemen or of the archaeological material from the sandals, boots, knife-sheaths and plaited individuals sitting, squatting, region of the Niger River Valley in Mali bracelets; ritual and utilitarian pottery, kneeling, embracing, or in a and the Bandiagara Escarpment (Cliff) in three/four-footed ceramic bowls; textiles position of repose, arms elongated Mali previously reflected in § 12.104g(b) of cotton and wool that are the remnants the length of the body or crossed will be continued through the bilateral of tunics and coifs, blankets, skirts; over the chest, with the head tipped agreement without interruption. organic fiber from which belts were backwards. (H: 6±30 in.) Accordingly, § 12.104g(a) of the made; glass beads; stone (carnelian) 2. Zoomorphic figures, often depicting Customs Regulations is being amended beads; and stone (quartz) lip plugs. a snake motif on statuettes or on the to indicate that restrictions have been Sites belly of globular vases. Sometimes imposed pursuant to the agreement the serpent is coiled in an between the United States and Mali and Sites include, but are not limited to: independent form. A horse motif is the emergency import restrictions on Djenne and Guimbala of the Inland common, but is usually mounted. certain archaeological material from Niger Delta; Bougouni of the Upper Includes quadrupeds. (H: 6±30 in.) Mali is being removed from 12.104g(b) Valley of the Niger River; and the B. Common Vessels. as those restrictions are now Bandiagara Escarpment (Cliff); and are 1. Funerary jars, ocher in color, often encompassed in § 12.104g(a). recognized to be of high cultural stamped with chevrons. (H: 50 to 80 significance. These sites represent a cm.) Material and Sites Encompassed in continuum of civilizations from the Import Restrictions 2. Globular vases often stamped with Neolithic period to the colonial chevrons and serpentine forms. (H: In reaching the decision to occupation of the 18th century, and under 10 in.) recommend that negotiations for an lend an archaeological significance
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