Federal Register / Vol. 62, No. 112 / Wednesday, June 11, 1997 / Rules and Regulations 31713 Issued in Washington, D.C. on June 5, 1997 in nature, is immeasurable. Such items Columbian archaeological materials of by the Commission. often constitute the very essence of a Peru dating to the Colonial period and Jean A. Webb, society and convey important certain Colonial ethnological material Secretary of the Commission. information concerning a people's from Peru as the result of a bilateral [FR Doc. 97±15246 Filed 6±10±97; 8:45 am] origin, history, and traditional setting. agreement entered into between the BILLING CODE 6351±01±P The importance and popularity of such United States and Peru. This agreement items regrettably makes them targets of was entered into on June 9, 1997, theft, encourages clandestine looting of pursuant to the provisions of 19 U.S.C. archaeological sites, and results in their 2602. Protection of the archaeological DEPARTMENT OF THE TREASURY illegal export and import. material from the Sipan region Customs Service The U.S. shares in the international previously reflected in § 12.104g(b) will concern for the need to protect be continued through the bilateral 19 CFR Part 12 endangered cultural property. The agreement without interruption. appearance in the U.S. of stolen or Accordingly, § 12.104g(a) of the [T.D. 97±50] illegally exported artifacts from other Customs Regulations is being amended RIN 1515±AC17 countries where there has been pillage to indicate that restrictions have been has, on occasion, strained our foreign imposed pursuant to the agreement Archaeological and Ethnological and cultural relations. This situation, between the United States and Peru and Material From Peru combined with the concerns of the emergency import restrictions on museum, archaeological, and scholarly certain archaeological material from AGENCY: U.S. Customs Service, communities, was recognized by the Peru is being removed from § 12.104g(b) Department of the Treasury. President and Congress. It became as those restrictions are now ACTION: Final rule. apparent that it was in the national encompassed in § 12.104g(a). interest for the U.S. to join with other This document contains the SUMMARY: This document amends the countries to control illegal trafficking of Designated List of Archaeological and Customs Regulations to reflect the such articles in international commerce. Ethnological Material representing the imposition of import restrictions on The U.S. joined international efforts cultures of the native peoples of Peru certain archaeological material of Peru's and actively participated in which are covered by the agreement. pre-Columbian past dating to the deliberations resulting in the 1970 Importation of articles on this list is Colonial period and certain Colonial UNESCO Convention on the Means of restricted unless the articles are ethnological materials of Peru. These Prohibiting and Preventing the Illicit accompanied by an appropriate export restrictions are being imposed pursuant Import, Export and Transfer of certificate issued by the Government of to an agreement between the United Ownership of Cultural Property (823 Peru. States and Peru which has been entered U.N.T.S. 231 (1972)). U.S. acceptance of In reaching the decision to into under the authority of the the 1970 UNESCO Convention was recommend extension of protection, the Convention on Cultural Property codified into U.S. law as the Deputy Director, United States Implementation Act in accordance with ``Convention on Cultural Property Information Agency, determined that, the United Nations Educational, Implementation Act'' (Pub.L. 97±446, 19 pursuant to the requirements of the Act, Scientific and Cultural Organization U.S.C. 2601 et seq.) (``the Act''). This with respect to categories of pre- (UNESCO) Convention on the Means of was done to promote U.S. leadership in Columbian archaeological material Prohibiting and Preventing the Illicit achieving greater international proposed by the Government of Peru for Import, Export and Transfer of cooperation towards preserving cultural U.S. import restrictions, ranging in date Ownership of Cultural Property. The treasures that are of importance not only from approximately 12,000 B.C. to A.D. document also contains the Designated to the nations whence they originate, 1532, and including, but not limited to, List of Archaeological and Ethnological but also to greater international objects comprised of textiles, metals, Material which describes the articles to understanding of mankind's common ceramics, lithics, perishable remains, which the restrictions apply. This heritage. The U.S. is, to date, the only and human remains that represent document also amends the Customs major art importing country to cultures that include, but are not limited Regulations by removing the listing of implement the 1970 Convention. to, the Chavin, Paracas, Vincus, Moche Peru and identification of the cultural During the past several years, import (including objects derived from the property to which emergency import restrictions have been imposed on a archaeological zone of Sipan), Viru, restrictions have been imposed. Articles emergency basis on archaeological and Lima, Nazca, Recuay, Tiahuanaco, which had been protected under that ethnological artifacts of a number of Huari, Chimu, Chancay, Cuzco, and provision are also covered under the signatory nations as a result of requests Inca; that the cultural patrimony of Peru new listing. for protection received from those is in jeopardy from the pillage of these nations. EFFECTIVE DATE: June 11, 1997. irreplaceable materials representing pre- Peru has been one of the countries Columbian heritage; and that with FOR FURTHER INFORMATION CONTACT: whose archaeological material has been respect to certain categories of Legal Aspects: Donnette Rimmer, afforded emergency protections. In T.D. ethnological material of the Colonial Intellectual Property Rights Branch 90±37, § 12.104g(b), Customs period, ranging in date from A.D. 1532 (202) 482±6960. Regulations, was amended to reflect that to 1821, proposed by the Government of Operational Aspects: Louis Alfano, archaeological material from the Sipan Peru for U.S. import restrictions but Commercial Enforcement, Office of Archaeological Region forming part of limited to (1) objects directly related to Field Operations (202) 927±0005. the remains of the Moche culture the pre-Columbian past, whose pre- SUPPLEMENTARY INFORMATION: received import protection under the Columbian design and function are emergency protection provisions of the maintained with some Colonial Background Act. This protection was extended in characteristics and may include textiles, The value of cultural property, T.D. 94±54. Import restrictions are now metal objects, and ceremonial wood, whether archaeological or ethnological being imposed on certain pre- ceramic and stone vessels; and (2) 31714 Federal Register / Vol. 62, No. 112 / Wednesday, June 11, 1997 / Rules and Regulations objects used for religious evangelism ranging in date from approximately those categories of Moche objects from among indigenous peoples and 12,000 B.C. to A.D. 1532, and including, the SipaÂn Archaeological Region of Peru including Colonial paintings and but not limited to, objects comprised of for which emergency import restrictions sculpture with distinct indigenous textiles, metals, ceramics, lithics, have been in place since 1990. With iconography; that the cultural perishable remains, and human remains publication of the Designated List patrimony of Peru is in jeopardy of that represent cultures that include, but below, protection of the SipaÂn material pillage of these irreplaceable materials are not limited to, the Chavin, Paracas, continues without interruption. as documented by the request. Vicu s, Moche, Viru , Lima, Nazca, The list is divided into seven Recuay, Tiahuanaco, Huari, Chimu , List of Designated Archaeological and categories of objects: Chancay, Cuzco, and Inca cultures. The Ethnological Material From Peru Designated List also includes certain I. Pre-Columbian Textiles Pursuant to a Memorandum of categories of ethnological materials from II. Pre-Columbian Metals Understanding between the United Peru dating to the Colonial period (A.D. III. Pre-Columbian Ceramics States and the Republic of Peru, the 1532±1821), limited to: (1) objects IV. Pre-Columbian Lithics following contains descriptions of the directly related to the pre-Columbian V. Pre-Columbian Perishable Remains VI. Pre-Columbian Human Remains cultural materials for which the United past, whose pre-Columbian design and States imposes import restrictions under VII. Ethnological Objects function are maintained with some A. Objects Directly Related to the Pre- the Convention on Cultural Property Colonial characteristics and may Columbian Past Implementation Act (Pub. L. 97±446), include textiles, metal objects, and B. Objects Used for Religious Evangelism the legislation enabling implementation ceremonial wood, ceramic and stone Among Indigenous Peoples of the 1970 UNESCO Convention on the vessels; and (2) objects used for Means of Prohibiting and Preventing the religious evangelism among indigenous What follows immediately is a chart Illicit Import, Export and Transfer of peoples and including Colonial of chronological periods and cultural Ownership of Cultural Property. The paintings and sculpture with distinct classifications currently widely used for Designated List includes archaeological indigenous iconography.