[Federal Register: August 31, 2006 (Volume 71, Number 169)]
[Rules and Regulations]
[Page 51724-51726]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31au06-4]
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DEPARTMENT OF HOMELAND SECURITY
Bureau of Customs and Border Protection
DEPARTMENT OF THE TREASURY
19 CFR Part 12
[CBP Dec. 06-22]
RIN 1505-AB72
Import Restrictions on Byzantine Ecclesiastical and Ritual
Ethnological Material From Cyprus
AGENCY: Customs and Border Protection, Department of Homeland Security;
Treasury.
ACTION: Final rule.
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SUMMARY: This document amends the Bureau of Customs and Border
Protection (CBP) regulations by reflecting that the bilateral agreement
between Cyprus and the U.S. to impose certain import restrictions on
archaeological material from Cyprus has been amended to include import
restrictions which had been previously imposed on an emergency basis
for certain Byzantine period ecclesiastical and ritual ethnological
material.
DATES: Effective Date: These regulations are effective on September 4,
2006.
FOR FURTHER INFORMATION CONTACT: For legal aspects, George F. McCray,
Esq., Chief, Intellectual Property Rights and Restricted Merchandise
Branch, (202) 572-8710. For operational aspects, Michael Craig, Chief,
Other Government Agencies Branch, (202) 344-1684.
SUPPLEMENTARY INFORMATION:
Background
Since the passage of the Cultural Property Implementation Act (19
U.S.C. 2601 et seq.), import restrictions have been imposed on
archaeological and ethnological artifacts of a number of signatory
nations. These restrictions have been imposed either as a result of
requests for emergency protection received from those nations or
pursuant to bilateral agreements between the U.S. and other countries.
Pursuant to Article 9 of the 1970 Convention on the Means of
Prohibiting and Preventing the Illicit Import, Export and Transfer of
Ownership of Cultural Property, and Sec. 303(a)(3) of the Convention on
Cultural Property Implementation Act (19 U.S.C. 2602(a)(3)), a State
Party to the 1970 UNESCO Convention, may request that the U.S.
Government impose import restrictions on certain categories of
archaeological and/or ethnological material the pillage of which, if
alleged, jeopardizes the national cultural patrimony.
Import Restrictions Imposed on an Emergency Basis
On March 4, 1999, and in response to the determination that an
emergency condition applies with respect to certain Byzantine
ecclesiastical and ritual ethnological material from Cyprus, the U.S.
Government made the determination that emergency import restrictions be
imposed. Accordingly, on April 12, 1999, the former United States
Customs Service published Treasury Decision (T.D.) 99-35 in the Federal
Register (64 FR 17529), which amended 19 CFR 12.104g(b) to indicate the
imposition of these emergency import restrictions. In that Treasury
Decision, a list designating the types of ethnological materials
covered by these restrictions for a five-year period, is set forth.
These emergency import restrictions were later extended by CBP Dec.
03-25 for an additional three-year period. (See 68 FR 51903, August 29,
2003). These emergency import restrictions are scheduled to expire on
September 4, 2006.
Import Restrictions Imposed Pursuant to Bilateral Agreement
Pursuant to the provisions of the 1970 United Nations Educational,
Scientific and Cultural Organization (UNESCO) Convention, codified into
U.S. law as the Convention on Cultural Property Implementation Act
(Pub. L. 97-446, 19 U.S.C. 2601 et seq.), the United States entered
into a bilateral agreement with Cyprus on July 16, 2002, concerning the
imposition of import restrictions on archeological material originating
in Cyprus and representing the pre-Classical and Classical periods. On
July 19, 2002, the former United States Customs Service published T.D.
02-37 in the Federal Register (67 FR 47447), which amended 19 CFR
12.104g(a) to indicate the imposition of these restrictions and
included a list designating the types of archaeological material
covered by the restrictions. The articles that were subject to
emergency restrictions in 1999 were not included in the original list
designated pursuant to the bilateral agreement.
Amended Bilateral Agreement
Since the emergency import restrictions on the Byzantine materials
is due to expire on September 4, 2006, the Republic of Cyprus
requested, through diplomatic channels, that the Byzantine materials
that have been protected by the emergency action continue to be
protected in the future by amending the existing bilateral agreement.
After reviewing the findings and recommendations of the Cultural
Property Advisory Committee, the Assistant Secretary for Educational
and Cultural Affairs, United States Department of State, concluded that
the cultural heritage of Cyprus continues to be in jeopardy from the
pillage of certain Byzantine ecclesiastical and ritual ethnological
materials ranging in date from approximately the 4th century A.D.
through approximately the 15th century A.D. from Cyprus.
On August 11, 2006, the Republic of Cyprus and the U.S. Government
amended the bilateral agreement of July 16, 2002, pursuant to the
provisions of 19 U.S.C. 2602 and Article 4(b) of the agreement, by
including the list of Byzantine ecclesiastical and ritual ethnological
material that were protected pursuant to the emergency
[[Page 51725]]
action in the list of articles protected in the bilateral agreement.
Please note that this amended bilateral agreement will expire on July
19, 2007, unless extended by the State Parties.
Regulatory Action
Accordingly, CBP is amending 19 CFR 12.104g(b) to remove the above-
referenced Byzantine materials from Cyprus from the list of import
restrictions imposed by emergency action, and to reference these
materials under the listing of cultural property (Sec. 12.104g(a))
protected pursuant to bilateral agreement.
Lists of Protected Designated Articles
The Designated List of articles that are otherwise protected
pursuant to the bilateral agreement on archeological material
originating in Cyprus and representing the pre-Classical and Classical
periods ranging approximately from the 8th millennium B.C. to 330 A.D.
is found in T.D. 02-37.
The Designated List of Byzantine Ecclesiastical and Ritual
Ethnological Material from Cyprus which is now encompassed within the
bilateral agreement is set forth below.
List of Ecclesiastical and Ritual Ethnological Material From Cyprus
Representing the Byzantine Period
Ecclesiastical and ritual ethnological material from Cyprus
representing the Byzantine period dating from approximately the 4th
century A.D. through the 15th century A.D., includes the categories
listed below. The following list is representative only.
I. Metal
A. Bronze
Ceremonial objects include crosses, censers (incense burners),
rings, and buckles for ecclesiastical garments. The objects may be
decorated with engraved or modeled designs or Greek inscriptions.
Crosses, rings and buckles are often set with semi-precious stones.
B. Lead
Lead objects date to the Byzantine period and include ampulla
(small bottle-shaped forms) used in religious observance.
C. Silver and Gold
Ceremonial vessels and objects used in ritual and as components of
church treasure. Ceremonial objects include censers (incense burners),
book covers, liturgical crosses, archbishop's crowns, buckles, and
chests. These are often decorated with molded or incised geometric
motifs or scenes from the Bible, and encrusted with semi-precious or
precious stones. The gems themselves may be engraved with religious
figures or inscriptions. Church treasure may include all of the above,
as well as rings, earrings, and necklaces (some decorated with
ecclesiastical themes) and other implements (e.g., spoons).
II. Wood
Artifacts made of wood are primarily those intended for ritual or
ecclesiastical use during the Byzantine period. These include painted
icons, painted wood screens (iconstasis), carved doors, crosses,
painted wooded beams from churches or monasteries, thrones, chests and
musical instruments. Religious figures (Christ, the Apostles, the
Virgin, and others) predominate in the painted and carved figural
decoration. Ecclesiastical furniture and architectural elements may
also be decorated with geometric or floral designs.
III. Ivory and Bone
Ecclesiastical and ritual objects of ivory and bone boxes, plaques,
pendants, candelabra, stamp rings, crosses. Carved and engraved
decoration includes religious figures, scenes from the Bible, and
floral and geometric designs.
IV. Glass
Ecclesiastical objects such as lamps and ritual vessels.
V. Textiles--Ritual Garments
Ecclesiastical garments and other ritual textiles from the
Byzantine period. Robes, vestments and altar clothes are often of a
fine fabric and richly embroidered in silver and gold. Embroidered
designs include religious motifs and floral and geometric designs.
VI. Stone
A. Wall Mosaics
Dating to the Byzantine period, wall mosaics are found in
ecclesiastical buildings. These generally portray images of Christ,
Archangels, and the Apostles in scenes of Biblical events. Surrounding
panels may contain animal, floral, or geometric designs.
B. Floor Mosaics
Floor mosaics from ecclesiastical contexts. Examples include the
mosaics at Nea Paphos, Kourion, Kouklia, Chrysopolitissa Basilica
andCampanopetra Basilica. Floor mosaics may have animal, floral,
geometric designs, or inscriptions.
VII. Frescoes/Wall Paintings
Wall paintings from the Byzantine period religious structures
(churches, monasteries, chapels, etc.) Like the mosaics, wall paintings
generally portray images of Christ, Archangels, and the Apostles in
scenes of Biblical events. Surrounding paintings may contain animal,
floral, or geometric designs.
More information on import restrictions can be obtained from the
International Cultural Property Protection Web site (http://exchanges.state.gov/culprop
).
Inapplicability of Notice and Delayed Effective Date
This amendment involves a foreign affairs function of the United
States and is, therefore, being made without notice or public procedure
(5 U.S.C. 553(a)(1)). In addition, CBP has determined that such notice
or public procedure would be impracticable and contrary to the public
interest because the action being taken is essential to avoid
interruption of the application of the existing import restrictions (5
U.S.C. 553(b)(B)). For the same reasons, pursuant to 5 U.S.C.
553(d)(3), a delayed effective date is not required.
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
This amendment does not meet the criteria of a ``significant
regulatory action'' as described in Executive Order 12866.
Signing Authority
This regulation is being issued in accordance with 19 CFR
0.1(a)(1).
List of Subjects in 19 CFR Part 12
Cultural property, Customs duties and inspection, Imports,
Prohibited merchandise.
Amendment to CBP Regulations
0
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;
* * * * *
[[Page 51726]]
Sections 12.104 through 12.104i also issued under 19 U.S.C.
2612;
* * * * *
0
2. In Sec. 12.104g, paragraph (a), the entry for Cyprus in the table
of list of agreements imposing import restrictions on described
articles of cultural property of State Parties is revised to read as
follows:
Sec. 12.104g Specific items or categories designated by agreements or
emergency actions.
(a) * * *
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State party Cultural property Decision No.
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* * * * * * *
Cyprus........................ Archaeological T.D. 02-37, as
Material of pre- amended by CBP
Classical and Dec. 06-22.
Classical periods
ranging approximately
from the 8th
millennium B.C. to
330 A.D. and
ecclesiastical and
ritual ethnological
material representing
the Byzantine period
ranging from
approximately the 4th
century A.D. through
approximately the
15th century A.D.
* * * * * * *
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* * * * *
0
3. In Sec. 12.104g, paragraph (b), the table of the list of agreements
imposing emergency import restrictions on described articles of
cultural property of State Parties is amended by removing the entry for
Cyprus, but by retaining the table headings.
Approved: August 25, 2006.
Deborah J. Spero,
Acting Commissioner, Bureau of Customs and Border Protection.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 06-7266 Filed 8-30-06; 8:45 am]
BILLING CODE 9111-14-P