Register Notice: October 26, 2000; 65 (208):
DEPARTMENT OF THE
document amends the Customs Regulations to reflect the imposition of import
restrictions on certain archaeological material ranging in date from approximately
8000 B.C. through approximately 1500 A.D. and representing prehispanic
cultures of the Republic of Nicaragua. These restrictions are being imposed
pursuant to an agreement between the United States and Nicaragua that
has been entered into under the authority of the Convention on Cultural
Property Implementation Act in accordance with the 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 document amends the Customs Regulations
by adding Nicaragua to the list of countries for which an agreement has
been entered into for imposing import restrictions. The document also
contains the Designated List of Archaeological Material that describes
the types of articles to which the restrictions apply.
Pre-Columbian Archaeological Materials From Nicaragua Representing Prehispanic Cultures Ranging In Date Approximately From 8000 B.C. to 1500 A.D.
The diverse regions of Nicaragua have produced a wide variety of ceramic types and subtypes. Representative types are listed below according to their earliest occurrence but may continue into the succeeding period.
1. Period III (c. 4000-1000 B.C.)--Types include Toya Incised, Palmar Incised, Rosales Zoned Engraved, Espinoza Red Striped, Rivas Negative, Usulutan-like styles, and Cukra Point Complex.
2. Period IV (c. 1000 B.C.-500 A.D.)--Types include Bocana Incised, Matanga Polychrome, Red Jobo Excised, Chaguitillo Polychrome, Rodeo Sieve, Red Andes Incised, Jicaro Polychrome, Red Coyolito Engraved, Bonifacio Excised and Engraved, Guarumo Incised and Punctate, Red-on- Biege Nispero, White-on-Brown Capulin, Black-on-Beige Yoboa Excised Polychrome, Jarkin Complex, Smalla Complex, and Siteia Complex.
3. Period V (c. 500-1000 A.D.)--Types include Chavez White-on-Red, Velasco with Black Stripes, Potosi Applique, Leon Punctate, Tola Trichrome, Papagayo Polychrome, Mora Polychrome, Sacasa Striated, Pataky Polychrome, Ometepe Red-Slipped Incised, Delirio Red-on-White, Subasa Polychrome, Oregano Polychrome, Zamora Incised, Red-and-Black Drum, Arrayan Black Incised, Ulua Polychrome, Babilonia Polychrome, Cacauli Red-on-Orange, Tenampua Polychrome, Tapias Polychrome.
4. Period VI (c. 1000-1550 A.D.)--Types include Vallejo Polychrome, Castillo Engraved, Luna Polychrome, Madeira Polychrome, Murrillo Applique, Patastule-on-Red Bands, Combo Sieve, Carlitos Polychrome, Red-and-White Oluma, Miragua, Red Coronado.
B. Seals and Beads
Seals are small cylindrical objects with a hole lengthwise through the center, usually made of ceramic, used to roll an impressed pattern. Their usual size is about 5 cm long and about 2.5 cm in diameter. Also present are flat rectangular stamp seals. These are carved with geometric designs or stylized human figures. Ceramic beads also occur.
C. Spindle Whorls
Disk and conical-shaped ceramic objects, 2-7 cm in diameter, used as spindle whorls. Most have incised geometric designs.
A. Statues (c. 800-1550 A.D.)
These seated, standing, or columnar stone statues are characteristic of the islands in Lake Nicaragua and the Chontales and Rivas areas around the lakes. Made of well-finished basalt, they reach up to four meters in height. Some examples may date earlier than 800 A.D. The most characteristic subject is a human figure and an associated animal. The animal is either lying on the back and shoulders of the human figure or an animal head resting on top of the human head. Other subjects include human figures sitting on a column or with arms bent across the chest.
Ceremonial vessels are made of stone in the typical ceramic styles. These are mainly known from the northern area of Nicaragua and they are similar in style to vessels originating in Honduras.
C. Grinding Stones
Grinding stones (metates) are usually carved of basalt. Most often, they consist of a simple curved platform supported by three legs. They range in length from about 60 cm to 150 cm. The type most commonly collected is elaborately carved with geometric or anthropomorphic motifs on the legs and sides. Sometimes an effigy head, such as a bird or other animal, is added to one end. These are known to occur in the Pacific coastal area and the islands in Lake Nicaragua.
D. Petroglyphs (Incised or Carved Natural Rock Formations)
Geometric designs or relief figures representing humans and animals carved directly into living rock. These are found throughout Nicaragua. Some of the best known come from the islands in Lake Nicaragua. These are frequently cut out of the natural rock formation and removed from their original context.
E. Mace Heads
Small, highly polished, spherical, or oblong objects of various kinds of stone, with a hole through the center. Mace heads are frequently in the form of animal or human heads, or with geometrical designs carved into the surface. Their maximum dimension ranges from about two to six inches. They are best known from the Pacific coastal area.
F. Greenstone Objects
A wide variety of highly polished ornamental small objects, usually pendants made of green-colored quartz, jadeite, serpentine, and similar materials. Human, animal, and other motifs are represented, although birds are most common. The objects range in size from about two to six inches, and they are usually drilled for suspension.
Stone beads and other items for personal adornment.
H. Chipped Stone
Tools Arrowheads and other tools or weapons.
Pendants and other decorative ornaments with a wide variety of shapes and motifs, including animal and human figures. The gold is sometimes [[Page 64142]] mixed with copper giving the objects a slightly reddish appearance.
Natural shell pierced for stringing in necklaces.
Inapplicability of Notice and Delayed Effective Date
Because the amendment to the Customs Regulations contained in this document imposing import restrictions on the above-listed cultural property of Nicaragua is being made in response to a bilateral agreement entered into in furtherance of the foreign affairs interests of the United States, pursuant to section 553(a)(1) of the Administrative Procedure Act, (5 U.S.C. 553(a)(1)), no notice of proposed rulemaking or public procedure is necessary. For the same reason, a delayed effective date is not required pursuant to 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. Accordingly, this final rule is not subject to the regulatory analysis or other requirements of 5 U.S.C. 603 and 604.
Executive Order 12866
This amendment does not meet the criteria of a ``significant regulatory action'' as described in E.O. 12866.
The principal author of this document was Bill Conrad, Regulations Branch, Office of Regulations and Rulings, U.S. Customs Service. However, personnel from other offices participated in its development.
List of Subjects in 19 CFR Part 12 Customs duties and inspections, Imports, Cultural property.
Amendment to the Regulations
Accordingly, part 12 of the Customs Regulations (19 CFR part 12) is amended as set forth below:
1. The general authority and specific authority citations for part 12, in part, continue to read as follows: Authority: 5 U.S.C. 301, 19 U.S.C. 66, 1202 (General Note 20, Harmonized Tariff Schedule of the United States (HTSUS)), 1624;
Sections 12.104 through 12.104i also issued under 19 U.S.C. 2612;
Sec. 12.104g [Amended]
2. In Sec. 12.104g, paragraph (a), the table is amended by adding Nicaragua in appropriate alphabetical order as follows:
Raymond W. Kelly, Commissioner of Customs.
Approved: September 8, 2000.
John P. Simpson, Deputy Assistant Secretary of the Treasury.
[FR Doc. 00-27593 Filed 10-25-00; 8:45 am]
BILLING CODE 4820-02-P