Imposition of Import Restrictions on Archaeological and Ethnological Material of Tunisia

<RULE> DEPARTMENT OF HOMELAND SECURITY <SUBAGY>U.S. Customs and Border Protection</SUBAGY> DEPARTMENT OF THE TREASURY <CFR>19 CFR Part 12</CFR> <DEPDOC>[CBP Dec. 24-12]</DEPDOC> <RIN>RIN 1515-AE66</RIN> <SUBJECT>Imposition of Import Restrictions on Archaeological and Ethnological Material of Tunisia</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> U.S. Customs and Border Protection, Department of Homeland Security; Department of the Treasury. <HD SOURCE="HED">ACTION:</HD> Final rule. <SUM> <HD SOURCE="HED">SUMMARY:</HD> This document amends the U.S. Customs and Border Protection (CBP) regulations to reflect the imposition of import restrictions on certain archaeological and ethnological material from the Republic of Tunisia (Tunisia). These restrictions are imposed pursuant to an agreement between the United States and Tunisia, entered into under the authority of the Convention on Cultural Property Implementation Act. This document amends the CBP regulations by adding Tunisia to the list of countries which have bilateral agreements with the United States imposing cultural property import restrictions and contains the Designated List, describing the archaeological and ethnological materials to which the restrictions apply. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> Effective on July 22, 2024. </EFFDATE> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> For legal aspects, W. Richmond Beevers, Chief, Cargo Security, Carriers and Restricted Merchandise Branch, Regulations and Rulings, Office of Trade, (202) 325-0084, <E T="03">ot-otrrculturalproperty@cbp.dhs.gov</E> . For operational aspects, Julie L. Stoeber, Chief, 1USG Branch, Trade Policy and Programs, Office of Trade, (202) 945-7064, <E T="03">1USGBranch@cbp.dhs.gov</E> . </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">Background</HD> The Convention on Cultural Property Implementation Act (Pub. L. 97-446, 19 U.S.C. 2601 <E T="03">et seq.</E> ) (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 certain archaeological and ethnological material. Pursuant to the CPIA, the United States entered into a bilateral agreement with the Republic of Tunisia (Tunisia) to impose import restrictions on certain archaeological and ethnological material of Tunisia. This rule announces that the United States is now imposing import restrictions on certain archaeological and ethnological material of Tunisia through February 6, 2029. This period may be extended for additional periods, each extension not to exceed five 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); § 12.104g(a) of title 19 of the Code of Federal Regulations (19 CFR 12.104g(a))). <HD SOURCE="HD1">Determinations</HD> 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 September 23, 2020, 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 Tunisia that is described in the Designated List set forth below in this document. These determinations include the following: (1) that the cultural patrimony of Tunisia is in jeopardy from the pillage of archaeological material representing Tunisia's cultural heritage dating from approximately 200,000 B.C. to A.D. 1750, and ethnological material representing Tunisia's cultural heritage from the Ottoman and early Husseinite periods, ranging in date from approximately A.D. 1574 to 1881 (19 U.S.C. 2602(a)(1)(A)); (2) that the Tunisian 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 described in the determinations meets the statutory definition of “archaeological or ethnological material of the State Party” (19 U.S.C. 2601(2)). <HD SOURCE="HD1">The Agreement</HD> On March 16, 2023, the Governments of the United States and Tunisia signed a bilateral agreement, “Memorandum of Understanding between the Government of the United States of America and the Government of the Republic of Tunisia Concerning the Imposition of Import Restrictions on Archaeological and Ethnological Material of Tunisia” (the Agreement), pursuant to the provisions of 19 U.S.C. 2602(a)(2). The Agreement entered into force on February 6, 2024, following the exchange of diplomatic notes, and enables the promulgation of import restrictions on certain categories of archaeological material ranging in date from approximately 200,000 B.C. to A.D. 1750, as well as certain categories of ethnological material from the Ottoman and early Husseinite periods, ranging in date from approximately A.D. 1574 to 1881. A list of the categories of archaeological and ethnological material subject to the import restrictions is set forth later in this document. <HD SOURCE="HD1">Restrictions and Amendment to the Regulations</HD> In accordance with the Agreement, importation of material designated below is subject to the restrictions of 19 U.S.C. 2606 and 19 CFR 12.104g(a) and will be restricted from entry into the United States unless the conditions set forth in 19 U.S.C. 2606 and 19 CFR 12.104c are met. CBP is amending 19 CFR 12.104g(a) to indicate that these import restrictions have been imposed. Import restrictions listed at 19 CFR 12.104g(a) are effective for no more than five years beginning on the date on which an agreement enters into force with respect to the United States. This period may be extended for additional periods of not more than five years if it is determined that the factors which justified the agreement still pertain and no cause for suspension of the agreement exists. Therefore, the import restrictions will expire on February 6, 2029, unless extended. <HD SOURCE="HD1">Designated List of Archaeological and Ethnological Material of Tunisia</HD> The Agreement between the United States and Tunisia includes, but is not limited to, the categories of objects described in the Designated List set forth below. Importation of material on this list is restricted unless the material is accompanied by documentation certifying that the material left Tunisia legally and not in violation of the export laws of Tunisia. The Designated List includes archaeological and ethnological material from Tunisia. The archaeological material in the Designated List includes, but is not limited to, objects made of stone, ceramic, metal, bone, ivory, shell and other organic materials, glass, faience, semi-precious stone, painting, plaster, wood, and textiles ranging in date from approximately 200,000 B.C. to A.D. 1750. The ethnological material in the Designated List includes, but is not limited to, architectural elements, manuscripts, and ceremonial, ritual, and funerary objects of the Islamic culture from the Ottoman and early Husseinite periods, ranging in date from approximately A.D. 1574 to 1881. This would exclude Jewish ceremonial or ritual objects. The Designated List is representative only. Any dates and dimensions are approximate. <HD SOURCE="HD1">Categories of Archaeological and Ethnological Material</HD> <FP SOURCE="FP-2">I. Archaeological Material</FP> <FP SOURCE="FP1-2">A. Stone</FP> <FP SOURCE="FP1-2">B. Ceramic</FP> <FP SOURCE="FP1-2">C. Metal</FP> <FP SOURCE="FP1-2">D. Bone, Ivory, Shell, and Other Organic Materials</FP> <FP SOURCE="FP1-2">E. Glass, Faience, and Semi-Precious Stone</FP> <FP SOURCE="FP1-2">F. Painting and Plaster</FP> <FP SOURCE="FP1-2">G. Textiles, Basketry, and Rope</FP> <FP SOURCE="FP1-2">H. Wood</FP> <FP SOURCE="FP-2">II. Ethnological Material</FP> <FP SOURCE="FP1-2">A. Stone</FP> <FP SOURCE="FP1-2">B. Metal</FP> <FP SOURCE="FP1-2">C. Ceramic and Clay</FP> <FP SOURCE="FP1-2">D. Wood</FP> <FP SOURCE="FP1-2">E. Bone, Ivory, and Shell</FP> <FP SOURCE="FP1-2">F. Glass and Semi-Precious Stone</FP> <FP SOURCE="FP1-2">G. Leather, Parchment, and Paper</FP> <FP SOURCE="FP1-2">H. Textiles</FP> <E T="03">Approximate chronology of well-known periods and sites:</E> <FP SOURCE="FP-1"> <E T="03">Paleolithic period</E> (c. 200,000-6000 B.C.): Bir Oum Ali, Chotts, El Akarit, El Mekta, Gafsa, Khanguet el Mouhaad, Redayef, Sidi Zin </FP> <FP SOURCE="FP-1"> <E T="03">Neolithic period</E> (c. 6000-1100 B.C.): Ain Khanfous, Dhraa Lassoued, Dougga, Djebibina, Ghomrassen, Jebel Ousselat </FP> <FP SOURCE="FP-1"> <E T="03">Phoenician/Punic period</E> (c. 1100-300 B.C.): Arg el Ghazouani, Carthage, Hadrumetum, Kerkouane, Utica </FP> <FP SOURCE="FP-1"> <E T="03">Numidian period</E> (c. 300-29 B.C.): Dougga, Chemtou (Simittus), Ellès (Ulules), Hammam Zouakra (Thigibba), Henchir Bourgou, Makthar (Mactaris) </FP> <FP SOURC ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 38k characters. Full document text is stored and available for version comparison. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━