RES-2-32 OT:RR:BSTC:CCR H293025 AMW

Mr. Scott Pfeifer, LCB
Masterpiece International
1699 Wall Street, Suite 725
Mt. Prospect, IL 60056

RE: Restricted Merchandise; Archaeological and Ethnological Material from Republic of Mali; 19 U.S.C. § 2604; 19 U.S.C. § 2606; 19 U.S.C. § 2607; 19 C.F.R. § 12.104 et seq.

Dear Mr. Pfeifer:

This letter is in response to your December 4, 2017 ruling request and supporting documentation regarding the admissibility of 26 “loans” of medieval-era items excavated in the Republic of Mali. Our decision follows.

FACTS

The following facts are from your ruling request and the supporting information submitted on behalf of your client, Northwestern University, to this office on December 4, 2017, February 22, 2018, and March 16, 2018. The subject items are described as 26 “loans with the country of origin of Mali” that will be imported from the United Kingdom to the United States for display at a temporary museum exhibit at Northwestern University’s Mary & Leigh Block Museum of Art. You have indicated through follow-up communication that objects will be returned to Mali no later than January 31, 2021.

According to your submission, these “loans” consist entirely of medieval-era items excavated at the Essouk-Tadmekka site in Northern Mali between January and March 2005. Your submission further notes that the subject items include several objects that were originally created outside of Mali (e.g., “fragment of Qingbai vessel” from China) but were deposited in the country during the medieval period through trans-Saharan trade routes. In support of this assertion, you submitted an article written by Sam Nixon, the Essouk-Tadmekka site’s lead archaeologist, which describes the excavation of the subject items at the site through photographic and/or narrative descriptions of each item.

The subject items were originally exported from Mali to the United Kingdom in 2005 and 2006 after the Malian government granted the following export authorizations to Mr. Nixon, a United-Kingdom-based researcher: (1) Malian Export Permit For Archaeological Materials No. 0126/ISH (Apr. 5, 2005), and (2) Malian Export Permit for Archaeological Materials No. 0012/ISH (Jan. 6, 2006). Both export permits are printed on the letterhead of the Malian Ministry of Education’s Institut Des Sciences Humaines (“ISH”) and contain the signature and seal of the ISH’s director.

According to your request, the 26 “loans” are comprised of the following items:

 Fragment of Qingbai Vessel Tadmekka Eastern China 11-13th century Porcelain   Gold coin blank mold Tadmekka Mali 11th century   Decorative fittings Tadmekka Mali Copper alloy   Knife blade Tadmekka 14th century Iron   Key Tadmekka 10th-11th century Iron   Silk fragment Tadmekka China 14th century Silk   Glazed oil lamp Tadmekka Possibly North Africa 12th-13th century   Two high-fired unglazed vessel fragments Tadmekka North Africa 13th-14th century Ceramic with slip   Glazed lusterware vessel fragment Tadmekka North Africa or Spain 13th -14th century   Glazed vessel fragment Tadmekka North Africa or Middle East 10th-11th century   Two glazed cuerda seca ware fragments Tadmekka   Glazed vessel fragment Tadmekka North African or Middle East 10th-11th century   Two glazed vessel fragments Tadmekka North Africa or Middle East 10th-11th century   Cowrie shell (cypraea moneta) Tadmekka Indian Ocean 12th-14th century   Selection of glass beads Tadmekka Nigeria, Egypt, Syria   Selection of glass vessel fragments Tadmekka North Africa, Egypt, Syria   Make up applicator Tadmekka Possibly North Africa Copper alloy   Selection of terracotta pottery fragments Tadmekka   Selection of terracotta pottery fragments Tadmekka Niger Bend area 12th-13th century   Selection of terracotta pottery fragments Tadmekka Mali 8th-14th century   Torso (fragment of a figural sculpture) Tadmekka Possibly Middle Niger   Four silver coins Tadmekka Possibly North Africa 12th-14th century Silver   Gold coin blank mold Tadmekka Mali 11th century   Plant-based textile fragment Tadmekka 10th-11th century plant-based materials   Selection of worked and unworked semiprecious stones Jasper/bauxite debitage, agate, garnet, sandstone Tadmekka   Coin mold fragment Tadmekka Mali 11th century   Coin mold fragment Tadmekka Mali 11th century  

ISSUE

Whether the subject listed items are as archeological or ethnological and/or cultural materials prohibited from importation pursuant to 19 U.S.C. § 2606 and 19 C.F.R. §12.104a and § 12.104g.

LAW AND ANALYSIS

The Convention on Cultural Property Implementation Act (“CPIA”), 19 U.S.C. §§ 2601-2613, sets forth the law of the United States as it became a party to 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 (“UNESCO Convention”). U.S. Customs and Border Protection (“CBP”) regulations implementing the CPIA are set forth at 19 C.F.R. § 12.104 et seq. 19 U.S.C. § 2601 sets forth the definitions to be used in the statute. The relevant portion of this section provides, in pertinent part, that:

(2) The term “archaeological or ethnological material of the State Party” means-- (A) any object of archaeological interest; (B) any object of ethnological interest; or (C) any fragment or part of any object referred to in subparagraph (A) or (B);

which was first discovered within, and is subject to export control by, the State Party... [emphasis added]

(9) The term “State Party” means any nation which has ratified, accepted, or acceded to the Convention.

Under 19 U.S.C. § 2602, the President is further authorized to enter into a bilateral agreement with another State Party that requests protection of cultural property under the CPIA. After such an agreement is concluded, 19 U.S.C. § 2604 authorizes the U.S. government to, “promulgate (and when appropriate shall revise) a list of the archaeological or ethnological material of the State Party covered by the agreement….”

19 U.S.C. § 2606, furthermore, requires importers of archaeological or ethnological material to provide a valid export permit from the country of origin:

Documentation of lawful importation

No designated archaeological or ethnological material that is exported (whether or not such an exportation is to the United States) from the State Party after the designation of such material under section 2604 of this title may be imported into the United States unless the State Party issues a certification or other documentation which certifies that such exportation was not in violation of the laws of the State Party.

Mali is a State Party to the UNESCO Convention. On September 19, 1997, the United States entered into a bilateral agreement with the Republic of Mali to establish import restrictions on archaeological material from the region of the Niger River Valley and the Bandiagara Escarpment (Cliff) of Mali (“the Agreement”). Effective September 19, 2007, the United States and Republic of Mali amended the agreement to include archaeological material from throughout Mali dating from the Paleolithic Era to approximately the mid-eighteenth century. The Agreement includes a non-exhaustive Designated List of Archaeological Material (“Designated List”) that describes the items to which the Agreement’s restrictions apply as required by 19 U.S.C. § 2604. The Designated List includes, but is not limited to, “objects of ceramic, leather, metal, stone, glass, textiles, and wood.”

As a preliminary matter, you have provided sufficient documentation demonstrating that the subject items were excavated in the Republic of Mali and are, therefore, archaeological and ethnological material of Mali. In particular, you provided a document stating that the subject objects “were excavated at the site of Essouk-Tadmekka in Northern Mali in January, February, and March 2005 . . . The excavated objects were all checked and listed by the [ISH] in Mali.” To support this assertion, you also provided a 2009 article by Mr. Nixon, the excavation’s director, which references the excavation of the subject items at the Essouk-Tadmekka site, including those originally brought to Mali via medieval trade routes.

The subject items, which were excavated in Mali and comprise items made of ceramic, metal, stone, glass, and textiles, qualify as designated archaeological material from Mali that are protected under the Agreement. As a result, the CPIA prohibits the importation of the subject items unless they are accompanied by a valid Malian export permit. You have provided copies, as well as English-language translations, of two export permits issued by the Republic of Mali’s Ministry of Education. You also provided a document cross-referencing the subject items with their corresponding entries on these Malian export permits. Taken together, these documents provide satisfactory evidence that the subject items were legally exported from Mali.

HOLDING

Based on the foregoing, we find that the 26 subject “loans” were legally exported from the Republic of Mali. Therefore, the subject items would not be prohibited from importation pursuant to 19 U.S.C. § 2606, 19 C.F.R. § 12.104a, and § 12.104g.

Sincerely,

Lisa L. Burley
Chief/Supervisory Attorney-Advisor
Cargo Security, Carriers and Restricted Merchandise Branch
Office of Trade, Regulations and Rulings