EXTENSION AND AMENDMENT TO
THE MEMORANDUM OF UNDERSTANDING BETWEEN THE GOVERNMENT OF THE UNITED STATES OF
AMERICA AND THE GOVERNMENT OF THE REPUBLIC OF EL SALVADOR CONCERNING THE
IMPOSITION OF IMPORT RESTRICTIONS ON CERTAIN CATEGORIES OF ARCHAEOLOGICAL MATERIAL
FROM THE PRE-HISPANIC CULTURES OF THE REPUBLIC OF EL SALVADOR

(Effective
8 March 2005)

The Embassy of the United States of
America refers the Ministry of
Foreign Affairs of the Government of the Republic of El Salvador to the
Memorandum of Understanding Between the Government of the United States of
America and the Government of the Republic of El Salvador Concerning the
Imposition of Import Restrictions on Certain Categories of Archaeological
Material from the Prehispanic Cultures of the
Republic of El Salvador done at Washington March 8, 1995 (hereinafter referred
to as "the MOU") and subsequently extended for an additional
five-year period effective March 8, 2000.

The Embassy, on behalf of the
Department of State, proposes that, pursuant to Article IVA of the MOU, the MOU
be extended for an additional five-year period.  The Embassy, on behalf of the Department
of State, proposes further that, pursuant to Article IV B of the MOU, the MOU
be amended by replacing Article II with the attached Article II.

If the foregoing proposals are
acceptable to the Ministry of Foreign Affairs of the Government of the Republic
of El Salvador, the Embassy, on behalf of the Department of State, proposes
that this note, including the attached Article II, and the Government of the
Republic of El Salvador’s note in reply, shall constitute an agreement to
extend and amend the MOU, which shall enter into force on the date of your note
in reply and shall be effective March 8, 2005.

Attachment:

As stated.

Embassy of the United States of America

San Salvador, 7 March 2005

Article
II

A.        The
Government of the Republic of El Salvador will use its best efforts to
encourage long- and short-term loans, for research and scientific purposes, of
its archaeological materials under circumstances in which such exchange does
not jeopardize its cultural patrimony and when consistent with the
responsibilities of the National Council for Culture and Art (Concultura),
as carried out in accordance with the Special Law for the Protection of Cultural
Patrimony of El Salvador.

B.
The
governments of the United States of America and the Republic of El Salvador
will each endeavor to publicize and enforce this Memorandum of Understanding.

C.         The
Government of the United States of America will continue to use its best
efforts to facilitate technical assistance in cultural resource management and
security to El Salvador, as appropriate under existing programs in the public
and/or private sectors.

D.        Both
countries will seek to encourage academic institutions, non-governmental
institutions, and other private organizations to cooperate in the interchange
of knowledge and information about the cultural patrimony of El Salvador, and
to collaborate in the preservation and protection of such cultural patrimony
through appropriate technical assistance, training, and resources.

E.         The
Government of the Republic of El Salvador will use its best efforts to continue
with the systematic registration of cultural property as required by its law.

F.         Recognizing
the need to engage the public in the protection of the national cultural
heritage, the Government of the Republic of El Salvador will continue, and
strengthen where possible, its efforts to educate the public regarding the
importance of understanding and protecting archaeological sites, and the
obligation of citizens to know and comply with the laws that protect and
safeguard the cultural heritage.

G.         Recognizing
the benefits of intergovernmental and inter-institutional collaboration, the
Government of the Republic of El Salvador will continue to endeavor to
strengthen cooperation with international organizations and the other nations
of Central America, especially with immediately neighboring states, in
activities that foster the protection of the cultural patrimony of the region.

H.        The
Government of the Republic of El Salvador will use its best efforts to ensure
the enforcement of its laws against illicit export, to continue the
interdiction and prosecution of illicit exports of archaeological materials, to
gather and manage data on incidents of looting, and to maintain and make public
the records of arrests related to looters and the seizure of cultural property.

I.          The
Government of the Republic of El Salvador will use its best efforts to implement
and publicize its national archaeological research strategy, which takes into
account the interests, concerns, and priorities of the Government and its
cultural authorities.

J.          The
Government of the Republic of El Salvador will undertake to review, revise
where necessary, and publish a procedure by which qualified foreign
archaeologists and other scholars may apply for permission to undertake field
research in El Salvador, including explicit stipulation of any and all
Government requirements, obligations, and conditions that might attach to such
permissions.

K.        The
Government of the Republic of El Salvador will endeavor to become a Member
State of ICCROM [International Centre for the Study of the Preservation and
Restoration of Cultural Property], in order to contribute to and benefit
from the community of nations committed to the conservation of their cultural
heritage.

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Below is the Original El Salvador-US MOU: 60 Fed. Reg. 13352 (Mar. 10, 1995).

Memorandum
of Understanding between the Government of the United States of America and the
Government of the Republic of

El
Salvador Concerning the Imposition of Import Restrictions on Certain Categories
of Archaeological Material from the Pre-Hispanic Cultures of the Republic
of El Salvador

(Effective 10 March 1995)

The Government of the United States of America and the
Government of the Republic of El Salvador;

Acting pursuant to the 1970 Convention on the Means of Prohibiting and
Preventing the Illicit Import, Export and Transfer of Ownership of Cultural
Property, to which both countries are States Party; and

Desiring to reduce the incentive for pillage of certain categories of
irreplaceable archaeological material representing the prehispanic
cultures of El Salvador;

Have reached the following understanding:

ARTICLE I

A. The Government of the United States of America, in accordance with its
legislation entitled the Convention on Cultural Property Implementation Act,
will restrict the importation into the United States of the archaeological
material listed in the Appendix to this
Memorandum of Understanding (hereafter "Designated List") unless the
Government of the Republic of El Salvador issues a certification or other documentation
which certifies that such exportation was not in violation of its laws.

B. The Government of the United States of America shall offer for return to
the Government of the Republic of El Salvador any material on the Designated
List forfeited to the Government of the United States of America.

C. Such import restrictions will become effective on the date the Designated
List is published in the U.S. Federal Register, the official United
States Government publication providing fair public notice.

ARTICLE II

A. The Government of the Republic of El Salvador will use its best efforts
to permit the exchange of its archaeological materials under circumstances in
which such exchange does not jeopardize its cultural patrimony.

B. The representatives of the Government of the United States of America
will participate in joint efforts with representatives of the Government of the
Republic of El Salvador to publicize this Memorandum of Understanding.

C. The Government of the United States of America will use its best efforts
to facilitate technical assistance in cultural resource management and security
to El Salvador, as appropriate under existing programs in the public and/or
private sectors.

D. Both countries will seek to encourage academic institutions,
non-governmental institutions and other private organizations to cooperate in
the interchange of knowledge and information about the cultural patrimony of El
Salvador, and to collaborate in the preservation and protection of such
cultural patrimony through appropriate technical assistance, training, and
resources.

E. The Government of the Republic of El Salvador will use its best efforts
to effect, as soon as possible, final approval and promulgation of its
regulations to implement its 1993 Special Law for the Protection of the
Cultural Heritage, especially those related to the registration and export of
cultural property, and the granting of excavation permits; and will use its
best efforts to proceed expeditiously with the registration of cultural
property as required by its law.

F. The Government of the Republic of El Salvador will continue, and
strengthen where possible, its efforts to educate the public regarding its 1993
Special Law and the importance of protecting archaeological sites.

G. In order to reestablish public and scholarly access to the collections in
the "David J. Guzman" National Museum which suffered structural
damage during an earthquake, the Government of the Republic of El Salvador will
use its best efforts to reopen the Museum at the earliest practicable
time.

H. The Government of the Republic of El Salvador will endeavor to strengthen
cooperation within Central America, and especially with immediately neighboring
states, for the protection of the cultural patrimony of the region.

ARTICLE III

The obligations of both countries and the activities carried out under this
Memorandum of Understanding shall be subject to the applicable laws and
regulations of each country, including the availability of funds.

ARTICLE IV

A. This Memorandum of Understanding shall enter into force upon signature.
It shall remain in force for a period not to exceed five years, unless
extended.

B. This Memorandum of Understanding may be amended through an exchange of
diplomatic notes.

C. The effectiveness of this Memorandum of Understanding will be subject to
continuing review.

IN WITNESS WHEREOF, the undersigned, being duly authorized by their
respective Governments, have signed the present Memorandum of
Understanding.

DONE at Washington, this eighth day of March, 1995, in the English and Spanish languages,
both texts being equally authentic.

FOR THE GOVERNMENT OF

THE UNITED STATES OF AMERICA:

FOR THE GOVERNMENT OF THE

REPUBLIC OF  EL SALVADOR:

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Below is the Emergency Action for El Salvador: 52 Fed.
Reg. 34,614 (Sept. 11, 1987).

Import Restrictions on Archaeological Material From
El Salvador

Federal
Register Notice: September 11, 1987; 52(176):34614-34616

(Amended 1995, 2000, 2005)

DEPARTMENT OF THE TREASURY

Customs Service [T.D. 87-104]

AGENCY: U.S. Customs Service, Department of the Treasury.

ACTION: Notice of import restrictions.

SUMMARY: This document advises the public that in accordance with a request
from the Government of El Salvador, restrictions are being placed on the
importation of certain endangered archaeological material from El Salvador.
This action, which is being taken pursuant to the Convention on Cultural
Property Implementation Act and 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, and in cooperation with the U.S. Information
Agency, will assist El Salvador in protecting its cultural
patrimony.

EFFECTIVE DATE: September 11, 1987.

FOR FURTHER INFORMATION
CONTACT:

Legal aspects: Samuel Orandle, Entry Procedures and Penalties Division (202-
566-5765); Operational aspects: Louis Alfano,
Commercial Compliance Division (202-566-8651).

SUPPLEMENTARY INFORMATION:

Background

The value of cultural property, whether archaeological or ethnological in
nature, is immeasurable. Such items often constitute the very essence of a
society and convey important information concerning a people's origin, history,
and traditional setting. The importance and popularity of such items
regrettably makes them targets of theft, encourages clandestine looting of
archaeological sites, and accompanying illegal exporting and importing.

There has been growing concern in the U.S. regarding the need for protecting
endangered cultural property. The appearance in the U.S. of stolen or illegally
exported artifacts from other countries where there has been recent pillaging
has, on occasion, strained our foreign and cultural relations. This situation,
combined with the concerns of the museum, archaeological, and scholarly
communities, was recognized by the President and Congress. It became apparent
that it was in the national interest for the U.S. to join with other countries
to control illegal trafficking of such articles in international
commerce.

The U.S. joined international efforts and actively participated in
deliberations resulting in the 1970 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)). U.S.
acceptance of the 1970 UNESCO Convention was 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 spirit of the Convention
was enacted into law to promote U.S. leadership in achieving greater
international cooperation towards preserving cultural treasures that are of
importance not only to the nations whence they originate, but also to greater
international understanding of mankind's common heritage. In 1983, the U.S.
became the first major art importing country to implement the 1970
Convention.

It was with these goals in mind that Customs issued interim regulations to
carry out the policies of the Act. The interim regulations, which were set
forth in Sec. 12.104, Customs Regulations (19 CFR
12.104), were published in the Federal Register as T.D.
85-107 on June 25, 1985 (50 FR 26193), and took effect immediately. After
consideration of comments received on the interim regulations, final
regulations were issued as T.D. 86-52, published in
the Federal Register on February 27, 1986 (51 FR 6905), and took effect
on March 31, 1986.

El Salvador

Under section 303(a)(3) of the Cultural Property Implementation Act (19 U.S.C. 2602(a)(3)), the Government of El Salvador, a State
Party to the 1970 UNESCO Convention, requested the U.S. Government to impose
import restrictions on certain endangered archaeological material to assist El
Salvador in protecting its cultural patrimony. Notice of receipt of the request
was published by the U.S. Information Agency (USIA)
in the Federal Register on April 8, 1987 (52 FR 11414).

On April 21, 1987, the request was referred to the Cultural Property
Advisory Committee, which conducted a review and investigation, and submitted
its report in accordance with the provisions of 19 U.S.C.
2605(f) to the Deputy Director, USIA, on July 16,
1987. The Committee found the situation in El Salvador to be an emergency and
recommended that the U.S. Government impose emergency import restrictions. The
Deputy Director, pursuant to the authority vested in him under Executive Order
12555 and USIA Delegation Order 86-3, considered the
Committee's recommendations and made his determination that emergency import
restrictions be applied.

The Commissioner of Customs, in consultation with the Deputy Director of the
USIA, has drawn up a list of covered archaeological
material from the Cara Sucia archaeological region in
El Salvador. The materials on the list are subject to the 1970 UNESCO
Convention and Sec. 12.104, Customs Regulations. As provided in 19 U.S.C. 2601 et seq., and Sec. 12.104a, Customs Regulations,
listed material from this region may not be imported into the U.S. unless
accompanied by documentation certifying that the material left El Salvador
legally and not in violation of the laws of El Salvador.

In the event an importer cannot produce the certificate, documentation, or
evidence required in Sec. 12.104c, Customs Regulations, at the time of making
entry, Sec. 12.104d provides that the district director of Customs shall take
custody of the material until the certificate, documentation, or evidence is
presented. Section 12.104e provides that if the importer states in writing that
he will not attempt to secure the required certificate, documentation, or
evidence, or the importer does not present the required certificate,
documentation, or evidence to Customs within the time provided, the material
shall be seized and summarily forfeited to the U.S. in accordance with the
provisions of Part 162, Customs Regulations (19 CFR
Part 162).

Illustrative List of Categories of Prehispanic Archaeological Objects From the Cara Sucia Archaeological Region

The following descriptions are illustrative and representative but are not
intended to be exhaustive or restrictively typical.

Ceramic Vessels

Miniature bottles, bowls,
jars, flasks of fine clay, cream to brown colored, sometimes with
stamped or carved designs, measuring 2 to 3 inches in height.

Bowls: Low, open vessels in a
variety of styles and colors usually 4 to 10 inches in diameter and 4 and
5 inches in height. Styles include:

--Arambala polychrome, reddish brown to brown color,
with glyphic and/or animal motifs and bands;

--Salinitas polychrome, streaky cream to orange
colored with black bands and designs such as spirals and animals;

--Usulutan style, a "negative" decorative
technique with light color lines on a darker background; often colored cream
and orange to light brown;

--Delirio bichrome, red
design on a cream surface;

--Olocuilta monochrome, bright orange with traces of
paint;

--Lolotique monochrome, dull red decorated with
finely incised lines;

--Pinos monochrome, black-brown surface usually
weathered to matte appearance, fine to coarsely incised design that may have a
dull red pigment rubbed in;

--Santa Tecla monochrome, dull red sometimes with
faceted shoulder.

Jars: Vessels with
neck and narrow opening, sometimes with handles, usually measuring 7 to 9
inches in height. Styles include:

--Guarumal bichrome, white
dots on orange-red background;

--Usulutan style, a "negative" decorative technique,
with light color lines on a darker background; often colored cream and orange
to light brown;

--Plumbate monochrome, lead grey to orange colored
with metallic sheen, sometimes with effigy appliques;
when tapped has a distinct ring.

Effigy Vessels:
Vessels fashioned to resemble human, animal or natural forms; usually
orange, red or brown colored and 7 and 8 inches in height.

Vases: Vessels with
straight or shaped sides, sometimes stuccoed,
usually 6 to 9 inches in height. Styles include:

--Incised or molded cylindrical vase, orange to brown in color, sometimes
decorated with carved geometric or naturalistic designs depicting ceremonial
scenes or monkeys on cream panels;

--Nicoya polychrome "lamp chimney" vase, white background with red,
black and orange designs and black "step scrolls." Also frequently
found as simple bowls with effigy supports;

--Pear-shaped with ring base with designs in blue, yellow and red; may be stuccoed;

--Tiquisate, round-bottomed vase, colored cream to
orange with incised designs carved on panels on each side of vase.

Plates: Made with
tripod feet or low vase, usually reddish brown or orange colored. May have
painted symbolic designs in red, orange, black, blue or white of human or
animal figures. Plates are usually no larger than 15 inches in
diameter.

Censers: Ladle censers
with oversized handle ("frying pan" shaped) with orange or
brick-red surfaces. They measure usually a little over 14 inches in
length.

Ceramic Figurines

Figurines: Made from
clay, often hollow and shaped like a bell, depicting human forms (often
women elaborately adorned with headdresses and earplugs, sometimes with
child in arms) or animal forms (dogs, monkeys, bats, toads, birds). Often
beige to reddish brown color, sometimes with traces of colored paint.
Small in size, usually under 12 inches in height. May be hand molded or
made from a mold.

Whistles and flutes: Hollow
clay figures, beige to brown color, shaped as animals such as birds,
jaguars, dogs, or marsupials, and combining in some cases, human
features.

Molds: Used to produce
figurines, often show press marks and finger drags; usually brick-red in
color and coarsely textured.

Other Ceramic Objects

Drums: Open at the top
and bottom, black-brown to orange in color and sometimes incised with a
medallion design; usually 8 inches in height.

Effigies: Objects
fashioned to resemble natural, animal or human forms, including mushrooms,
usually orange, red or brown colored and 7 to 8 inches in height.

Stamp seals: Seals
designed to resemble animals (birds, reptiles, monkeys, insects) or
geometric motifs; has a short spike handle on back; small in size
measuring 2 x 2 inches.

Stone Sculpture

Basalmo
"death" sculpture depicting a human figure with closed eyes
crouching, carved from grey igneous stone; usually 12 inches in
height.

"Hachas,"
or flat stones resembling a human or animal head in profile, usually 12
inches in height.

Relief panel resembling a
jaguar head carved in relief from grey igneous stone, measuring 24 inches
by 24 inches in size.

Dated: September 4, 1987.

Michael H. Lane,

Acting Commissioner of Customs.

[FR Doc. 87-20905 Filed 9-10-87; 9:43 am]

BILLING CODE 4820-02-M