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Agreement between the Government of Canada and the Government of the United States of America concerning the Imposition of Import Restrictions on Certain Categories of Archaeological and Ethnological Material [1997] CATSer 10 (10 April 1997)

E100789 - CTS 1997 No. 8

AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA CONCERNING THE IMPOSITION OF IMPORT RESTRICTIONS ON CERTAIN CATEGORIES OF ARCHAEOLOGICAL AND ETHNOLOGICAL MATERIAL

The Government of Canada and the Government of the United States of America;

Recognizing the rich cultural heritage which both countries share and from which both countries derive national pride;

Acting pursuant to the 1970 UNESCO 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 and ethnological material;

Have agreed as follows:

ARTICLE I

A. The Government of the United States of America, in accordance with its legislation entitled the Convention on Cultural Property Implementation Act, shall restrict the importation into the United States of, and take appropriate steps to recover within the United States, the archaeological and ethnological material listed in the Appendix to this Agreement (hereafter "Designated List") unless the Government of Canada issues a cultural property export permit or other documentation which certifies that such exportation was not in violation of its laws, as set forth in the Cultural Property Export and Import Act, and regulations. The Designated List forms an integral part of this Agreement.

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

C. Such import restrictions shall take effect on the date the Designated List is published in the U.S. Federal Register, the official United States Government publication providing fair public notice. The Government of the United States will inform the Government of Canada of the date on which such publication has taken place.

D. Such import restrictions shall apply to the following in Canada: Inuit (Eskimo) archaeological and ethnological material; Subarctic Indian ethnological material; Northwest Coast Indian archaeological and ethnological material; Plateau Indian archaeological material; Plains Indian ethnological material; and Woodlands Indian archaeological and ethnological material. Such import restrictions shall also apply to underwater archaeological material found at historic shipwrecks and other underwater historic sites in the inland waters of Canada as well as the Canadian territorial waters of the Atlantic, Pacific and Arctic Oceans, and the Great Lakes.

E. Such import restrictions shall apply only to archaeological and ethnological material subject to control by Canada's Cultural Property Export and Import Act and subject to the definitions for such material as set forth in the United States' Convention on Cultural Property Implementation Act.

F. Such import restrictions are not intended by either Government to impede the traditional cross-border movement of cultural objects for the purposes of ongoing communal activities of the Aboriginal or Native groups of both countries.

ARTICLE II

A. The Government of Canada shall take reasonable steps to prohibit the import into Canada of material originating in the United States consisting of archaeological resources (as defined by the Archaeological Resources Protection Act of 1979, as amended (16 U.S.C. 470aa-mm)), cultural items (as defined by the Native American Graves Protection and Repatriation Act of 1990 (25 U.S.C. 3001- 3013)), and archaeological items recovered from shipwrecks (as defined by the Abandoned Shipwreck Act of 1987 (43 U.S.C. 2101 et seq.)), that have been illegally removed from the United States; and, upon request, shall facilitate recovery by the Government of the United States in the event such archaeological resources and cultural items are found to have illicitly entered Canada.

B. Nothing in this Agreement shall displace any remedies otherwise available under Canadian law to a claimant to obtain the return of its cultural property.

ARTICLE III

A. The Government of Canada shall use its best efforts to permit the temporary exchange of the protected archaeological and ethnological materials under circumstances in which such exchange does not jeopardize its cultural patrimony.

B. Both Governments, through appropriate channels, shall seek to encourage academic institutions, non-governmental institutions and other private organizations to cooperate in the exchange of knowledge and information about the archaeological and ethnological material of both countries and to collaborate, as appropriate, in the preservation and protection of such cultural patrimony.

C. The Government of the United States and the Government of Canada shall use their best efforts to further the protection and preservation of archaeological and ethnological materials in both countries through other instruments between governmental agencies having appropriate regulatory and enforcement responsibilities.

D. Representatives of both Governments shall participate in joint efforts to encourage the exchange of knowledge and information about archaeological and ethnological materials through professional exchanges, technical assistance, training and public outreach.

ARTICLE IV

The implementation of this Agreement by both Governments shall be subject to the laws and regulations of each Government, as applicable, including those concerning the availability of funds.

ARTICLE V

A. This Agreement shall enter into force upon signature. It shall remain in force for five years, unless extended by mutual agreement of both Governments.

B. This Agreement may be amended by agreement of both Governments through an exchange of diplomatic notes.

C. Either Government may give written notice to the other of its intention to terminate this Agreement, in which case the Agreement shall terminate six (6) months following the date of such notice.

D. The implementation of this Agreement and its effectiveness shall be subject to appropriate consultations and continuous review by both Governments.

E. Each Government shall designate an Executive Agent or Competent Authority for this Agreement, provided that each Government may also communicate through diplomatic channels.

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

DONE at Washington, this tenth day of April, 1997, in the French and English languages, both texts being equally authentic.

Raymond Chrétien

FOR THE GOVERNMENT OF CANADA

Joseph Duffy

Anthony Wayne

FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA

APPENDIX

Designated List of Archaeological Artifacts and Ethnographic Material Culture of Canadian Origin Restricted from Importation into the United States of America

For the purposes of this list and in accordance with the United States' Cultural Property Implementation Act and Canada's Cultural Property Export and Import Act:

Definitions

"archaeological artifact" means an object made or worked by a person or persons and associated with historic or prehistoric cultures that is of cultural significance and at least 250 years old and normally discovered as a result of scientific excavation, clandestine or accidental digging, or exploration on land or under water.

"ethnographic material culture" means an object that was made, reworked or adapted for use by a person who is an Aboriginal person of Canada (e.g. the product of a tribal or non-industrial society), is of ethnological interest and is important to the cultural heritage of a people because of its distinctive characteristics, comparative rarity, or its contribution to the knowledge of the origins, development or history of that people. The terms "ethnographic material culture" and "ethnological material" are used interchangeably.

"Aboriginal Person of Canada" means a person of Indian or Inuit ancestry, including a Métis person, or a person recognized as being a member of an Indian, Inuit or Métis group by the other members of that group, who at any time ordinarily resided in the territory that is now Canada.

General Restrictions

Pursuant to Canada's Cultural Property Export and Import Act, certain archaeological artifacts and ethnographic material are subject to export control. Export permits are available at designated offices of Canada Customs. Information about export controls is available from Movable Cultural Property, Department of Canadian Heritage, by telephone at 819-997-7761.

In the absence of export permits where required, United States import restrictions will apply to the following Aboriginal cultural groups in Canada: Inuit (Eskimo) archaeological and ethnological material; Subarctic Indian ethnological material; Northwest Coast Indian archaeological and ethnological material; Plateau Indian archaeological material; Plains Indian ethnological material; and Woodlands Indian archaeological and ethnological material. Such import restrictions will also apply to underwater archaeological material found at historic shipwrecks and other underwater historic sites in the inland waters of Canada as well as the Canadian territorial waters of the Atlantic, Pacific and Arctic Oceans, and the Great Lakes.

Below are representative lists, subject to amendment, of objects covered by these import restrictions.

Ethnographic Material Culture

Below is a representative list, subject to amendment, of objects of ethnographic material culture, organized by primary type of material used to make the object.

In accordance with Canadian law, restrictions only apply to ethnological material listed below which was made, reworked or adapted for use by an Aboriginal person of Canada who is no longer living, which is greater than 50 years old, and which has a fair market value in Canada of more than $3,000 (Canadian).

Ethnographic material from the following Aboriginal cultural groups is included in this list and is subject to United States import restrictions: Inuit (Eskimo); Subarctic Indian; Northwest Coast Indian, Plains Indian; and Woodlands Indian.

Ethnographic material from the following cultural group is excluded from this list and is not subject to United States import restrictions: Plateau Indian.

I. Animal and Bird Skins (Hide), Fur and Feathers

A. Hunting and fishing equipment

Quivers (arrow cases)
Rifle scabbards/holsters and bandoliers (ammunition belts)
Kayaks, canoes and other boats made of skin or hide

B. Horse trappings

Saddle bags and throws, blankets, etc.

C. Clothing (often decorated with beads, buttons, hair, fur, shells, animal teeth, coloured porcupine quills)

Belts, dresses, jackets, leggings, moccasins, robes, shirts, vests, parkas
Yokes, beaded
Headdresses, decorated with feathers, hair, fur, and/or horn
Ornaments, jewelry and other accessories (including necklaces often with hide-covered stone)

D. Other sewn objects

Cradle boards and covers
Bags, pouches
Rugs
Tipi covers (with or without paint or other decoration)

E. Skins with applied writing, drawing, or painted decoration, design or figures

F. Musical instruments

Drums

G. Prepared skins of birds and mammals used in sacred bundles or as wrappings

H. Parfleches (all-purpose hide containers, folded and/or sewn, with or without painted or other applied decoration)

II. Wood, Bark, Roots, Seeds

A. Weapons and hunting equipment

Tomahawks
Snowshoes
Clubs
Sheathes for knives
Paddles
Canoes and other boats (carved wood, birchbark)

B. Containers

Baskets, pouches, bags, mats
Boxes and chests (bark, root, wood), often elaborately carved or painted

C. Domestic utensils and tools

Bowls
Spoons, ladles
Trays
Spindle whorls (small, usually circular flywheels to regulate textile or other spinning)
Adzes (axe-like tool for trimming and smoothing wood) and other woodworking tools
Bark beaters
Mat creasers

D. Furniture

Chairs, backrests, settees (seat or small bench with back)
Mats

E. Carved models

Animal and human figurines
Miniature canoes and totem poles

F. Toys, dolls and games

G. Musical instruments

Drums
Whistles, flutes, recorders
Rattles, sometimes elaborately carved in animal or human form and painted or otherwise decorated

H. Ornaments and accessories

Pendants, chains and other jewelry
Combs
Birchbark belts

I. Hats (spruce root, wood, bark, woven grass)

J. Ceremonial objects

Pipes and pipestems
Masks and headdresses (wood or cornhusk, often complexly carved and painted, usually resembling animals, or human faces, sometimes contorted)
Rattles (see description above in G.)
Bowls
Staffs, standards (ceremonial poles, in some cases used to support banners or flags)
Birchbark scrolls with carved pictographic designs or figures

K. Totem poles, house posts and wall panels (usually carved and/or painted)

III. Bone, Tooth, Shell, Horn, Ivory, Antler (items made from, or decorated with)

A. Carved hunting and fishing equipment (such as carved bow handles)

B. Weapons and tools

Clubs
Needles and sewing kits
Shuttles (small instrument containing a reel or spool or otherwise holding thread or other similar material during weaving or lace-making)

C. Carved figurines

Representations of people, fish, animals

D. Ornaments and other accessories

Combs
Beads and pendants
Snow goggles and visors

E. Ceremonial objects

Masks (see description in II J.)
Amulets and charms

F. Miniatures and game pieces (including cribbage boards)

G. Pipes

H. Musical instruments

Whistles

IV. Stone, Argillite Stone, Amber

A. Hunting and fishing equipment

Bola and bola weight (weapon consisting of long cord or thong with stone balls at the end)
Blubber pounder
Harpoon head
Net weights
Toggles (rod, pin or bolt used with rope to tighten it, to make an attachment or prevent slipping)

B. Tools

Snow knives
Ulus (crescent-shaped knife with small handle on side)

C. Domestic utensils

Plates, platters, bowls
Lamps (bowl or trough-shaped) and wick trimmers
Boxes
Hearthstone

D. Ornaments and other accessories

Especially incised pendants

E. Ceremonial objects

Masks
Seated human and animal figure bowls

F. Pipes

Argillite, catlinite and steatite, often ornately carved with animals and human designs

G. Carved figurines

Especially carved argillite figural groups and miniature totem poles

V. Porcupine Quills (items made from, or ornamented with)

A. Drinking tubes

B. Ornamentation for clothing and other sewn objects, usually coloured

VI. Textiles (cotton, wool, linen, canvas)

A. Decorated cloth panels and ceremonial dance curtains

B. Garments and accessories

Belts, dresses, hats/hoods, jackets, leggings, moccasins, robes, shirts, vests, aprons, tunics
Blankets or capes, often decorated with buttons, quillwork, beads, shells
Pouches and bags

C. Wrappings for ceremonial objects

D. Canvas tipis and tipi models

E. Woven blankets (including Chilkat blankets of woven mountain goat wool and cedar bark, with elaborate coloured designs)

VII. Metals (copper, iron, steel, gold, silver, bronze)

A. Weapons and shields

Daggers

B. Hunting and fishing equipment

Fishing lures

C. Tools

Snow knives
Ulus (see description under IV B.)

D. Clothing and hair ornaments

E. Ceremonial objects

Masks
Rattles, charms
Coppers (large flat copper plates with beaten or incised decoration)

VIII. Clay

A. Figurines (people, fish, animals)

B. Pipes

C. Pottery vessels and containers such as bowls or jars

IX. Beads (glass, clay, shell, bone, brass) (items decorated with)

A. Horse gear (bridles, saddle bags, decorative accessories)

B. Bags, pouches, parfleches (see description in I H.), and knife sheaths (decorative)

C. Clothing: belts, dresses, leggings, moccasins, shirts, vests, jackets, hoods, mantles/robes

D. Musical instruments Drums

E. Ceremonial/sacred amulets and objects

X. Hair (items decorated with, or made from human or animal hair)

Ornamentation used on clothing and other sewn objects, such as pouches, ceremonial objects.

Archaeological Artifacts

Below is a representational list, subject to amendment, of archaeological artifacts recovered from the soil of Canada, the territorial sea of Canada or the inland or other internal waters of Canada.

The Government of Canada, in accordance with Canadian law, will not restrict the export of archaeological artifacts recovered less than 75 years after their loss, concealment or abandonment. United States import restrictions, however, only will apply to archaeological material that is at least 250 years old.

Archaeological artifacts from the following Aboriginal cultural groups are included in this list and are subject to United States import restrictions: Inuit (Eskimo); Northwest Coast Indian; Plateau Indian; and Woodlands Indian. Also included in this list is non-Aborigina1 archaeological material from historic shipwrecks and other underwater historic sites.

Archaeological artifacts from the following Aboriginal cultural groups are excluded from this list and are not subject to United States import restrictions: Subarctic Indian, Plains Indian.

I. Aboriginal Archaeological Artifacts

A. Animal and bird skins (hide), fur and feathers

Quivers (arrow cases)
Kayaks, canoes and other boats made of skin or hide
Clothing, ornaments and other accessories
Bags, pouches
Drums

B. Wood, bark, roots, seeds

Snowshoes
Knives sheathes
Canoes and paddles (wood)
Containers (wood baskets, pouches, boxes, chests)
Domestic utensils (wood bowls, spoons, woodworking tools)
Carved models, toys and games
Musical instruments (wood drums, flutes, whistles, rattles)
Ceremonial objects (wood pipes, masks, rattles, bowls)

C. Bone, tooth. shell, horn, ivory, antler

Carved hunting and fishing equipment
Weapons and tools (clubs, needles, shuttles)
Carved figurines (representations of people, fish, animals)
Ornaments and other accessories (combs, beads and pendants, snow goggles and visors)
Masks and other ceremonial objects
Miniatures and game pieces (including cribbage boards)
Pipes
Whistles

D. Stone, argillite stone, amber

Hunting and fishing equipment (including harpoon or spear heads, net weights, toggles, bola weights)
Tools (snow knives and ulus - see description in Ethnological Material)
Plates, platters, bowls
Lamps (bowl or trough-shaped)
Boxes
Ornaments and other accessories
Masks
Pipes
Carved figurines

E. Porcupine quills (items made from or decorated with)

Drinking tubes
Ornamentation for clothing, usually coloured
Pouches, bags
Ceremonial objects

F. Textiles (wool, cotton, linen, canvas)

Garments (see description under Ethnological Material)
Blankets, often decorated with buttons, quillwork, beads, shells
Pouches, bags
Wrappings for ceremonial objects

G. Metals (copper, iron, steel, gold, silver, bronze)

Weapons and shields
Hunting and fishing equipment, including fishing lures
Tools (including snow knives and ulus - see description under Ethnological Material)
Clothing and hair ornaments
Ceremonial objects, especially coppers (see description under Ethnological Material)

H. Clay

Figurines (people, fish, animals)
Pipes
Pottery vessels and containers such as bowls or jars

I. Beads (glass, clay, shell, bone, brass) (items decorated with)

J. Hair (ornamentation of human or animal hair used on clothing and other sewn objects)

II. Non-Aboriginal Archaeological Artifacts: Historic Shipwrecks

A. General ship's parts (wood and metal)

Anchor
Wheel
Mast
Riggings (block and pulley; deadeye; lanyard)
Bell
Hull and fittings (rudder, keel, keelson, futtock, fasteners, iron supports)
Figurehead and other carved vessel decoration
Windlass and capstan (winches)
Wood of the ship
Furniture
Porthole
Ballast (pig iron) (metal weight carried to stabilize ship)
Pump assembly (plunger, working barrel, piston)
Riggings (cables)
Heating, lighting and plumbing fixtures

B. Navigational instruments

Compass
Astrolabe or sextant (instruments for calculation of navigation by stars)
Telescope
Nocturnal
Sounding leads
Cross staff or back staff
Dividers
Lanterns
Binnacle (the case enclosing a ship's compass)

C. Armaments

Cannon, carronade (type of short, light cannon), mortars
Cannonshot (balls, chair and bar)
Arms (guns, knives, pikes, cutlasses, scabbards, swords)
Gun carriage components
Musket shot (metal balls)
Bandoliers (cartridge straps)

D. Tools and wares

Carpenter's tools
Sail making tools
Rope making tools
Medicinal wares
Galley ware (cooking caldron, crockery, glassware, beverage bottles, cutlery, treen, stoves)
Caulker tools
Surgeon tools
Chaplain tools
Fishing supplies (lead sinkers, hooks, barrels, try works)
Cooper's tools
Blacksmith's tools

E. Ship's cargo

Raw metal (iron, copper, bronze, lead)
Wood
Ceramics
Glassware (fine glass decanters)
Trade beads
Containers (casks, baskets)
Stone (for building or ballast)

F. Personal goods found on ships

Jewelry (gold, silver, stone)
Coins
Gaming pieces (dice)
Buckles and buttons
Chests
Combs
Pipes
Religious items
Timepieces
Bedding, clothing and other textiles
Shoes