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U.S. Response:
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U.S. Protection of Archaeological and Ethnological Material

I. U.S. Actions
II. Background
III. Categories of Artifacts Subject to Import Restriction
IV. Import Regulations
V. For More Information

I. U.S. Actions

On May 7, 1990, the U.S took emergency action to impose import restrictions on Moche artifacts from the Sipan archaeological region of northern Peru.
On June 9, 1997, the U.S. and Peru signed a Memorandum of Understanding (MOU) placing import restrictions on pre-Columbian archaeological artifacts and Colonial ethnological materials from all areas of Peru. The MOU continues the import restrictions on Sipan archaeological material without interruption. The MOU was extended for a five-year period and amended effective June 9, 2002.

II. Background

These U.S. actions are in response to requests from the Government of Peru under Article 9 of the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property.

The rich accomplishments of ancient Peruvians make the cultures of the Andean region among the most important in the development of human civilizations of antiquity and Mesoamerica. Their achievements include the construction of city complexes; advances in metal alloy technologies; and the production of unequaled textiles and jewelry, as well as unique polychrome ceramic vessels and effigies. Over time, the systematic looting of archaeological sites in Peru and the removal of ethnological material important to the religious and social mores of indigenous populations have caused irreparable loss to history and traditional practices. This pillage is to meet the demands of U.S. and international trade in artifacts.

These actions by the United States are intended to reduce the incentive for pillage of Peruvian artifacts and offer the opportunity for Peru to further certain initiatives already underway to provide sustainable protection for Sipan and other archaeological complexes throughout the nation. The action also offers the opportunity to stabilize a serious situation of pillage and develop long-term solutions for the protection of this unique cultural heritage. The 1998 seizure and return of a gold Moche backflap and the 2000 seizure and return of a Spanish Colonial statue illustrate some of the possibilities for cooperation between the U.S. and Peru. By the same token, the recent discovery of unlooted Moche tombs by Christopher Donnan of UCLA illustrates the opportunity for developing a more complete understanding of the Moche culture when the archaeological context is retrieved intact.

III. Categories of Artifacts Subject to Import Restriction

A complete list is published in the Federal Register notice of June 11, 1997. The Peru Image Collection provides illustrations and descriptions of some categories of restricted objects.

Restricted archaeological objects date from c. 12,000 B.C. to A.D. 1532. Categories include: textile and feather objects; metal figurines, vessels, weapons, jewelry; ceramic vessels, figurines, beads; and bone, straw, wood, and cane artifacts.

Restricted ethnological objects date from the Colonial period (A.D. 1532-1821). Categories include: ecclesiastical clothing, painting, sculpture, wood and metal artifacts related directly to the pre-Columbian past and objects used for religious evangelism among indigenous peoples.

IV. Import Regulations

Objects listed in the Federal Register notice may enter the U.S. if they have an export permit issued by Peru or verifiable documentation that they left Peru prior to the effective date of the restriction; May 7, 1990, for pre-Columbian material from Sipan, and June 11, 1997, for pre-Columbian and Colonial materials from all areas of Peru.

Under the 1973 Pre-Columbian Monumental or Architectural Sculpture or Murals Statute, monumental or architectural sculpture or murals may be imported into the U.S. only with an export license issued by the country of origin or verifiable documentation that they left the country of origin prior to June 1, 1973.