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Bolivia

U.S. Protection of Archaeological and Ethnological Materials

I. U.S. and Bolivian Actions
II. Background
III. Categories of Artifacts Subject to Import Restriction

IV. Import Regulations
V. For More Information

I. U.S. and Bolivian Actions

  • On December 4, 2006, the Memorandum of Understanding between the United States and Bolivia was extended for an additional five-year term. At a ceremony in La Paz jointly hosted by the U.S. Embassy and the Bolivian Vice-Ministry of Culture on January 10, 2007, officials from both countries affirmed this MOU and renewed their commitment to its success in protecting pre-Columbian archaeological materials and Colonial and Republican-era ethnological materials from Bolivia.

    In remarks at the ceremony, U.S. Ambassador Philip S. Goldberg (shown seated, at the microphone), described the MOU as "an important tool to support our combined efforts to stop illicit trafficking of cultural patrimony." Reducing the loss of heritage through looting and ilicit export "can be addressed only through cooperation between countries," he said.

    Ambassador Goldberg noted that the United States "supports the protection of cultural patrimony through various initiatives around the globe," and he cited the Ambassador's Fund for Cultural Preservation as an example. Through the Ambassador's Fund, the U.S. Embassy in La Paz has supported several projects in Bolivia, including acquisition of electronic equipment for use in creating an inventory of ecclesiastical objects in Bolivian churches, conservation of 45 colonial paintings in Oruro, preventive conservation in a museum in Pando, and the protection of an archaeological site within the Chiripa community, near Lake Titicaca.

    Bolivia was represented at the ceremony by Vice-Minister of Culture Edgar Arandia (to the Ambassador's left) and by Alejandro Machicao (to Mr. Arandia's left), director of culture at the Bolivian Foreign Ministry. Both men delivered brief remarks, with Arandia praising the U.S.-Bolivian partnership and urging continued U.S. training and support for cultural preservation efforts in Bolivia.

  • On December 4, 2001, the U.S. and Bolivia signed a Memorandum of Understanding (MOU) to impose import restrictions on pre-Columbian archaeological artifacts and Colonial and Republican ethnological materials. At the signing ceremony on December 4, 2001, Minister Gustavo Fernández Saavedra of Bolivia recalled that, "Some years ago, the Embassy of Bolivia in the United States carried out a demarche that was ultimately successful. The purpose of this effort was to regain possession of some textiles that originated in one of the oldest cultures of my country. We lacked the legal basis at that time to protect our cultural heritage. We do, however, have that legal basis now. And I want to express my appreciation to all the members of the Department of State who have worked to make that a reality." In her statement at the signing ceremony, Under Secretary of State for Public Diplomacy and Public Affairs Charlotte L. Beers said, "Bolivia's heritage is integral to the heritage of all the Americas, making it incumbent on us to protect for future generations a cultural legacy in which we all share and for which we are all stewards."

  • On March 14, 1989, the U.S. placed emergency import restrictions on antique Aymara textiles from Coroma. On May 5, 1993, the emergency import restriction was extended for an additional three years. The restriction has expired, but other laws may be applicable in their recovery should there be future unauthorized movement of these textiles into the United States.

II. Background

U.S. actions were in response to requests from the Government of Bolivia 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.

With respect to the 2001 agreement, it was found that the Pre-Columbian culture of Bolivia achieved a high degree of technological, agricultural, and artistic achievement but the culture as a whole remains poorly understood. Furthermore, it was found that the archaeological sites and materials necessary to reconstruct the early history of Bolivian culture are in jeopardy from pillage. The pillage is widespread, on-going, and systematically destroying the non-renewable archaeological record of Bolivia. Colonial and Republican period ethnological materials were also found to be subject to pillage. These objects play an essential and irreplaceable role in indigenous Bolivian communities: they are vested with symbolic and historic meaning and used in many ceremonial and ritual practices. In many cases these objects serve as testimony to the continuation of Pre-Columbian cultural elements despite European political domination, they form an emblem of national pride in a society that is largely indigenous.

With respect to the 1989 emergency action to protect Aymara textiles, it was found that the United States was a major market for textiles--a market that stimulated the illicit taking and export of nearly half of Coroma's antique textiles in the 1980's. For almost a decade dealers traveled to Coroma and, through middlemen, acquired and exported the textiles in violation of Bolivia's export and ownership laws. The Bolivian middlemen were prosecuted and the community elders have taken strong steps against local citizens involved in the theft and illicit transport of the textiles. Coroma's elders have issued pleas to U.S. collectors and museums not to acquire their ancestral textiles and to return those already acquired. Two major repatriations have occurred.

III. Categories of Artifacts Subject to Import Restriction

A. 2001 Agreement

A complete list is published in the Federal Register notice of December 7, 2001. The Bolivia Image Collection illustrates the list.

Restricted archaeological materials range in date from approximately 10,000 B.C. to A.D. 1532, and include objects comprised of ceramics, textiles and featherwork, metals, stone, shell, human remains, bone, wood and basketry.

Restricted ethnological materials range in date from A.D. 1533 to 1900 (Colonial and Republican Periods), and include 1) objects of indigenous manufacture and ritual use related to the pre-Columbian past, and may include masks, wood, musical instruments, textiles, featherwork, ceramics; and 2) objects used for rituals and religious ceremonies including Colonial religious art, such as paintings and sculpture, reliquaries, altars, altar objects, and liturgical vestments.

B. 1989 Emergency Action (Expired)

A complete list is published in the Federal Register notice of March 14, 1989.

Restricted materials date from before 1500 to approximately 1850 A.D. Categories include textile garments resembling tunics, ponchos, capes, kerchiefs and shawls woven from the hair of the alpaca, vicuna and other animals.

Antique textiles of Coroma are the product of the Aymara culture which pre-dates the arrival of the Incas to the Andean region. Very soft in texture and simple in design, the textiles contain woven messages and codes recording community events and concerns. Handed down from generation to generation, some dating from the 15th century, the garments are held communally and revered as symbols of humanity. They continue to play a prominent role in the social, political, economic and religious lives of the people of Coroma.

IV. Import Regulations

A. 2001 Agreement

Objects listed in the Federal Register notice may enter the U.S. if they have an export permit issued by Bolivia or verifiable documentation that they left Bolivia prior to the effective date of the restriction: December 7, 2001.

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.

B. 1989 Emergency Action

The restriction expired on May 5, 1996.

Notice of the U.S. restriction and a descriptive list of the textiles were published in the March 14, 1989, Federal Register.

Although the import restriction expired, unauthorized removal and transport of the Coroma textiles into the U.S. may be cause for invoking Section 308 (Articles of Stolen Cultural Property) of the Convention on the Cultural Property Implementation Act; each of the textiles is now photographed and documented.  

V. For More Information

United States
International Cultural Property Protection
Bolivia
Viceministerio de Cultura
Palacio Chico
Calle Ayacucho esquina Potosí
La Paz, Bolivia
Tel: +591 2 22 00 910 or +591 2 22 00 949
Fax: +591 2 22 00 948


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Revised: January 31, 2007
SELECT FROM THE FOLLOWING: 

Bolivia Image Collection

2006 Federal Register Notice on Extension of MOU

2006 Revised Article II (English) (Spanish)

2001 Agreement

2001 Federal Register Notice

1989 Federal Register Notice 

The Recovery of Aymara Textiles 

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