The U.S. Department of Homeland Security, through U.S. Customs and Border Protection (CBP), has finalized a rule extending import restrictions on certain archaeological and ethnological materials from Morocco. Effective January 14, 2026, the extension prolongs these protections through January 14, 2031, building on a 2021 bilateral agreement. This measure implements the Convention on Cultural Property Implementation Act (CPIA), which enforces the 1970 UNESCO Convention to prevent illicit trade in cultural artifacts. The rule amends 19 CFR Part 12, reflecting diplomatic notes exchanged between the U.S. and Morocco, and includes a clarification to the designated list of restricted items. This development underscores ongoing international efforts to safeguard Morocco's rich cultural heritage amid global concerns over looting and trafficking.
Background on the Agreement and Legal Framework
The restrictions stem from the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, which the U.S. implemented via the CPIA (Public Law 97-446, 19 U.S.C. 2601 et seq.). Under the CPIA, the U.S. can enter bilateral agreements with other nations to impose import controls on eligible cultural materials at risk of pillage.
In January 2021, the U.S. and Morocco signed a Memorandum of Understanding (MOU) imposing restrictions on archaeological material dating from approximately 1 million B.C. to A.D. 1750, and ethnological material from the Saadian and Alaouite dynasties (approximately A.D. 1549 to 1912). CBP formalized this in Decision 21-02, published in the Federal Register on January 22, 2021 (86 FR 6561), amending 19 CFR 12.104g(a) to list designated categories. These include items like stone mosaics, ceramic vessels, metal statuary, and wooden architectural elements, excluding Jewish ceremonial objects.
The CPIA limits initial restrictions to five years, with extensions possible if the original justifying factors—such as ongoing threats to cultural heritage—persist (19 U.S.C. 2602(e)). Morocco's archaeological sites, from Paleolithic caves like Taforalt to Islamic cities like Fez and Marrakesh, face risks from looting, driven by global demand for artifacts. Key players include the U.S. Department of State, which handles diplomatic negotiations, and CBP, responsible for enforcement at ports. The Cultural Property Advisory Committee (CPAC), an expert panel advising the State Department, reviewed the extension, with the Acting Assistant Secretary for Educational and Cultural Affairs approving it on August 7, 2025.
The Extension Process and Key Determinations
The extension process began with a State Department proposal on December 30, 2024 (89 FR 106724), inviting public input. Following CPAC's recommendations, the State Department determined that Morocco's cultural heritage remains jeopardized by pillage, that import restrictions continue to deter serious threats, and that such measures align with international efforts under the UNESCO Convention.
Diplomatic notes exchanged between the U.S. and Morocco formalized the five-year extension. CBP's final rule, documented as Decision 26-02 (RIN 1685-AA39), bypasses notice-and-comment procedures due to its foreign affairs function, as permitted under 5 U.S.C. 553(a)(1). This approach mirrors extensions for other countries, such as the 2023 renewal for Egypt or the 2024 extension for Greece, where similar CPIA processes ensured continuity without procedural delays.
W. Richmond Beevers, Chief of CBP's Cargo Security, Carriers and Restricted Merchandise Branch, is listed for legal inquiries, while Queena Fan, Director of the Interagency Collaboration Division, handles operational aspects. The rule emphasizes that imports remain restricted unless accompanied by documentation proving legal export from Morocco, per 19 U.S.C. 2606 and 19 CFR 12.104c.
Revisions to the Designated List
A notable update in the extension is a clarification to the designated list of restricted materials, available on the State Department's website. In the ethnological category under 'Wood,' the subcategory previously limited to 'writing implements' has been broadened to 'writing materials.' This revision explicitly includes 'inscribed wooden tablets' used for record-keeping, contracts, or Islamic study, such as alwah or arraten in Amazigh tradition. These tablets, ranging from 10 to 50 cm in length and inscribed in Arabic ink, were inadvertently narrowed in the 2021 list.
The full designated list remains comprehensive, covering archaeological items like Paleolithic tools from sites such as Jebel Irhoud and Islamic-period ceramics from Volubilis, as well as ethnological objects like mosque lamps and Koranic manuscripts. This adjustment ensures more precise enforcement, addressing potential loopholes without expanding the overall scope.
Implications and Perspectives
Short-term implications include strengthened border controls, potentially reducing the influx of illicit Moroccan artifacts into the U.S. market. Importers must now verify provenance more rigorously, aligning with global trends like the EU's 2019 regulations on cultural goods imports. For Morocco, this supports domestic preservation efforts, as evidenced by its participation in UNESCO initiatives.
Long-term, the extension could foster bilateral cooperation, including joint training programs or repatriation agreements, similar to U.S.-Italy efforts that have returned thousands of artifacts. However, perspectives differ: Cultural heritage advocates, including UNESCO and Moroccan officials, view restrictions as essential for protecting national identity against black-market trafficking. In contrast, some art dealers and collectors argue that such measures hinder legitimate trade and academic exchange, potentially driving markets underground, as noted in critiques from organizations like the Global Heritage Alliance.
Legal precedents, such as the U.S. Supreme Court's ruling in United States v. Schultz (2002), affirm that knowingly importing restricted cultural property constitutes theft under the National Stolen Property Act. This bolsters enforcement but raises debates on balancing preservation with free trade.
In summary, this extension reinforces U.S. commitments under international law while addressing ongoing risks to Morocco's heritage. Potential next steps include monitoring compliance through CBP audits and possible further extensions if threats persist. Ongoing debates may focus on enhancing digital provenance tracking or expanding educational outreach to prevent looting, ensuring a trajectory toward sustainable cultural protection without definitive predictions on future outcomes.
