[Federal Register Volume 67, Number 109 (Thursday, June 6, 2002)]
[Rules and Regulations]
[Pages 38877-38878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14219]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 12

[T.D. 02-30]
RIN 1515-AD12


Extension of Import Restrictions Imposed on Archaeological and 
Ethnological Materials From Peru

AGENCY: Customs Service, Treasury.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: In T.D. 97-50, the Customs Regulations were amended to reflect 
the imposition of import restrictions on certain archaeological and 
ethnological materials originating in Peru. These restrictions were 
imposed pursuant to an agreement between the United States and Peru 
that was entered into under the authority of the Convention on Cultural 
Property Implementation Act in accordance with the 1970 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. Recently, the Assistant 
Secretary for Educational and Cultural Affairs, United States 
Department of State, determined that conditions continue to warrant the 
imposition of these import restrictions for a period of five years from 
June 9, 2002. Thus, this document amends the Customs Regulations to 
reflect that the import restrictions continue. T.D. 97-50 contains the 
Designated List of Archaeological and Ethnological Materials that 
describes the articles to which the restrictions and this extension of 
restrictions apply.

EFFECTIVE DATE: This regulation becomes effective on June 6, 2002.

FOR FURTHER INFORMATION CONTACT: (Regulatory Aspects) Joseph Howard, 
Intellectual Property Rights Branch (202) 927-2336; (Operational 
Aspects) Al Morawski, Trade Operations (202) 927-0402.

SUPPLEMENTARY INFORMATION:

Background

    Pursuant to the provisions of the 1970 UNESCO Convention, 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 Act), the United 
States entered into a bilateral agreement with the Republic of Peru on 
June 9, 1997, concerning the imposition of import restrictions on 
certain pre-Columbian archaeological materials of Peru dating to the 
Colonial period and certain Colonial ethnological material from Peru. 
The U.S. Customs Service issued T.D. 97-50 (62 FR 31713, June 11, 1997) 
amending Sec. 12.104g(a) of the Customs Regulations (19 CFR 12.104g(a)) 
to reflect the imposition of these restrictions for a period of five 
years.
    Prior to the issuance of T.D. 97-50, Customs issued T.D. 90-37 (55 
FR 19029, May 7, 1990) imposing emergency import restrictions on 
certain archaeological materials of Peru from the Sipan Archaeological 
Region forming part of the remains of the Moche culture. Under T.D. 90-
37, Sec. 12.104g(b) (19 CFR 12.104g(b)) of the regulations pertaining 
to emergency restrictions was amended accordingly. This emergency 
protection was extended in T.D. 94-54 (59 FR 32902, June 27, 1994). 
Subsequently, the archaeological materials covered by T.D. 90-37 were 
subsumed in T.D. 97-50 when it was published in 1997, at which time the 
emergency restrictions of T.D. 90-37 (as extended by T.D. 94-54) were 
removed from Sec. 12.104g(b).
    On March 5, 2002, the Assistant Secretary of Educational and 
Cultural Affairs, Department of State, after considering the findings 
and recommendations of the Cultural Property Advisory Committee and 
concluding that the cultural heritage of Peru continues to be in 
jeopardy from pillage of the archaeological and ethnological materials 
subject of the import restrictions of T.D. 97-50, made the necessary 
determinations to extend the import restrictions for an additional five 
years (in the Determination to Extend the Memorandum of Understanding 
Between the United States of America and the Government of Peru 
Concerning the Imposition of Import Restrictions on Archaeological 
Material from the Prehispanic Cultures and Certain Ethnological 
Material from the Colonial Period of Peru, Signed on June 9, 1997). 
Accordingly, Customs is amending Sec. 12.104g(a) to reflect the 
extension of the import restrictions.
    The Designated List of Archaeological and Ethnological Materials 
from Peru describing the materials covered by these import restrictions 
is set forth in T.D. 97-50. The list and accompanying image database 
may also be found at the following internet Web site address: http://e.usia.gov/education/culprop.
    It is noted that the materials identified in T.D. 97-50 as 
``certain pre-Columbian archaeological materials of Peru dating to the 
Colonial period and certain Colonial ethnological material from Peru'' 
are referred to in the Determination to Extend as ``Archaeological 
Material from the Prehispanic Cultures and Certain Ethnological 
Material from the Colonial Period of Peru.'' The materials identified 
in T.D. 97-50 and those identified in the Determination to Extend are 
one and the same materials.
    The restrictions on the importation of these archaeological and 
ethnological materials from Peru are to continue in effect for five 
years from June 9, 2002. Importation of these materials continues to be 
restricted unless the conditions set forth in 19 U.S.C. 2606 and 19 CFR 
12.104c are met. For example, these materials may be permitted entry if 
accompanied by appropriate export certification issued by the 
Government of Peru, or documentation showing that exportation from Peru 
occurred on or before June 11, 1997, or, with respect to materials from 
the Sipan archaeological region, on or before May 7, 1990. See 19 
U.S.C. 2606(b)(1) and (2)(B); 19 CFR 12.104c(a) and (c).

Inapplicability of Notice and Delayed Effective Date

    Because the amendment to the Customs Regulations contained in this 
document extends import restrictions already imposed on the above-
listed cultural property of Peru by the terms of a bilateral agreement 
entered into in furtherance of a foreign affairs function of the United 
States, pursuant to the Administrative Procedure Act (5 U.S.C. 
553(a)(1)), no notice of proposed rulemaking or public procedure is 
necessary and a delayed effective date is not required.

Regulatory Flexibility Act

    Because no notice of proposed rulemaking is required, the 
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do 
not apply. Accordingly, this final rule is not subject to the 
regulatory analysis or other requirements of 5 U.S.C 603 and 604.

Executive Order 12866

    This amendment does not meet the criteria of a ``significant 
regulatory action'' as described in Executive Order 12866.

[[Page 38878]]

Drafting Information

    The principal author of this document was Bill Conrad, Regulations 
Branch, Office of Regulations and Rulings, U.S. Customs Service.

List of Subjects in 19 CFR Part 12

    Customs duties and inspections, Imports, Cultural property.

Amendment to the Regulations

    Accordingly, Part 12 of the Customs Regulations (19 CFR part 12) is 
amended as set forth below:

PART 12--[AMENDED]

    1. The general authority and specific authority citations for Part 
12, in part, continue to read as follows:

    Authority: 5 U.S.C. 301, 19 U.S.C. 66, 1202 (General Note 23, 
Harmonized Tariff Schedule of the United States (HTSUS)), 1624;
* * * * *
    Sections 12.104 through 12.104i also issued under 19 U.S.C. 
2612;
* * * * *


Sec. 12.104g  [Amended]

    2. In Sec. 12.104g(a), the list of agreements imposing import 
restrictions on described articles of cultural property of State 
Parties is amended in the entry for Peru by adding ``extended by T.D. 
02-30'' immediately after ``T.D. 97-50'' in the column headed ``T.D. 
No.''.

    Approved: June 3, 2002
Robert C. Bonner,
Commissioner of Customs.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 02-14219 Filed 6-5-02; 8:45 am]
BILLING CODE 4820-02-P