[Federal Register Volume 67, Number 183 (Friday, September 20, 2002)]
[Rules and Regulations]
[Pages 59159-59161]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24028]


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DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 12

[T.D. 02-55]
RIN 1515-AD16


Extension of Import Restrictions Imposed on Archaeological 
Material From Mali

AGENCY: Customs Service, Treasury.

ACTION: Final rule.

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SUMMARY: In T.D. 97-80, the Customs Regulations were amended to reflect 
the imposition of import restrictions on certain archaeological 
material from Mali. These restrictions were imposed pursuant to an 
agreement between the

[[Page 59160]]

United States and Mali (the Agreement) 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 United States Department of State 
determined that conditions continue to warrant the imposition of these 
import restrictions for a period not to exceed five years. The 
Governments of the United States and Mali exchanged diplomatic notes 
agreeing to extend the Agreement. Thus, this document amends the 
Customs Regulations to reflect that the import restrictions currently 
in place continue, without interruption, for five years from September 
19, 2002. T.D. 97-80 contains the Designated List of Archaeological 
Material from the Region of the Niger River Valley, Mali, and the 
Bandiagara Escarpment (Cliff), Mali, that describes the articles to 
which the restrictions and this extension of restrictions apply.

EFFECTIVE DATE: This regulation and the extension of import 
restrictions reflected in this regulation become effective on September 
19, 2002.

FOR FURTHER INFORMATION CONTACT: (Regulatory Aspects) Joseph Howard, 
Intellectual Property Rights Branch (202) 572-8701; (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 Mali on September 19, 
1997 (Agreement Between the United States of America and the Government 
of the Republic of Mali Concerning the Imposition of Import 
Restrictions on Archaeological Material from the Region of the Niger 
River Valley and the Bandiagara Escarpment (Cliff)) (the Agreement), 
concerning the imposition of import restrictions on certain 
archaeological material from Mali. The U.S. Customs Service issued T.D. 
97-80 (62 FR 49594, September 23, 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 not to exceed five years. The 
restrictions became effective on September 23, 1997.
    Prior to the issuance of T.D. 97-80, Customs issued T.D. 93-74 (58 
FR 49428, September 23, 1993) that imposed emergency import 
restrictions on certain archaeological material from the region of the 
Niger River Valley in Mali and the Bandiagara Escarpment (Cliff) in 
Mali forming part of the remains of the ancient sub-Sahara culture. 
Under T.D. 93-74, Sec.  12.104g(b) (19 CFR 12.104g(b)) of the 
regulations pertaining to emergency restrictions was amended 
accordingly. Subsequently, the same archaeological material covered by 
T.D. 93-74 was covered in T.D. 97-80 when it was published in 1997, at 
which time the emergency restrictions of T.D. 93-74 were removed from 
Sec.  12.104g(b).
    On August 19, 2002, the Assistant Secretary of Educational and 
Cultural Affairs, Department of State, concluded, among other things, 
that the cultural patrimony of Mali continues to be in jeopardy from 
pillage of irreplaceable materials representing its heritage and made 
the necessary determinations under 19 U.S.C. 2602(e) and 2602(a) to 
extend the import restrictions for a period not to exceed five years 
(in the Determination to Extend the Agreement). The Government of the 
United States and the Government of the Republic of Mali exchanged 
diplomatic notes on September 17, 2002, agreeing to extend the 
Agreement effective September 19, 2002. Accordingly, Customs is 
amending Sec.  12.104g(a) to reflect the extension of the import 
restrictions.
    The Designated List of Archaeological Material from the Region of 
the Niger River Valley, Mali, and the Bandiagara Escarpment (Cliff), 
Mali, describing the materials covered by these import restrictions is 
set forth in T.D. 97-80. The list and accompanying image database may 
also be found at the following internet Web site address: http://exchanges.state.gov/culprop.
    The restrictions on the importation of these archaeological 
materials from Mali are to continue in effect for five years from 
September 19, 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.

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 Mali 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 E.O. 12866.

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;
* * * * *

    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 Mali by adding ``extended by T.D. 
02-55 `` immediately after ``T.D. 97-80'' in the column headed ``T.D. 
No.''.

    Approved: September 18, 2002.
Robert C. Bonner,
Commissioner of Customs.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 02-24028 Filed 9-18-02; 11:34 am]
BILLING CODE 4820-02-P