[Federal Register Volume 67, Number 189 (Monday, September 30, 2002)]
[Rules and Regulations]
[Pages 61259-61260]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24895]


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DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 12

[T.D. 02-56]
RIN 1515-AD17


Extension of Import Restrictions Imposed on Archaeological 
Material From Guatemala

AGENCY: Customs Service, Treasury.

ACTION: Final rule.

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SUMMARY: In T.D. 97-81, the Customs Regulations were amended to reflect 
the imposition of import restrictions on certain archaeological 
material from Guatemala. These restrictions were imposed pursuant to a 
Memorandum of Understanding between the United States and Guatemala 
(the MOU) 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 5 years. The Governments of the 
United States and Mali exchanged diplomatic notes agreeing to extend 
the MOU. Thus, this document amends the Customs Regulations to reflect 
that the import restrictions currently in place continue, without 
interruption, for a period not to exceed five years from September 29, 
2002. T.D. 97-81 contains the List of Designated Archaeological 
Material from Guatemala 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 
29, 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 (Public Law 97-446, 19 U.S.C. 2601 et seq)(the Act), the United 
States entered into a bilateral agreement with Guatemala on September 
29, 1997 (Memorandum of Understanding Between the Government of the 
United States of America and the Government of the Republic of 
Guatemala Concerning the Imposition of Import Restrictions on 
Archaeological Objects and Materials from the Pre-Columbian Cultures of 
Guatemala) (the MOU), concerning the imposition of import restrictions 
on certain archaeological material from Guatemala. The U.S. Customs 
Service issued T.D. 97-81 (62 FR 51771, October 3, 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 cover Maya material from the Peten Lowlands and 
related pre-Columbian material from the Highlands and the Southern 
Coast of Guatemala. The restrictions became effective on October 3, 
1997.
    Prior to the issuance of T.D. 97-81, Customs issued T.D. 91-34 (56 
FR 15181, April 15, 1991) that imposed emergency import restrictions on 
certain archaeological material from the Peten Region of Guatemala. 
Under T.D. 91-34, Sec.  12.104g(b) (19 CFR 12.104g(b)) of the 
regulations pertaining to emergency restrictions was amended 
accordingly. These emergency restrictions were extended for a period of 
three years under T.D. 94-84 (59 FR 55528, November 7, 1994). 
Subsequently, the same archaeological material covered by T.D. 91-34 
(and the extension of T.D. 94-84) was subsumed in T.D. 97-81 when it 
was published in 1997, at which time the emergency restrictions of T.D. 
91-34 (and T.D. 94-84) were removed from Sec.  12.104g(b).
    On August 18, 2002, the Assistant Secretary of Educational and 
Cultural Affairs, Department of State, concluded, among other things, 
that the cultural patrimony of Guatemala continues to be in jeopardy 
from pillage of irreplaceable materials representing its Pre-Columbian 
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 MOU). The 
Government of the United States and the Government of the Republic of 
Mali exchanged diplomatic notes on September 20,

[[Page 61260]]

2002, agreeing to extend the MOU effective September 29, 2002. 
Accordingly, Customs is amending Sec.  12.104g(a) to reflect the 
extension of the import restrictions.
    The List of Designated Archaeological Material from Guatemala 
describing the materials covered by these import restrictions is set 
forth in T.D. 97-81. 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 Guatemala are to continue in effect for five years from 
September 29, 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 Guatemala 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)), notice of proposed rule-making, public procedure, 
and a delayed effective date are 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.

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

    Cultural property, Customs duties and inspections, Imports.

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 Guatemala by adding ``extended by 
T.D. 02-56'' immediately after ``T.D. 97-81'' in the column headed 
``T.D. No.''.

Robert C. Bonner,
Commissioner of Customs.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 02-24895 Filed 9-26-02; 12:54 pm]
BILLING CODE 4820-02-P