[Federal Register Volume 70, Number 45 (Wednesday, March 9, 2005)]
[Rules and Regulations]
[Pages 11539-11540]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-4625]


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DEPARTMENT OF HOMELAND SECURITY

Bureau of Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Part 12

[CBP Dec. 05-10]
RIN 1505-AB56


Extension of Import Restrictions Imposed on Certain Categories of 
Archaeological Material From the Prehispanic Cultures of the Republic 
of El Salvador

AGENCY: Customs and Border Protection; Department of Homeland Security; 
Department of the Treasury.

ACTION: Final rule.

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SUMMARY: This document amends the Customs and Border Protection (CBP) 
regulations to reflect the extension of the import restrictions on 
certain categories of archaeological material from the Prehispanic 
cultures of the Republic of El Salvador which were imposed by T.D. 95-
20. The Assistant Secretary for Educational and Cultural Affairs, 
United States Department of State, has determined that conditions 
continue to warrant the imposition of import restrictions. Accordingly, 
the restrictions will remain in effect for an additional 5 years, and 
the CBP regulations are being amended to indicate this extension. These 
restrictions are being extended pursuant to determinations of the 
United States Department of State made under the terms of the 
Convention on Cultural Property Implementation Act in accordance with 
the 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. 
T.D. 95-20 contains the Designated List of archaeological material 
representing Prehispanic cultures of El Salvador.

DATES: Effective Date: March 8, 2005.

FOR FURTHER INFORMATION CONTACT: For legal aspects, Joseph Howard, 
(202) 572-8701. For operational aspects, Michael Craig, Chief, Other 
Government Agencies Branch, (202) 344-1684.

SUPPLEMENTARY INFORMATION:

Background

    Pursuant to the provisions of the 1970 United Nations Educational, 
Scientific and Cultural Organization (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 United States entered 
into a bilateral agreement with the Republic of El Salvador on March 8, 
1995, concerning the imposition of import restrictions on certain 
categories of archeological material from the Prehispanic cultures of 
the Republic of El Salvador. On March 10, 1995, the United States 
Customs Service published T.D. 95-20 in the Federal Register (60 FR 
13352), which amended 19 CFR 12.104g(a) to reflect the imposition of 
these restrictions and included a list designating the types of article 
covered by the restrictions.
    Import restrictions listed in 19 CFR 12.104g(a) are ``effective for 
no more than five years beginning on the date on which the agreement 
enters into force with respect to the United States. This period can be 
extended for additional periods not to exceed five years if it is 
determined that the factors which justified the initial agreement still 
pertain and no cause for suspension of the agreement exists'' (19 CFR 
12.104g(a)).
    On March 9, 2000, the United States Customs Service published T.D. 
00-16 in the Federal Register (65 FR 12470), which amended 19 CFR 
12.104g(a) to reflect the extension for an additional period of five 
years.
    Sections 403(1) and 411 of the Homeland Security Act of 2002 (Pub. 
L. 107-296) transferred the United States Customs Service and certain 
of its functions from the Department of the Treasury to the Department 
of Homeland Security. Pursuant to section 1502 of the Act, the 
President renamed the ``Customs Service'' as the ``Bureau of Customs 
and Border Protection,'' also referred to as the ``CBP.''
    After reviewing the findings and recommendations of the Cultural 
Property Advisory Committee, the Assistant Secretary for Educational 
and Cultural Affairs, United States Department of State, concluding 
that the cultural heritage of El Salvador continues to be in jeopardy 
from pillage of Prehispanic archaeological resources, made the 
necessary determinations to extend the import restrictions for an 
additional five years on February 2, 2005. Accordingly, CBP is amending 
19 CFR 12.104g(a) to reflect the extension of the import restrictions. 
The Designated List of Archaeological Material Representing Prehispanic 
Cultures of El Salvador covered by these import restrictions is set 
forth in T.D. 95-20. The Designated List and accompanying image 
database may also be found at the following Internet Web site address: 
http://exchanges.state.gov/culprop/esimage.html. The restrictions on 
the importation of these archaeological materials from the Republic of 
El Salvador are to continue in effect for an additional 5 years. 
Importation of such material continues to be restricted unless:
    (1) Accompanied by appropriate export certification issued by the 
Government of the Republic of El Salvador; or
    (2) With respect to Pre-Columbian material from archaeological 
sites throughout El Salvador, documentation exists that exportation 
from El Salvador occurred prior to March 10, 1995; or
    (3) With respect specifically to Pre-Columbian material from the 
Cara Sucia archaeological region, documentation exists that exportation 
from El Salvador occurred prior to September 7, 1987.

Inapplicability of Notice and Delayed Effective Date

    This amendment involves a foreign affairs function of the United 
States and is, therefore, being made without notice or public procedure 
(5 U.S.C. 553(a)(1)). In addition, CBP has determined that such notice 
or public procedure would be impracticable and contrary to the public 
interest because the action being taken is essential to avoid 
interruption of the application of the existing import restrictions (5 
U.S.C. 553(b)(B)). For the same reasons, pursuant to 5 U.S.C. 
553(d)(3), 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.

Executive Order 12866

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

Signing Authority

    This regulation is being issued in accordance with 19 CFR 
0.1(a)(2).

[[Page 11540]]

List of Subjects in 19 CFR Part 12

    Cultural property, Customs duties and inspection, Imports, 
Prohibited merchandise.

Amendment to CBP Regulations

0
For the reasons set forth above, part 12 of the CBP Regulations (19 CFR 
part 12), is amended as set forth below:

PART 12--SPECIAL CLASSES OF MERCHANDISE

0
1. The general authority citation for part 12 and the specific 
authority citation for Sec.  12.104g are revised to read as follows:

    Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 3(i), 
Harmonized Tariff Schedule of the United States (HTSUS)), 1624;
* * * * *

    Sections 12.104 through 12.104i also issued under 19 U.S.C. 
2612;

* * * * *


Sec.  12.104  [Amended]

0
2. In Sec.  12.104g(a), the table of the list of agreements imposing 
import restrictions on described articles of cultural property of State 
Parties is amended in the entry for El Salvador by removing the 
reference to ``T.D. 00-16'' and adding in its place ``CBP Dec. 05-10'' 
in the column headed ``Decision No.''.

Robert C. Bonner,
Commissioner, Customs and Border Protection.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 05-4625 Filed 3-8-05; 8:45 am]
BILLING CODE 4820-02-P