[Federal Register Volume 71, Number 12 (Thursday, January 19, 2006)]
[Rules and Regulations]
[Pages 3000-3001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-528]



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DEPARTMENT OF HOMELAND SECURITY

Bureau of Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Part 12

[CBP Dec. 06-01; USCBP-2006-0016]
RIN 1505-AB63


Extension of Import Restrictions Imposed on Archaeological 
Material Originating in Italy and Representing the Pre-Classical, 
Classical, and Imperial Roman Periods

AGENCY: Customs and Border Protection; Homeland Security; Treasury.

ACTION: Final rule.

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SUMMARY: This document amends the Bureau of Customs and Border 
Protection (CBP) regulations to indicate the extension of the import 
restrictions that were imposed by Treasury Decision 01-06 on certain 
archaeological material originating in Italy and representing the pre-
Classical, Classical, and Imperial Roman periods of its cultural 
heritage, ranging in date from approximately the 9th century B.C. 
through approximately the 4th century A.D. that were imposed by 
Treasury Decision (T.D.) 01-06. 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 
reflect 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. 01-06 contains the Designated List of 
archaeological material originating in Italy and representing the pre-
Classical, Classical, and Imperial Roman periods of its cultural 
heritage, ranging in date from approximately the 9th century B.C. 
through approximately the 4th century A.D.

EFFECTIVE DATE: January 19, 2006.

FOR FURTHER INFORMATION CONTACT: For legal aspects, George F. McCray, 
Esq., Chief, Intellectual Property Rights and Restricted Merchandise 
Branch, (202) 572-8710. 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 Italy on January 19, 2001, concerning 
the imposition of import restrictions on archeological material 
originating in Italy and representing the pre-Classical, Classical, and 
Imperial Roman periods. On January 23, 2001, the United States Customs 
Service published T.D. 01-06 in the Federal Register (66 FR 7399), 
which amended 19 CFR 12.104g(a) to indicate the imposition of these 
restrictions and included a list designating the types of 
archaeological material 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)).
    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 Italy continues to be in jeopardy from 
pillage of archaeological material representing the pre-Classical, 
Classical, and Imperial Roman periods, made the necessary determination 
to extend the import restrictions for an additional five years on 
December 5, 2005. Accordingly, CBP is amending 19 CFR 12.104g(a) to 
indicate the extension of the import restrictions.
    The Designated List of Archaeological Material Originating in Italy 
and Representing the pre-Classical, Classical, and Imperial Roman 
periods of Italy covered by these import restrictions is set forth in 
T.D. 01-06. The Designated List and accompanying image database may 
also be found at the following internet website address: http://exchanges.state.gov/culprop/it01fr01.html. The restrictions on the 
importation of these archaeological materials originating in Italy 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 Italy; or
    (2) With respect to archaeological material originating in Italy 
and representing the pre-Classical, Classical, and Imperial Roman 
periods, verifiable documentation exists that exportation occurred 
prior to January 19, 2001.

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)(1).

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 Title 19 of the Code of 
Federal 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 continue to read as follows:

    Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 3(i), 
Harmonized Tariff

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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]

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 Italy by removing the reference to 
``T.D. 01-06'' in the column headed ``Decision No.'' and adding in its 
place the language ``T.D. 01-06 extended by CBP Dec. 06-01''.

Deborah J. Spiro,
Acting Commissioner, Bureau of Customs and Border Protection.

    Approved: January 17, 2006.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 06-528 Filed 1-18-06; 8:45 am]
BILLING CODE 9111-14-P