[Federal Register Volume 71, Number 231 (Friday, December 1, 2006)]
[Rules and Regulations]
[Pages 69477-69478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-20306]



[[Page 69477]]

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DEPARTMENT OF HOMELAND SECURITY

Bureau of Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR PART 12

[CBP Dec. 06-26]
RIN 1505-AB74


Extension of Import Restrictions Imposed on Archaeological and 
Ethnological Material From Bolivia

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

ACTION: Final rule.

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SUMMARY: This document amends Title 19 of the Code of Federal 
Regulations (19 CFR) to reflect the extension of the import 
restrictions on certain archaeological and ethnological material from 
Bolivia that were imposed by Treasury Decision (T.D.) 01-86. 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 Title 19 of the 
CFR is being amended to reflect this extension until December 4, 2011. 
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. 01-86 contains the Designated List of archaeological and 
ethnological material from Bolivia.

DATES: Effective Date: December 4, 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 Bolivia on December 4, 2001, concerning 
the imposition of import restrictions on certain archaeological and 
ethnological material from Bolivia. The archaeological material subject 
to the bilateral agreement represent the pre-Columbian cultures of 
Bolivia and range in date from approximately 10,000 B.C. to A.D. 1532. 
The ethnological materials subject to the bilateral agreement are from 
the Colonial and Republican periods and range in date from A.D. 1533 to 
1900. On December 7, 2001, the United States Customs Service published 
T.D. 01-86 in the Federal Register (66 FR 63490), which amended 19 CFR 
12.104g(a) to reflect the imposition of these restrictions and included 
a list designating the types of articles 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 Bolivia continues to be in jeopardy from 
pillage of certain archaeological and ethnological materials, made the 
necessary determination to extend the import restrictions for an 
additional five years on October 17, 2006. Accordingly, CBP is amending 
19 CFR 12.104g(a) to reflect the extension of the import restrictions. 
The Designated List of Archaeological and Ethnological Material from 
Bolivia covered by these import restrictions is set forth in T.D. 01-
86. The Designated List and accompanying image database may also be 
found at the following Internet Web site address: http://exchanges.state.gov/culprop/blfact.html. The restrictions on the 
importation of these archaeological and ethnological materials from 
Bolivia are to continue in effect for an additional 5 years. 
Importation of such material 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

    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

    Because this rule involves a foreign affairs function of the United 
States, it is not subject to 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 Schedule of the United States (HTSUS)), 1624;
* * * * *
    Sections 12.104 through 12.104i also issued under 19 U.S.C. 
2612;
* * * * *


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 Bolivia by removing the reference 
to ``T.D. 01-86'' in the column headed ``Decision No.'' and adding in 
its place the language

[[Page 69478]]

``T.D. 01-86 extended by CBP Dec. 06-26''.

Deborah J. Spero,
Acting Commissioner, Bureau of Customs and Border Protection.
    Approved: November 27, 2006.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
 [FR Doc. E6-20306 Filed 11-30-06; 8:45 am]
BILLING CODE 9111-14-P