[Federal Register Volume 72, Number 108 (Wednesday, June 6, 2007)]
[Rules and Regulations]
[Pages 31176-31177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-2810]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Part 12

[CBP Dec. 07-27]
RIN 1505-AB79


Extension of Import Restrictions Imposed on Archaeological and 
Ethnological Materials From Peru

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

ACTION: Final rule.

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SUMMARY: This document amends U.S. Customs and Border Protection (CBP) 
regulations to reflect the extension of import restrictions on 
archaeological material and certain ethnological materials originating 
in Peru which were imposed by Treasury Decision (T.D.) 97-50 and 
extended by T.D. 02-30. 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 second 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. 97-50 contains the Designated 
List of archaeological and ethnological materials that describes the 
articles to which the restrictions apply.

DATES: Effective Date: June 9, 2007.

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 the Republic of Peru on June 9, 1997, 
concerning the imposition of import restrictions on pre-Columbian 
archaeological materials of Peru dating to the Colonial period and 
certain Colonial ethnological material from Peru. On June 11, 1997, the 
former United States Customs Service published T.D. 97-50 in the 
Federal Register (62 FR 31713), which amended 19 CFR 12.104g(a) to 
reflect the imposition of these restrictions, and included a list 
designating the types of archaeological and ethnological materials 
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

[[Page 31177]]

pertain and no cause for suspension of the agreement exists'' (19 CFR 
12.104g(a)).
    On June 6, 2002, the former United States Customs Service published 
T.D. 02-30 in the Federal Register (67 FR 38877), which amended 19 CFR 
12.104g(a) to reflect the extension of these import restrictions for an 
additional period of five years until June 9, 2007.
    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 Peru continues to be in jeopardy from 
pillage of archaeological and certain ethnological materials, made the 
necessary determination to extend the import restrictions for an 
additional five years on April 26, 2007. 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 Peru covered by these import restrictions is set forth in T.D. 97-
50. The Designated List and accompanying image database may also be 
found at the following internet Web site address: http://exchanges.state.gov/culprop/pefact.html, by clicking ``III. Categories 
of Artifacts Subject to Import Restriction'', and Federal Register. A 
complete list is published in the Federal Register notice of June 11, 
1997.
    It is noted that the materials identified in T.D. 97-50 as 
``certain pre-Colombian archaeological materials of Peru dating to the 
Colonial period and certain Colonial ethnological material from Peru'' 
are referred to in the Determination to Extend as ``Archaeological 
Material from the Prehispanic Cultures and Certain Ethnological 
Material from the Colonial Period of Peru.'' The materials identified 
in T.D. 97-50 and those identified in the Determination to Extend are 
the same.
    The restrictions on the importation of these archaeological and 
ethnological materials from Peru 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)). 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;
* * * * *


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 Peru by removing the reference to 
``T.D. 02-30'' and adding in its place ``CBP Dec. 07-27'' in the column 
headed ``Decision No.''.

    Approved: June 1, 2007.
Deborah J. Spero,
Acting Commissioner, U.S. Customs and Border Protection.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 07-2810 Filed 6-5-07; 8:45 am]
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