[Federal Register Volume 76, Number 50 (Tuesday, March 15, 2011)]
[Rules and Regulations]
[Pages 13879-13880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5879]



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 Rules and Regulations
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  Federal Register / Vol. 76, No. 50 / Tuesday, March 15, 2011 / Rules 
and Regulations  

[[Page 13879]]



DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Part 12

[CBP Dec. 11-06]
RIN 1515-AD73


Extension of Import Restrictions Imposed on Certain 
Archaeological and Ethnological Materials From Colombia

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This document amends the U.S. Customs and Border Protection 
(CBP) regulations to reflect an extension of import restrictions on 
certain archaeological and ethnological materials from Colombia. The 
restrictions, which were originally imposed by CBP Decision (CBP Dec.) 
06-09, are due to expire on March 15, 2011. The Assistant Secretary for 
Educational and Cultural Affairs, United States Department of State, 
has determined that factors continue to warrant the imposition of 
import restrictions. Accordingly, these import restrictions will remain 
in effect for an additional 5 years, and the CBP regulations are being 
amended to reflect this extension through March 15, 2016. 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 that implemented 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. 
CBP Dec. 06-09 contains the Designated List of archaeological and 
ethnological materials of Colombia to which the restrictions apply.

DATES: Effective Date:
     March 15, 2011.

FOR FURTHER INFORMATION CONTACT: For legal aspects, Charles Steuart, 
Chief, Intellectual Property Rights and Restricted Merchandise Branch, 
Regulations and Rulings, Office of International Trade, (202) 325-0020. 
For operational aspects, Michael Craig, Chief, Interagency Requirements 
Branch, Trade Policy and Programs, Office of International Trade, (202) 
863-6558.

SUPPLEMENTARY INFORMATION:

Background

    Pursuant to the provisions of the 1970 United Nations Educational, 
Scientific and Cultural Organization (UNESCO) Convention, implemented 
by 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 Colombia on March 15, 2006, concerning the 
imposition of import restrictions on certain archeological and 
ethnological materials from Colombia. On March 17, 2006, CBP published 
CBP Dec. 06-09 in the Federal Register (71 FR 13757), 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)). On July 22, 2010, the Department of State received a 
request by the Government of Colombia to extend the Agreement. 
Subsequently, after the Department of State proposed to extend the 
Agreement and reviewed the findings and recommendations of the Cultural 
Property Advisory Committee, the Assistant Secretary for Educational 
and Cultural Affairs, United States Department of State, determined 
that the cultural heritage of Colombia continues to be in jeopardy from 
pillage of archaeological and ethnological resources and made the 
necessary determinations to extend the import restrictions for an 
additional five years. Diplomatic notes have been exchanged on March 1, 
2011, reflecting the extension of those restrictions for an additional 
five-year period. Accordingly, CBP is amending 19 CFR 12.104g(a) to 
reflect this extension of the import restrictions.
    The Designated List of archaeological and ethnological materials 
from Colombia covered by these import restrictions is set forth in CBP 
Dec. 06-09. The Designated List and accompanying image database may 
also be found at the following Internet Web site address: http://exchanges.state.gov/heritage/culprop/cofact.html.
    The restrictions on the importation of these archaeological and 
ethnological materials from Colombia are to continue in effect through 
March 15, 2016. 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, a delayed effective date is 
not required under 5 U.S.C. 553(d)(3).

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).

[[Page 13880]]

List of Subjects in 19 CFR Part 12

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

Amendment to CBP Regulations

    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, paragraph (a), the table is amended in the entry 
for Colombia by adding, after the reference to ``CBP Dec. 06-09'', the 
words ``extended by CBP Dec. 11-06''.

Alan Bersin,
Commissioner, U.S. Customs and Border Protection.
    Approved: March 9, 2011.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2011-5879 Filed 3-14-11; 8:45 am]
BILLING CODE 9111-14-P