[Federal Register Volume 76, Number 231 (Thursday, December 1, 2011)]
[Rules and Regulations]
[Pages 74690-74691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-30897]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Part 12

[CBP Dec. 11-24]
RIN 1515-AD83


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

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

ACTION: Final rule.

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SUMMARY: This final rule amends the U.S. Customs and Border Protection 
(CBP) regulations to reflect an extension of import restrictions on 
certain archaeological and ethnological material from Bolivia. The 
restrictions, which were originally imposed by Treasury Decision (T.D.) 
01-86 and last extended by CBP Dec. 06-26, are due to expire on 
December 4, 2011. The Acting 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, these import restrictions will remain in 
effect for an additional 5 years, and the CBP regulations are being 
amended to reflect this extension through December 4, 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 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 to which the restrictions apply.

DATES: Effective Date: December 2, 2011.

FOR FURTHER INFORMATION CONTACT: For legal aspects, George F. McCray, 
Esq., Chief, Cargo Security, Carriers and Immigration Branch, 
Regulations and Rulings, Office of International Trade, (202) 325-0082. 
For operational aspects, Michael Craig, Chief, Interagency Requirements 
Branch, Trade Policy and Programs, Office of International Trade, (202) 
863-6558.

SUPPLEMENTARY INFORMATION: 

[[Page 74691]]

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. On December 7, 2001, the United 
States Customs Service published Treasury Decision (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)).
    On August 26, 2011, after reviewing the findings and 
recommendations of the Cultural Property Advisory Committee, the Acting 
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 November 10, 2011, 
diplomatic notes were exchanged reflecting the extension of those 
restrictions for an additional five-year period.
    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/heritage/culprop/blfact.html.
    The restrictions on the importation of these archaeological and 
ethnological materials from Bolivia are to continue in effect through 
December 4, 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 
under 5 U.S.C. 553(a)(1). For the same reason, 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).

List of Subjects in 19 CFR Part 12

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

Amendment to the 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;
* * * * *

0
2. In Sec.  12.104g, paragraph (a), the table is amended in the entry 
for Bolivia by removing the words ``extended by CBP Dec. 06-26'' in the 
column headed ``Decision No.'' and adding in their place the words 
``extended by CBP Dec. 11-24 ''.

Alan D. Bersin,
Commissioner, U.S. Customs and Border Protection.
    Approved: November 28, 2011.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2011-30897 Filed 11-30-11; 8:45 am]
BILLING CODE 9111-14-P