[Federal Register Volume 77, Number 110 (Thursday, June 7, 2012)]
[Rules and Regulations]
[Pages 33624-33625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-13859]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Part 12

[CBP Dec. 12-11]
RIN 1515-AD89


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

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 the extension of import restrictions on 
certain archaeological and ethnological material from Peru. The 
restrictions, which were originally imposed by Treasury Decision (T.D.) 
97-50 and last extended by CBP Dec. 07-27, are due to expire on June 9, 
2012, unless extended. 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 five years, and the CBP regulations are being amended to 
indicate this third extension. These restrictions are being extended 
pursuant to determinations of the State Department 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 June 9, 2012.

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:

Background

    Pursuant to the provisions of the 1970 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 
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.
    On June 6, 2007, CBP published CBP Dec. 07-27 in the Federal 
Register (72 FR 31176), which amended 19 CFR 12.104g(a) to reflect the 
extension of these import restrictions for an additional period of five 
years.
    On November 11, 2011, the Department of State received a request by 
the Government of Peru to extend the Agreement. 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, State 
Department, determined that the cultural heritage of Peru continues to 
be in jeopardy from pillage of archaeological and certain ethnological 
materials and made the necessary determination to extend the import 
restrictions for an additional five-year period. Diplomatic notes were 
exchanged on May 10, 2012, 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 Peru covered by these import restrictions is set forth in T.D. 97-
50, see 62 FR 31713 dated June 11, 1997. The Designated List and 
accompanying image database may also be found at the following internet 
Web site address: http://exchanges.state.gov/heritage/culprop/pefact.html, under ``III. Categories of Objects Subject to Import 
Restriction'', by clicking on ``Designated List'' and on ``Peru section 
of the Image Database''.
    It is noted that the materials identified in T.D. 97-50 as 
``certain pre-Columbian archaeological materials of Peru dating to the 
Colonial period and certain Colonial ethnological material from

[[Page 33625]]

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 through June 
9, 2017. Importation of such materials 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

    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 
``CBP Dec. 07-27'' and adding in its place ``CBP Dec. 12-11'' in the 
column headed ``Decision No.''.

David V. Aguilar,
Acting Commissioner, U.S. Customs and Border Protection.
    Approved: June 4, 2012.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2012-13859 Filed 6-6-12; 8:45 am]
BILLING CODE 9111-14-P