[Federal Register Volume 80, Number 44 (Friday, March 6, 2015)]
[Rules and Regulations]
[Pages 12080-12081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-05060]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Part 12

[CBP Dec. 15-05]
RIN 1515-AE01


Extension of Import Restrictions Imposed on Certain Categories of 
Archaeological Material From the Pre-Hispanic Cultures of the Republic 
of El Salvador

AGENCIES: 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 U.S. Customs and Border Protection 
(CBP) regulations to reflect the extension of import restrictions on 
certain categories of archaeological material from the Pre-Hispanic 
cultures of the Republic of El Salvador (El Salvador). The 
restrictions, which were originally imposed by Treasury Decision (T.D.) 
95-20 and previously extended by T.D. 00-16, CBP Decision (CBP Dec.) 
05-10 and CBP Dec. 10-01, are due to expire on March 8, 2015, unless 
extended. The Assistant Secretary for Educational and Cultural Affairs, 
U.S. Department of State (State), has determined that conditions 
continue to warrant the imposition of import restrictions. Accordingly, 
these import restrictions will remain in effect for an additional five 
years, and the CBP regulations are being amended to reflect this 
extension until March 8, 2020. These restrictions are being extended 
pursuant to determinations of the U.S. Department of State made under 
the terms of the Convention on Cultural Property Implementation Act in 
accordance with the 1970 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. 95-20 contains the Designated List of 
archaeological material representing Pre-Hispanic cultures of El 
Salvador, and describes the articles to which the restrictions apply.

DATES: Effective March 8, 2015.

FOR FURTHER INFORMATION CONTACT: For legal aspects, Lisa L. Burley, 
Chief, Cargo Security, Carriers and Restricted Merchandise Branch, 
Regulations and Rulings, Office of International Trade, (202) 325-0030. 
For operational aspects, William R. Scopa, Branch Chief, Partner 
Government Agency Branch, Trade Policy and Programs, Office of 
International Trade, (202) 863-6554, [email protected].

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 
(hereafter, the Cultural Property Implementation Act or the Act (Pub. 
L. 97-446, 19 U.S.C. 2601 et seq.)), signatory nations (State Parties) 
may enter into bilateral or multilateral agreements to impose import 
restrictions on eligible archaeological and ethnological materials 
under procedures and requirements prescribed by the Act. Under the Act 
and applicable U.S. Customs and Border Protection (CBP) regulations (19 
CFR 12.104g), the restrictions 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 (19 U.S.C. 2602(b)). This period may 
be extended for additional periods, each such period not to exceed five 
years, where it is determined that the factors justifying the initial 
agreement still pertain and no cause for suspension of the agreement 
exists (19 U.S.C. 2602(e); 19 CFR 12.104g(a)).
    On March 8, 1995, the United States entered into a bilateral 
agreement with the Government of the Republic of El Salvador (El 
Salvador) concerning the imposition of import restrictions on certain 
categories of archaeological material from the Pre-Hispanic cultures of 
El Salvador. On March 10, 1995, the former U.S. Customs Service (now 
U.S. Customs and Border Protection (CBP)) published Treasury Decision 
(T.D.) 95-20 in the Federal Register (60 FR 13352), 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).
    Since the initial notice was published on March 10, 1995, the 
import restrictions were subsequently extended three times. First, on 
March 9, 2000, the former U.S. Customs Service published T.D. 00-16 in 
the Federal Register (65 FR 12470) to extend the import restrictions 
for an additional period of five years. Subsequently, on March 9, 2005, 
CBP published CBP Dec. 05-10 in the Federal Register (70 FR 11539) to 
again extend the import restriction for five years. Most recently, on 
March 8, 2010, CBP published CBP Dec. 10-01 in the Federal Register (75 
FR 10411) to extend the import restriction for an additional five year 
period to March 8, 2015.
    After reviewing the findings and recommendations of the Cultural 
Property Advisory Committee, and in response to a request by the 
Government of the Republic of El Salvador, on February 3, 2015, the 
Assistant Secretary for Educational and Cultural Affairs, U.S. 
Department of State, concluding that the cultural heritage of El 
Salvador continues to be in jeopardy from pillage of Pre-Hispanic 
archaeological resources, made the necessary determinations to extend 
the import restrictions for an additional five years. Diplomatic notes 
have been exchanged, reflecting the extension of

[[Page 12081]]

those restrictions. Accordingly, CBP is amending 19 CFR 12.104g(a) to 
reflect the extension of the import restrictions.
    The Designated List of Archaeological Material Representing Pre-
Hispanic Cultures of El Salvador covered by these import restrictions 
is set forth in T.D. 95-20. The Designated List and accompanying image 
database may also be accessed from the following Internet Web site 
address: http://exchanges.state.gov/heritage/culprop/esimage.html.
    The restrictions on the importation of these archaeological 
materials from El Salvador are to continue in effect for an additional 
five 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, 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 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 El Salvador by removing the reference to ``CBP Dec. 10-01'' in the 
column headed ``Decision No.'' and adding in its place ``CBP Dec. 15-
05''.

R. Gil Kerlikowske,
Commissioner, U.S. Customs and Border Protection.
    Approved: February 25, 2015.
Mark J. Mazur,
Assistant Secretary of the Treasury.
[FR Doc. 2015-05060 Filed 3-5-15; 8:45 am]
BILLING CODE 9111-14-P