[Federal Register Volume 80, Number 193 (Tuesday, October 6, 2015)]
[Rules and Regulations]
[Pages 60292-60293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25413]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Part 12

[CBP Dec. 15-13]
RIN 1515-AE05


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

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

ACTION: Final rule.

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SUMMARY: This document amends 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 Nicaragua. The restrictions, which were originally 
imposed by Treasury Decision (T.D.) 00-75 and extended by CBP Decision 
(CBP Dec.) 05-33 and CBP Dec. 10-32 are due to expire on October 20, 
2015. 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 and no cause for 
suspension exists. Accordingly, these import restrictions will remain 
in effect for an additional 5 years, and the CBP regulations are being 
amended to reflect this extension until October 20, 2020. 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. 
T.D. 00-75 contains the Designated List of archaeological material 
representing Pre-Hispanic cultures of Nicaragua to which the 
restrictions apply.

DATES: Effective: October 20, 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 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 the Republic of Nicaragua concerning the 
imposition of import restrictions on certain categories of 
archeological material from the Pre-Hispanic cultures of the Republic 
of Nicaragua on June 16, 1999, and following completion by the 
Government of Nicaragua of all internal legal requirements, the 
agreement entered into force on October 20, 2000. On October 26, 2000, 
the former U.S. Customs Service (now U.S. Customs and Border Protection 
(CBP)) published T.D. 00-75 in the Federal Register (65 FR 64140), 
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 may be 
extended for additional periods of not more than 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 October 26, 2000, the 
import restrictions were extended twice. First, on October 20, 2005, 
CBP published CBP Dec. 05-33 in the Federal Register (70 FR 61031) 
which amended 19 CFR 12.104g(a) to reflect the extension for an 
additional period of 5 years. Subsequently, on October 20, 2010, CBP 
published CBP Dec. 10-32 in the Federal Register (75 FR 64654) to 
extend the import restriction for an additional five year period to 
October 20, 2015.
    On October 17, 2014, the Department of State received a request by 
the Government of the Republic of Nicaragua to extend the Agreement. 
Subsequently, the Department of State proposed to extend the Agreement. 
After considering the views 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 Nicaragua continues to be in jeopardy 
from pillage of Pre-Hispanic archaeological materials, and made the 
necessary determinations to extend the import restrictions for an 
additional five years. Diplomatic notes have been exchanged, 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 Pre-Hispanic Archaeological Material from 
Nicaragua covered by these import restrictions is set forth in T.D. 00-
75. The Designated List and accompanying image database may also be 
found at the following Internet Web site address: http://exchanges.state.gov/heritage/culprop/nifact.html.
    The restrictions on the importation of these archaeological 
materials from the Republic of Nicaragua 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)). 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.

[[Page 60293]]

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 Nicaragua in the ``Decision No.'' column by removing the reference 
to ``CBP Dec. 10-32'' and adding in its place ``CBP Dec. 15-13 ''.

 R. Gil Kerlikowske,
Commissioner, U.S. Customs and Border Protection.
    Approved: October 1, 2015.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2015-25413 Filed 10-5-15; 8:45 am]
 BILLING CODE 9111-14-P