[Federal Register Volume 81, Number 50 (Tuesday, March 15, 2016)]
[Rules and Regulations]
[Pages 13721-13722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05811]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Part 12

[CBP Dec. 16-05]
RIN 1515-AE08


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

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

ACTION: Final rule.

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SUMMARY: This document amends the U.S. Customs and Border Protection 
(CBP) regulations to reflect the extension of import restrictions on 
certain archaeological and ethnological materials from the Republic of 
Colombia (``Colombia''). The restrictions, which were originally 
imposed by CBP Decision (Dec.) 06-09 and extended by CBP Dec. 11-06, 
are due to expire on March 15, 2016. 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 five 
years, and the CBP regulations are being amended to reflect this 
extension until March 15, 2021. 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

[[Page 13722]]

of archaeological and ethnological materials of Colombia to which the 
restrictions apply.

DATES: Effective Date: March 15, 2016.

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) 325-0215. 
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 Colombia (``Colombia'') on 
March 15, 2006, concerning the imposition of import restrictions on 
certain archeological and ethnological materials from Colombia (the 
``Agreement''). 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 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.
    Since the initial document was published on March 17, 2006, the 
import restrictions were extended on March 15, 2011. CBP published CBP 
Dec. 11-06 in the Federal Register (76 FR 13879) which amended 19 CFR 
12.104g(a) to reflect the extension for an additional period of five 
years.
    On July 23, 2015, the Department of State received a request by the 
Government of Colombia 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 Colombia continues to be in jeopardy from pillage 
of archaeological and ethnological 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 archaeological and ethnological materials 
from Colombia covered by these import restrictions is set forth in CBP 
Dec. 06-09. The Designated List may also be found at the following 
Internet Web site address: http://eca.state.gov/cultural-heritage-center/cultural-property-protection/bilateral-agreements/colombia.
    The restrictions on the importation of these archaeological and 
ethnological materials from Colombia are to continue in effect for an 
additional five years. 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)). 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

    It has been determined that this rule is not a significant 
regulatory action under 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 Colombia by removing the reference to ``CBP Dec. 11-06'' and adding 
in its place ``CBP Dec. 16-05''.

R. Gil Kerlikowske,
Commissioner, U.S. Customs and Border Protection.
    Approved: March 10, 2016.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2016-05811 Filed 3-14-16; 8:45 am]
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