[Federal Register Volume 81, Number 226 (Wednesday, November 23, 2016)]
[Rules and Regulations]
[Pages 84458-84459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28355]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Part 12

[CBP Dec. 16-21]
RIN 1515-AE18


Extension of Import Restrictions Imposed on Certain 
Archaeological and Ethnological Material From Greece

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 material from the Hellenic 
Republic (Greece). The restrictions, which were originally imposed by 
CBP Decision (CBP Dec.) 11-25, are due to expire on November 21, 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 November 21, 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. 11-25 contains the Designated List of archaeological and 
ecclesiastical ethnological material from Greece, to which the 
restrictions apply.

DATES: Effective Date: November 21, 2016.

FOR FURTHER INFORMATION CONTACT: For legal aspects, Lisa L. Burley, 
Chief, Cargo Security, Carriers and Restricted Merchandise Branch, 
Regulations and Rulings, Office of Trade, (202) 325-0215. For 
operational aspects, William R. Scopa, Branch Chief, Partner Government 
Agency Branch, Trade Policy and Programs, Office of 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 made a bilateral 
agreement with Greece, which entered into force on November 21, 2011, 
concerning the imposition of import restrictions on archaeological 
materials representing Greece's cultural heritage from the Upper 
Paleolithic (beginning approximately 20,000 B.C.) through the 15th 
century A.D., and ecclesiastical ethnological material representing 
Greece's Byzantine culture (approximately the 4th century through the 
15th century A.D.). On December 1, 2011, CBP published CBP Dec. 11-25 
in the Federal Register (76 FR 74691), which amended 19 CFR 12.104g(a) 
to indicate the imposition of these restrictions and included a list 
designating the types of archaeological and ecclesiastical ethnological 
material 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 February 5, 2016, the Department of State received a request by 
the Government of the Hellenic Republic to extend the Agreement. 
Subsequently, the Department of State proposed to extend the Agreement. 
After considering the views and recommendation 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 Greece continues to be in jeopardy from 
pillage of archaeological materials representing Greece's cultural 
heritage from the Upper Paleolithic (beginning approximately 20,000 
B.C.) through the 15th century A.D., and ecclesiastical

[[Page 84459]]

ethnological material representing Greece's Byzantine culture 
(approximately the 4th century through the 15th century A.D.); 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 archaeological materials representing Greece's 
cultural heritage from the Upper Paleolithic (beginning approximately 
20,000 B.C.) through the 15th century A.D., and ecclesiastical 
ethnological material representing Greece's Byzantine culture 
(approximately the 4th century through the 15th century A.D.) covered 
by these import restrictions is set forth in CBP Dec. 11-25. The 
Agreement and Designated List may also be found at the following 
Internet Web site address: https://eca.state.gov/cultural-heritage-center/cultural-property-protection/bilateral-agreements/greece.
    The restrictions on the importation of these archaeological and 
ecclesiastical ethnological materials from Greece 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)). 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 Greece (Hellenic Republic) by adding after the phrase ``CBP Dec. 
11-25'' the phrase ``extended by CBP Dec. 16- 21''.

R. Gil Kerlikowske,
Commissioner, U.S. Customs and Border Protection.
    Approved: November 21, 2016.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2016-28355 Filed 11-21-16; 4:15 pm]
 BILLING CODE 9111-14-P