[Federal Register Volume 81, Number 234 (Tuesday, December 6, 2016)]
[Rules and Regulations]
[Pages 87804-87805]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29279]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Part 12

[CBP Dec. 16-24]
RIN 1515-AE20


Extension of Import Restrictions Imposed on Certain 
Archaeological and Ethnological Materials From the Plurinational State 
of Bolivia

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 an extension of import restrictions on 
certain archaeological and ethnological materials from the 
Plurinational State of Bolivia (``Bolivia''). The restrictions, which 
were originally imposed by Treasury Decision (T.D.) 01-86 and last 
extended by CBP Dec. 11-24, are due to expire on December 4, 2016. 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, these import 
restrictions will remain in effect for an additional five years, and 
the CBP regulations are being amended to reflect this extension through 
December 4, 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 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. 01-86 contains the Designated List of 
archaeological and ethnological

[[Page 87805]]

materials from Bolivia to which the restrictions apply.

DATES: Effective December 2, 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, 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 Bolivia \1\ on December 4, 2001, 
concerning the imposition of import restrictions on certain 
archaeological and ethnological materials from Bolivia. On December 7, 
2001, the U.S. Customs Service (U.S. Customs and Border Protection's 
predecessor agency) published Treasury Decision (T.D.) 01-86 in the 
Federal Register (66 FR 63490), 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.
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    \1\ In 2009, the new constitution of Bolivia changed the 
country's official name from the ``Republic of Bolivia'' to the 
``Plurinational State of Bolivia.''
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    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 October 11, 2016, after reviewing the findings and 
recommendations of the Cultural Property Advisory Committee, the 
Assistant Secretary for Educational and Cultural Affairs, United States 
Department of State, concluding that the cultural heritage of Bolivia 
continues to be in jeopardy from pillage of certain archaeological and 
ethnological materials, made the necessary determination 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 the extension of the import restrictions. The 
Designated List of Archaeological and Ethnological Material from 
Bolivia covered by these import restrictions is set forth in T.D. 01-
86. The Designated List may also be found at the following Web site 
address: https://eca.state.gov/cultural-heritage-center/cultural-property-protection/bilateral-agreements/bolivia.
    The restrictions on the importation of these archaeological and 
ethnological materials from Bolivia are to continue in effect through 
December 4, 2021. 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 
under 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 reason, 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 Bolivia by removing the words ``CBP Dec. 11-24'' in the column 
headed ``Decision No.'' and adding in their place the words ``CBP Dec. 
16-24.''

R. Gil Kerlikowske,
Commissioner, U.S. Customs and Border Protection.
    Approved: December 1, 2016.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2016-29279 Filed 12-2-16; 11:15 am]
 BILLING CODE 9111-14-P