[Federal Register Volume 82, Number 134 (Friday, July 14, 2017)]
[Rules and Regulations]
[Pages 32452-32453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14822]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Part 12

[CBP Dec. 17-07]
RIN 1515-AE31


Extension of Import Restrictions Imposed on Archaeological 
Objects and Ecclesiastical and Ritual Ethnological Materials From 
Cyprus

AGENCY:  U.S. 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 an extension of import restrictions on 
Pre-Classical and Classical archaeological objects, and Byzantine and 
post-Byzantine ecclesiastical and ritual ethnological materials from 
Cyprus. The restrictions, which were originally imposed by Treasury 
Decision 02-37, and last extended by CBP Dec. 12-13, are due to expire 
on July 16, 2017. 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 July 16, 2022. 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. CBP Dec. 12-13 contains 
the Amended Designated List of all archaeological objects and Byzantine 
and Post-Byzantine ecclesiastical and ritual ethnological materials 
from Cyprus, to which the restrictions apply.

DATES: Effective July 16, 2017.

FOR FURTHER INFORMATION CONTACT: For regulatory 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 
(hereinafter, ``the Cultural Property Implementation Act'' or ``the 
Act'') (Pub. L. 97-446, 19 U.S.C. 2601 et seq.), the United States 
entered into a bilateral agreement with the Republic of Cyprus on July 
16, 2002, to impose import restrictions on certain archaeological 
materials representing the Pre-Classical and Classical periods ranging 
in date from approximately the 8th Millennium B.C. to approximately 330 
A.D. of Cyprus (``the 2002 Agreement''). On July 19, 2002, the former 
United States Customs Service (U.S. Customs and Border Protection's 
predecessor agency) published Treasury Decision (T.D.) 02-37 in the 
Federal Register (67 FR 47447), 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. These 
restrictions were to be effective through July 16, 2007.
    On August 17, 2006, the Republic of Cyprus and the United States 
amended the 2002 Agreement (covering Pre-Classical and Classical 
archeological materials) to include a list of Byzantine ecclesiastical 
and ritual ethnological materials dating from approximately the 4th 
century A.D. through approximately the 15th century A.D. that had been 
(and, at that time, were still) protected pursuant to an emergency 
action which was published in the Federal Register (64 FR 17529) on 
April 12, 1999. The amendment of the 2002 Agreement to cover both the 
archaeological materials and the ethnological materials was reflected 
in CBP Dec. 06-22, which was published in the Federal Register (71 FR 
51724) on August 31, 2006. CBP Dec. 06-22 contains the list of 
Byzantine ecclesiastical and ritual ethnological materials from Cyprus 
previously protected pursuant to the emergency action and announced 
that import restrictions, as of August 31, 2006, were imposed on this 
cultural property pursuant to the amended Agreement (19 U.S.C. 
2603(c)(4)). Thus, as of that date, the import restrictions covering 
materials described in CBP Dec. 06-22 were set to be effective through 
July 16, 2007.
    On July 13, 2007, CBP published CBP Dec. 07-52 in the Federal 
Register (72 FR 38470) which further extended the import restrictions 
to July 16, 2012. The Designated List was published with this decision.
    On July 13, 2012, CBP published CBP Dec. 12-13 in the Federal 
Register (77 FR 41266), effective on July 16, 2012, amending CBP 
regulations to reflect the extension of import restrictions and also to 
cover Post-Byzantine ecclesiastical and ritual ethnological materials 
ranging from approximately 1500 A.D. to approximately 1850 A.D. of 
Cyprus. The amended Designated List was published with the decision in 
CBP Dec. 12-13, which includes the unrevised list of covered 
archaeological objects, as well as Byzantine and post-Byzantine 
ecclesiastical and ritual ethnological materials. The import 
restrictions are due to expire on July 16, 2017.
    On August 1, 2012, CBP published a correcting amendment to CBP Dec. 
12-13 in the Federal Register (77 FR 45479) as the amended Designated 
List and the regulatory text in that document contained language which 
was inadvertently not consistent with the rest of the document as to 
the historical period that the import restrictions cover for 
ecclesiastical and ritual ethnological materials from Cyprus.
    Import restrictions listed in the Code of Federal Regulations (CFR) 
at 19 CFR 12.104g(a) are effective for no more than five years 
beginning on the date on which the agreement enters into force

[[Page 32453]]

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)).
    On July 12, 2016, the Department of State received a request by the 
Republic of Cyprus to extend the Agreement. The Department of State 
proposed to extend the import restrictions for an additional five years 
in a notice published in the Federal Register (81 FR 52946) on August 
10, 2016. On March 22, 2017, the Assistant Secretary for Educational 
and Cultural Affairs, State Department, after consultation with and 
recommendations by the Cultural Property Advisory Committee, determined 
that the cultural heritage of Cyprus continues to be in jeopardy from 
pillage of certain archaeological objects and certain ethnological 
materials and that the import restrictions should be extended for an 
additional five-year period to July 16, 2022. 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 Amended Designated List of archaeological objects and Byzantine 
and post-Byzantine ecclesiastical and ritual ethnological materials is 
set forth in CBP Dec. 12-13. The herein mentioned Agreements and the 
Designated List and amended Designated Lists may be found at the 
following Web site address: https://eca.state.gov/cultural-heritage-center/cultural-property-protection/bilateral-agreements by clicking on 
``Cyprus.''
    The restrictions on the importation of these archaeological, and 
ecclesiastical and ritual ethnological materials from Cyprus are to 
continue in effect through July 16, 2022. Importation of such materials 
from Cyprus continues to be restricted through that date 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 Orders 12866 and 13771

    Because this rule involves a foreign affairs function of the United 
States, it is not subject to either Executive Order 12866 or Executive 
Order 13771.

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 ``Cyprus'' by adding the words ``extended by CBP Dec. 17-07'' after 
the words ``CBP Dec. 12-13'' in the column headed ``Decision No.''.

Kevin K. McAleenan,
Acting Commissioner, U.S. Customs and Border Protection.

    Approved: July 11, 2017.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2017-14822 Filed 7-13-17; 8:45 am]
BILLING CODE 9111-14-P