[Federal Register Volume 82, Number 187 (Thursday, September 28, 2017)]
[Rules and Regulations]
[Pages 45178-45179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20785]



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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Part 12

[CBP Dec. 17-14]
RIN 1515-AE33


Extension of Import Restrictions on Archaeological and 
Ecclesiastical Ethnological Materials From Guatemala

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 U.S. Customs and Border Protection 
(CBP) regulations to reflect the extension of import restrictions on 
certain archaeological and ecclesiastical ethnological materials from 
Guatemala. These restrictions, which were last extended and revised by 
CBP Dec. 12-17, are due to expire on September 29, 2017, unless 
extended. The Acting Assistant Secretary for Educational and Cultural 
Affairs, United States Department of State (Department of State), has 
determined that conditions continue to warrant the imposition of import 
restrictions. Accordingly, the restrictions will remain in effect for 
an additional five years, and the CBP regulations are being amended to 
indicate this additional extension. These restrictions are being 
extended pursuant to determinations of the Department of State under 
the terms of the Convention on Cultural Property Implementation Act, 
which implements the 1970 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. 12-17 contains the Designated List of 
archaeological and ecclesiastical ethnological materials that describes 
the articles to which the restrictions apply.

DATES: Effective September 29, 2017.

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, 
[email protected]. 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 Convention on Cultural Property 
Implementation Act (hereafter, the Cultural Property Implementation Act 
or the Act) (Pub. L. 97-446, 19 U.S.C. 2601 et seq.), which implements 
the 1970 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 (hereinafter, the Convention), in U.S. law, the 
United States may enter into international agreements with other States 
Party to the Convention to impose import restrictions on eligible 
archaeological and ethnological materials under procedures and 
requirements prescribed by the Act. Under the Act and applicable CBP 
regulations (19 CFR 12.104g), the restrictions 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 (19 U.S.C. 
2602(b)). This period may be extended for additional periods, not to 
exceed five years, if it is determined that the factors justifying the 
initial agreement still pertain and no cause for suspension of the 
agreement exists (19 U.S.C. 2602(e); 19 CFR 12.104g(a)).
    In certain limited circumstances, the Cultural Property 
Implementation Act authorizes the imposition of restrictions on an 
emergency basis (19 U.S.C. 2603). Under the Act and applicable CBP 
regulations (19 CFR 12.104g(b)), emergency restrictions are effective 
for no more than five years from the date of the State Party's request 
and may be extended for three years where it is determined that the 
emergency condition continues to apply with respect to the covered 
materials (19 U.S.C. 2603(c)(3)); such restrictions may also be 
continued pursuant to an agreement concluded within the meaning of the 
Act (19 U.S.C. 2603(c)(4)).
    On April 15, 1991, under the authority of the Cultural Property 
Implementation Act, the former U.S. Customs Service published Treasury 
Decision (T.D.) 91-34 in the Federal Register (56 FR 15181) imposing 
emergency import restrictions on Pre-Columbian archaeological artifacts 
from the Peten Region of Guatemala and accordingly amended 19 CFR 
12.104g(b) pertaining to emergency import restrictions. These 
restrictions were effective for a period of five years and were 
subsequently extended for a three-year period by publication of T.D. 
94-84 in the Federal Register (59 FR 54817).
    On September 29, 1997, the United States entered into a bilateral 
agreement with Guatemala concerning the imposition of import 
restrictions on archaeological materials from the Pre-Columbian 
cultures of Guatemala (the 1997 Agreement). The 1997 Agreement included 
among the materials covered by the restrictions the archaeological 
materials then subject to the emergency restrictions imposed by T.D. 
91-34. On October 3, 1997, the former United States Customs Service 
published T.D. 97-81 in the Federal Register (62 FR 51771), which 
amended 19 CFR 12.104g(a) to reflect the imposition of restrictions on 
these materials and included a list designating the types of 
archaeological materials covered by the restrictions. These 
restrictions were to be effective through September 29, 2002. (T.D. 97-
81 also removed the emergency restrictions for Guatemala from the CBP 
regulations.)
    The restrictions were subsequently extended, in 2002 by T.D. 02-56 
(67 FR 61259); and in 2007 by Customs and Border Protection Decision 
(CBP Dec.) 07-79 (72 FR 54538), to September 29, 2012.
    In 2012, the Agreement was amended to include certain 
ecclesiastical ethnological materials of the Conquest and Colonial 
Periods of Guatemala, c. A.D. 1524 to 1821. On September 28, 2012, CBP 
published CBP Dec. 12-17 in the Federal Register (77 FR 59541), 
effective on September 29, 2012, amending CBP regulations to reflect 
the extension of import restrictions on archaeological materials and 
the addition of ecclesiastical ethnological materials covered by the 
restrictions (see 19 U.S.C. 2604, authorizing the Secretary of the 
Treasury, by regulation, to promulgate and, when appropriate, revise 
the list of designated archaeological and/or ethnological materials 
covered by an agreement between State Parties). The import restrictions 
are due to expire on September 29, 2017.
    On July 28, 2017, after reviewing the findings and recommendations 
of the Cultural Property Advisory Committee, the Acting Assistant 
Secretary for Educational and Cultural Affairs, Department of State, 
concluding that the cultural heritage of Guatemala continues to be in 
jeopardy from pillage of certain archaeological materials and certain 
ecclesiastical ethnological materials, made the necessary statutory 
determinations, and decided to extend the agreement with Guatemala for 
an additional five-year period to September 29, 2022. Diplomatic notes 
have been

[[Page 45179]]

exchanged that reflect the extension of the agreement. Accordingly, CBP 
is amending 19 CFR 12.104g(a) in order to reflect the extension of the 
import restrictions pursuant to the agreement.
    The Designated List of Archaeological Materials and Ecclesiastical 
Ethnological Materials from Guatemala covered by these import 
restrictions is set forth in CBP Dec. 12-17. The Designated List may 
also be found online at https://eca.state.gov/cultural-heritage-center/cultural-property-protection/bilateral-agreements/guatemala.
    The restrictions on the importation of these archaeological and 
ecclesiastical ethnological materials from Guatemala 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 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(a)  [Amended]

0
2. In Sec.  12.104g(a), the table of the list of agreements imposing 
import restrictions on described articles of cultural property of State 
Parties is amended in the entry for Guatemala by adding the words 
``extended by CBP Dec. 17-14'' after the words ``CBP Dec. 12-17'' in 
the column headed ``Decision No.''.

Kevin K. McAleenan,
Acting Commissioner, U.S. Customs and Border Protection.
    Approved: September 25, 2017.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2017-20785 Filed 9-27-17; 8:45 am]
BILLING CODE 9111-14-P