[Federal Register Volume 83, Number 182 (Wednesday, September 19, 2018)]
[Rules and Regulations]
[Pages 47283-47284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20316]



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 Rules and Regulations
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 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
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  Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / 
Rules and Regulations  

[[Page 47283]]



DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Part 12

[CBP Dec. 18-11]
RIN 1515-AE40


Extension of Import Restrictions Imposed on Archaeological 
Material From Cambodia

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This document amends the U.S. Customs and Border Protection 
(CBP) regulations to reflect an extension of import restrictions on 
certain archaeological material from Cambodia. The restrictions, which 
were originally imposed by CBP Dec. 03-28, and last extended by CBP 
Dec. 13-15, are due to expire on September 19, 2018. The Acting Under 
Secretary for Public Diplomacy and Public 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 further extension 
through September 19, 2023. 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. CBP Dec. 08-40 contains the amended Designated List 
of archaeological material from Cambodia to which the restrictions 
apply.

DATES: Effective Date: September 19, 2018.

FOR FURTHER INFORMATION CONTACT: For regulatory aspects, Lisa L. 
Burley, Branch 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 Convention on Cultural Property Implementation Act, 
Public Law 97-446, 19 U.S.C. 2601 et seq. (hereinafter, ``the Cultural 
Property Implementation Act'' or ``the 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 
(hereinafter, ``1970 UNESCO Convention'' or ``the Convention'' (823 
U.N.T.S. 231 (1972))), the United States entered into a bilateral 
agreement, or Memorandum of Understanding (MOU), with Cambodia on 
September 19, 2003 to impose import restrictions on certain Khmer 
archaeological material from the 6th century through the 16th century 
A.D. On September 22, 2003, U.S. Customs and Border Protection (CBP) 
published a final rule (CBP Dec. 03-28) in the Federal Register (68 FR 
55000), which amended Sec.  12.104g(a) of title 19 of the Code of 
Federal Regulations (19 CFR 12.104g(a)) to reflect the imposition of 
these restrictions and included a list covering certain Khmer stone, 
metal and ceramic archaeological material. These import restrictions 
subsumed emergency import restrictions on certain stone archaeological 
material (T.D. 99-88), which were published in the Federal Register (64 
FR 67479) on December 2, 1999. These restrictions were to be effective 
through September 19, 2008.
    On September 19, 2008, CBP published a final rule (CBP Dec. 08-40) 
in the Federal Register (73 FR 54309), which amended 19 CFR 12.104g(a) 
to reflect the extension of these import restrictions for an additional 
period of five years until September 19, 2013. This document also 
amended the Designated List to include new categories of objects (glass 
and bone) and additional subcategories of stone and metal objects from 
the Bronze Age (c. 1500 B.C.-500 B.C.) and the Iron Age (c. 500 B.C.-
550 A.D.), covering archaeological material from the Bronze Age through 
the Khmer Era (16th c. A.D.).
    On January 7, 2013, the United States Department of State proposed 
in the Federal Register (78 FR 977) to extend the MOU between the 
United States and Cambodia concerning the imposition of import 
restrictions on archaeological material from Cambodia. On June 10, 
2013, the Assistant Secretary for Educational and Cultural Affairs, 
United States Department of State, made the determination to extend the 
import restrictions for an additional five years. On September 16, 
2013, CBP published a final rule (CBP Dec. 13-15) in the Federal 
Register (78 FR 56832), which further extended the import restrictions 
for an additional five years. The import restrictions are due to expire 
on September 19, 2018.
    Import restrictions listed 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 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.
    On April 11, 2018, the Assistant Secretary for Educational and 
Cultural Affairs, United States Department of State, after consultation 
with and recommendations by the Cultural Property Advisory Committee, 
determined that the cultural heritage of Cambodia continues to be in 
jeopardy from pillage of certain archaeological material and that the 
import restrictions should be extended 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 amended Designated List of archaeological material 
from Cambodia covered by these import restrictions is set forth in CBP 
Dec. 08-40.
    The Designated List and additional information may also be found at 
the following website address: https://

[[Page 47284]]

eca.state.gov/cultural-heritage-center/cultural-property-protection/
bilateral-agreements by clicking on ``Cambodia.'' The restrictions on 
the importation of archaeological material from Cambodia are to 
continue in effect through September 19, 2023. Importation of such 
material from Cambodia 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). 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

    CBP has determined that this document is not a regulation or rule 
subject to the provisions of Executive Order 12866 or Executive Order 
13771 because it pertains to a foreign affairs function of the United 
States, as described above, and therefore is specifically exempted by 
section 3(d)(2) of Executive Order 12866 and section 4(a) of Executive 
Order 13771.

Signing Authority

    This regulation is being issued in accordance with 19 CFR 
0.1(a)(1), pertaining to the Secretary of the Treasury's authority (or 
that of his/her delegate) to approve regulations related to customs 
revenue functions.

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(a), the table is amended in the entry for Cambodia 
by removing the words ``CBP Dec. 13-15'' in the column headed 
``Decision No.'' and adding in its place the words ``CBP Dec. 18-11''.

Kevin K. McAleenan,
Commissioner, U.S. Customs and Border Protection.
    Approved: September 13, 2018.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2018-20316 Filed 9-18-18; 8:45 am]
 BILLING CODE 9111-14-P