[Federal Register Volume 86, Number 7 (Tuesday, January 12, 2021)]
[Rules and Regulations]
[Pages 2255-2256]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00499]



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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Part 12

[CBP Dec. 21-01]
RIN 1515-AE59


Extension of Import Restrictions Imposed on Categories of 
Archaeological Material of Italy

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 U.S. Customs and Border Protection (CBP) 
regulations to reflect an extension of import restrictions on certain 
categories of archaeological material of the Italian Republic (Italy). 
The restrictions, which were originally imposed by Treasury Decision 
01-06 and last extended by CBP Decision (CBP Dec.) 16-02, are due to 
expire on January 12, 2021. The Assistant Secretary for Educational and 
Cultural Affairs, United States Department of State, has made the 
requisite determination for extending the import restrictions that 
previously existed and entered into a new Memorandum of Understanding 
(MOU) with Italy to reflect the extension of these import restrictions. 
The new MOU supersedes the existing MOU that was entered into on 
January 19, 2001, and previously extended, most recently until January 
12, 2021. 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 January 12, 2026. CBP Dec. 11-03 
contains the amended Designated List of archaeological material of 
Italy to which the restrictions apply.

DATES: Effective on January 12, 2021.

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) 325-0300, [email protected]. For operational aspects, Genevieve S. 
Dozier, Management and Program Analyst, Commercial Targeting and 
Analysis Center, Trade Policy and Programs, Office of Trade, (202) 945-
2942, [email protected].

SUPPLEMENTARY INFORMATION:

I. 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'') 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 (823 U.N.T.S. 231 
(1972)), the United States entered into a bilateral agreement with the 
Italian Republic (Italy) on January 19, 2001, concerning the imposition 
of import restrictions on archaeological material representing the pre-
Classical, Classical, and Imperial Roman periods (``the prior MOU'').
    On January 23, 2001, the former U.S. Customs Service (now U.S. 
Customs and Border Protection (CBP)) published Treasury Decision 01-06 
in the Federal Register (66 FR 7399), 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 types of archaeological material.
    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 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.
    Since the final rule was published on January 23, 2001, the import 
restrictions that became effective on January 19, 2001, have been 
extended three times pursuant to exchanges of diplomatic notes as 
reflected in subsequent final rules. First, on January 19, 2006, CBP 
published CBP Decision (CBP Dec.) 06-01 in the Federal Register (71 FR 
3000) which amended 19 CFR 12.104g(a) to reflect the extension for an 
additional period of five years. Second, on January 19, 2011, CBP 
published CBP Dec. 11-03 in the Federal Register (76 FR 3012) to extend 
the import restrictions for an additional five-year period. CBP Dec. 
11-03 also reflects an amendment to the Designated List to include the 
subcategory ``Coins of Italian Types'' as part of the category entitled 
``Metal,'' pursuant to 19 U.S.C. 2604. Third, on January 15, 2016, CBP 
published CBP Dec. 16-02 in the Federal Register (81 FR 2086) to 
further extend the import restrictions. This extension was pursuant to 
the exchange of diplomatic notes that took place between the United 
States and Italy, with entry into force on January 12, 2016, thus the 
extension of the import restrictions was implemented for an additional 
five-year period ending on January 12, 2021. See 19 CFR 12.104g(a); 81 
FR 2086.
    On September 29, 2020, the Assistant Secretary for Educational and 
Cultural Affairs, United States Department of State, after consultation 
with and recommendation by the Cultural Property Advisory Committee, 
determined that the cultural heritage of Italy continues to be in 
jeopardy from pillage of certain archaeological material representing 
the pre-Classical, Classical, and Imperial Roman periods and that the 
import restrictions should be extended for an additional five years. 
Subsequently, a new MOU was concluded between the United States and 
Italy on October 29, 2020. The new MOU supersedes and replaces the 
prior MOU of January 19, 2001, as amended and extended. The new MOU 
extends the import restrictions that went into effect under the prior 
MOU, as amended and extended, for five years from entry into force of 
the new MOU on January 12, 2021. The new MOU is titled: ``Memorandum of 
Understanding between the Government of the United States of America 
and the Government of the Italian Republic Concerning the Imposition of 
Import Restrictions on Categories of Archaeological Material of 
Italy.'' Accordingly, CBP is amending 19 CFR 12.104g(a) to reflect the 
extension of the import restrictions.
    The restrictions on the importation of categories of archaeological 
material of Italy are to continue in effect until January 12, 2026. 
Importation of such materials from Italy continues to be restricted 
until that date unless the conditions set forth in 19 U.S.C. 2606 and 
19 CFR 12.104c are met.
    The Designated List of pre-Classical, Classical and Imperial Roman 
period archaeological material from Italy covered by these import 
restrictions is set forth in CBP Dec. 11-03. The Designated List and 
additional information may also be found at the following website 
address: https://eca.state.gov/cultural-heritage-center/cultural-property-advisory-committee/current-import-restrictions by selecting 
the materials for ``Italy.''

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).

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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, and Reporting and recordkeeping requirements.

Amendments to the 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, amend the table in paragraph (a), in the entry for 
Italy, by removing the words ``CBP Dec. 16-02'' and adding in their 
place the words ``CBP Dec. 21-01''.
    Mark A. Morgan, the Chief Operating Officer and Senior Official 
Performing the Duties of the Commissioner, having reviewed and approved 
this document, is delegating the authority to electronically sign this 
notice document to Robert F. Altneu, who is the Director of the 
Regulations and Disclosure Law Division for CBP, for purposes of 
publication in the Federal Register.

Robert F. Altneu,
Director, Regulations & Disclosure Law Division, Regulations & Rulings, 
Office of Trade, U.S. Customs and Border Protection.

    Approved: January 7, 2021.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2021-00499 Filed 1-11-21; 8:45 am]
BILLING CODE 9111-14-P