[Federal Register Volume 86, Number 47 (Friday, March 12, 2021)]
[Rules and Regulations]
[Pages 13993-13995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05173]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Part 12

[CBP Dec. 21-05]
RIN 1515-AE61


Extension of Import Restrictions Imposed on Certain 
Archaeological and Ethnological Materials From Colombia

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 
certain archaeological and ecclesiastical ethnological material from 
Colombia. The restrictions, which were originally imposed by CBP Dec. 
06-09 and last extended by CBP Dec. 16-05, are due to expire on March 
15, 2021. The Assistant Secretary for Educational and Cultural Affairs, 
United States Department of State, has made the requisite 
determinations for extending the import restrictions that previously 
existed, and the Government of the United States and the Government of 
Colombia entered into a new agreement to reflect the extension of these 
import restrictions. The new agreement, which enters into force on 
March 10, 2021, supersedes the existing Memorandum of Understanding 
(MOU) that became effective on March 15, 2006, and enabled the 
promulgation of the existing import restrictions. Accordingly, the 
import restrictions will remain in effect for an additional five years, 
and the CBP regulations are being amended to reflect this further 
extension until March 10, 2026. CBP Dec. 06-09 contains the amended 
Designated List of archaeological and ecclesiastical ethnological 
material from Colombia to which the restrictions apply.

DATES: Effective on March 10, 2021.

FOR FURTHER INFORMATION CONTACT: For legal 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, Pinky Khan, 
Branch Chief, Commercial Targeting and Analysis Center, Trade Policy 
and Programs, Office of Trade, (202) 427-2018, [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., 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 Memorandum 
of Understanding, titled ``Memorandum of Understanding Between the 
Government of the United States of America and the Government of the 
Republic of Colombia Concerning the Imposition of Import Restrictions 
on Archaeological Material from the Pre-Columbian Cultures and Certain 
Ecclesiastical Ethnological Material from the Colonial Period of 
Colombia'' (MOU), with the Republic of Colombia (Colombia) on March 15, 
2006. The MOU enabled the promulgation of import restrictions on 
certain archaeological material representing Colombia's pre-Colombian 
cultures and ranging in date from approximately 1500 B.C. to A.D. 1530, 
and Colombian ecclesiastical ethnological material of the Colonial 
period ranging in date from approximately A.D. 1530 to 1830. On March 
17, 2006, CBP published CBP Dec. 06-09 in the Federal Register (71 FR 
13757), 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.
    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.
    Since the initial notice was published on March 17, 2006, the 
import restrictions were subsequently extended two (2) times. First, on 
March 15, 2011, following the exchange of diplomatic notes, CBP 
published a final rule (CBP

[[Page 13994]]

Dec. 11-06) in the Federal Register (76 FR 13879) to extend the import 
restrictions for a period of five years to March 15, 2016. Second, on 
March 15, 2016, following the exchange of diplomatic notes, CBP 
published a final rule (CBP Dec. 16-05) in the Federal Register (81 FR 
13721) to extend the import restriction for an additional five-year 
period to March 15, 2021.
    On June 8, 2020, the United States Department of State proposed in 
the Federal Register (85 FR 35156) to extend the MOU between the United 
States and Colombia concerning the imposition of import restrictions on 
certain categories of archeological and ecclesiastical ethnological 
material from Colombia. On January 6, 2021, 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 Colombia 
continues to be in jeopardy from pillage of certain archaeological and 
ecclesiastical ethnological material, and that the import restrictions 
should be extended for an additional five years. Subsequently, on March 
4, 2021, the Government of the United States and Government of Colombia 
entered into a new agreement, titled ``Agreement between the Government 
of the United States of America and the Government of the Republic of 
Colombia Concerning the Imposition of Import Restrictions on Categories 
of Archaeological and Ethnological Materials of the Republic of 
Colombia,'' which is effective on March 10, 2021. The new agreement 
supersedes the existing MOU that first entered into force on March 15, 
2006. Pursuant to the new agreement, the import restrictions will 
remain in effect for an additional five years.
    Accordingly, CBP is amending 19 CFR 12.104g(a) to reflect the 
extension of the import restrictions. The restrictions on the 
importation of archaeological and ecclesiastical ethnological material 
are to continue in effect until March 10, 2026. Importation of such 
material from Colombia 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.
    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 material for ``Colombia.''

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 Order 12866

    CBP has determined that this document is not a regulation or rule 
subject to the provisions of Executive Order 12866 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.

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, Reporting and recordkeeping requirements.

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;
* * * * *

0
2. In Sec.  12.104g, in the table in paragraph (a) amend the entry for 
Colombia by removing the words ``CBP Dec. 06--09 extended by CBP Dec. 
16--05'' in the column headed ``Decision No.'', and adding in their 
place the words ``CBP Dec. 06--09 extended by CBP Dec. 21--05''.

0
2. In Sec.  12.104g, amend the table in paragraph (a) by revising the 
entry for Colombia to read as follows:


Sec.  12.104g   Specific items or categories designated by agreements 
or emergency actions.

    (a) * * *

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            State party                             Cultural property                        Decision No.
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                                                  * * * * * * *
Colombia...........................  Pre-Columbian archaeological material ranging    CBP Dec. 06--09 extended
                                      approximately from 1500 B.C. to 1530 A.D. and    by CBP Dec. 21--05.
                                      ecclesiastical ethnological material of the
                                      Colonial period ranging approximately from
                                      A.D. 1530 to 1830.
 
                                                  * * * * * * *
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[[Page 13995]]

    Troy A. Miller, the Senior Official Performing the Duties of the 
Commissioner, having reviewed and approved this document, is delegating 
the authority to electronically sign this 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: March 9, 2021.
Timothy E. Skud
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2021-05173 Filed 3-10-21; 8:45 am]
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