[Federal Register Volume 86, Number 230 (Friday, December 3, 2021)]
[Rules and Regulations]
[Pages 68544-68546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26340]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Part 12

[CBP Dec. 21-18]
RIN 1515-AE69


Extension of Import Restrictions Imposed on Certain 
Archaeological and Ethnological Material of Bolivia

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 ethnological material of the Plurinational 
State of Bolivia (Bolivia). The restrictions, which were originally 
imposed by Treasury Decision (T.D.) 01-86 and last extended by CBP 
Decision (CBP Dec.) 16-24, are due to expire on December 4, 2021. The 
Acting Assistant Secretary for Educational and Cultural Affairs, United 
States Department of State, has determined that factors continue to 
warrant the imposition of import restrictions and no cause for 
suspension exists. Pursuant to the exchange of diplomatic notes to 
extend the agreement, 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 December 4, 2026. T.D. 01-86 
contains the Designated List of archaeological and ethnological 
material from Bolivia to which the restrictions apply.

DATES: Effective December 4, 2021.

FOR FURTHER INFORMATION CONTACT: For legal aspects, W. Richmond 
Beevers, Branch Chief, Cargo Security, Carriers and Restricted 
Merchandise Branch, Regulations and Rulings, Office of Trade, (202) 
325-0084, [email protected]. For operational aspects, 
Julie L. Stoeber, Chief, 1USG Branch, Trade Policy and Programs, Office 
of Trade, (202) 945-7064, [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 bilateral 
agreement with the Plurinational State of Bolivia (Bolivia) \1\ on 
December 4, 2001, concerning the imposition of import restrictions on 
certain archaeological and ethnological material of Bolivia. On 
December 7, 2001, the U.S. Customs Service (U.S. Customs and Border 
Protection's predecessor agency) published Treasury Decision (T.D.) 01-
86 in the Federal Register (66 FR 63490), which amended section 
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 designating the types of articles covered by the 
restrictions.
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    \1\ In 2009, the new constitution of Bolivia changed the 
country's official name from the ``Republic of Bolivia'' to the 
``Plurinational State of Bolivia.''
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    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 final rule was published on December 7, 2001, the 
import restrictions were subsequently extended three (3) times. First, 
on December 1, 2006, following the exchange of diplomatic notes, U.S. 
Customs and Border Protection (CBP) published a final rule (CBP Dec. 
06-26) in the Federal Register (71 FR 69477) to extend the import 
restrictions for a period of five years to December 4, 2011. Second, on 
December 1, 2011, following the exchange of diplomatic notes, CBP 
published a final rule (CBP Dec. 11-24) in the Federal Register (76

[[Page 68545]]

FR 74690) to extend the import restrictions for an additional five-year 
period to December 4, 2016. Third, on December 6, 2016, following the 
exchange of diplomatic notes, CBP published a final rule (CBP Dec. 16-
24) in the Federal Register (81 FR 87804) to extend the import 
restrictions for an additional five-year period to December 4, 2021.
    On September 14, 2020, the United States Department of State 
proposed in the Federal Register (85 FR 56681) to extend the Memorandum 
of Understanding (MOU) between the United States and Bolivia concerning 
the imposition of import restrictions on certain categories of 
archaeological and ethnological material from Bolivia. On April 20, 
2021, the Acting 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 Bolivia continues to be in jeopardy from 
pillage of certain archaeological and ethnological material, and that 
the import restrictions should be extended for an additional five 
years. Pursuant to the exchange of diplomatic notes to extend the 
agreement, 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 December 4, 2026.
    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 ethnological material are to continue 
in effect until December 4, 2026. Importation of such material from 
Bolivia 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 ``Bolivia.''

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.
    Troy A. Miller, the Acting 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.

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, amend the table in paragraph (a) by revising the 
entry for Bolivia 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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                              * * * * * * *
Bolivia.........................  Archaeological and  T.D. 01-86
                                   Ethnological        extended by CBP
                                   Material from       Dec. 21-18.
                                   Bolivia.
 
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[[Page 68546]]

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

    Approved: November 30, 2021.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2021-26340 Filed 12-1-21; 4:15 pm]
BILLING CODE 9111-14-P