[Federal Register Volume 87, Number 110 (Wednesday, June 8, 2022)]
[Rules and Regulations]
[Pages 34775-34777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12299]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Part 12

[CBP Dec. 22-11]
RIN 1515-AE73


Extension of Import Restrictions Imposed on Certain 
Archaeological Artifacts and Ethnological Material From Peru

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 categories of archaeological artifacts and ethnological 
material of the Republic of Peru. The restrictions, which were 
originally imposed by Treasury Decision (T.D.) 97-50 and last extended 
by CBP Decision (CBP Dec.) 17-03, are due to expire on June 9, 2022, 
unless extended. 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 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 through June 8, 
2027. CBP-Dec. 17-03 contains the Designated List of archeological 
artifacts and ethnological material from Peru to which the restrictions 
apply.

DATES: Effective on June 9, 2022.

FOR FURTHER INFORMATION CONTACT: For legal aspects, W. Richmond 
Beevers, 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

[[Page 34776]]

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 Republic of Peru (Peru) on June 9, 1997, concerning 
the imposition of import restrictions on archaeological material from 
the Pre-Hispanic cultures and certain ethnological material from the 
Colonial period of Peru (the Memorandum of Understanding (MOU) between 
the United States of America and the Republic of Peru).
    On June 11, 1997, the U.S. Customs Service (U.S. Customs and Border 
Protection's predecessor agency) published Treasury Decision (T.D.) 97-
50 in the Federal Register (62 FR 31713), 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 designating the types of archaeological and 
ethnological material covered by the restrictions. These restrictions 
continued the protection of archaeological material from the 
Sip[aacute]n Archaeological Region forming part of the remains of the 
Moche culture that were first subject to emergency import restrictions 
on May 7, 1990 (T.D. 90-37), which were extended on June 27, 1994 (T.D. 
94-54).
    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 no more than five years if it is 
determined that the factors which justified the agreement still pertain 
and no cause for suspension of the agreement exists. See 19 CFR 
12.104g(a).
    Since the initial final rule was published on June 11, 1997, the 
import restrictions were subsequently extended four (4) times. First, 
on June 6, 2002, following the exchange of diplomatic notes, the former 
U.S. Customs Service published a final rule (T.D. 02-30) in the Federal 
Register (67 FR 38877) to extend the import restrictions for a period 
of five years. Second, on June 6, 2007, following the exchange of 
diplomatic notes, CBP published a final rule (CBP Dec. 07-27) in the 
Federal Register (72 FR 31176) to extend the import restrictions for an 
additional five-year period. Third, on June 7, 2012, following the 
exchange of diplomatic notes, CBP published a final rule (CBP Dec. 12-
11) in the Federal Register (77 FR 33624) to extend the import 
restrictions for an additional five-year period. Fourth and lastly, on 
June 7, 2017, following the exchange of diplomatic notes, CBP published 
a final rule (CBP Dec. 17-03) in the Federal Register (82 FR 26340) to 
extend the import restrictions for an additional five-year period 
through June 8, 2022.
    On September 13, 2021, the United States Department of State 
proposed in the Federal Register (86 FR 50931) to extend the MOU 
between the United States and Peru concerning the import restrictions 
on certain categories of archaeological and ethnological material from 
Peru. On March 15, 2022, after consultation with and recommendations by 
the Cultural Property Advisory Committee, the Assistant Secretary for 
Educational and Cultural Affairs, United States Department of State, 
determined that the cultural heritage of Peru continues to be in 
jeopardy from pillage of certain archeological 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 through June 8, 2027.
    Accordingly, CBP is amending 19 CFR 12.104g(a) to reflect the 
extension of the import restrictions. The restrictions on the 
importation of archaeological artifacts and ethnological material are 
to continue to be in effect through June 8, 2027. Importation of such 
material from Peru 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 ``Peru.''

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.
    Chris Magnus, the Commissioner of CBP, having reviewed and approved 
this document, has delegated 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 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;
* * * * *

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


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

    (a) * * *

[[Page 34777]]



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               State party                         Cultural property                     Decision No.
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                                                  * * * * * * *
Peru.....................................  Archaeological artifacts and       CBP Dec. 22-11.
                                            ethnological material from Peru.
 
                                                  * * * * * * *
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Robert F. Altneu,
Director, Regulations & Disclosure Law Division, Regulations & Rulings, 
Office of Trade, U.S. Customs and Border Protection.

    Approved:
Thomas C. West Jr.,
Deputy Assistant Secretary of the Treasury for Tax Policy.
[FR Doc. 2022-12299 Filed 6-7-22; 8:45 am]
BILLING CODE 9111-14-P