[Federal Register Volume 87, Number 187 (Wednesday, September 28, 2022)]
[Rules and Regulations]
[Pages 58727-58729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20958]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Part 12

[CBP Dec. 22-24]
RIN 1515-AE76


Extension of Import Restrictions on Archaeological and 
Ecclesiastical Ethnological Materials From Guatemala

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

[[Page 58728]]

(CBP) regulations to reflect an extension of import restrictions on 
certain categories of archaeological and ecclesiastical ethnological 
materials from Guatemala to fulfill the terms of the new agreement, 
titled ``Memorandum of Understanding between the Government of the 
United States of America and the Government of the Republic of 
Guatemala Concerning the Imposition of Import Restrictions on 
Categories Of Archaeological and Ethnological Material of Guatemala.'' 
CBP Dec. 12-17, which contains the Designated List of archaeological 
and ecclesiastical ethnological material from Guatemala to which the 
restrictions apply, is being extended for an additional five years by 
this final rule.

DATES: Effective September 29, 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 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 (MOU) with the Republic of Guatemala (Guatemala) on 
September 29, 1997, concerning the imposition of import restrictions on 
archaeological material from the Pre-Columbian cultures of Guatemala 
(the 1997 MOU). The 1997 MOU included among the materials covered by 
the restrictions, the archaeological materials from the Peten Region of 
Guatemala, then subject to the emergency restrictions imposed by the 
former U.S. Customs Service (U.S. Customs and Border Protection's (CBP) 
predecessor agency) in Treasury Decision (T.D.) 91-34 (56 FR 15181 
(April 15, 1991)). These emergency import restrictions were imposed 
pursuant to 19 U.S.C. 2603(c) and 19 CFR 12.104g(b) and effective for a 
period of five years. They were subsequently extended pursuant to 19 
U.S.C. 2603(c)(3), for a three-year period by publication of T.D. 94-84 
in the Federal Register (59 FR 54817 (November 2, 1994)).
    On October 3, 1997, the former U.S. Customs Service published T.D. 
97-81 in the Federal Register (62 FR 51771), which amended 19 CFR 
12.104g(a) to reflect the imposition of restrictions on these materials 
and included a list designating the types of archaeological materials 
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 an 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 October 3, 1997, the 
import restrictions were subsequently extended and/or amended four (4) 
times. First, on September 30, 2002, the former U.S. Customs Service 
published a final rule (T.D. 02-56) in the Federal Register (67 FR 
61259) to extend the import restrictions for an additional five-year 
period.
    Second, on September 26, 2007, CBP published a final rule (CBP Dec. 
07-79) in the Federal Register (72 FR 54538) to extend the import 
restrictions for an additional five-year period.
    Third, on September 28, 2012, CBP published a final rule (CBP Dec. 
12-17) in the Federal Register (77 FR 59541) amending the CBP 
regulations to reflect the extension of import restrictions on 
archaeological materials and the addition of ecclesiastical 
ethnological materials of the Conquest and Colonial Periods of 
Guatemala, c. A.D. 1524 to 1821.
    Fourth and lastly, on September 28, 2017, CBP published a final 
rule (CBP Dec. 17-14) in the Federal Register (82 FR 45178) to extend 
the import restrictions for an additional five-year period through 
September 28, 2022.
    On January 6, 2022, the United States Department of State proposed 
in the Federal Register (87 FR 792) to extend the 1997 MOU between the 
United States and Guatemala concerning the import restrictions on 
certain categories of archaeological and ecclesiastical ethnological 
material from Guatemala. On May 5, 2022, after considering the views 
and recommendations of the Cultural Property Advisory Committee, the 
Assistant Secretary for Educational and Cultural Affairs, United States 
Department of State, determined that the cultural heritage of Guatemala 
continues to be in jeopardy from pillage of certain archeological and 
ecclesiastical ethnological materials, and that the import restrictions 
should be extended for an additional five years, pursuant to 19 U.S.C. 
2602(e). Pursuant to the new agreement, the existing import 
restrictions will remain in effect for an additional five years through 
September 28, 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 and ecclesiastical ethnological material 
are to continue to be in effect through September 28, 2027. Importation 
of such material from Guatemala 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/current-agreements-and-import-restrictions by 
selecting the material for ``Guatemala.''

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

[[Page 58729]]

purposes of publication in the Federal Register.

List of Subjects in 19 CFR Part 12

    Cultural property, Customs duties and inspection, Imports, 
Prohibited merchandise, and 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 Guatemala 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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                              * * * * * * *
Guatemala.....................  Archaeological          CBP Dec. 12-17
                                 material, c. 12,000     extended by CBP
                                 B.C. to A.D. 1524,      Dec. 22-24.
                                 and Hispanic period
                                 ecclesiastical
                                 ethnological
                                 material, c. A.D.
                                 1524 to 1821.
 
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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. 2022-20958 Filed 9-27-22; 8:45 am]
BILLING CODE 9111-14-P