[Federal Register Volume 88, Number 36 (Thursday, February 23, 2023)]
[Rules and Regulations]
[Pages 11386-11388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03729]


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DEPARTMENT OF HOMELAND SECURITY

 U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Part 12

[CBP Dec. 23-02]
RIN 1515-AE78


Extension of Import Restrictions Imposed on Certain 
Archaeological Material of Belize

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 material of Belize. The Assistant Secretary for 
Educational and Cultural Affairs, United States Department of State 
(Department of State), has determined that conditions continue to 
warrant the imposition of import restrictions and that no cause for 
suspension exists. The restrictions, originally imposed by CBP Dec. 13-
05, will be extended for an additional five-year period through 
February 23, 2028, and the CBP regulations are being amended to reflect 
this extension. CBP Dec. 13-05 contains the Designated List of 
archaeological materials from Belize to which the restrictions apply.

DATES: Effective on February 23, 2023.

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

    Under the Convention on Cultural Property Implementation Act (Pub. 
L. 97-446, 19 U.S.C. 2601 et seq.) (CPIA), 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)) (Convention), the United States may enter 
into an international agreement with another State Party to the 
Convention to impose import restrictions on eligible archaeological and 
ethnological materials. Under CPIA and the applicable U.S. Customs and 
Border Protection (CBP) regulations, found in section 12.104 of title 
19 of the Code of Federal Regulations (19 CFR 12.104), the restrictions 
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 
(19 U.S.C. 2602(b)). This period may be extended for additional 
periods, each extension not to exceed five years, if it is determined 
that the factors justifying the initial agreement still pertain and no 
cause for suspension of the agreement exists (19 U.S.C. 2602(e); 19 CFR 
12.104g(a)).
    On February 27, 2013, the United States entered into a memorandum 
of understanding with the Government of Belize (Belize), concerning the 
imposition of import restrictions on certain categories of 
archaeological material of Belize (2013 MOU). On March 5, 2013, CBP 
published a final rule, CBP Dec. 13-05, in the Federal Register (78 FR 
14183), amending 19 CFR 12.104g(a) to reflect the imposition of 
restrictions on this material, including a list designating the types 
of

[[Page 11387]]

archaeological material covered by the restrictions. Consistent with 
the requirements of 19 U.S.C. 2602(b) and 19 CFR 12.104g, these 
restrictions were effective for a period of five years, through 
February 27, 2018.
    The import restrictions were subsequently extended once in 
accordance with 19 U.S.C. 2602(e) and 19 CFR 12.104g(a)). On February 
23, 2018, the United States entered into a memorandum of understanding 
with Belize to extend the import restrictions (2018 MOU). Accordingly, 
CBP published a final rule, CBP Dec. 18-02, in the Federal Register (83 
FR 8354) reflecting the agreement to extend the import restrictions for 
an additional five-year period.
    On June 21, 2022, the United States Department of State (Department 
of State) proposed in the Federal Register (87 FR 36910) to extend the 
MOU between the United States and Belize concerning the import 
restrictions on certain categories of archaeological material from 
Belize. On December 9, 2022, after considering the views and 
recommendations of the Cultural Property Advisory Committee, the 
Assistant Secretary for Educational and Cultural Affairs, Department of 
State, determined that the cultural heritage of Belize continues to be 
in jeopardy from pillage of certain archeological material, and that 
the import restrictions should be extended for an additional five 
years, in accordance with 19 U.S.C. 2602(e). Through the exchange of 
diplomatic notes, the Department of State and the Ministry of Foreign 
Affairs of the Government of Belize have agreed to extend the 2018 MOU 
for an additional five-year period.
    Accordingly, CBP is amending 19 CFR 12.104g(a) to reflect the 
extension of the import restrictions. The restrictions on the 
importation of archaeological material are to extend through February 
23, 2028. Importation of such material from Belize 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 ``Belize.''

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 of CBP, having reviewed and 
approved this document, has delegated the authority to electronically 
sign this document to Robert F. Altneu, 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 exchange programs, Cultural property, Foreign relations, 
Freight, Imports, Prohibited or restricted importations, 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 Belize 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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                                                  * * * * * * *
Belize..................................  Archaeological material, representing       CBP Dec. 13-05 extended by
                                           Belize's cultural heritage that is at       CBP Dec. 23-02.
                                           least 250 years old, dating from the Pre-
                                           Ceramic (from approximately 9000 B.C.),
                                           Pre-Classic, Classic, and Post-Classic
                                           Periods of the Pre-Columbian era through
                                           the Early and Late Colonial Periods.
 
                                                  * * * * * * *
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* * * * *

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

[[Page 11388]]

Thomas C. West, Jr.,
Deputy Assistant Secretary of the Treasury for Tax Policy.
[FR Doc. 2023-03729 Filed 2-22-23; 8:45 am]
BILLING CODE 9111-14-P