[Federal Register Volume 89, Number 49 (Tuesday, March 12, 2024)]
[Rules and Regulations]
[Pages 17727-17728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05345]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Part 12

[CBP Dec. 24-06]
RIN 1515-AE86


Extension of Import Restrictions Imposed on Archaeological and 
Ecclesiastical Ethnological Material From Honduras

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 extend import restrictions on certain 
archaeological and ecclesiastical ethnological material from Honduras. 
The Assistant Secretary for Educational and Cultural Affairs, United 
States Department of State, has made the requisite determinations for 
extending the import restrictions, which were originally imposed by CBP 
Decision (CBP Dec.) 04-08 and last extended by CBP Dec. 19-03. The 
United States and Honduras have also agreed to extend the restrictions 
for an additional five-year period. Accordingly, these import 
restrictions will remain in effect for an additional five years, and 
the CBP regulations are being amended to reflect this further extension 
through March 12, 2029.

DATES: Effective March 12, 2024.

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

    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)) (the Convention), allows for the conclusion of an 
agreement between the United States and another party to the Convention 
to impose import restrictions on eligible archaeological and 
ethnological materials. Under the CPIA and the applicable U.S. Customs 
and Border Protection (CBP) regulations, found in Sec. Sec.  12.104 
through 12.104i of title 19 of the Code of Federal Regulations (19 CFR 
12.104 through 12.104i), 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 March 12, 2004, the United States entered into a bilateral 
agreement with the Republic of Honduras (Honduras) to impose import 
restrictions on certain archaeological material representing the Pre-
Columbian cultures of Honduras and ranging in date from approximately 
1200 B.C. to 1500 A.D. On March 16, 2004, CBP published a final rule 
(CBP Dec. 04-08) in the Federal Register (69 FR 12267), which amended 
19 CFR 12.104g(a) to reflect the imposition of these restrictions, and 
included a list designating the types of archaeological materials 
covered by the restrictions.
    The import restrictions were subsequently extended three times in 
accordance with 19 U.S.C. 2602(e) and 19 CFR 12.104g(a), and the 
designated list was amended once. On March 11, 2009, CBP published a 
final rule (CBP Dec. 09-05) in the Federal Register (74 FR 10482), 
which amended Sec.  12.104g(a) to reflect the extension of these import 
restrictions for an additional five years. On March 12, 2014, CBP 
published a final rule (CBP Dec. 14-03) in the Federal Register (79 FR 
13873), which amended Sec.  12.104g(a) to reflect the extension of 
these import restrictions for an additional five years as well as 
amending the Designated List to add restrictions on ecclesiastical 
ethological material dating to the Colonial period of Honduras, c. A.D. 
1502 to 1821.
    Subsequently, on March 5, 2019, the United States and Honduras 
entered into a superseding memorandum of understanding (MOU), that 
extended the import restrictions for an additional five years. On March 
12, 2019, CBP published a final rule (CBP Dec. 19-03) in the Federal 
Register (84 FR 8807), which amended Sec.  12.104g(a) to reflect the 
extension of these import restrictions for an additional five years. 
These import restrictions are due to expire on March 12, 2024.
    On August 8, 2023, the United States Department of State proposed 
in the Federal Register (88 FR 53576) to extend the MOU. On January 24, 
2024, 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, made the 
necessary determinations to extend the import restrictions for an 
additional five years. Following an exchange of diplomatic notes, the 
United States Department of State and the Government of the Republic of 
Honduras have agreed to extend the restrictions for an additional five-
year period, through March 12, 2029.
    Accordingly, CBP is amending 19 CFR 12.104g(a) to reflect the 
extension of these import restrictions. The restrictions on the 
importation of archaeological and ecclesiastical ethnological material 
from Honduras will continue in effect through March 12, 2029. 
Importation of such material from Honduras 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 ``Honduras.''

[[Page 17728]]

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).

Executive Orders 12866 and 13563

    Executive Orders 12866 (as amended by Executive Order 14094) and 
13563 direct agencies to assess the costs and benefits of available 
regulatory alternatives and, if regulation is necessary, to select 
regulatory approaches that maximize net benefits (including potential 
economic, environmental, public health and safety effects, distributive 
impacts, and equity). Executive Order 13563 emphasizes the importance 
of quantifying both costs and benefits, of reducing costs, of 
harmonizing rules, and of promoting flexibility. CBP has determined 
that this document is not a regulation or rule subject to the 
provisions of Executive Orders 12866 and 13563 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 and, by extension, Executive Order 13563.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as amended 
by the Small Business Regulatory Enforcement Fairness Act of 1996, 
requires an agency to prepare and make available to the public a 
regulatory flexibility analysis that describes the effect of a proposed 
rule on small entities (i.e., small businesses, small organizations, 
and small governmental jurisdictions) when the agency is required to 
publish a general notice of proposed rulemaking for a rule. Since a 
general notice of proposed rulemaking is not necessary for this rule, 
CBP is not required to prepare a regulatory flexibility analysis for 
this rule.

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 the 
Secretary's delegate) to approve regulations related to customs revenue 
functions.
    Troy A. Miller, the Senior Official Performing the Duties of the 
Commissioner, having reviewed and approved this document, has delegated 
the authority to electronically sign this document to the Director (or 
Acting Director, if applicable) 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 Honduras to read as follows:


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

    (a) * * *

------------------------------------------------------------------------
          State party              Cultural property      Decision No.
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                              * * * * * * *
Honduras......................  Archaeological          CBP Dec. 14-03
                                 material of Pre-        extended by CBP
                                 Columbian cultures      Dec. 24-06.
                                 ranging approximately
                                 from 1200 B.C. to
                                 1500 A.D, and
                                 ecclesiastical
                                 ethnological
                                 materials dating from
                                 the Colonial Period,
                                 c. A.D. 1502 to 1821.
 
 
                              * * * * * * *
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* * * * *

Robert F. Altneu,
Director, Regulations and Disclosure Law Division, Regulations and 
Rulings, Office of Trade, U.S. Customs and Border Protection.
Aviva R. Aron-Dine,
Acting Assistant Secretary of the Treasury for Tax Policy.
[FR Doc. 2024-05345 Filed 3-8-24; 4:15 pm]
BILLING CODE 9111-14-P