[Federal Register Volume 89, Number 100 (Wednesday, May 22, 2024)]
[Rules and Regulations]
[Pages 44921-44922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11177]



[[Page 44921]]

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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Part 12

[CBP Dec. 24-10]
RIN 1515-AE89


Import Restrictions Imposed on Archaeological and Ethnological 
Material From Ecuador; Correction

AGENCY: U.S. Customs and Border Protection, Department of Homeland 
Security; Department of the Treasury.

ACTION: Final rule; correction.

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SUMMARY: On February 14, 2020, U.S. Customs and Border Protection (CBP) 
published a final rule in the Federal Register (CBP Dec. 20-03) 
imposing import restrictions on certain archaeological and ethnological 
material from Ecuador, pursuant to a memorandum of understanding 
between the United States and Ecuador. This document corrects the 
expiration date of the import restrictions to February 11, 2025, to 
correspond with the date the import restrictions entered into force. 
The CBP regulations are being amended to reflect this correction. The 
Designated List of materials to which the restrictions apply remains 
unchanged.

DATES: The final rule is effective May 22, 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:

Correction

    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 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)).
    On May 22, 2019, the United States concluded a memorandum of 
understanding (``the MOU'') with the Republic of Ecuador, concerning 
the imposition of import restrictions on certain categories of 
archaeological and ethnological material of Ecuador. Pursuant to the 
terms of the MOU, the MOU entered into force upon the completion of the 
exchange of diplomatic notes on February 11, 2020. On February 14, 
2020, CBP published a final rule, CBP Dec. 20-03, in the Federal 
Register (85 FR 8389) (``the final rule'') amending title 19 of the 
Code of Federal Regulations (CFR) part 12, specifically Sec.  
12.104g(a), to reflect the imposition of restrictions on this material, 
including a list designating the types of archaeological and 
ethnological materials covered by the restrictions.
    The final rule erroneously stated the import restrictions entered 
into force on May 22, 2019, citing to the date of the signing of the 
MOU by both parties, and would expire on May 22, 2024. However, in 
accordance with the terms of the MOU, the restrictions actually entered 
into force upon the completion of the exchange of diplomatic notes. The 
parties exchanged the diplomatic notes on February 11, 2020, and not 
May 22, 2019, as the final rule stated. Thus, consistent with the 
requirements of 19 U.S.C. 2602(b) and 19 CFR 12.104g, the import 
restrictions will expire on February 11, 2025, unless extended. 
Accordingly, CBP is amending 19 CFR 12.104g(a) to reflect the 
correction of the expiration date.
    The Designated List remains unchanged and can be found in CBP Dec. 
20-03, and at the following website address: https://eca.state.gov/cultural-heritage-center/cultural-property-advisory-committee/current-import-restrictions by selecting the material for ``Ecuador.''

Inapplicability of Notice and Delayed Effective Date

    This rule 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, and Reporting and recordkeeping requirements.

[[Page 44922]]

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, the table in paragraph (a) is amended by revising 
the entry for Ecuador 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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                              * * * * * * *
Ecuador..................  Archaeological and        CBP Dec. 20-03,
                            ethnological material     corrected by CBP
                            representing Ecuador's    Dec. 24-10.
                            cultural heritage that
                            is at least 250 years
                            old, dating from the
                            Pre-ceramic
                            (approximately 12,000
                            B.C.), Formative,
                            Regional development,
                            Integration, Inka
                            periods and into the
                            Colonial period to A.D.
                            1769.
 
                              * * * * * * *
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* * * * *

Emily K. Rick,
Acting Director, Regulations & Disclosure Law Division, Regulations & 
Rulings, Office of Trade, U.S. Customs and Border Protection.

    Approved:
Aviva R. Aron-Dine,
Acting Assistant Secretary of the Treasury for Tax Policy.
[FR Doc. 2024-11177 Filed 5-21-24; 8:45 am]
BILLING CODE 9111-14-P