[Federal Register Volume 89, Number 155 (Monday, August 12, 2024)]
[Rules and Regulations]
[Pages 65539-65540]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17892]



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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Part 12

[CBP Dec. 24-13]
RIN 1515-AE90


Extension of Import Restrictions Imposed on Certain 
Archaeological Material of Algeria

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 material from the People's Democratic Republic of 
Algeria. 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 19-09. 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 August 15, 2029.

DATES: Effective August 15, 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 material. Under the CPIA and the applicable U.S. Customs 
and Border Protection (CBP) regulations, found in Sec.  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 August 15, 2019, the United States entered into a bilateral 
agreement with the People's Democratic Republic of Algeria (Algeria) to 
impose import restrictions on certain archaeological material 
representing Algeria's cultural heritage that is at least 250 years 
old, dating from the Paleolithic (approximately 2.4 million years ago), 
Neolithic, Classical, Byzantine, and Islamic periods and into the 
Ottoman period to A.D. 1750 (2019 MOU). On August 16, 2019, CBP 
published a final rule (CBP Dec. 19-09) in the Federal Register (84 FR 
41909), which amended 19 CFR 12.104g(a) to reflect the imposition of 
these restrictions, including a list designating the types of 
archaeological material covered by the restrictions.
    On December 13, 2023, the United States Department of State 
proposed in the Federal Register (88 FR 86437) to extend the 2019 MOU. 
On April 23, 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 and the Government of the People's Democratic 
Republic of Algeria have agreed to extend the restrictions for an 
additional five-year period, through August 15, 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 material from Algeria will continue in 
effect through August 15, 2029. Importation of such material from 
Algeria 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 ``Algeria.''

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 (Regulatory Planning and Review), as amended 
by Executive Order 14094 (Modernizing Regulatory Review), and 13563 
(Improving Regulation and Regulatory Review) 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 costs and 
benefits, reducing costs, harmonizing rules, and 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

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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.

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 Algeria 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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                              * * * * * * *
Algeria..................  Archaeological material   CBP Dec. 19-09,
                            representing Algeria's    extended by CBP
                            cultural heritage that    Dec. 24-13.
                            is at least 250 years
                            old, dating from the
                            Paleolithic
                            (approximately 2.4
                            million years ago),
                            Neolithic, Classical,
                            Byzantine, and Islamic
                            periods and into the
                            Ottoman period to A.D.
                            1750.
 
                              * * * * * * *
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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.
    Approved.
Aviva R. Aron-Dine,
Acting Assistant Secretary of the Treasury for Tax Policy.
[FR Doc. 2024-17892 Filed 8-9-24; 8:45 am]
BILLING CODE 9111-14-P