[Federal Register Volume 75, Number 44 (Monday, March 8, 2010)]
[Rules and Regulations]
[Pages 10411-10413]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-4783]


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DEPARTMENT OF HOMELAND SECURITY

Bureau of Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Part 12

[CBP Dec. 10-01]
RIN 1505-AC23


Extension of Import Restrictions Imposed on Certain Categories of 
Archaeological Material From the Pre-Hispanic Cultures of the Republic 
of El Salvador

AGENCIES: Customs and Border Protection, Department of Homeland 
Security; Department of the Treasury.

ACTION: Final rule.

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[[Page 10412]]

SUMMARY: This document amends Customs and Border Protection (CBP) 
regulations to reflect the extension of import restrictions on certain 
categories of archaeological material from the Pre-Hispanic cultures of 
the Republic of El Salvador (El Salvador). The restrictions, which were 
originally imposed by Treasury Decision (T.D.) 95-20 and extended by 
CBP Decision (Dec.) 05-10 are due to expire on March 8, 2010. The Under 
Secretary of State for Public Diplomacy and Public Affairs, United 
States Department of State, has determined that conditions continue to 
warrant the imposition of import restrictions. Accordingly, these 
import restrictions will remain in effect for an additional 5 years, 
and the CBP regulations are being amended to reflect this extension 
until March 8, 2015. These restrictions are being extended pursuant to 
determinations of the United States Department of State made under the 
terms of the Convention on Cultural Property Implementation Act in 
accordance with 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. T.D. 95-20 contains the Designated List of 
archaeological material representing Pre-Hispanic cultures of El 
Salvador, and describes the articles to which the restrictions apply.

DATES: Effective Date: March 8, 2010.

FOR FURTHER INFORMATION CONTACT: For legal aspects, Charles Steuart, 
Chief, Intellectual Property Rights and Restricted Merchandise Branch, 
Regulations and Rulings, Office of International Trade, (202) 325-0093. 
For operational aspects, Michael Craig, Chief, Interagency Requirements 
Branch, Trade Policy and Programs, Office of International Trade, (202) 
863-6558.

SUPPLEMENTARY INFORMATION:

Background

    Pursuant to the provisions of the 1970 United Nations Educational, 
Scientific and Cultural Organization (UNESCO) Convention, codified into 
U.S. law as the Convention on Cultural Property Implementation Act 
(Pub. L. 97-446, 19 U.S.C. 2601 et seq.), the United States entered 
into a bilateral agreement with the Government of the Republic of El 
Salvador (El Salvador) on March 8, 1995, concerning the imposition of 
import restrictions on certain categories of archaeological material 
from the Pre-Hispanic cultures of El Salvador. On March 10, 1995, the 
former United States Customs Service (now U.S. Customs and Border 
Protection (CBP)) published Treasury Decision (T.D.) 95-20 in the 
Federal Register (60 FR 13352), which amended 19 CFR 12.104g(a) to 
reflect the imposition of these restrictions and included a list 
designating the types of articles covered by the restrictions.
    Import restrictions listed in 19 CFR 12.104g(a) are effective for 
no more than five years beginning on the date on which the agreement 
enters into force with respect to the United States. This period can be 
extended for additional periods not to exceed five years if it is 
determined that the factors which justified the initial agreement still 
pertain and no cause for suspension of the agreement exists. 19 CFR 
12.104g(a).
    On March 9, 2000, the former United States Customs Service (now 
CBP) published T.D. 00-16 in the Federal Register (65 FR 12470), which 
amended 19 CFR 12.104g(a) to reflect the extension for an additional 
period of five years. Subsequently, on March 9, 2005, CBP published CBP 
Decision (Dec.) 05-10 in the Federal Register (70 FR 11539), which 
again amended 19 CFR 12.104g(a) to reflect an additional extension for 
another five year period.
    After reviewing the findings and recommendations of the Cultural 
Property Advisory Committee, and in response to a request by the 
Government of the Republic of El Salvador, on February 23, 2010, the 
Under Secretary of State for Public Diplomacy and Public Affairs, 
United States Department of State, concluding that the cultural 
heritage of El Salvador continues to be in jeopardy from pillage of 
Pre-Hispanic archaeological resources, made the necessary 
determinations to extend the import restrictions for an additional five 
years, on February 23, 2010, and diplomatic notes have been exchanged, 
reflecting the extension of those restrictions. Accordingly, CBP is 
amending 19 CFR 12.104g(a) to reflect the extension of the import 
restrictions.
    The Designated List of Archaeological Material Representing 
PreHispanic Cultures of El Salvador covered by these import 
restrictions is set forth in T.D. 95-20. The Designated List and 
accompanying image database may also be accessed from the following 
Internet Web site address: http://exchanges.state.gov/heritage/culprop/esimage.html.
    The restrictions on the importation of these archaeological 
materials from El Salvador are to continue in effect for an additional 
five years. Importation of such material continues to be restricted 
unless the conditions set forth in 19 U.S.C. 2606 and 19 CFR 12.104c 
are met.

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 
(5 U.S.C. 553(a)(1)). In addition, CBP has determined that such notice 
or public procedure would be impracticable and contrary to public 
interest because the action being taken is essential to avoid 
interruption of the application of existing import restrictions (5 
U.S.C. 533(b)(B)). For the same reasons, 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

    Because this rule involves a foreign affairs function of the United 
States, it is not subject to Executive Order 12866.

Signing Authority

    This regulation is being issued in accordance with 19 CFR 
0.1(a)(1).

List of Subjects in 19 CFR Part 12

    Cultural property, Customs duties and inspection, Imports, 
Prohibited merchandise.

Amendment to CBP Regulations

0
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, paragraph (a), the table is amended in the entry 
for El Salvador by removing the reference to ``CBP Dec. 05-10'' in the 
column headed ``Decision

[[Page 10413]]

No.'' and adding in its place ``CBP Dec. 10-01''.

David V. Aguilar,
Acting Deputy Commissioner, U.S. Customs and Border Protection.
    Approved: March 2, 2010.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2010-4783 Filed 3-5-10; 8:45 am]
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