[Federal Register Volume 77, Number 110 (Thursday, June 7, 2012)]
[Rules and Regulations]
[Pages 33624-33625]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-13859]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
DEPARTMENT OF THE TREASURY
19 CFR Part 12
[CBP Dec. 12-11]
RIN 1515-AD89
Extension of Import Restrictions Imposed on Archaeological and
Ethnological Materials From Peru
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security; Department of the Treasury.
ACTION: Final rule.
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SUMMARY: This final rule amends the U.S. Customs and Border Protection
(CBP) regulations to reflect the extension of import restrictions on
certain archaeological and ethnological material from Peru. The
restrictions, which were originally imposed by Treasury Decision (T.D.)
97-50 and last extended by CBP Dec. 07-27, are due to expire on June 9,
2012, unless extended. The Assistant Secretary for Educational and
Cultural Affairs, United States Department of State, has determined
that conditions continue to warrant the imposition of import
restrictions. Accordingly, the restrictions will remain in effect for
an additional five years, and the CBP regulations are being amended to
indicate this third extension. These restrictions are being extended
pursuant to determinations of the State Department under the terms of
the Convention on Cultural Property Implementation Act in accordance
with the 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. 97-50 contains the Designated List of
archaeological and ethnological materials that describes the articles
to which the restrictions apply.
DATES: Effective June 9, 2012.
FOR FURTHER INFORMATION CONTACT: For legal aspects, George F. McCray,
Esq., Chief, Cargo Security, Carriers and Immigration Branch,
Regulations and Rulings, Office of International Trade, (202) 325-0082.
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 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 Republic of Peru on June 9, 1997,
concerning the imposition of import restrictions on pre-Columbian
archaeological materials of Peru dating to the Colonial period and
certain Colonial ethnological material from Peru. On June 11, 1997, the
former United States Customs Service published T.D. 97-50 in the
Federal Register (62 FR 31713), which amended 19 CFR 12.104g(a) to
reflect the imposition of these restrictions, and included a list
designating the types of archaeological and ethnological materials
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 June 6, 2002, the former United States Customs Service published
T.D. 02-30 in the Federal Register (67 FR 38877), which amended 19 CFR
12.104g(a) to reflect the extension of these import restrictions for an
additional period of five years until June 9, 2007.
On June 6, 2007, CBP published CBP Dec. 07-27 in the Federal
Register (72 FR 31176), which amended 19 CFR 12.104g(a) to reflect the
extension of these import restrictions for an additional period of five
years.
On November 11, 2011, the Department of State received a request by
the Government of Peru to extend the Agreement. After the Department of
State proposed to extend the Agreement and reviewed the findings and
recommendations of the Cultural Property Advisory Committee, the
Assistant Secretary for Educational and Cultural Affairs, State
Department, determined that the cultural heritage of Peru continues to
be in jeopardy from pillage of archaeological and certain ethnological
materials and made the necessary determination to extend the import
restrictions for an additional five-year period. Diplomatic notes were
exchanged on May 10, 2012, reflecting the extension of those
restrictions for an additional five year period. Accordingly, CBP is
amending 19 CFR 12.104g(a) to reflect the extension of the import
restrictions.
The Designated List of Archaeological and Ethnological Material
from Peru covered by these import restrictions is set forth in T.D. 97-
50, see 62 FR 31713 dated June 11, 1997. The Designated List and
accompanying image database may also be found at the following internet
Web site address: http://exchanges.state.gov/heritage/culprop/pefact.html, under ``III. Categories of Objects Subject to Import
Restriction'', by clicking on ``Designated List'' and on ``Peru section
of the Image Database''.
It is noted that the materials identified in T.D. 97-50 as
``certain pre-Columbian archaeological materials of Peru dating to the
Colonial period and certain Colonial ethnological material from
[[Page 33625]]
Peru'' are referred to in the Determination to Extend as
``Archaeological Material from the Prehispanic Cultures and Certain
Ethnological Material from the Colonial Period of Peru.'' The materials
identified in T.D. 97-50 and those identified in the Determination to
Extend are the same.
The restrictions on the importation of these archaeological and
ethnological materials from Peru are to continue in effect through June
9, 2017. Importation of such materials 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)). For the same reasons, pursuant to 5 U.S.C.
553(d)(3), a delayed effective date is not required.
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
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;
* * * * *
Sec. 12.104g [Amended]
0
2. In Sec. 12.104g(a), the table of the list of agreements imposing
import restrictions on described articles of cultural property of State
Parties is amended in the entry for Peru by removing the reference to
``CBP Dec. 07-27'' and adding in its place ``CBP Dec. 12-11'' in the
column headed ``Decision No.''.
David V. Aguilar,
Acting Commissioner, U.S. Customs and Border Protection.
Approved: June 4, 2012.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2012-13859 Filed 6-6-12; 8:45 am]
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