[Federal Register Volume 77, Number 182 (Wednesday, September 19, 2012)]
[Rules and Regulations]
[Pages 58020-58021]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-23057]



[[Page 58020]]

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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Part 12

[CBP Dec. 12-14]
RIN 1515-AD91


Extension of Import Restrictions Imposed on Archaeological 
Material From Mali

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 material from Mali. The restrictions, which were 
previously imposed by Treasury Decision (T.D.) 97-80, extended by T.D. 
02-55, and last extended and amended by CBP Dec. 07-77, are due to 
expire on September 19, 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 further 
extension. These restrictions are being extended pursuant to 
determinations of the United States Department of State under the terms 
of the Convention on Cultural Property Implementation Act in accordance 
with the United Nations Educational, Scientific and Cultural 
Organization (UNESCO) 1970 Convention on the Means of Prohibiting and 
Preventing the Illicit Import, Export and Transfer of Ownership of 
Cultural Property. CBP Dec. 07-77 contains the Designated List of 
archaeological materials that describes the articles to which the 
restrictions apply.

DATES: Effective Date: September 19, 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, Virginia McPherson, Interagency Requirements 
Branch, Trade Policy and Programs, Office of International Trade, (202) 
863-6563.

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 
(hereafter, the ``Cultural Property Implementation Act'' or the 
``Act'') (Pub. L. 97-446, 19 U.S.C. 2601 et seq.), signatory nations 
(State Parties) may enter into bilateral or multilateral agreements to 
impose import restrictions on eligible archaeological and ethnological 
materials under procedures and requirements prescribed by the Act. 
Under the Act and applicable CBP regulations (19 CFR 12.104g), the 
restrictions 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 (19 U.S.C. 2602(b)). This period may be extended for 
additional periods, each such period not to exceed five years, where 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)).
    In certain limited circumstances, the Cultural Property 
Implementation Act authorizes the imposition of restrictions on an 
emergency basis (19 U.S.C. 2603(c)(1)). Under the Act and applicable 
CBP regulations (19 CFR 12.104g(b)), emergency restrictions are 
effective for no more than five years from the date of the State 
Party's request and may be extended for three years where it is 
determined that the emergency condition continues to apply with respect 
to the covered materials (19 U.S.C. 2603(c)(3)).
    On September 23, 1993, under the authority of the Cultural Property 
Implementation Act, the former U.S. Customs Service published Treasury 
Decision (T.D.) 93-74 in the Federal Register (58 FR 49428) imposing 
emergency import restrictions on archaeological objects from the region 
of the Niger River Valley of Mali and the Bandiagara Escarpment 
(Cliff), Mali and accordingly amending 19 CFR 12.104g(b).
    On September 19, 1997, the United States entered into a bilateral 
agreement with Mali that continued without interruption the import 
restrictions previously placed on the same archaeological material. On 
September 23, 1997, the former United States Customs Service published 
T.D. 97-80 in the Federal Register (62 FR 49594), which amended 19 CFR 
12.104g(a) to reflect the imposition of these restrictions, and 
included a list designating the types of archaeological material 
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 September 20, 2002, the former United States Customs Service 
published T.D. 02-55 in the Federal Register (67 FR 59159), which 
amended 19 CFR 12.104g(a) to reflect the extension of these import 
restrictions for an additional period of five years until September 19, 
2007.
    On September 19, 2007, CBP published CBP Dec. 07-77 in the Federal 
Register (72 FR 53414), which amended 19 CFR 12.104g(a) to reflect the 
extension of the import restrictions on this cultural property and the 
addition of new subcategories of objects representing a broader time 
frame in the amended Designated List for an additional period of five 
years until September 19, 2012. Accordingly, the title of the bilateral 
agreement was amended at this time to read: ``Agreement between the 
Government of the United States of America and the Government of the 
Republic of Mali Concerning the Imposition of Import Restrictions on 
Archaeological Material from Mali from the Paleolithic Era (Stone Age) 
to Approximately the Mid-Eighteenth Century.''
    On March 12, 2012, the Department of State proposed in the Federal 
Register (77 FR 14583) to extend the Agreement. Upon review of the 
findings and recommendations of the Cultural Property Advisory 
Committee, the Assistant Secretary for Educational and Cultural 
Affairs, Department of State, made the necessary determinations on July 
20, 2012 for extending the Agreement with Mali to continue the 
imposition of import restrictions on the aforementioned categories of 
archaeological material for an additional five-year period. An exchange 
of diplomatic notes reflects the extension of those restrictions. 
Accordingly, CBP is amending 19 CFR 12.104g(a) to reflect the extension 
of the import restrictions.

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    The Designated List of Archaeological Material from Mali covered by 
these import restrictions is set forth in CBP Dec. 07-77, see 72 FR 
53414 dated September 19, 2007. More information on import restrictions 
can be obtained from the Mali country section of the International 
Cultural Property Protection Web site (http://exchanges.state.gov/heritage/culprop/mlfact.html).
    The restrictions on the importation of these archaeological 
materials from Mali are to continue in effect through September 19, 
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 Mali by removing the reference to 
``CBP Dec. 07-77'' and adding in its place ``CBP Dec. 12-14'' in the 
column headed ``Decision No.''.

David V. Aguilar,
Deputy Commissioner, U.S. Customs and Border Protection.
    Approved: September 13, 2012.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2012-23057 Filed 9-18-12; 8:45 am]
BILLING CODE 9111-14-P