[Federal Register Volume 78, Number 179 (Monday, September 16, 2013)]
[Rules and Regulations]
[Pages 56832-56833]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-21803]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Part 12

[CBP Dec. 13-15 ]
RIN 1515-AD98


Extension of Import Restrictions Imposed on Archaeological 
Material From Cambodia From the Bronze Age Through the Khmer Era

AGENCIES: 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 an extension of import restrictions on 
certain archaeological material from Cambodia from the Bronze Age 
through the Khmer era. The restrictions, which were originally imposed 
by CBP Dec. 03-28, and last extended and amended by CBP Dec. 08-40, are 
due to expire on September 19, 2013, unless extended.
    The Assistant Secretary for Educational and Cultural Affairs, 
United States Department of State, has determined that factors for 
entering into the agreement 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 through September 19, 2018. 
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 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. 
CBP Dec. 08-40 contains the Designated List of archaeological material 
from Cambodia to which the restrictions apply.

DATES: Effective Date: September 19, 2013.

FOR FURTHER INFORMATION CONTACT: For legal aspects, Lisa Burley, Cargo 
Security, Carriers and Restricted Merchandise Branch, Regulations and 
Rulings, Office of International Trade, (202) 325-0215. For operational 
aspects, William R. Scopa, Chief, Partner Government Agencies Branch, 
Trade Policy and Programs, Office of International Trade, (202) 863-
6554.

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 Cambodia on September 19, 2003, 
concerning the imposition of import restrictions on Khmer 
archaeological material from the 6th century through the 16th century 
A.D. in Cambodia. On September 22, 2003, CBP published CBP Dec. 03-28 
in the Federal Register (68 FR 55000), which amended 19 CFR 12.104g(a) 
to reflect the imposition of these restrictions, which subsumed the 
emergency import restrictions on Khmer stone archaeological material 
(T.D. 99-88), and included a list designating the additional types of 
archaeological material covered by the restrictions including Khmer 
metals and ceramics.
    On September 19, 2008, CBP published CBP Dec. 08-40 in the Federal 
Register (73 FR 54309), which amended 19 CFR 12.104g(a) to reflect the 
extension of these import restrictions for an additional period of

[[Page 56833]]

five years until September 19, 2013, and amended them to include 
archaeological material from the Bronze Age through the Khmer Era.
    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 (19 CFR 12.104g(a)).
    On January 7, 2013, the United States Department of State proposed 
in the Federal Register (78 FR 977) to extend the Memorandum of 
Understanding between the U.S and Cambodia concerning the imposition of 
import restrictions on archaeological material from Cambodia from the 
Bronze Age through the Khmer Era. On June 10, 2013, after reviewing the 
findings and recommendations of the Cultural Property Advisory 
Committee, the Assistant Secretary for Educational and Cultural 
Affairs, United States Department of State, concluding that the 
cultural heritage of Cambodia continues to be in jeopardy from pillage 
of certain archaeological materials, made the necessary determination 
to extend the import restrictions for an additional five years. On 
August 6, 2013, diplomatic notes were exchanged 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 
Material from Cambodia covered by these import restrictions is set 
forth in CBP Dec. 08-40 (see 73 FR 54309, dated September 19, 2008). 
The Designated List and additional information about the agreement may 
also be found at the following Internet Web site address: http://eca.state.gov/cultural-heritage-center/international-cultural-property-protection/bilateral-agreements/cambodia.
    The restrictions on the importation of these archaeological 
materials from Cambodia are to continue in effect through September 19, 
2018. 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 
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).

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.  12.104  [Amended]

0
2. In Sec.  12.104g, paragraph (a), the table is amended in the entry 
for Cambodia by removing the words ``CBP Dec. 03-28 extended by CBP 
Dec. 08-40'' in the column headed ``Decision No.'' and, adding in its 
place, the phrase ``CBP Dec. 08-40 extended by CBP Dec. 13-15''.

Thomas S. Winkowski,
Acting Commissioner.
    Approved: September 3, 2013.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2013-21803 Filed 9-13-13; 8:45 am]
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