[Federal Register Volume 81, Number 226 (Wednesday, November 23, 2016)]
[Rules and Regulations]
[Pages 84458-84459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28355]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
DEPARTMENT OF THE TREASURY
19 CFR Part 12
[CBP Dec. 16-21]
RIN 1515-AE18
Extension of Import Restrictions Imposed on Certain
Archaeological and Ethnological Material From Greece
AGENCY: 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 reflect the extension of import restrictions on
certain archaeological and ethnological material from the Hellenic
Republic (Greece). The restrictions, which were originally imposed by
CBP Decision (CBP Dec.) 11-25, are due to expire on November 21, 2016.
The Assistant Secretary for Educational and Cultural Affairs, United
States Department of State, has determined that factors continue to
warrant the imposition of import restrictions and no cause for
suspension exists. Accordingly, these import restrictions will remain
in effect for an additional five years, and the CBP regulations are
being amended to reflect this extension until November 21, 2021. 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 that implemented 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. 11-25 contains the Designated List of archaeological and
ecclesiastical ethnological material from Greece, to which the
restrictions apply.
DATES: Effective Date: November 21, 2016.
FOR FURTHER INFORMATION CONTACT: For legal aspects, Lisa L. Burley,
Chief, Cargo Security, Carriers and Restricted Merchandise Branch,
Regulations and Rulings, Office of Trade, (202) 325-0215. For
operational aspects, William R. Scopa, Branch Chief, Partner Government
Agency Branch, Trade Policy and Programs, Office of Trade, (202) 863-
6554, [email protected].
SUPPLEMENTARY INFORMATION:
Background
Pursuant to the provisions of the 1970 United Nations Educational,
Scientific and Cultural Organization (UNESCO) Convention, implemented
by the Convention on Cultural Property Implementation Act (Pub. L. 97-
446, 19 U.S.C. 2601 et seq.), the United States made a bilateral
agreement with Greece, which entered into force on November 21, 2011,
concerning the imposition of import restrictions on archaeological
materials representing Greece's cultural heritage from the Upper
Paleolithic (beginning approximately 20,000 B.C.) through the 15th
century A.D., and ecclesiastical ethnological material representing
Greece's Byzantine culture (approximately the 4th century through the
15th century A.D.). On December 1, 2011, CBP published CBP Dec. 11-25
in the Federal Register (76 FR 74691), which amended 19 CFR 12.104g(a)
to indicate the imposition of these restrictions and included a list
designating the types of archaeological and ecclesiastical ethnological
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 February 5, 2016, the Department of State received a request by
the Government of the Hellenic Republic to extend the Agreement.
Subsequently, the Department of State proposed to extend the Agreement.
After considering the views and recommendation of the Cultural Property
Advisory Committee, the Assistant Secretary for Educational and
Cultural Affairs, United States Department of State, determined that
the cultural heritage of Greece continues to be in jeopardy from
pillage of archaeological materials representing Greece's cultural
heritage from the Upper Paleolithic (beginning approximately 20,000
B.C.) through the 15th century A.D., and ecclesiastical
[[Page 84459]]
ethnological material representing Greece's Byzantine culture
(approximately the 4th century through the 15th century A.D.); and made
the necessary determinations to extend the import restrictions for an
additional five years. Diplomatic notes have been exchanged, reflecting
the extension of those restrictions for an additional five-year period.
Accordingly, CBP is amending 19 CFR 12.104g(a) to reflect this
extension of the import restrictions.
The Designated List archaeological materials representing Greece's
cultural heritage from the Upper Paleolithic (beginning approximately
20,000 B.C.) through the 15th century A.D., and ecclesiastical
ethnological material representing Greece's Byzantine culture
(approximately the 4th century through the 15th century A.D.) covered
by these import restrictions is set forth in CBP Dec. 11-25. The
Agreement and Designated List may also be found at the following
Internet Web site address: https://eca.state.gov/cultural-heritage-center/cultural-property-protection/bilateral-agreements/greece.
The restrictions on the importation of these archaeological and
ecclesiastical ethnological materials from Greece 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 the public
interest because the action being taken is essential to avoid
interruption of the application of the existing import restrictions (5
U.S.C. 553(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
It has been determined that this rule is not a significant
regulatory action under 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, paragraph (a), the table is amended in the entry
for Greece (Hellenic Republic) by adding after the phrase ``CBP Dec.
11-25'' the phrase ``extended by CBP Dec. 16- 21''.
R. Gil Kerlikowske,
Commissioner, U.S. Customs and Border Protection.
Approved: November 21, 2016.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2016-28355 Filed 11-21-16; 4:15 pm]
BILLING CODE 9111-14-P