[Federal Register Volume 82, Number 134 (Friday, July 14, 2017)]
[Rules and Regulations]
[Pages 32452-32453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14822]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
DEPARTMENT OF THE TREASURY
19 CFR Part 12
[CBP Dec. 17-07]
RIN 1515-AE31
Extension of Import Restrictions Imposed on Archaeological
Objects and Ecclesiastical and Ritual Ethnological Materials From
Cyprus
AGENCY: U.S. 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 an extension of import restrictions on
Pre-Classical and Classical archaeological objects, and Byzantine and
post-Byzantine ecclesiastical and ritual ethnological materials from
Cyprus. The restrictions, which were originally imposed by Treasury
Decision 02-37, and last extended by CBP Dec. 12-13, are due to expire
on July 16, 2017. 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, these import restrictions will remain in effect for an
additional five years, and the CBP regulations are being amended to
reflect this extension through July 16, 2022. 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. 12-13 contains
the Amended Designated List of all archaeological objects and Byzantine
and Post-Byzantine ecclesiastical and ritual ethnological materials
from Cyprus, to which the restrictions apply.
DATES: Effective July 16, 2017.
FOR FURTHER INFORMATION CONTACT: For regulatory 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, codified into
U.S. law as the Convention on Cultural Property Implementation Act
(hereinafter, ``the Cultural Property Implementation Act'' or ``the
Act'') (Pub. L. 97-446, 19 U.S.C. 2601 et seq.), the United States
entered into a bilateral agreement with the Republic of Cyprus on July
16, 2002, to impose import restrictions on certain archaeological
materials representing the Pre-Classical and Classical periods ranging
in date from approximately the 8th Millennium B.C. to approximately 330
A.D. of Cyprus (``the 2002 Agreement''). On July 19, 2002, the former
United States Customs Service (U.S. Customs and Border Protection's
predecessor agency) published Treasury Decision (T.D.) 02-37 in the
Federal Register (67 FR 47447), 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. These
restrictions were to be effective through July 16, 2007.
On August 17, 2006, the Republic of Cyprus and the United States
amended the 2002 Agreement (covering Pre-Classical and Classical
archeological materials) to include a list of Byzantine ecclesiastical
and ritual ethnological materials dating from approximately the 4th
century A.D. through approximately the 15th century A.D. that had been
(and, at that time, were still) protected pursuant to an emergency
action which was published in the Federal Register (64 FR 17529) on
April 12, 1999. The amendment of the 2002 Agreement to cover both the
archaeological materials and the ethnological materials was reflected
in CBP Dec. 06-22, which was published in the Federal Register (71 FR
51724) on August 31, 2006. CBP Dec. 06-22 contains the list of
Byzantine ecclesiastical and ritual ethnological materials from Cyprus
previously protected pursuant to the emergency action and announced
that import restrictions, as of August 31, 2006, were imposed on this
cultural property pursuant to the amended Agreement (19 U.S.C.
2603(c)(4)). Thus, as of that date, the import restrictions covering
materials described in CBP Dec. 06-22 were set to be effective through
July 16, 2007.
On July 13, 2007, CBP published CBP Dec. 07-52 in the Federal
Register (72 FR 38470) which further extended the import restrictions
to July 16, 2012. The Designated List was published with this decision.
On July 13, 2012, CBP published CBP Dec. 12-13 in the Federal
Register (77 FR 41266), effective on July 16, 2012, amending CBP
regulations to reflect the extension of import restrictions and also to
cover Post-Byzantine ecclesiastical and ritual ethnological materials
ranging from approximately 1500 A.D. to approximately 1850 A.D. of
Cyprus. The amended Designated List was published with the decision in
CBP Dec. 12-13, which includes the unrevised list of covered
archaeological objects, as well as Byzantine and post-Byzantine
ecclesiastical and ritual ethnological materials. The import
restrictions are due to expire on July 16, 2017.
On August 1, 2012, CBP published a correcting amendment to CBP Dec.
12-13 in the Federal Register (77 FR 45479) as the amended Designated
List and the regulatory text in that document contained language which
was inadvertently not consistent with the rest of the document as to
the historical period that the import restrictions cover for
ecclesiastical and ritual ethnological materials from Cyprus.
Import restrictions listed in the Code of Federal Regulations (CFR)
at 19 CFR 12.104g(a) are effective for no more than five years
beginning on the date on which the agreement enters into force
[[Page 32453]]
with respect to the United States. This period may be extended for
additional periods of not more than 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 July 12, 2016, the Department of State received a request by the
Republic of Cyprus to extend the Agreement. The Department of State
proposed to extend the import restrictions for an additional five years
in a notice published in the Federal Register (81 FR 52946) on August
10, 2016. On March 22, 2017, the Assistant Secretary for Educational
and Cultural Affairs, State Department, after consultation with and
recommendations by the Cultural Property Advisory Committee, determined
that the cultural heritage of Cyprus continues to be in jeopardy from
pillage of certain archaeological objects and certain ethnological
materials and that the import restrictions should be extended for an
additional five-year period to July 16, 2022. 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 the extension of the import restrictions.
The Amended Designated List of archaeological objects and Byzantine
and post-Byzantine ecclesiastical and ritual ethnological materials is
set forth in CBP Dec. 12-13. The herein mentioned Agreements and the
Designated List and amended Designated Lists may be found at the
following Web site address: https://eca.state.gov/cultural-heritage-center/cultural-property-protection/bilateral-agreements by clicking on
``Cyprus.''
The restrictions on the importation of these archaeological, and
ecclesiastical and ritual ethnological materials from Cyprus are to
continue in effect through July 16, 2022. Importation of such materials
from Cyprus continues to be restricted through that date 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). 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 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 Orders 12866 and 13771
Because this rule involves a foreign affairs function of the United
States, it is not subject to either Executive Order 12866 or Executive
Order 13771.
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 ``Cyprus'' by adding the words ``extended by CBP Dec. 17-07'' after
the words ``CBP Dec. 12-13'' in the column headed ``Decision No.''.
Kevin K. McAleenan,
Acting Commissioner, U.S. Customs and Border Protection.
Approved: July 11, 2017.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2017-14822 Filed 7-13-17; 8:45 am]
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