80 FR 12080 - Extension of Import Restrictions Imposed on Certain Categories of Archaeological Material From the Pre-Hispanic Cultures of the Republic of El Salvador

DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
DEPARTMENT OF THE TREASURY

Federal Register Volume 80, Issue 44 (March 6, 2015)

Page Range		12080-12081
FR Document		2015-05060

This final rule amends U.S. Customs and Border Protection (CBP) regulations to reflect the extension of import restrictions on certain categories of archaeological material from the Pre-Hispanic cultures of the Republic of El Salvador (El Salvador). The restrictions, which were originally imposed by Treasury Decision (T.D.) 95-20 and previously extended by T.D. 00-16, CBP Decision (CBP Dec.) 05-10 and CBP Dec. 10-01, are due to expire on March 8, 2015, unless extended. The Assistant Secretary for Educational and Cultural Affairs, U.S. Department of State (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 until March 8, 2020. These restrictions are being extended pursuant to determinations of the U.S. Department of State made under the terms of the Convention on Cultural Property Implementation Act in accordance with the 1970 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. 95-20 contains the Designated List of archaeological material representing Pre-Hispanic cultures of El Salvador, and describes the articles to which the restrictions apply.

Federal Register, Volume 80 Issue 44 (Friday, March 6, 2015)

[Federal Register Volume 80, Number 44 (Friday, March 6, 2015)]
[Rules and Regulations]
[Pages 12080-12081]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-05060]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Part 12

[CBP Dec. 15-05]
RIN 1515-AE01


Extension of Import Restrictions Imposed on Certain Categories of 
Archaeological Material From the Pre-Hispanic Cultures of the Republic 
of El Salvador

AGENCIES: U.S. Customs and Border Protection, Department of Homeland 
Security; Department of the Treasury.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule amends U.S. Customs and Border Protection 
(CBP) regulations to reflect the extension of import restrictions on 
certain categories of archaeological material from the Pre-Hispanic 
cultures of the Republic of El Salvador (El Salvador). The 
restrictions, which were originally imposed by Treasury Decision (T.D.) 
95-20 and previously extended by T.D. 00-16, CBP Decision (CBP Dec.) 
05-10 and CBP Dec. 10-01, are due to expire on March 8, 2015, unless 
extended. The Assistant Secretary for Educational and Cultural Affairs, 
U.S. Department of State (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 until March 8, 2020. These restrictions are being extended 
pursuant to determinations of the U.S. Department of State made under 
the terms of the Convention on Cultural Property Implementation Act in 
accordance with the 1970 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. 95-20 contains the Designated List of 
archaeological material representing Pre-Hispanic cultures of El 
Salvador, and describes the articles to which the restrictions apply.

DATES: Effective March 8, 2015.

FOR FURTHER INFORMATION CONTACT: For legal aspects, Lisa L. Burley, 
Chief, Cargo Security, Carriers and Restricted Merchandise Branch, 
Regulations and Rulings, Office of International Trade, (202) 325-0030. 
For operational aspects, William R. Scopa, Branch Chief, Partner 
Government Agency Branch, Trade Policy and Programs, Office of 
International Trade, (202) 863-6554, William.R.Scopa@cbp.dhs.gov.

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 U.S. Customs and Border Protection (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)).
    On March 8, 1995, the United States entered into a bilateral 
agreement with the Government of the Republic of El Salvador (El 
Salvador) concerning the imposition of import restrictions on certain 
categories of archaeological material from the Pre-Hispanic cultures of 
El Salvador. On March 10, 1995, the former U.S. Customs Service (now 
U.S. Customs and Border Protection (CBP)) published Treasury Decision 
(T.D.) 95-20 in the Federal Register (60 FR 13352), 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.
    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).
    Since the initial notice was published on March 10, 1995, the 
import restrictions were subsequently extended three times. First, on 
March 9, 2000, the former U.S. Customs Service published T.D. 00-16 in 
the Federal Register (65 FR 12470) to extend the import restrictions 
for an additional period of five years. Subsequently, on March 9, 2005, 
CBP published CBP Dec. 05-10 in the Federal Register (70 FR 11539) to 
again extend the import restriction for five years. Most recently, on 
March 8, 2010, CBP published CBP Dec. 10-01 in the Federal Register (75 
FR 10411) to extend the import restriction for an additional five year 
period to March 8, 2015.
    After reviewing the findings and recommendations of the Cultural 
Property Advisory Committee, and in response to a request by the 
Government of the Republic of El Salvador, on February 3, 2015, the 
Assistant Secretary for Educational and Cultural Affairs, U.S. 
Department of State, concluding that the cultural heritage of El 
Salvador continues to be in jeopardy from pillage of Pre-Hispanic 
archaeological resources, made the necessary determinations to extend 
the import restrictions for an additional five years. Diplomatic notes 
have been exchanged, reflecting the extension of

[[Page 12081]]

those restrictions. Accordingly, CBP is amending 19 CFR 12.104g(a) to 
reflect the extension of the import restrictions.
    The Designated List of Archaeological Material Representing Pre-
Hispanic Cultures of El Salvador covered by these import restrictions 
is set forth in T.D. 95-20. The Designated List and accompanying image 
database may also be accessed from the following Internet Web site 
address: http://exchanges.state.gov/heritage/culprop/esimage.html.
    The restrictions on the importation of these archaeological 
materials from El Salvador 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)). 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

    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, paragraph (a), the table is amended in the entry 
for El Salvador by removing the reference to ``CBP Dec. 10-01'' in the 
column headed ``Decision No.'' and adding in its place ``CBP Dec. 15-
05''.

R. Gil Kerlikowske,
Commissioner, U.S. Customs and Border Protection.
    Approved: February 25, 2015.
Mark J. Mazur,
Assistant Secretary of the Treasury.
[FR Doc. 2015-05060 Filed 3-5-15; 8:45 am]
BILLING CODE 9111-14-P

Federal Register / Vol. 80, No. 44 / Friday, March 6, 2015 / Rules and Regulations 12081

those restrictions. Accordingly, CBP is Sections 12.104 through 12.104i also DEPARTMENT OF STATE
amending 19 CFR 12.104g(a) to reflect issued under 19 U.S.C. 2612;
the extension of the import restrictions. * * * * * 22 CFR Part 172
The Designated List of Archaeological
Material Representing Pre-Hispanic § 12.104g [Amended] [Public Notice: 9045]
Cultures of El Salvador covered by these
import restrictions is set forth in T.D. ■ 2. In § 12.104g, paragraph (a), the table RIN 1400–AD75
95–20. The Designated List and is amended in the entry for El Salvador
accompanying image database may also by removing the reference to ‘‘CBP Dec. Service of Process; Address Change
be accessed from the following Internet 10–01’’ in the column headed ‘‘Decision
No.’’ and adding in its place ‘‘CBP Dec. AGENCY: Department of State.
Web site address: http://
exchanges.state.gov/heritage/culprop/ 15–05’’. ACTION: Final rule.
esimage.html. SUMMARY: This rulemaking changes the
R. Gil Kerlikowske,
The restrictions on the importation of
Commissioner, U.S. Customs and Border address for service of process on the
these archaeological materials from El
Protection. Department of State.
Salvador are to continue in effect for an
additional five years. Importation of Approved: February 25, 2015. DATES: This rule is effective on March 6,
such material continues to be restricted Mark J. Mazur, 2015.
unless the conditions set forth in 19 Assistant Secretary of the Treasury. FOR FURTHER INFORMATION CONTACT:
U.S.C. 2606 and 19 CFR 12.104c are [FR Doc. 2015–05060 Filed 3–5–15; 8:45 am]
Alice Kottmyer, Office of the Legal
met. Adviser, Department of State; phone:
BILLING CODE 9111–14–P
202–647–2318, kottmyeram@state.gov.
Inapplicability of Notice and Delayed
SUPPLEMENTARY INFORMATION: This
Effective Date
rulemaking provides the new address,
This amendment involves a foreign effective immediately, for the service on
affairs function of the United States and DEPARTMENT OF HEALTH AND
HUMAN SERVICES the U.S. Department of State of the
is, therefore, being made without notice documents or actions listed in 22 CFR
or public procedure (5 U.S.C. 553(a)(1)). 172.1(a).
For the same reasons, a delayed Food and Drug Administration
effective date is not required under 5 Regulatory Findings
U.S.C. 553(d)(3). 21 CFR Part 520
Administrative Procedure Act
Regulatory Flexibility Act Oral Dosage Form New Animal Drugs This rule is published as a final rule,
Because no notice of proposed effective immediately, pursuant to 5
CFR Correction
rulemaking is required, the provisions U.S.C. 553(b) and 553(d)(3). The
of the Regulatory Flexibility Act (5 In Title 21 of the Code of Federal Department finds good cause for the
U.S.C. 601 et seq.) do not apply. Regulations, Parts 500 to 599, revised as immediate effect of the rule without
of April 1, 2014, on page 147, in notice and comment because public
Executive Order 12866 comment on an address change is
§ 520.580, the heading for paragraph (d)
Because this rule involves a foreign unnecessary; and, more importantly, it
is restored to read ‘‘Conditions of
affairs function of the United States, it is in the interest of the public for the
use—’’.
is not subject to Executive Order 12866. Department to provide the correct
[FR Doc. 2015–05128 Filed 3–5–15; 8:45 am]
Signing Authority address for service of process, and for it
BILLING CODE 1505–01–D to be effective, as expeditiously as
This regulation is being issued in possible.
accordance with 19 CFR 0.1(a)(1).
DEPARTMENT OF HEALTH AND Other Authorities
List of Subjects in 19 CFR Part 12
HUMAN SERVICES (1) Since this rule is exempt from the
Cultural property, Customs duties and rulemaking provisions of 5 U.S.C. 553,
inspection, Imports, Prohibited Food and Drug Administration it does not require analysis under the
merchandise. Regulatory Flexibility Act.
Amendment to CBP Regulations 21 CFR Part 520 (2) This rulemaking does not meet the
For the reasons set forth above, part criteria for Department actions under
Oral Dosage Form New Animal Drugs the Unfunded Mandates Reform Act of
12 of Title 19 of the Code of Federal
Regulations (19 CFR part 12), is CFR Correction 1995; the Small Business Regulatory
amended as set forth below: Enforcement Fairness Act of 1996;
In Title 21 of the Code of Federal Executive Order 13175 (impact on
PART 12—SPECIAL CLASSES OF Regulations, Parts 500 to 599, revised as tribes); or Executive Orders 12372 and
MERCHANDISE of April 1, 2014, on page 167, in 13132 (federalism). This rulemaking is
§ 520.1193, in paragraph (b)(2), revise not a major rule as defined by 5 U.S.C.
■ 1. The general authority citation for ‘‘051311 and 059130’’ to read ‘‘000859 804.
part 12 and the specific authority and 051311’’. (3) In the view of the Department, this
citation for § 12.104g continue to read as rule is not a significant regulatory action
rmajette on DSK2TPTVN1PROD with RULES

[FR Doc. 2015–05184 Filed 3–5–15; 8:45 am]
follows: as defined in Executive Order 12866,
BILLING CODE 1505–01–D
Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 and is consistent with the guidance in
(General Note 3(i), Harmonized Tariff Executive Order 13563. The benefits of
Schedule of the United States (HTSUS)), this rulemaking—in providing a current
1624; address for service of process—
* * * * * outweigh any costs.

VerDate Sep<11>2014 15:26 Mar 05, 2015 Jkt 235001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\06MRR1.SGM 06MRR1

Document Created: 2018-02-21 09:33:44
Document Modified: 2018-02-21 09:33:44

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		Effective March 8, 2015.
Contact		For legal aspects, Lisa L. Burley, Chief, Cargo Security, Carriers and Restricted Merchandise Branch, Regulations and Rulings, Office of International Trade, (202) 325-0030. For operational aspects, William R. Scopa, Branch Chief, Partner Government Agency Branch, Trade Policy and Programs, Office of International Trade, (202) 863-6554, [email protected]
FR Citation		80 FR 12080
RIN Number		1515-AE01
CFR Associated		Cultural Property; Customs Duties and Inspection; Imports and Prohibited Merchandise

80 FR 12080 - Extension of Import Restrictions Imposed on Certain Categories of Archaeological Material From the Pre-Hispanic Cultures of the Republic of El Salvador

DEPARTMENT OF HOMELAND SECURITYU.S. Customs and Border ProtectionDEPARTMENT OF THE TREASURY

Federal Register Volume 80, Issue 44 (March 6, 2015)

DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
DEPARTMENT OF THE TREASURY