80 FR 60292 - Extension of Import Restrictions on Certain Categories of Archaeological Material From the Pre-Hispanic Cultures of the Republic of Nicaragua

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

Federal Register Volume 80, Issue 193 (October 6, 2015)

Page Range		60292-60293
FR Document		2015-25413

This document amends 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 Nicaragua. The restrictions, which were originally imposed by Treasury Decision (T.D.) 00-75 and extended by CBP Decision (CBP Dec.) 05-33 and CBP Dec. 10-32 are due to expire on October 20, 2015. 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 5 years, and the CBP regulations are being amended to reflect this extension until October 20, 2020. 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. T.D. 00-75 contains the Designated List of archaeological material representing Pre-Hispanic cultures of Nicaragua to which the restrictions apply.

Federal Register, Volume 80 Issue 193 (Tuesday, October 6, 2015)

[Federal Register Volume 80, Number 193 (Tuesday, October 6, 2015)]
[Rules and Regulations]
[Pages 60292-60293]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-25413]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Part 12

[CBP Dec. 15-13]
RIN 1515-AE05


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

AGENCY: Customs and Border Protection, Department of Homeland Security; 
Department of the Treasury.

ACTION: Final rule.

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SUMMARY: This document amends 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 Nicaragua. The restrictions, which were originally 
imposed by Treasury Decision (T.D.) 00-75 and extended by CBP Decision 
(CBP Dec.) 05-33 and CBP Dec. 10-32 are due to expire on October 20, 
2015. 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 5 years, and the CBP regulations are being 
amended to reflect this extension until October 20, 2020. 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. 
T.D. 00-75 contains the Designated List of archaeological material 
representing Pre-Hispanic cultures of Nicaragua to which the 
restrictions apply.

DATES: Effective: October 20, 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, [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 entered into a 
bilateral agreement with the Republic of Nicaragua concerning the 
imposition of import restrictions on certain categories of 
archeological material from the Pre-Hispanic cultures of the Republic 
of Nicaragua on June 16, 1999, and following completion by the 
Government of Nicaragua of all internal legal requirements, the 
agreement entered into force on October 20, 2000. On October 26, 2000, 
the former U.S. Customs Service (now U.S. Customs and Border Protection 
(CBP)) published T.D. 00-75 in the Federal Register (65 FR 64140), 
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 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)).
    Since the initial notice was published on October 26, 2000, the 
import restrictions were extended twice. First, on October 20, 2005, 
CBP published CBP Dec. 05-33 in the Federal Register (70 FR 61031) 
which amended 19 CFR 12.104g(a) to reflect the extension for an 
additional period of 5 years. Subsequently, on October 20, 2010, CBP 
published CBP Dec. 10-32 in the Federal Register (75 FR 64654) to 
extend the import restriction for an additional five year period to 
October 20, 2015.
    On October 17, 2014, the Department of State received a request by 
the Government of the Republic of Nicaragua to extend the Agreement. 
Subsequently, the Department of State proposed to extend the Agreement. 
After considering the views and recommendations 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 Nicaragua continues to be in jeopardy 
from pillage of Pre-Hispanic archaeological materials, 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 of Pre-Hispanic Archaeological Material from 
Nicaragua covered by these import restrictions is set forth in T.D. 00-
75. The Designated List and accompanying image database may also be 
found at the following Internet Web site address: http://exchanges.state.gov/heritage/culprop/nifact.html.
    The restrictions on the importation of these archaeological 
materials from the Republic of Nicaragua are to continue in effect for 
an additional 5 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.

[[Page 60293]]

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 Nicaragua in the ``Decision No.'' column by removing the reference 
to ``CBP Dec. 10-32'' and adding in its place ``CBP Dec. 15-13 ''.

 R. Gil Kerlikowske,
Commissioner, U.S. Customs and Border Protection.
    Approved: October 1, 2015.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2015-25413 Filed 10-5-15; 8:45 am]
 BILLING CODE 9111-14-P

60292 Federal Register / Vol. 80, No. 193 / Tuesday, October 6, 2015 / Rules and Regulations

on the southeast by a line extending from lat. the Illicit Import, Export and Transfer of published CBP Dec. 10–32 in the
37°52′00″ N, long. 120°04′04″ W; to lat. Ownership of Cultural Property. T.D. Federal Register (75 FR 64654) to
37°38′00″ N, long. 121°00′04″ W, on the 00–75 contains the Designated List of extend the import restriction for an
south by lat. 37°38′00″ N, on the west by archaeological material representing additional five year period to October
long. 121°37′04″ W, and on the north by lat.
38°07′00″ N; excluding that airspace within
Pre-Hispanic cultures of Nicaragua to 20, 2015.
Restricted Area R–2531 when active. which the restrictions apply. On October 17, 2014, the Department
DATES: Effective: October 20, 2015. of State received a request by the
Issued in Seattle, Washington, on
September 29, 2015. FOR FURTHER INFORMATION CONTACT: For Government of the Republic of
legal aspects, Lisa L. Burley, Chief, Nicaragua to extend the Agreement.
Christopher Ramirez,
Cargo Security, Carriers and Restricted Subsequently, the Department of State
Manager, Operations Support Group, Western proposed to extend the Agreement.
Service Center. Merchandise Branch, Regulations and
Rulings, Office of International Trade, After considering the views and
[FR Doc. 2015–25281 Filed 10–5–15; 8:45 am]
(202) 325–0030. For operational aspects, recommendations of the Cultural
BILLING CODE 4910–13–P Property Advisory Committee, the
William R. Scopa, Branch Chief, Partner
Government Agency Branch, Trade Assistant Secretary for Educational and
Policy and Programs, Office of Cultural Affairs, United States
DEPARTMENT OF HOMELAND International Trade, (202) 863–6554, Department of State, determined that
SECURITY William.R.Scopa@cbp.dhs.gov. the cultural heritage of Nicaragua
SUPPLEMENTARY INFORMATION:
continues to be in jeopardy from pillage
U.S. Customs and Border Protection of Pre-Hispanic archaeological
Background materials, and made the necessary
DEPARTMENT OF THE TREASURY determinations to extend the import
Pursuant to the provisions of the 1970
United Nations Educational, Scientific restrictions for an additional five years.
19 CFR Part 12 Diplomatic notes have been exchanged,
and Cultural Organization (UNESCO)
[CBP Dec. 15–13] Convention, implemented by the reflecting the extension of those
Convention on Cultural Property restrictions for an additional five year
RIN 1515–AE05 period. Accordingly, CBP is amending
Implementation Act (Pub. L. 97–446, 19
U.S.C. 2601 et seq.), the United States 19 CFR 12.104g(a) to reflect this
Extension of Import Restrictions on extension of the import restrictions.
Certain Categories of Archaeological entered into a bilateral agreement with
the Republic of Nicaragua concerning The Designated List of Pre-Hispanic
Material From the Pre-Hispanic
the imposition of import restrictions on Archaeological Material from Nicaragua
Cultures of the Republic of Nicaragua
certain categories of archeological covered by these import restrictions is
AGENCY: Customs and Border Protection, material from the Pre-Hispanic cultures set forth in T.D. 00–75. The Designated
Department of Homeland Security; of the Republic of Nicaragua on June 16, List and accompanying image database
Department of the Treasury. 1999, and following completion by the may also be found at the following
ACTION: Final rule. Government of Nicaragua of all internal Internet Web site address: http://
legal requirements, the agreement exchanges.state.gov/heritage/culprop/
SUMMARY: This document amends entered into force on October 20, 2000. nifact.html.
Customs and Border Protection (CBP) On October 26, 2000, the former U.S. The restrictions on the importation of
regulations to reflect the extension of Customs Service (now U.S. Customs and these archaeological materials from the
import restrictions on certain categories Border Protection (CBP)) published T.D. Republic of Nicaragua are to continue in
of archaeological material from the Pre- 00–75 in the Federal Register (65 FR effect for an additional 5 years.
Hispanic cultures of the Republic of 64140), which amended 19 CFR Importation of such material continues
Nicaragua. The restrictions, which were 12.104g(a) to reflect the imposition of to be restricted unless the conditions set
originally imposed by Treasury Decision these restrictions and included a list forth in 19 U.S.C. 2606 and 19 CFR
(T.D.) 00–75 and extended by CBP designating the types of articles covered 12.104c are met.
Decision (CBP Dec.) 05–33 and CBP by the restrictions. Inapplicability of Notice and Delayed
Dec. 10–32 are due to expire on October Import restrictions listed in 19 CFR
Effective Date
20, 2015. The Assistant Secretary for 12.104g(a) are ‘‘effective for no more
Educational and Cultural Affairs, United than five years beginning on the date on This amendment involves a foreign
States Department of State, has which the agreement enters into force affairs function of the United States and
determined that factors continue to with respect to the United States. This is, therefore, being made without notice
warrant the imposition of import period may be extended for additional or public procedure (5 U.S.C. 553(a)(1)).
restrictions and no cause for suspension periods of not more than five years if it In addition, CBP has determined that
exists. Accordingly, these import is determined that the factors which such notice or public procedure would
restrictions will remain in effect for an justified the initial agreement still be impracticable and contrary to the
additional 5 years, and the CBP pertain and no cause for suspension of public interest because the action being
regulations are being amended to reflect the agreement exists’’ (19 CFR taken is essential to avoid interruption
this extension until October 20, 2020. 12.104g(a)). of the application of the existing import
These restrictions are being extended Since the initial notice was published restrictions (5 U.S.C. 553(b)(B)). For the
pursuant to determinations of the on October 26, 2000, the import same reasons, a delayed effective date is
srobinson on DSK5SPTVN1PROD with RULES

United States Department of State made restrictions were extended twice. First, not required under 5 U.S.C. 553(d)(3).
under the terms of the Convention on on October 20, 2005, CBP published
Regulatory Flexibility Act
Cultural Property Implementation Act CBP Dec. 05–33 in the Federal Register
that implemented the United Nations (70 FR 61031) which amended 19 CFR Because no notice of proposed
Educational, Scientific and Cultural 12.104g(a) to reflect the extension for an rulemaking is required, the provisions
Organization (UNESCO) Convention on additional period of 5 years. of the Regulatory Flexibility Act (5
the Means of Prohibiting and Preventing Subsequently, on October 20, 2010, CBP U.S.C. 601 et seq.) do not apply.

VerDate Sep<11>2014 16:54 Oct 05, 2015 Jkt 238001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\06OCR1.SGM 06OCR1

Document Created: 2015-12-15 08:51:09
Document Modified: 2015-12-15 08:51:09

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: October 20, 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 60292
RIN Number		1515-AE05
CFR Associated		Cultural Property; Customs Duties and Inspection; Imports and Prohibited Merchandise

80 FR 60292 - Extension of Import Restrictions on Certain Categories of Archaeological Material From the Pre-Hispanic Cultures of the Republic of Nicaragua

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

Federal Register Volume 80, Issue 193 (October 6, 2015)

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