83 FR 8354 - Extension of Import Restrictions Imposed on Certain Archaeological Material From Belize

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

Federal Register Volume 83, Issue 39 (February 27, 2018)

This final rule amends U.S. Customs and Border Protection (CBP) regulations to reflect the extension of import restrictions on certain archaeological material from Belize. These restrictions, which were imposed by CBP Dec. 13-05, are due to expire on February 27, 2018, unless extended. The Acting Assistant Secretary for Educational and Cultural Affairs, United States Department of State (Department of State), has determined that conditions 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 additional extension. These restrictions are being extended pursuant to determinations of the Department of State under the terms of the Convention on Cultural Property Implementation Act, which implements 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. CBP Dec. 13-05 contains the Designated List of archaeological material that describes the articles to which the restrictions apply.

[Federal Register Volume 83, Number 39 (Tuesday, February 27, 2018)]
[Rules and Regulations]
[Pages 8354-8355]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03946]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Part 12

[CBP Dec. 18-02]
RIN 1515-AE37


Extension of Import Restrictions Imposed on Certain 
Archaeological Material From Belize

AGENCY: 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 U.S. Customs and Border Protection 
(CBP) regulations to reflect the extension of import restrictions on 
certain archaeological material from Belize. These restrictions, which 
were imposed by CBP Dec. 13-05, are due to expire on February 27, 2018, 
unless extended. The Acting Assistant Secretary for Educational and 
Cultural Affairs, United States Department of State (Department of 
State), has determined that conditions 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 additional extension. These 
restrictions are being extended pursuant to determinations of the 
Department of State under the terms of the Convention on Cultural 
Property Implementation Act, which implements 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. CBP Dec. 13-05 contains 
the Designated List of archaeological material that describes the 
articles to which the restrictions apply.

DATES: Effective February 27, 2018.

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, 
[email protected]. 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:

[[Page 8355]]

Background

    Pursuant to the provisions of 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.), which implements 
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 (hereinafter, the Convention), in U.S. law, the 
United States may enter into an international agreement with another 
State Party to the Convention to impose import restrictions on eligible 
archaeological and ethnological materials under procedures and 
requirements prescribed by the Act. Under the Act and applicable 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, not to 
exceed five years, if 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 February 27, 2013, the United States entered into a bilateral 
agreement with the Government of Belize concerning the imposition of 
import restrictions on certain categories of archaeological material 
originating in Belize, pursuant to the Act. (The agreement can be found 
online at https://eca.state.gov/files/bureau/bzmou2013.pdf.) On March 
5, 2013, CBP published CBP Dec. 13-05 in the Federal Register (78 FR 
14183), which amended 19 CFR 12.104g(a) to reflect the imposition of 
restrictions on this material and included a list designating the types 
of archaeological material covered by the restrictions. These 
restrictions were to be effective through February 27, 2018.
    On January 12, 2018, after reviewing the findings and 
recommendations of the Cultural Property Advisory Committee, the Acting 
Assistant Secretary for Educational and Cultural Affairs, Department of 
State, concluding that the cultural heritage of Belize continues to be 
in jeopardy from pillage of certain archaeological material, made the 
necessary statutory determinations, and decided to extend the agreement 
with Belize for an additional five-year period to February 27, 2023. 
Diplomatic notes have been exchanged that reflect the extension of the 
agreement. Accordingly, CBP is amending 19 CFR 12.104g(a) in order to 
reflect the extension of the import restrictions pursuant to the 
agreement.
    The Designated List of Archaeological Material originating in 
Belize covered by these import restrictions is set forth in CBP Dec. 
13-05, which can be found online at: https://eca.state.gov/files/bureau/bz2013dlfrn.pdf.
    The restrictions on the importation of this archaeological material 
originating in Belize 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 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, the table in paragraph (a) is amended in the entry 
for Belize by adding the words ``extended by ``CBP Dec. 18-02'' after 
the words ``CBP Dec. 13-05'' in the column headed ``Decision No.''.

Kevin K. McAleenan,
Acting Commissioner, U.S. Customs and Border Protection.
    Approved: February 21, 2018.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2018-03946 Filed 2-26-18; 8:45 am]
BILLING CODE 9111-14-P