SUPPLEMENTARY INFORMATION:

I. Background

The Convention on Cultural Property Implementation Act (Pub. L. 97-446, 19 U.S.C. 2601 et seq.) (CPIA), 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 (823 U.N.T.S. 231 (1972)) (the Convention), allows for the conclusion of an agreement between the United States and another party to the Convention to impose import restrictions on eligible archaeological and ethnological material. Under the CPIA and the applicable U.S. Customs and Border Protection (CBP) regulations, found in § 12.104 of title 19 of the Code of Federal Regulations (19 CFR 12.104), the restrictions are effective for no more than five years beginning on the date on which an 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 extension 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 January 19, 2021, the United States and the Republic of Türkiye (Türkiye) entered into a Memorandum of Understanding entitled, “Memorandum of Understanding between the Government of the United States of America and the Government of the Republic of Turkey Concerning the Imposition of Import Restrictions on Categories of Archaeological and Ethnological Material of Turkey” ^[1] (the 2021 MOU). The 2021 MOU entered into force upon the exchange of diplomatic notes, on March 24, 2021, and reflects an agreement to impose import restrictions on categories of archaeological material, ranging in date from approximately 1,200,000 B.C. to A.D. 1770, and ethnological material, ranging in date from the 1st century A.D. to A.D. 1923, representing Türkiye's cultural heritage.

On June 16, 2021, CBP published a final rule (CBP Decision (Dec.) Number 21-09) in the Federal Register (86 FR 31910), which amended 19 CFR 12.104g(a) to reflect the imposition of these restrictions, including a list designating the types of archaeological and ethological material covered by the restrictions, for a five-year period ending on March 24, 2026. On August 7, 2025, the United States Department of State proposed in the Federal Register (90 FR 38194) to extend the 2021 MOU. On January 6, 2026, after considering the views and recommendations of the Cultural Property Advisory Committee, the Under Secretary for Public Diplomacy, United States Department of State, made the necessary determinations to extend the MOU for an additional five years. Pursuant to an exchange of diplomatic notes, which entered into force on May 5, 2026, the United States and Türkiye have agreed to extend the 2021 MOU for an additional five-year period, through March 24, 2031. However, in the absence of a final rule extending enforcement of the restrictions, enforcement of these restrictions ended on March 24, 2026. Enforcement of the extension will begin upon publication of this document in the Federal Register .

Accordingly, CBP is amending 19 CFR 12.104g(a) to reflect the extension of the import restrictions. The restrictions on the importation of categories of archaeological and ethnological material of Türkiye will continue in effect until March 24, 2031. Importation of such material from Türkiye continues to be restricted until that date unless the conditions set forth in 19 U.S.C. 2606 and 19 CFR 12.104c are met.

The Designated List, which includes archaeological material from Türkiye ranging in date from approximately 1,200,000 B.C. to A.D. 1770, and ethnological material from Türkiye from the 1st century A.D. to the end of the Ottoman Empire with the foundation of the Republic of Türkiye in A.D. 1923, covered by these import restrictions is set forth in CBP Dec. 21-09. The Designated List and additional information may also be found at the following website address: https://www.state.gov/​current-agreements-and-import-restrictions by selecting the materials for the appropriate country.

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). For the same reason, a delayed effective date is not required under 5 U.S.C. 553(d)(3).

Executive Order 12866

Executive Order 12866 (Regulatory Planning and Review) directs agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). CBP has determined that this document is not a regulation or rule subject to the provisions of Executive Order 12866 because it pertains to a foreign affairs function of the United States, as described above, and therefore is specifically exempted by section 3(d)(2) of Executive Order 12866.

Regulatory Flexibility Act

The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996, requires an agency to prepare and make available to the public a regulatory flexibility analysis ( printed page 26913) that describes the effect of a proposed rule on small entities ( i.e., small businesses, small organizations, and small governmental jurisdictions) when the agency is required to publish a general notice of proposed rulemaking for a rule. Since a general notice of proposed rulemaking is not necessary for this rule, CBP is not required to prepare a regulatory flexibility analysis for this rule.

Signing Authority

In accordance with Treasury Order 100-20, the Secretary of the Treasury has delegated to the Secretary of Homeland Security the authority related to the customs revenue functions vested in the Secretary of the Treasury as set forth in 6 U.S.C. 212 and 215, subject to certain exceptions. This regulation is being issued in accordance with Department of Homeland Security Delegation 07010.3, Revision 03.2, which delegates to the Commissioner of CBP the authority to prescribe and approve regulations related to cultural property import restrictions.

Rodney S. Scott, Commissioner, having reviewed and approved this document, has delegated the authority to electronically sign this document to the Director of the Regulations and Disclosure Law Division of CBP, for purposes of publication in the Federal Register .

Amendment to the 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:

91 FR 26912