Previous Article 89 FR 49 pgs. 17727-17728 - Extension of Import Restrictions Imposed on Archaeological and Ecclesiastical Ethnological Material From Honduras
Type: RULEVolume: 89Number: 49Pages: 17727 - 17728
Pages: 17727, 17728Docket number: [CBP Dec. 24–06]
FR document: [FR Doc. 2024–05345 Filed 3–8–24; 4:15 pm]
Agency: Treasury Department
Sub Agency: U.S. Customs and Border Protection
Official PDF Version: PDF Version
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
DEPARTMENT OF THE TREASURY
19 CFR Part 12
[CBP Dec. 24-06]
RIN 1515-AE86
Extension of Import Restrictions Imposed on Archaeological and Ecclesiastical Ethnological Material From Honduras
AGENCY:
U.S. Customs and Border Protection, Department of Homeland Security; Department of the Treasury.
ACTION:
Final rule.
SUMMARY:
This document amends the U.S. Customs and Border Protection (CBP) regulations to extend import restrictions on certain archaeological and ecclesiastical ethnological material from Honduras. The Assistant Secretary for Educational and Cultural Affairs, United States Department of State, has made the requisite determinations for extending the import restrictions, which were originally imposed by CBP Decision (CBP Dec.) 04-08 and last extended by CBP Dec. 19-03. The United States and Honduras have also agreed to extend the restrictions for an additional five-year period. Accordingly, these import restrictions will remain in effect for an additional five years, and the CBP regulations are being amended to reflect this further extension through March 12, 2029.
DATES:
Effective March 12, 2024.
FOR FURTHER INFORMATION CONTACT:
For legal aspects, W. Richmond Beevers, Chief, Cargo Security, Carriers and Restricted Merchandise Branch, Regulations and Rulings, Office of Trade, (202) 325-0084, ot-otrrculturalproperty@cbp.dhs.gov. For operational aspects, Julie L. Stoeber, Chief, 1USG Branch, Trade Policy and Programs, Office of Trade, (202) 945-7064, 1USGBranch@cbp.dhs.gov.
SUPPLEMENTARY INFORMATION:
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 materials. Under the CPIA and the applicable U.S. Customs and Border Protection (CBP) regulations, found in §§??12.104 through 12.104i of title 19 of the Code of Federal Regulations (19 CFR 12.104 through 12.104i), 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 March 12, 2004, the United States entered into a bilateral agreement with the Republic of Honduras (Honduras) to impose import restrictions on certain archaeological material representing the Pre-Columbian cultures of Honduras and ranging in date from approximately 1200 B.C. to 1500 A.D. On March 16, 2004, CBP published a final rule (CBP Dec. 04-08) in the Federal Register (69 FR 12267), which amended 19 CFR?12.104g(a) to reflect the imposition of these restrictions, and included a list designating the types of archaeological materials covered by the restrictions.
The import restrictions were subsequently extended three times in accordance with 19 U.S.C. 2602(e) and 19 CFR 12.104g(a), and the designated list was amended once. On March 11, 2009, CBP published a final rule (CBP Dec. 09-05) in the Federal Register (74 FR 10482), which amended §?12.104g(a) to reflect the extension of these import restrictions for an additional five years. On March 12, 2014, CBP published a final rule (CBP Dec. 14-03) in the Federal Register (79 FR 13873), which amended §?12.104g(a) to reflect the extension of these import restrictions for an additional five years as well as amending the Designated List to add restrictions on ecclesiastical ethological material dating to the Colonial period of Honduras, c. A.D. 1502 to 1821.
Subsequently, on March 5, 2019, the United States and Honduras entered into a superseding memorandum of understanding (MOU), that extended the import restrictions for an additional five years. On March 12, 2019, CBP published a final rule (CBP Dec. 19-03) in the Federal Register (84 FR 8807), which amended §??12.104g(a) to reflect the extension of these import restrictions for an additional five years. These import restrictions are due to expire on March 12, 2024.
On August 8, 2023, the United States Department of State proposed in the Federal Register (88 FR 53576) to extend the MOU. On January 24, 2024, 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, made the necessary determinations to extend the import restrictions for an additional five years. Following an exchange of diplomatic notes, the United States Department of State and the Government of the Republic of Honduras have agreed to extend the restrictions for an additional five-year period, through March 12, 2029.
Accordingly, CBP is amending 19 CFR 12.104g(a) to reflect the extension of these import restrictions. The restrictions on the importation of archaeological and ecclesiastical ethnological material from Honduras will continue in effect through March 12, 2029. Importation of such material from Honduras 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.
[top] The Designated List and additional information may also be found at the following website address: https://eca.state.gov/cultural-heritage-center/cultural-property/current-agreements-and-import-restrictions by selecting the material for "Honduras."
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 Orders 12866 and 13563
Executive Orders 12866 (as amended by Executive Order 14094) and 13563 direct 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). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. CBP has determined that this document is not a regulation or rule subject to the provisions of Executive Orders 12866 and 13563 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 and, by extension, Executive Order 13563.
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 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
This regulation is being issued in accordance with 19 CFR 0.1(a)(1) pertaining to the Secretary of the Treasury's authority (or that of the Secretary's delegate) to approve regulations related to customs revenue functions.
Troy A. Miller, the Senior Official Performing the Duties of the Commissioner, having reviewed and approved this document, has delegated the authority to electronically sign this document to the Director (or Acting Director, if applicable) of the Regulations and Disclosure Law Division for CBP, for purposes of publication in the Federal Register .
List of Subjects in 19 CFR Part 12
Cultural property, Customs duties and inspection, Imports, Prohibited merchandise, Reporting and recordkeeping requirements.
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:
PART 12-SPECIAL CLASSES OF MERCHANDISE
1. The general authority citation for part 12 and the specific authority citation for §?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;
2. In §?12.104g, amend the table in paragraph (a) by revising the entry for Honduras to read as follows:
§?12.104g Specific items or categories designated by agreements or emergency actions.
(a) * * *
| State party | Cultural property | Decision No. |
|---|---|---|
| * * * * * * * | ||
| Honduras | Archaeological material of Pre-Columbian cultures ranging approximately from 1200 B.C. to 1500 A.D, and ecclesiastical ethnological materials dating from the Colonial Period, c. A.D. 1502 to 1821 | CBP Dec. 14-03 extended by CBP Dec. 24-06. |
| * * * * * * * |
Robert F. Altneu,
Director, Regulations and Disclosure Law Division, Regulations and Rulings, Office of Trade, U.S. Customs and Border Protection.
Aviva R. Aron-Dine,
Acting Assistant Secretary of the Treasury for Tax Policy.
[FR Doc. 2024-05345 Filed 3-8-24; 4:15 pm]
BILLING CODE 9111-14-P