Rule2021-26340
Extension of Import Restrictions Imposed on Certain Archaeological and Ethnological Material of Bolivia
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 3, 2021
Effective
December 4, 2021
Issuing agencies
Homeland Security DepartmentU.S. Customs and Border ProtectionTreasury Department
Abstract
This document amends the U.S. Customs and Border Protection (CBP) regulations to reflect an extension of import restrictions on certain archaeological and ethnological material of the Plurinational State of Bolivia (Bolivia). The restrictions, which were originally imposed by Treasury Decision (T.D.) 01-86 and last extended by CBP Decision (CBP Dec.) 16-24, are due to expire on December 4, 2021. The Acting 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. Pursuant to the exchange of diplomatic notes to extend the agreement, the import restrictions will remain in effect for an additional five years, and the CBP regulations are being amended to reflect this further extension until December 4, 2026. T.D. 01-86 contains the Designated List of archaeological and ethnological material from Bolivia to which the restrictions apply.
Full Text
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<title>Federal Register, Volume 86 Issue 230 (Friday, December 3, 2021)</title>
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[Federal Register Volume 86, Number 230 (Friday, December 3, 2021)]
[Rules and Regulations]
[Pages 68544-68546]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-26340]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
DEPARTMENT OF THE TREASURY
19 CFR Part 12
[CBP Dec. 21-18]
RIN 1515-AE69
Extension of Import Restrictions Imposed on Certain
Archaeological and Ethnological Material of Bolivia
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security; Department of the Treasury.
ACTION: Final rule.
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SUMMARY: This document amends the U.S. Customs and Border Protection
(CBP) regulations to reflect an extension of import restrictions on
certain archaeological and ethnological material of the Plurinational
State of Bolivia (Bolivia). The restrictions, which were originally
imposed by Treasury Decision (T.D.) 01-86 and last extended by CBP
Decision (CBP Dec.) 16-24, are due to expire on December 4, 2021. The
Acting 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. Pursuant to the exchange of diplomatic notes to
extend the agreement, the import restrictions will remain in effect for
an additional five years, and the CBP regulations are being amended to
reflect this further extension until December 4, 2026. T.D. 01-86
contains the Designated List of archaeological and ethnological
material from Bolivia to which the restrictions apply.
DATES: Effective December 4, 2021.
FOR FURTHER INFORMATION CONTACT: For legal aspects, W. Richmond
Beevers, Branch Chief, Cargo Security, Carriers and Restricted
Merchandise Branch, Regulations and Rulings, Office of Trade, (202)
325-0084, <a href="/cdn-cgi/l/email-protection#bcd3c891d3c8cecedfc9d0c8c9ceddd0ccced3ccd9cec8c5fcdfdecc92d8d4cf92dbd3ca"><span class="__cf_email__" data-cfemail="f19e85dc9e85838392849d858483909d81839e8194838588b1929381df959982df969e87">[email protected]</span></a>. For operational aspects,
Julie L. Stoeber, Chief, 1USG Branch, Trade Policy and Programs, Office
of Trade, (202) 945-7064, <a href="/cdn-cgi/l/email-protection#ac9df9ffebeedecdc2cfc4eccfcedc82c8c4df82cbc3da"><span class="__cf_email__" data-cfemail="88b9dddbcfcafae9e6ebe0c8ebeaf8a6ece0fba6efe7fe">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
Pursuant to the Convention on Cultural Property Implementation Act,
Public Law 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
(823 U.N.T.S. 231 (1972)), the United States entered into a bilateral
agreement with the Plurinational State of Bolivia (Bolivia) \1\ on
December 4, 2001, concerning the imposition of import restrictions on
certain archaeological and ethnological material of Bolivia. On
December 7, 2001, the U.S. Customs Service (U.S. Customs and Border
Protection's predecessor agency) published Treasury Decision (T.D.) 01-
86 in the Federal Register (66 FR 63490), which amended section
12.104g(a) of title 19 of the Code of Federal Regulations (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.
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\1\ In 2009, the new constitution of Bolivia changed the
country's official name from the ``Republic of Bolivia'' to the
``Plurinational State of Bolivia.''
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Import restrictions listed at 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.
Since the initial final rule was published on December 7, 2001, the
import restrictions were subsequently extended three (3) times. First,
on December 1, 2006, following the exchange of diplomatic notes, U.S.
Customs and Border Protection (CBP) published a final rule (CBP Dec.
06-26) in the Federal Register (71 FR 69477) to extend the import
restrictions for a period of five years to December 4, 2011. Second, on
December 1, 2011, following the exchange of diplomatic notes, CBP
published a final rule (CBP Dec. 11-24) in the Federal Register (76
[[Page 68545]]
FR 74690) to extend the import restrictions for an additional five-year
period to December 4, 2016. Third, on December 6, 2016, following the
exchange of diplomatic notes, CBP published a final rule (CBP Dec. 16-
24) in the Federal Register (81 FR 87804) to extend the import
restrictions for an additional five-year period to December 4, 2021.
On September 14, 2020, the United States Department of State
proposed in the Federal Register (85 FR 56681) to extend the Memorandum
of Understanding (MOU) between the United States and Bolivia concerning
the imposition of import restrictions on certain categories of
archaeological and ethnological material from Bolivia. On April 20,
2021, the Acting Assistant Secretary for Educational and Cultural
Affairs, United States Department of State, after consultation with and
recommendations by the Cultural Property Advisory Committee, determined
that the cultural heritage of Bolivia continues to be in jeopardy from
pillage of certain archaeological and ethnological material, and that
the import restrictions should be extended for an additional five
years. Pursuant to the exchange of diplomatic notes to extend the
agreement, the import restrictions will remain in effect for an
additional five years, and the CBP regulations are being amended to
reflect this further extension until December 4, 2026.
Accordingly, CBP is amending 19 CFR 12.104g(a) to reflect the
extension of the import restrictions. The restrictions on the
importation of archaeological and ethnological material are to continue
in effect until December 4, 2026. Importation of such material from
Bolivia 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.
The Designated List and additional information may also be found at
the following website address: <a href="https://eca.state.gov/cultural-heritage-center/cultural-property-advisory-committee/current-import-restrictions">https://eca.state.gov/cultural-heritage-center/cultural-property-advisory-committee/current-import-restrictions</a>
by selecting the material for ``Bolivia.''
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).
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
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.
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 his/her delegate) to approve regulations related to customs
revenue functions.
Troy A. Miller, the Acting Commissioner, having reviewed and
approved this document, is delegating the authority to electronically
sign this document to Robert F. Altneu, who is the Director 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 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;
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2. In Sec. 12.104g, amend the table in paragraph (a) by revising the
entry for Bolivia to read as follows:
Sec. 12.104g Specific items or categories designated by agreements or
emergency actions.
(a) * * *
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State party Cultural property Decision No.
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* * * * * * *
Bolivia......................... Archaeological and T.D. 01-86
Ethnological extended by CBP
Material from Dec. 21-18.
Bolivia.
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[[Page 68546]]
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Robert F. Altneu,
Director, Regulations & Disclosure Law Division, Regulations & Rulings,
Office of Trade U.S. Customs and Border Protection.
Approved: November 30, 2021.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2021-26340 Filed 12-1-21; 4:15 pm]
BILLING CODE 9111-14-P
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