Rule2022-12299
Extension of Import Restrictions Imposed on Certain Archaeological Artifacts and Ethnological Material From Peru
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
June 8, 2022
Effective
June 9, 2022
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 categories of archaeological artifacts and ethnological material of the Republic of Peru. The restrictions, which were originally imposed by Treasury Decision (T.D.) 97-50 and last extended by CBP Decision (CBP Dec.) 17-03, are due to expire on June 9, 2022, unless extended. The Assistant Secretary for Educational and Cultural Affairs, United States Department of State, has made the requisite determinations for extending the import restrictions that previously existed 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 through June 8, 2027. CBP-Dec. 17-03 contains the Designated List of archeological artifacts and ethnological material from Peru to which the restrictions apply.
Full Text
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<title>Federal Register, Volume 87 Issue 110 (Wednesday, June 8, 2022)</title>
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[Federal Register Volume 87, Number 110 (Wednesday, June 8, 2022)]
[Rules and Regulations]
[Pages 34775-34777]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12299]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
DEPARTMENT OF THE TREASURY
19 CFR Part 12
[CBP Dec. 22-11]
RIN 1515-AE73
Extension of Import Restrictions Imposed on Certain
Archaeological Artifacts and Ethnological Material From Peru
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 categories of archaeological artifacts and ethnological
material of the Republic of Peru. The restrictions, which were
originally imposed by Treasury Decision (T.D.) 97-50 and last extended
by CBP Decision (CBP Dec.) 17-03, are due to expire on June 9, 2022,
unless extended. The Assistant Secretary for Educational and Cultural
Affairs, United States Department of State, has made the requisite
determinations for extending the import restrictions that previously
existed 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 through June 8,
2027. CBP-Dec. 17-03 contains the Designated List of archeological
artifacts and ethnological material from Peru to which the restrictions
apply.
DATES: Effective on June 9, 2022.
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, <a href="/cdn-cgi/l/email-protection#1778633a7863656574627b636265767b676578677265636e5774756739737f6439707861"><span class="__cf_email__" data-cfemail="d3bca7febca7a1a1b0a6bfa7a6a1b2bfa3a1bca3b6a1a7aa93b0b1a3fdb7bba0fdb4bca5">[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#e1d0b4b2a6a393808f8289a1828391cf858992cf868e97"><span class="__cf_email__" data-cfemail="30016563777242515e5358705352401e5458431e575f46">[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
[[Page 34776]]
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 Republic of Peru (Peru) on June 9, 1997, concerning
the imposition of import restrictions on archaeological material from
the Pre-Hispanic cultures and certain ethnological material from the
Colonial period of Peru (the Memorandum of Understanding (MOU) between
the United States of America and the Republic of Peru).
On June 11, 1997, the U.S. Customs Service (U.S. Customs and Border
Protection's predecessor agency) published Treasury Decision (T.D.) 97-
50 in the Federal Register (62 FR 31713), which amended Sec.
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 archaeological and
ethnological material covered by the restrictions. These restrictions
continued the protection of archaeological material from the
Sip[aacute]n Archaeological Region forming part of the remains of the
Moche culture that were first subject to emergency import restrictions
on May 7, 1990 (T.D. 90-37), which were extended on June 27, 1994 (T.D.
94-54).
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 no more than five years if it is
determined that the factors which justified the agreement still pertain
and no cause for suspension of the agreement exists. See 19 CFR
12.104g(a).
Since the initial final rule was published on June 11, 1997, the
import restrictions were subsequently extended four (4) times. First,
on June 6, 2002, following the exchange of diplomatic notes, the former
U.S. Customs Service published a final rule (T.D. 02-30) in the Federal
Register (67 FR 38877) to extend the import restrictions for a period
of five years. Second, on June 6, 2007, following the exchange of
diplomatic notes, CBP published a final rule (CBP Dec. 07-27) in the
Federal Register (72 FR 31176) to extend the import restrictions for an
additional five-year period. Third, on June 7, 2012, following the
exchange of diplomatic notes, CBP published a final rule (CBP Dec. 12-
11) in the Federal Register (77 FR 33624) to extend the import
restrictions for an additional five-year period. Fourth and lastly, on
June 7, 2017, following the exchange of diplomatic notes, CBP published
a final rule (CBP Dec. 17-03) in the Federal Register (82 FR 26340) to
extend the import restrictions for an additional five-year period
through June 8, 2022.
On September 13, 2021, the United States Department of State
proposed in the Federal Register (86 FR 50931) to extend the MOU
between the United States and Peru concerning the import restrictions
on certain categories of archaeological and ethnological material from
Peru. On March 15, 2022, after consultation with and recommendations by
the Cultural Property Advisory Committee, the Assistant Secretary for
Educational and Cultural Affairs, United States Department of State,
determined that the cultural heritage of Peru continues to be in
jeopardy from pillage of certain archeological 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 through June 8, 2027.
Accordingly, CBP is amending 19 CFR 12.104g(a) to reflect the
extension of the import restrictions. The restrictions on the
importation of archaeological artifacts and ethnological material are
to continue to be in effect through June 8, 2027. Importation of such
material from Peru 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 ``Peru.''
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.
Chris Magnus, the Commissioner of CBP, having reviewed and approved
this document, has delegated 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 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
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 Peru to read as follows:
Sec. 12.104g Specific items or categories designated by agreements
or emergency actions.
(a) * * *
[[Page 34777]]
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State party Cultural property Decision No.
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* * * * * * *
Peru..................................... Archaeological artifacts and CBP Dec. 22-11.
ethnological material from Peru.
* * * * * * *
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* * * * *
Robert F. Altneu,
Director, Regulations & Disclosure Law Division, Regulations & Rulings,
Office of Trade, U.S. Customs and Border Protection.
Approved:
Thomas C. West Jr.,
Deputy Assistant Secretary of the Treasury for Tax Policy.
[FR Doc. 2022-12299 Filed 6-7-22; 8:45 am]
BILLING CODE 9111-14-P
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