Rule2022-20958
Extension of Import Restrictions on Archaeological and Ecclesiastical Ethnological Materials From Guatemala
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
September 28, 2022
Effective
September 29, 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 and ecclesiastical ethnological materials from Guatemala to fulfill the terms of the new agreement, titled "Memorandum of Understanding between the Government of the United States of America and the Government of the Republic of Guatemala Concerning the Imposition of Import Restrictions on Categories Of Archaeological and Ethnological Material of Guatemala." CBP Dec. 12-17, which contains the Designated List of archaeological and ecclesiastical ethnological material from Guatemala to which the restrictions apply, is being extended for an additional five years by this final rule.
Full Text
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<title>Federal Register, Volume 87 Issue 187 (Wednesday, September 28, 2022)</title>
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[Federal Register Volume 87, Number 187 (Wednesday, September 28, 2022)]
[Rules and Regulations]
[Pages 58727-58729]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-20958]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
DEPARTMENT OF THE TREASURY
19 CFR Part 12
[CBP Dec. 22-24]
RIN 1515-AE76
Extension of Import Restrictions on Archaeological and
Ecclesiastical Ethnological Materials From Guatemala
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
[[Page 58728]]
(CBP) regulations to reflect an extension of import restrictions on
certain categories of archaeological and ecclesiastical ethnological
materials from Guatemala to fulfill the terms of the new agreement,
titled ``Memorandum of Understanding between the Government of the
United States of America and the Government of the Republic of
Guatemala Concerning the Imposition of Import Restrictions on
Categories Of Archaeological and Ethnological Material of Guatemala.''
CBP Dec. 12-17, which contains the Designated List of archaeological
and ecclesiastical ethnological material from Guatemala to which the
restrictions apply, is being extended for an additional five years by
this final rule.
DATES: Effective September 29, 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#89e6fda4e6fdfbfbeafce5fdfcfbe8e5f9fbe6f9ecfbfdf0c9eaebf9a7ede1faa7eee6ff"><span class="__cf_email__" data-cfemail="5e312a73312a2c2c3d2b322a2b2c3f322e2c312e3b2c2a271e3d3c2e703a362d70393128">[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#25147076626757444b464d654647550b414d560b424a53"><span class="__cf_email__" data-cfemail="4b7a1e180c09392a2528230b28293b652f2338652c243d">[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 memorandum
of understanding (MOU) with the Republic of Guatemala (Guatemala) on
September 29, 1997, concerning the imposition of import restrictions on
archaeological material from the Pre-Columbian cultures of Guatemala
(the 1997 MOU). The 1997 MOU included among the materials covered by
the restrictions, the archaeological materials from the Peten Region of
Guatemala, then subject to the emergency restrictions imposed by the
former U.S. Customs Service (U.S. Customs and Border Protection's (CBP)
predecessor agency) in Treasury Decision (T.D.) 91-34 (56 FR 15181
(April 15, 1991)). These emergency import restrictions were imposed
pursuant to 19 U.S.C. 2603(c) and 19 CFR 12.104g(b) and effective for a
period of five years. They were subsequently extended pursuant to 19
U.S.C. 2603(c)(3), for a three-year period by publication of T.D. 94-84
in the Federal Register (59 FR 54817 (November 2, 1994)).
On October 3, 1997, the former U.S. Customs Service published T.D.
97-81 in the Federal Register (62 FR 51771), which amended 19 CFR
12.104g(a) to reflect the imposition of restrictions on these materials
and included a list designating the types of archaeological materials
covered by the restrictions.
Import restrictions listed at 19 CFR 12.104g(a) 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. 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 October 3, 1997, the
import restrictions were subsequently extended and/or amended four (4)
times. First, on September 30, 2002, the former U.S. Customs Service
published a final rule (T.D. 02-56) in the Federal Register (67 FR
61259) to extend the import restrictions for an additional five-year
period.
Second, on September 26, 2007, CBP published a final rule (CBP Dec.
07-79) in the Federal Register (72 FR 54538) to extend the import
restrictions for an additional five-year period.
Third, on September 28, 2012, CBP published a final rule (CBP Dec.
12-17) in the Federal Register (77 FR 59541) amending the CBP
regulations to reflect the extension of import restrictions on
archaeological materials and the addition of ecclesiastical
ethnological materials of the Conquest and Colonial Periods of
Guatemala, c. A.D. 1524 to 1821.
Fourth and lastly, on September 28, 2017, CBP published a final
rule (CBP Dec. 17-14) in the Federal Register (82 FR 45178) to extend
the import restrictions for an additional five-year period through
September 28, 2022.
On January 6, 2022, the United States Department of State proposed
in the Federal Register (87 FR 792) to extend the 1997 MOU between the
United States and Guatemala concerning the import restrictions on
certain categories of archaeological and ecclesiastical ethnological
material from Guatemala. On May 5, 2022, 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, determined that the cultural heritage of Guatemala
continues to be in jeopardy from pillage of certain archeological and
ecclesiastical ethnological materials, and that the import restrictions
should be extended for an additional five years, pursuant to 19 U.S.C.
2602(e). Pursuant to the new agreement, the existing import
restrictions will remain in effect for an additional five years through
September 28, 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 and ecclesiastical ethnological material
are to continue to be in effect through September 28, 2027. Importation
of such material from Guatemala 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/current-agreements-and-import-restrictions">https://eca.state.gov/cultural-heritage-center/cultural-property/current-agreements-and-import-restrictions</a> by
selecting the material for ``Guatemala.''
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
[[Page 58729]]
purposes of publication in the Federal Register.
List of Subjects in 19 CFR Part 12
Cultural property, Customs duties and inspection, Imports,
Prohibited merchandise, and 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 Guatemala 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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* * * * * * *
Guatemala..................... Archaeological CBP Dec. 12-17
material, c. 12,000 extended by CBP
B.C. to A.D. 1524, Dec. 22-24.
and Hispanic period
ecclesiastical
ethnological
material, c. A.D.
1524 to 1821.
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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. 2022-20958 Filed 9-27-22; 8:45 am]
BILLING CODE 9111-14-P
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