Rule2024-05345
Extension of Import Restrictions Imposed on Archaeological and Ecclesiastical Ethnological Material From Honduras
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
March 12, 2024
Effective
March 12, 2024
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 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.
Full Text
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<title>Federal Register, Volume 89 Issue 49 (Tuesday, March 12, 2024)</title>
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[Federal Register Volume 89, Number 49 (Tuesday, March 12, 2024)]
[Rules and Regulations]
[Pages 17727-17728]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-05345]
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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.
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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, <a href="/cdn-cgi/l/email-protection#b1dec59cdec5c3c3d2c4ddc5c4c3d0ddc1c3dec1d4c3c5c8f1d2d3c19fd5d9c29fd6dec7"><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#5d6c080e1a1f2f3c333e351d3e3f2d7339352e733a322b"><span class="__cf_email__" data-cfemail="a594f0f6e2e7d7c4cbc6cde5c6c7d58bc1cdd68bc2cad3">[email protected]</span></a>.
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 Sec. Sec. 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 Sec. 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 Sec. 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 Sec. 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.
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 ``Honduras.''
[[Page 17728]]
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
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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;
* * * * *
0
2. In Sec. 12.104g, amend the table in paragraph (a) by revising the
entry for Honduras 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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* * * * * * *
Honduras...................... Archaeological CBP Dec. 14-03
material of Pre- extended by CBP
Columbian cultures Dec. 24-06.
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.
* * * * * * *
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* * * * *
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
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