Rule2024-11177
Import Restrictions Imposed on Archaeological and Ethnological Material From Ecuador; Correction
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
May 22, 2024
Effective
May 22, 2024
Issuing agencies
Homeland Security DepartmentU.S. Customs and Border ProtectionTreasury Department
Abstract
On February 14, 2020, U.S. Customs and Border Protection (CBP) published a final rule in the Federal Register (CBP Dec. 20-03) imposing import restrictions on certain archaeological and ethnological material from Ecuador, pursuant to a memorandum of understanding between the United States and Ecuador. This document corrects the expiration date of the import restrictions to February 11, 2025, to correspond with the date the import restrictions entered into force. The CBP regulations are being amended to reflect this correction. The Designated List of materials to which the restrictions apply remains unchanged.
Full Text
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<title>Federal Register, Volume 89 Issue 100 (Wednesday, May 22, 2024)</title>
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[Federal Register Volume 89, Number 100 (Wednesday, May 22, 2024)]
[Rules and Regulations]
[Pages 44921-44922]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-11177]
[[Page 44921]]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
DEPARTMENT OF THE TREASURY
19 CFR Part 12
[CBP Dec. 24-10]
RIN 1515-AE89
Import Restrictions Imposed on Archaeological and Ethnological
Material From Ecuador; Correction
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security; Department of the Treasury.
ACTION: Final rule; correction.
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SUMMARY: On February 14, 2020, U.S. Customs and Border Protection (CBP)
published a final rule in the Federal Register (CBP Dec. 20-03)
imposing import restrictions on certain archaeological and ethnological
material from Ecuador, pursuant to a memorandum of understanding
between the United States and Ecuador. This document corrects the
expiration date of the import restrictions to February 11, 2025, to
correspond with the date the import restrictions entered into force.
The CBP regulations are being amended to reflect this correction. The
Designated List of materials to which the restrictions apply remains
unchanged.
DATES: The final rule is effective May 22, 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#7718035a1803050514021b030205161b070518071205030e3714150759131f0459101801"><span class="__cf_email__" data-cfemail="d5baa1f8baa1a7a7b6a0b9a1a0a7b4b9a5a7baa5b0a7a1ac95b6b7a5fbb1bda6fbb2baa3">[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#f3c2a6a0b4b181929d909bb3909183dd979b80dd949c85"><span class="__cf_email__" data-cfemail="d8e98d8b9f9aaab9b6bbb098bbbaa8f6bcb0abf6bfb7ae">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Correction
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 applicable U.S. Customs and
Border Protection (CBP) regulations, found in section 12.104 of title
19 of the Code of Federal Regulations (19 CFR 12.104), 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)).
On May 22, 2019, the United States concluded a memorandum of
understanding (``the MOU'') with the Republic of Ecuador, concerning
the imposition of import restrictions on certain categories of
archaeological and ethnological material of Ecuador. Pursuant to the
terms of the MOU, the MOU entered into force upon the completion of the
exchange of diplomatic notes on February 11, 2020. On February 14,
2020, CBP published a final rule, CBP Dec. 20-03, in the Federal
Register (85 FR 8389) (``the final rule'') amending title 19 of the
Code of Federal Regulations (CFR) part 12, specifically Sec.
12.104g(a), to reflect the imposition of restrictions on this material,
including a list designating the types of archaeological and
ethnological materials covered by the restrictions.
The final rule erroneously stated the import restrictions entered
into force on May 22, 2019, citing to the date of the signing of the
MOU by both parties, and would expire on May 22, 2024. However, in
accordance with the terms of the MOU, the restrictions actually entered
into force upon the completion of the exchange of diplomatic notes. The
parties exchanged the diplomatic notes on February 11, 2020, and not
May 22, 2019, as the final rule stated. Thus, consistent with the
requirements of 19 U.S.C. 2602(b) and 19 CFR 12.104g, the import
restrictions will expire on February 11, 2025, unless extended.
Accordingly, CBP is amending 19 CFR 12.104g(a) to reflect the
correction of the expiration date.
The Designated List remains unchanged and can be found in CBP Dec.
20-03, and 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 ``Ecuador.''
Inapplicability of Notice and Delayed Effective Date
This rule 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, and Reporting and recordkeeping requirements.
[[Page 44922]]
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;
* * * * *
0
2. In Sec. 12.104g, the table in paragraph (a) is amended by revising
the entry for Ecuador 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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* * * * * * *
Ecuador.................. Archaeological and CBP Dec. 20-03,
ethnological material corrected by CBP
representing Ecuador's Dec. 24-10.
cultural heritage that
is at least 250 years
old, dating from the
Pre-ceramic
(approximately 12,000
B.C.), Formative,
Regional development,
Integration, Inka
periods and into the
Colonial period to A.D.
1769.
* * * * * * *
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* * * * *
Emily K. Rick,
Acting Director, Regulations & Disclosure Law Division, Regulations &
Rulings, Office of Trade, U.S. Customs and Border Protection.
Approved:
Aviva R. Aron-Dine,
Acting Assistant Secretary of the Treasury for Tax Policy.
[FR Doc. 2024-11177 Filed 5-21-24; 8:45 am]
BILLING CODE 9111-14-P
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