Rule2024-17892
Extension of Import Restrictions Imposed on Certain Archaeological Material of Algeria
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
August 12, 2024
Effective
August 15, 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 material from the People's Democratic Republic of Algeria. 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 19-09. 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 August 15, 2029.
Full Text
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<title>Federal Register, Volume 89 Issue 155 (Monday, August 12, 2024)</title>
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[Federal Register Volume 89, Number 155 (Monday, August 12, 2024)]
[Rules and Regulations]
[Pages 65539-65540]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-17892]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
DEPARTMENT OF THE TREASURY
19 CFR Part 12
[CBP Dec. 24-13]
RIN 1515-AE90
Extension of Import Restrictions Imposed on Certain
Archaeological Material of Algeria
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 material from the People's Democratic Republic of
Algeria. 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 19-09. 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 August 15, 2029.
DATES: Effective August 15, 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#d7b8a3fab8a3a5a5b4a2bba3a2a5b6bba7a5b8a7b2a5a3ae97b4b5a7f9b3bfa4f9b0b8a1"><span class="__cf_email__" data-cfemail="a2cdd68fcdd6d0d0c1d7ced6d7d0c3ced2d0cdd2c7d0d6dbe2c1c0d28cc6cad18cc5cdd4">[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#54650107131626353a373c143736247a303c277a333b22"><span class="__cf_email__" data-cfemail="172642445055657679747f5774756739737f6439707861">[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 material. Under the CPIA and the applicable U.S. Customs
and Border Protection (CBP) regulations, found in Sec. 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)). 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 August 15, 2019, the United States entered into a bilateral
agreement with the People's Democratic Republic of Algeria (Algeria) to
impose import restrictions on certain archaeological material
representing Algeria's cultural heritage that is at least 250 years
old, dating from the Paleolithic (approximately 2.4 million years ago),
Neolithic, Classical, Byzantine, and Islamic periods and into the
Ottoman period to A.D. 1750 (2019 MOU). On August 16, 2019, CBP
published a final rule (CBP Dec. 19-09) in the Federal Register (84 FR
41909), which amended 19 CFR 12.104g(a) to reflect the imposition of
these restrictions, including a list designating the types of
archaeological material covered by the restrictions.
On December 13, 2023, the United States Department of State
proposed in the Federal Register (88 FR 86437) to extend the 2019 MOU.
On April 23, 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 and the Government of the People's Democratic
Republic of Algeria have agreed to extend the restrictions for an
additional five-year period, through August 15, 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 material from Algeria will continue in
effect through August 15, 2029. Importation of such material from
Algeria 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 ``Algeria.''
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 (Regulatory Planning and Review), as amended
by Executive Order 14094 (Modernizing Regulatory Review), and 13563
(Improving Regulation and Regulatory Review) 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 costs and
benefits, reducing costs, harmonizing rules, and 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
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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.
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, amend the table in paragraph (a) by revising the
entry for Algeria 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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* * * * * * *
Algeria.................. Archaeological material CBP Dec. 19-09,
representing Algeria's extended by CBP
cultural heritage that Dec. 24-13.
is at least 250 years
old, dating from the
Paleolithic
(approximately 2.4
million years ago),
Neolithic, Classical,
Byzantine, and Islamic
periods and into the
Ottoman period to A.D.
1750.
* * * * * * *
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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.
Approved.
Aviva R. Aron-Dine,
Acting Assistant Secretary of the Treasury for Tax Policy.
[FR Doc. 2024-17892 Filed 8-9-24; 8:45 am]
BILLING CODE 9111-14-P
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