Rule2025-05147
Extension of Import Restrictions Imposed on Archaeological and Ethnological Material of Ecuador and 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
March 26, 2025
Effective
March 26, 2025
Issuing agencies
Homeland Security DepartmentU.S. Customs and Border Protection
Abstract
This document amends the U.S. Customs and Border Protection (CBP) regulations to extend import restrictions on certain archaeological and ethnological material from Ecuador. The Assistant Secretary of State 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 20-03. These import restrictions are being extended pursuant to an exchange of diplomatic notes. The CBP regulations are being amended to reflect this extension through January 16, 2030.
Full Text
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<title>Federal Register, Volume 90 Issue 57 (Wednesday, March 26, 2025)</title>
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[Federal Register Volume 90, Number 57 (Wednesday, March 26, 2025)]
[Rules and Regulations]
[Pages 13687-13688]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-05147]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 90, No. 57 / Wednesday, March 26, 2025 /
Rules and Regulations
[[Page 13687]]
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
19 CFR Part 12
[CBP Dec. 25-03]
RIN 1685-AA30
Extension of Import Restrictions Imposed on Archaeological and
Ethnological Material of Ecuador and Correction
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security.
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 ethnological material from Ecuador. The Assistant
Secretary of State 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 20-03. These import restrictions are being extended pursuant
to an exchange of diplomatic notes. The CBP regulations are being
amended to reflect this extension through January 16, 2030.
DATES: Effective on March 26, 2025.
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#88e7fca5e7fcfafaebfde4fcfdfae9e4f8fae7f8edfafcf1c8ebeaf8a6ece0fba6efe7fe"><span class="__cf_email__" data-cfemail="9ef1eab3f1eaececfdebf2eaebecfff2eeecf1eefbeceae7defdfceeb0faf6edb0f9f1e8">[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#52630701151020333c313a123130227c363a217c353d24"><span class="__cf_email__" data-cfemail="c9f89c9a8e8bbba8a7aaa189aaabb9e7ada1bae7aea6bf">[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 May 22, 2019, the United States and the Republic of Ecuador
(Ecuador) signed the ``Memorandum of Understanding Between the
Government of the United States of America and the Government of the
Republic of Ecuador Concerning the Imposition of Import Restrictions on
Categories of Archaeological and Ethnological Material of Ecuador''
(the MOU). Following the exchange of diplomatic notes, the MOU entered
into force on February 11, 2020. On February 14, 2020, CBP published a
final rule (CBP Dec. 20-03) in the Federal Register (85 FR 8389),\1\
which amended 19 CFR 12.104g(a) to impose import restrictions on
categories of archaeological and ethnological material. The designated
list identified archaeological material dating from the Pre-ceramic
period and into the Colonial period (approximately 12,000 B.C. to A.D.
1769), and ethnological material, including Colonial period
ecclesiastical material, and Colonial period secular paintings,
documents, and manuscripts, dating from A.D. 1532 to 1822.
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\1\ On May 22, 2024, this final rule was corrected by CBP Dec.
24-10 to reflect the proper entry into force date for the MOU and
adjust the corresponding expiration date of the import restrictions
(89 FR 44921).
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On April 24, 2024, the United States Department of State proposed
in the Federal Register (89 FR 31245) to extend the MOU. On December 2,
2024, after considering the views and recommendations of the Cultural
Property Advisory Committee, the Assistant Secretary of State for
Educational and Cultural Affairs, United States Department of State,
made the necessary determinations to extend the MOU for an additional
five years. Following an exchange of diplomatic notes, concluded on
January 16, 2025, the United States and Ecuador have agreed to extend
the MOU for an additional five-year period, through January 16, 2030.
However, in the absence of a final rule extending enforcement of the
restrictions, enforcement of these restrictions ended on February 11,
2025. Enforcement of the extension will begin upon publication of this
document in the Federal Register.
Accordingly, CBP is amending 19 CFR 12.104g(a) to reflect the
extension and reinstate enforcement of these restrictions. The
restrictions on the importation of archaeological and ethnological
material from Ecuador will continue in effect through January 16, 2030.
Importation of such material from Ecuador 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. Additionally, CBP is clarifying the dates
applicable to ethnological material of Ecuador, consistent with the
designated list published in CBP Dec. 20-03. As such, CBP is revising
the description language in the cultural property column found in 19
CFR 12.104g(a).
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 ``Ecuador.''
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.
[[Page 13688]]
553(a)(1). For the same reason, a delayed effective date is not
required under 5 U.S.C. 553(d)(3).
Executive Order 12866
Executive Order 12866 (Regulatory Planning and Review) directs
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). 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.
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
In accordance with Treasury Order 100-20, the Secretary of the
Treasury delegated to the Secretary of Homeland Security the authority
related to the customs revenue functions vested in the Secretary of the
Treasury as set forth in 6 U.S.C. 212 and 215, subject to certain
exceptions. This regulation is being issued in accordance with DHS
Directive 07010.3, Revision 03.2, which delegates to the Commissioner
of CBP the authority to prescribe and approve regulations related to
cultural property import restrictions.
Pete Flores, Acting 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 of 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 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 material that is CBP Dec. 20-03,
at least 250 years old, dating corrected by
from the Pre-ceramic period CBP Dec. 24-10,
and into the Colonial period extended by CBP
(approximately 12,000 B.C. to Dec. 25-03.
A.D. 1769), and ethnological
material, including Colonial
period ecclesiastical material
and Colonial period secular
paintings, documents, and
manuscripts, dating from A.D.
1532 to 1822.
* * * * * * *
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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.
[FR Doc. 2025-05147 Filed 3-25-25; 8:45 am]
BILLING CODE 9111-14-P
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