Rule2025-06225
Extension of Import Restrictions Imposed on Certain Archaeological and Ecclesiastical Ethnological Material of El Salvador
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
April 11, 2025
Effective
April 11, 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 material from the Republic of El Salvador. The Principal Deputy Assistant Secretary for Educational and Cultural Affairs, U.S. Department of State, has made the requisite determinations for extending the import restrictions, originally imposed on certain archaeological material by Treasury Decision 95-20, and amended by CBP Decision 20-04 to cover certain ecclesiastical ethnological material. These import restrictions are being extended pursuant to an exchange of diplomatic notes. The CBP regulations are being amended to reflect this further extension through March 2, 2030.
Full Text
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<title>Federal Register, Volume 90 Issue 69 (Friday, April 11, 2025)</title>
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[Federal Register Volume 90, Number 69 (Friday, April 11, 2025)]
[Rules and Regulations]
[Pages 15399-15401]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-06225]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
19 CFR Part 12
[CBP Dec. 25-01]
RIN 1685-AA03
Extension of Import Restrictions Imposed on Certain
Archaeological and Ecclesiastical Ethnological Material of El Salvador
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 material
from the Republic of El Salvador. The Principal Deputy Assistant
Secretary for Educational and Cultural Affairs, U.S. Department of
State, has made the requisite determinations for extending the import
restrictions, originally imposed on certain archaeological material by
Treasury Decision 95-20, and amended by CBP Decision 20-04 to cover
certain ecclesiastical ethnological material. These import restrictions
are being extended pursuant to an exchange of diplomatic notes. The CBP
regulations are being amended to reflect this further extension through
March 2, 2030.
DATES: Effective on April 11, 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#4629326b2932343425332a323334272a363429362334323f0625243668222e3568212930"><span class="__cf_email__" data-cfemail="c6a9b2eba9b2b4b4a5b3aab2b3b4a7aab6b4a9b6a3b4b2bf86a5a4b6e8a2aeb5e8a1a9b0">[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#1f2e4a4c585d6d7e717c775f7c7d6f317b776c31787069"><span class="__cf_email__" data-cfemail="43721610040131222d202b032021336d272b306d242c35">[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
[[Page 15400]]
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 March 8, 1995, the United States entered into a bilateral
agreement (the 1995 Agreement) with the Republic of El Salvador (El
Salvador) to impose import restrictions on certain categories of
archaeological material from El Salvador's Pre-Hispanic cultures and
ranging in date from approximately 8000 B.C. to 1550 A.D. On March 10,
1995, the former U.S. Customs Service (now CBP) published a final rule,
Treasury Decision (T.D.) 95-20, in the Federal Register (60 FR 13352),
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.
Since the initial final rule was published on March 10, 1995, the
import restrictions were subsequently extended four times. First, on
March 9, 2000, following the exchange of diplomatic notes, the former
U.S. Customs Service published T.D. 00-16 in the Federal Register (65
FR 12470) to extend the import restrictions for a period of five years
to March 8, 2005. Second, on March 9, 2005, following the exchange of
diplomatic notes, CBP published CBP Dec. 05-10 in the Federal Register
(70 FR 11539) to extend the import restrictions for an additional five-
year period to March 8, 2010. Third, on March 8, 2010, following the
exchange of diplomatic notes, CBP published CBP Dec. 10-01 in the
Federal Register (75 FR 10411) to extend the import restrictions for an
additional period of five years to March 8, 2015. Fourth, on March 6,
2015, following the exchange of diplomatic notes, CBP published CBP
Dec. 15-05 in the Federal Register (80 FR 12080) to reflect the
extension of the import restrictions for an additional five-year period
to March 8, 2020.
On March 2, 2020, the United States and El Salvador entered into a
new Memorandum of Understanding (2020 MOU), that entered into force on
March 2, 2020, and superseded the existing agreement that first became
effective on March 8, 1995. Pursuant to the 2020 MOU, the import
restrictions for archaeological material remain in effect for an
additional five-year period until March 2, 2025, and the 2020 MOU also
covers import restrictions for ecclesiastical ethnological material
until March 2, 2025.
Thereafter, on March 18, 2020, CBP published CBP Dec. 20-04 in the
Federal Register (85 FR 15363) to reflect the extension of the import
restrictions on certain archaeological material and the imposition of
import restrictions on certain ecclesiastical ethnological material
(from the Colonial period through the first half of the twentieth
century ranging in date from approximately A.D. 1525 to 1950).
On August 15, 2024, the United States Department of State proposed
in the Federal Register (89 FR 66484) to extend the 2020 MOU. On
December 16, 2024, after considering the views and recommendations of
the Cultural Property Advisory Committee, the Principal Deputy
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, concluded on January 27, 2025, the United States
and El Salvador have agreed to extend the restrictions for an
additional five-year period, through March 2, 2030. However, in the
absence of a final rule extending enforcement of the restrictions,
enforcement of these restrictions ended on March 2, 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 import restrictions. The
restrictions on the importation of archaeological and ecclesiastical
ethnological material from El Salvador will continue in effect through
March 2, 2030. Importation of such material from El Salvador 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 ``El Salvador.''
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 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 has 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
[[Page 15401]]
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, 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 El Salvador 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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* * * * * * *
El Salvador.......... Archaeological material CBP Dec. 20-04,
representing El Salvador's Pre- extended by CBP
Hispanic cultures ranging in Dec. 25-01.
date from approximately 8000
B.C. through A.D. 1550 and
ecclesiastical ethnological
material from the Colonial
period through the first half
of the twentieth century
ranging in date from
approximately A.D. 1525 to
1950.
* * * * * * *
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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. 2025-06225 Filed 4-10-25; 8:45 am]
BILLING CODE 9111-14-P
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