Rule2025-19244
Extension of Import Restrictions on Archaeological Material of Chile
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
October 2, 2025
Effective
September 30, 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 material from the Republic of Chile. The Acting 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 20-16. 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 September 30, 2030.
Full Text
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<title>Federal Register, Volume 90 Issue 189 (Thursday, October 2, 2025)</title>
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[Federal Register Volume 90, Number 189 (Thursday, October 2, 2025)]
[Rules and Regulations]
[Pages 47560-47561]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-19244]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
19 CFR Part 12
[CBP Dec. 25-14]
RIN 1685-AA35
Extension of Import Restrictions on Archaeological Material of
Chile
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 material from the Republic of Chile. The Acting
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 20-16. 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 September 30, 2030.
DATES: Effective September 30, 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, or
<a href="/cdn-cgi/l/email-protection#e68992cb8992949485938a929394878a969489968394929fa6858496c8828e95c8818990"><span class="__cf_email__" data-cfemail="b9d6cd94d6cdcbcbdaccd5cdcccbd8d5c9cbd6c9dccbcdc0f9dadbc997ddd1ca97ded6cf">[email protected]</span></a>. For operational aspects, Julie L.
Stoeber, Chief, 1USG Branch, Trade Policy and Programs, Office of
Trade, (202) 945-7064, or <a href="/cdn-cgi/l/email-protection#c7f692948085b5a6a9a4af87a4a5b7e9a3afb4e9a0a8b1"><span class="__cf_email__" data-cfemail="92a3c7c1d5d0e0f3fcf1fad2f1f0e2bcf6fae1bcf5fde4">[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 7, 2020, the United States entered into a bilateral
agreement (2020 Agreement) with the Republic of Chile (Chile) that
entered into force on September 30, 2020, to impose import restrictions
on archaeological material representing Chile's cultural heritage that
is at least 250 years old, dating from the Paleoindian period
(approximately 31,000-8000 B.C.) to the Huri Moai phase in Chile (A.D.
1680-1868). On October 9, 2020, CBP published a final rule (CBP Dec.
20-16) in the Federal Register (85 FR 64020), 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 30, 2024, the United States Department of State
proposed in the Federal Register (89 FR 106721) to extend the 2020
Agreement. On August 7, 2025, after considering the views and
recommendations of the Cultural Property Advisory Committee, the Acting
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 Chile have agreed to extend
the restrictions for an additional five-year period, through September
30, 2030.
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 Chile will continue in
effect through September 30, 2030. Importation of such material from
Chile 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 of restricted material and additional
information may also be found at the following website address: <a href="https://www.state.gov/current-agreements-and-import-restrictions">https://www.state.gov/current-agreements-and-import-restrictions</a> by selecting
the material for ``Chile.''
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
[[Page 47561]]
forth in 6 U.S.C. 212 and 215, subject to certain exceptions. This
regulation is being issued in accordance with Department of Homeland
Security 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.
Rodney S. Scott, the Commissioner of CBP, having reviewed and
approved this document, has delegated the authority to electronically
sign this document to the Director 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
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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;
* * * * *
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2. In Sec. 12.104g, amend the table in paragraph (a) by revising the
entry for Chile 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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Chile................................... Archaeological material representing CBP Dec. 20-16, extended
Chile's cultural heritage from the by CBP Dec. 25-14.
Paleoindian period (c. 31,000 B.C.) to
the Huri Moai phase in Chile (A.D. 1680-
1868).
* * * * * * *
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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. 2025-19244 Filed 9-30-25; 11:15 am]
BILLING CODE 9111-14-P
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