Rule2026-00538
Extension of Import Restrictions Imposed on Categories of Archaeological Material of Italy
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
January 14, 2026
Effective
January 14, 2026
Issuing agencies
Homeland Security DepartmentU.S. Customs and Border Protection
Abstract
This document amends U.S. Customs and Border Protection (CBP) regulations to reflect an extension of import restrictions on certain categories of archaeological material of the Italian Republic (Italy), which were originally imposed in Treasury Decision 01-06. The CBP regulations are being amended to reflect this extension through January 12, 2031.
Full Text
<html>
<head>
<title>Federal Register, Volume 91 Issue 9 (Wednesday, January 14, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 9 (Wednesday, January 14, 2026)]
[Rules and Regulations]
[Pages 1387-1389]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-00538]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
19 CFR Part 12
[CBP Dec. 26-01]
RIN 1685-AA37
Extension of Import Restrictions Imposed on Categories of
Archaeological Material of Italy
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document amends U.S. Customs and Border Protection (CBP)
regulations to reflect an extension of import restrictions on certain
categories of archaeological material of the Italian Republic (Italy),
which were originally imposed in Treasury Decision 01-06. The CBP
regulations are being amended to reflect this extension through January
12, 2031.
DATES: Effective on January 14, 2026.
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#84ebf0a9ebf0f6f6e7f1e8f0f1f6e5e8f4f6ebf4e1f6f0fdc4e7e6f4aae0ecf7aae3ebf2"><span class="__cf_email__" data-cfemail="28475c05475c5a5a4b5d445c5d5a4944585a47584d5a5c51684b4a58064c405b064f475e">[email protected]</span></a>. For operational aspects, Queena Fan,
Director, Interagency Collaboration Division, Trade Programs
Directorate, Office of Trade, (202) 945-7064, <a href="/cdn-cgi/l/email-protection#74452127333606151a171c341716045a101c075a131b02"><span class="__cf_email__" data-cfemail="98a9cdcbdfdaeaf9f6fbf0d8fbfae8b6fcf0ebb6fff7ee">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. 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 January 19, 2001, the United States and the Italian Republic
(Italy) entered into a Memorandum of Understanding entitled,
``Memorandum of Understanding Concerning the Imposition of Import
Restrictions on Categories of Archaeological Material Representing the
Pre-Classical, Classical and Imperial Roman Periods in Italy'' (the
2001 MOU). The 2001 MOU entered into force upon signature on January
19, 2001, and reflects an agreement to impose import restrictions on
certain categories of archaeological material representing the Pre-
Classical, Classical, and Imperial Roman Periods. On January 23, 2001,
CBP published a final rule (Treasury Decision 01-06) in the Federal
Register (66 FR 7399), 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.
The import restrictions have been extended three times pursuant to
exchanges of diplomatic notes, as reflected in subsequent final rules.
First, on January 19, 2006, CBP published CBP Decision (CBP Dec.) 06-01
in the Federal Register (71 FR 3000), which amended 19 CFR 12.104g(a)
to reflect the extension for an additional period of five years.
Second, on January 19, 2011, CBP published CBP Dec. 11-03 in the
Federal Register (76 FR 3012), to extend the import restrictions for an
additional five-year period. CBP Dec. 11-03 also reflects an amendment
to the Designated List to include the subcategory ``Coins of Italian
Types'' as part of the category entitled ``Metal,'' pursuant to 19
U.S.C. 2604. Third, on January 15, 2016, CBP published CBP Dec. 16-02
in the Federal Register (81 FR 2086), to further extend the import
restrictions.
On January 12, 2021, CBP published CBP Dec. 21-01 in the Federal
Register (86 FR 2255), to further extend the import restrictions,
pursuant to the signing of a superseding agreement. CBP Dec. 21-01 also
reflects a new Memorandum of Understanding between the United States
and Italy, ``Memorandum of Understanding between the Government of the
United States of America and the Government of the Italian Republic
Concerning the Imposition of Import Restrictions on Categories of
Archaeological Material of Italy'' (the 2021 MOU), which
[[Page 1388]]
superseded and replaced the 2001 MOU. The 2021 MOU entered into force
on January 12, 2021; thus, the extension of the import restrictions was
implemented for an additional five-year period ending on January 12,
2026. See 19 CFR 12.104g(a); 86 FR 2255.
On December 30, 2024, the United States Department of State
proposed in the Federal Register (89 FR 106723) to extend the 2021 MOU.
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
MOU for an additional five years. Subsequently, the United States
entered into a bilateral agreement with Italy to extend the 2021 MOU in
a document titled, ``Agreement Between the Government of the United
States of America and the Government of the Italian Republic To Extend
the Memorandum of Understanding Between the Government of the United
States of America And the Government of the Italian Republic Concerning
the Imposition of Import Restrictions on Categories of Archaeological
Material of Italy.'' The agreement extends the import restrictions for
five years from entry into force on January 12, 2026.
Accordingly, CBP is amending 19 CFR 12.104g(a) to reflect the
extension of the import restrictions. The restrictions on the
importation of categories of archaeological material of Italy will
continue in effect until January 12, 2031. Importation of such material
from Italy continues to be restricted until that date unless the
conditions set forth in 19 U.S.C. 2606 and 19 CFR 12.104c are met.
The Designated List of pre-Classical, Classical and Imperial Roman
period archaeological material from Italy covered by these import
restrictions is set forth in CBP Dec. 11-03. The Designated List 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 materials for ``Italy.''
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 Department of Homeland Security Delegation 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, Commissioner, 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, 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 Italy to read as follows:
Sec. 12.104g Specific items or categories designated by agreements or
emergency actions.
(a) * * *
----------------------------------------------------------------------------------------------------------------
State party Cultural property Decision No.
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Italy..................... Archaeological material of CBP Dec. 11-03 extended by CBP Dec. 26-01.
pre-Classical, Classical,
and Imperial Roman
periods ranging
approximately from the
9th century B.C. to the
4th century A.D.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 1389]]
* * * * *
Robert F. Altneu,
Director, Regulations and Disclosure Law Division, Regulations and
Rulings, Office of Trade, U.S. Customs and Border Protection.
[FR Doc. 2026-00538 Filed 1-12-26; 11:15 am]
BILLING CODE 9111-14-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on January 14, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.