Rule2026-00585

Extension of Import Restrictions on Archaeological Material of Costa Rica

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 15, 2026

Issuing agencies

Homeland Security DepartmentU.S. Customs and Border Protection

Abstract

This document amends the U.S. Customs and Border Protection (CBP) regulations to reflect an extension of import restrictions on certain archaeological material from the Republic of Costa Rica, which were originally imposed by CBP Decision 21-06. The CBP regulations are being amended to reflect this extension through January 15, 2031.

Full Text

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<title>Federal Register, Volume 91 Issue 9 (Wednesday, January 14, 2026)</title>
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[Federal Register Volume 91, Number 9 (Wednesday, January 14, 2026)]
[Rules and Regulations]
[Pages 1381-1382]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-00585]



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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. 91, No. 9 / Wednesday, January 14, 2026 / 
Rules and Regulations

[[Page 1381]]



DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

19 CFR Part 12

[CBP Dec. 26-03]
RIN 1685-AA40


Extension of Import Restrictions on Archaeological Material of 
Costa Rica

AGENCY: U.S. Customs and Border Protection, Department of Homeland 
Security.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This document amends the U.S. Customs and Border Protection 
(CBP) regulations to reflect an extension of import restrictions on 
certain archaeological material from the Republic of Costa Rica, which 
were originally imposed by CBP Decision 21-06. The CBP regulations are 
being amended to reflect this extension through January 15, 2031.

DATES: Effective on January 15, 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#523d267f3d26202031273e262720333e22203d223720262b123130227c363a217c353d24"><span class="__cf_email__" data-cfemail="5a352e77352e2828392f362e2f283b362a28352a3f282e231a39382a743e3229743d352c">[email&#160;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#daeb8f899d98a8bbb4b9b29ab9b8aaf4beb2a9f4bdb5ac"><span class="__cf_email__" data-cfemail="84b5d1d7c3c6f6e5eae7ecc4e7e6f4aae0ecf7aae3ebf2">[email&#160;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 January 15, 2021, the United States and the Government of the 
Republic of Costa Rica (Costa Rica) entered into a Memorandum of 
Understanding entitled ``Memorandum of Understanding between the 
Government of the United States and the Government of the Republic of 
Costa Rica Concerning the Imposition of Import Restrictions on 
Categories of Archaeological Material of Costa Rica'' (the MOU). The 
MOU entered into force upon signature on January 15, 2021, and reflects 
an agreement to impose import restrictions on certain categories of 
archaeological material representing Costa Rica's cultural heritage 
ranging in date from approximately 12,000 B.C. to A.D. 1550. On April 
1, 2021, CBP published a final rule (CBP Dec. 21-06) in the Federal 
Register (86 FR 17055), 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 April 22, 2025, the United States Department of State proposed 
in the Federal Register (90 FR 16912) to extend the 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. Pursuant to an exchange of diplomatic notes, the United 
States and Costa Rica have agreed to extend the MOU for an additional 
five-year period, through January 15, 2031.
    Accordingly, CBP is amending 19 CFR 12.104g(a) to reflect the 
extension of the import restrictions. The restrictions on the 
importation of archaeological material from Costa Rica will continue in 
effect through January 15, 2031. Importation of such material from 
Costa Rica 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 from Costa Rica covered 
by these import restrictions is set forth in CBP Dec. 21-06. 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 ``Costa Rica.''

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

[[Page 1382]]

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 
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, 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 ``Costa Rica'' 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.
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Costa Rica..............................  Archaeological material representing Costa  CBP Dec. 21-06, extended
                                           Rica's cultural heritage from               by CBP Dec. 26-03.
                                           approximately 12,000 B.C. to A.D. 1550.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

Robert F. Altneu,
Director, Regulations and Disclosure Law Division, Regulations and 
Rulings, Office of Trade, U.S. Customs and Border Protection.
[FR Doc. 2026-00585 Filed 1-13-26; 8:45 am]
BILLING CODE 9111-14-P


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