Extension of Import Restrictions Imposed on Certain Archaeological and Ecclesiastical Ethnological Material of Colombia
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Abstract
This document amends U.S. Customs and Border Protection (CBP) regulations to reflect an extension of import restrictions on certain categories of archaeological and ecclesiastical ethnological material of the Republic of Colombia, which were originally imposed in CBP Decision 06-09 and last extended by CBP Decision 21-05. The CBP regulations are being amended to reflect this extension through March 10, 2031.
Full Text
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<title>Federal Register, Volume 91 Issue 47 (Wednesday, March 11, 2026)</title>
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[Federal Register Volume 91, Number 47 (Wednesday, March 11, 2026)]
[Rules and Regulations]
[Pages 11889-11891]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-04786]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
19 CFR Part 12
[CBP Dec. 26-05]
RIN 1685-AA41
Extension of Import Restrictions Imposed on Certain
Archaeological and Ecclesiastical Ethnological Material of Colombia
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security.
ACTION: Final rule.
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SUMMARY: This document amends U.S. Customs and Border Protection (CBP)
regulations to reflect an extension of import restrictions on certain
categories of archaeological and ecclesiastical ethnological material
of the Republic of Colombia, which were originally imposed in CBP
Decision 06-09 and last extended by CBP Decision 21-05. The CBP
regulations are being amended to reflect this extension through March
10, 2031.
DATES: Effective on March 10, 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#2649520b4952545445534a525354474a565449564354525f6645445608424e5508414950"><span class="__cf_email__" data-cfemail="6c03184103181e1e0f190018191e0d001c1e031c091e18152c0f0e1c4208041f420b031a">[email protected]</span></a>. For operational aspects, Christopher
Mabelitini, Director, Intellectual Property Rights Policy & Programs,
Trade Programs Directorate, Office of Trade, (571) 296-1269,
<a href="/cdn-cgi/l/email-protection#d1e084829693a3b0bfb2b991b2b3a1ffb5b9a2ffb6bea7"><span class="__cf_email__" data-cfemail="45741016020737242b262d052627356b212d366b222a33">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
The Convention on Cultural Property Implementation Act (Pub. L. 97-
446, 19
[[Page 11890]]
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 March 15, 2006, the United States and the Republic of Colombia
(Colombia) entered into a Memorandum of Understanding entitled,
``Memorandum of Understanding Between the Government of the United
States of America and the Government of the Republic of Colombia
Concerning the Imposition of Import Restrictions on Archaeological
Material from the Pre-Columbian Cultures and Certain Ecclesiastical
Ethnological Material from the Colonial Period of Colombia'' (the 2006
MOU). The 2006 MOU entered into force upon signature on March 15, 2006,
and reflects an agreement to impose import restrictions on certain
categories of archaeological material representing Colombia's pre-
Columbian cultures and ranging in date from approximately 1500 B.C. to
A.D. 1530, and Colombian ecclesiastical ethnological material of the
Colonial period ranging in date from approximately A.D. 1530 to 1830.
On March 17, 2006, CBP published CBP Decision (Dec.) 06-09 in the
Federal Register (71 FR 13757), which amended 19 CFR 12.104g(a) to
reflect the imposition of these restrictions, and included a list
designating the types of archaeological and ecclesiastical ethnological
material covered by the restrictions.
The import restrictions have been extended three times. First, on
March 15, 2011, CBP published CBP Dec. 11-06 in the Federal Register
(76 FR 13879), which amended 19 CFR 12.104g(a) to reflect the extension
of the import restrictions for an additional period of five years.
Second, on March 15, 2016, CBP published CBP Dec. 16-05 in the Federal
Register (81 FR 13721), to extend the import restrictions for an
additional five-year period.
On March 4, 2021, the United States and Colombia entered into a
superseding agreement, ``Agreement between the Government of the United
States of America and the Government of the Republic of Colombia
Concerning the Imposition of Import Restrictions on Categories of
Archaeological and Ethnological Materials of the Republic of Colombia''
(the 2021 Agreement). The 2021 Agreement entered into force on March
10, 2021. On March 12, 2021, CBP published CBP Dec. 21-05 in the
Federal Register (86 FR 13993), to further extend the import
restrictions, pursuant to the signing of the 2021 Agreement. CBP Dec.
21-05 reflects the extension of the import restrictions for an
additional five-year period ending on March 10, 2026. See 19 CFR
12.104g(a); 86 FR 13993.
On August 7, 2025, the United States Department of State proposed
in the Federal Register (90 FR 38195) to extend the 2021 Agreement. On
December 2, 2025, after considering the views and recommendations of
the Cultural Property Advisory Committee, the Under Secretary for
Public Diplomacy, United States Department of State, made the necessary
determinations to extend the 2021 Agreement for an additional five
years. Pursuant to an exchange of diplomatic notes, the United States
and Colombia have agreed to extend the 2021 Agreement for an additional
five-year period, through March 10, 2031.
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 and ecclesiastical
ethnological material of Colombia will continue in effect through March
10, 2031. Importation of such material from Colombia 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 archaeological and ecclesiastical
ethnological material from Colombia covered by these import
restrictions is set forth in CBP Dec. 06-09. 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 material for ``Colombia.''
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 CBP the authority to prescribe and approve
regulations related to cultural property import restrictions.
List of Subjects in 19 CFR Part 12
Cultural property, Customs duties and inspection, Imports,
Prohibited
[[Page 11891]]
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 Colombia 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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* * * * * * *
Colombia................................ Pre-Columbian archaeological material CBP Dec. 06-09, extended
ranging approximately from 1500 B.C. to by CBP Dec. 26-05.
A.D. 1530 and ecclesiastical ethnological
material of the Colonial period ranging
approximately from A.D. 1530 to 1830.
* * * * * * *
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* * * * *
Joseph N. Mazzara,
Deputy Commissioner, U.S. Customs and Border Protection.
[FR Doc. 2026-04786 Filed 3-10-26; 8:45 am]
BILLING CODE 9111-14-P
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