Rule2026-08223
Extension of Emergency Import Restrictions Imposed on Archaeological and Ethnological Material of Afghanistan
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 28, 2026
Effective
April 28, 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 emergency import restrictions on certain archaeological and ethnological material from Afghanistan, which were originally imposed in CBP Decision 22-04. The regulations are also being updated to refer specifically to the material being restricted in a manner consistent with CBP's other listed cultural property restrictions. The CBP regulations are being amended to reflect this updated language, as well as this extension of import restrictions through April 28, 2029.
Full Text
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<title>Federal Register, Volume 91 Issue 81 (Tuesday, April 28, 2026)</title>
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[Federal Register Volume 91, Number 81 (Tuesday, April 28, 2026)]
[Rules and Regulations]
[Pages 22713-22714]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-08223]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
19 CFR Part 12
[CBP Dec. 26-09]
RIN 1685-AA43
Extension of Emergency Import Restrictions Imposed on
Archaeological and Ethnological Material of Afghanistan
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 emergency import restrictions on
certain archaeological and ethnological material from Afghanistan,
which were originally imposed in CBP Decision 22-04. The regulations
are also being updated to refer specifically to the material being
restricted in a manner consistent with CBP's other listed cultural
property restrictions. The CBP regulations are being amended to reflect
this updated language, as well as this extension of import restrictions
through April 28, 2029.
DATES: Effective April 28, 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#fd9289d092898f8f9e889189888f9c918d8f928d988f8984bd9e9f8dd399958ed39a928b"><span class="__cf_email__" data-cfemail="0b647f26647f7979687e677f7e796a677b79647b6e797f724b68697b256f6378256c647d">[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#69583c3a2e2b1b08070a01290a0b19470d011a470e061f"><span class="__cf_email__" data-cfemail="21107472666353404f4249614243510f4549520f464e57">[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. In certain limited circumstances, the CPIA
authorizes the imposition of restrictions on an emergency basis (19
U.S.C. 2603). The emergency restrictions are effective for no more than
five years from the date of the State Party's request and may be
extended for three years where it is determined that the emergency
condition continues to apply with respect to the covered material (19
U.S.C. 2603(c)(3)). These restrictions may also be continued, in whole
or in part, pursuant to an agreement concluded within the meaning of
the CPIA (19 U.S.C. 2603(c)(4)).
Pursuant to 19 U.S.C. 2602(a), Afghanistan, a State Party to the
Convention, requested on April 28, 2021, that import restrictions be
imposed on certain archaeological and ethnological material, the
pillage of which jeopardizes the cultural heritage of Afghanistan. On
November 16, 2021, the Acting Assistant Secretary for Educational and
Cultural Affairs, United States Department of State, after consultation
with and recommendation by the Cultural Property Advisory Committee,
made the determinations necessary under the Act for the emergency
imposition of the import restrictions. The restrictions were
subsequently imposed on archaeological material ranging in date from
approximately 50,000 B.C. to A.D. 1747, and ethnological material
including architectural objects and wooden objects associated with
Afghanistan's diverse history, ranging from approximately the 9th
century A.D. to A.D. 1920. On February 22, 2022, U.S. Customs and
Border Protection (CBP) published a final rule (CBP Dec. 22-04) in the
Federal Register (87 FR 9439), which amended 19 CFR 12.104g(b) to
reflect the imposition of these restrictions and included a list
designating the types of archaeological and ethnological material
covered by the restrictions.
On March 18, 2026, pursuant to her delegated authority, the Under
Secretary for Public Diplomacy, United States Department of State, made
the necessary determinations to extend the emergency import
restrictions with Afghanistan, finding that emergency conditions
continue to exist as defined by 19 U.S.C. 2603(a)(3). In accordance
with 19 U.S.C. 2603(c)(3), the emergency import restrictions will be
unilaterally extended for an additional three-year period.
Accordingly, CBP is amending 19 CFR 12.104g(b) to reflect the
extension of the import restrictions, as well as updated language to
refer specifically to the material being restricted in a manner
consistent with CBP's other listed cultural property restrictions. The
restrictions on the importation of categories of archaeological and
ethnological material of Afghanistan will continue in effect through
April 28, 2029. Importation of such material from Afghanistan 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 ethnological material
from Afghanistan covered by these import restrictions is set forth in
CBP Dec. 22-04. 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 ``Afghanistan.''
Inapplicability of Notice and Delayed Effective Date
This amendment involves a foreign affairs function of the United
States and
[[Page 22714]]
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, 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 (b) by revising the
entry for Afghanistan to read as follows:
Sec. 12.104g Specific items or categories designated by agreements or
emergency actions.
* * * * *
(b) * * *
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State party Cultural property Decision No.
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Afghanistan.............. Archaeological material CBP Dec. 22-04,
of Afghanistan ranging extended by CBP
in date from 50,000 Dec. 26-09.
B.C. through A.D. 1747,
and ethnological
material of Afghanistan
ranging in date from
the 9th century A.D.
through A.D. 1920.
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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. 2026-08223 Filed 4-27-26; 8:45 am]
BILLING CODE 9111-14-P
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