Rule2026-09575
Extension of Import Restrictions Imposed on Categories of Archaeological and Ethnological Material of Türkiye
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
May 13, 2026
Effective
May 13, 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 and ethnological material of the Republic of T[uuml]rkiye (T[uuml]rkiye), which were originally imposed by CBP Decision Number 21-09. The CBP regulations are being amended to reflect this extension through March 24, 2031.
Full Text
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<title>Federal Register, Volume 91 Issue 92 (Wednesday, May 13, 2026)</title>
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[Federal Register Volume 91, Number 92 (Wednesday, May 13, 2026)]
[Rules and Regulations]
[Pages 26912-26913]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-09575]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
19 CFR Part 12
[CBP Dec. 26-06]
RIN 1685--AA42
Extension of Import Restrictions Imposed on Categories of
Archaeological and Ethnological Material of T[uuml]rkiye
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 ethnological material of the Republic
of T[uuml]rkiye (T[uuml]rkiye), which were originally imposed by CBP
Decision Number 21-09. The CBP regulations are being amended to reflect
this extension through March 24, 2031.
DATES: Effective on May 13, 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#48273c65273c3a3a2b3d243c3d3a2924383a27382d3a3c31082b2a38662c203b662f273e"><span class="__cf_email__" data-cfemail="c6a9b2eba9b2b4b4a5b3aab2b3b4a7aab6b4a9b6a3b4b2bf86a5a4b6e8a2aeb5e8a1a9b0">[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#05345056424777646b666d456667752b616d762b626a73"><span class="__cf_email__" data-cfemail="c0f195938782b2a1aea3a880a3a2b0eea4a8b3eea7afb6">[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, 2021, the United States and the Republic of
T[uuml]rkiye (T[uuml]rkiye) 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 Turkey
Concerning the Imposition of Import Restrictions on Categories of
Archaeological and Ethnological Material of Turkey'' \1\ (the 2021
MOU). The 2021 MOU entered into force upon the exchange of diplomatic
notes, on March 24, 2021, and reflects an agreement to impose import
restrictions on categories of archaeological material, ranging in date
from approximately 1,200,000 B.C. to A.D. 1770, and ethnological
material, ranging in date from the 1st century A.D. to A.D. 1923,
representing T[uuml]rkiye's cultural heritage.
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\1\ On May 26, 2022, the Republic of Turkey changed its official
name to the Republic of T[uuml]rkiye in a request submitted to the
United Nations' Secretary-General by T[uuml]rkiye's Minister of
Foreign Affairs. In January 2023, the United States Department of
State adopted the official name change.
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On June 16, 2021, CBP published a final rule (CBP Decision (Dec.)
Number 21-09) in the Federal Register (86 FR 31910), which amended 19
CFR 12.104g(a) to reflect the imposition of these restrictions,
including a list designating the types of archaeological and
ethological material covered by the restrictions, for a five-year
period ending on March 24, 2026. On August 7, 2025, the United States
Department of State proposed in the Federal Register (90 FR 38194) to
extend the 2021 MOU. On January 6, 2026, 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 MOU for an
additional five years. Pursuant to an exchange of diplomatic notes,
which entered into force on May 5, 2026, the United States and
T[uuml]rkiye have agreed to extend the 2021 MOU for an additional five-
year period, through March 24, 2031. However, in the absence of a final
rule extending enforcement of the restrictions, enforcement of these
restrictions ended on March 24, 2026. Enforcement of the extension will
begin upon publication of this document in the Federal Register.
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 ethnological material
of T[uuml]rkiye will continue in effect until March 24, 2031.
Importation of such material from T[uuml]rkiye 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, which includes archaeological material from
T[uuml]rkiye ranging in date from approximately 1,200,000 B.C. to A.D.
1770, and ethnological material from T[uuml]rkiye from the 1st century
A.D. to the end of the Ottoman Empire with the foundation of the
Republic of T[uuml]rkiye in A.D. 1923, covered by these import
restrictions is set forth in CBP Dec. 21-09. 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 materials for the appropriate country.
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
[[Page 26913]]
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
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 removing the
entry for Turkey and adding in its place the entry for T[uuml]rkiye 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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* * * * * * *
T[uuml]rkiye.................. Archaeological CBP Dec. 21-09
material representing extended by CBP
T[uuml]rkiye's Dec. 26-06.
cultural heritage
ranging from
approximately
1,200,000 B.C. to
A.D. 1770, and
ethnological material
ranging from the 1st
century A.D. to A.D.
1923.
* * * * * * *
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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. 2026-09575 Filed 5-12-26; 8:45 am]
BILLING CODE 9111-14-P
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