[Federal Register: March 9, 2000 (Volume 65, Number 47)]
[Rules and Regulations]
[Page 12470-12471]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09mr00-10]

[[Page 12470]]

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DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 12

[T.D. 00--16]
RIN 1515-AC61


Extension of Import Restrictions Imposed on Certain Categories of
Archaeological Material From the Prehispanic Cultures of the Republic
of El Salvador

AGENCY: U.S. Customs Service, Department of the Treasury.

ACTION: Final rule.

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SUMMARY: This document amends the Customs Regulations to reflect the
extension of the import restrictions on certain categories of
archaeological material from the Prehispanic cultures of the Republic
of El Salvador which were imposed by T.D. 95-20. The Under Secretary
for Public Diplomacy and Public Affairs, United States Department of
State has determined that conditions continue to warrant the imposition
of import restrictions. Accordingly, the restrictions will remain in
effect for an additional 5 years, and the Customs Regulations are being
amended to indicate this extension. These restrictions are being
imposed pursuant to determinations of the United States Department of
State made under the terms of the Convention on Cultural Property
Implementation Act in accordance with the 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. T.D. 95-20 contains the Designated
List of archaeological material representing Prehispanic cultures of El
Salvador.

EFFECTIVE DATE: March 8, 2000.

FOR FURTHER INFORMATION CONTACT: (Legal Aspects) Michael L. Smith,
Intellectual Property Rights Branch (202) 927-1996; (Operational
Aspects) Alfred Morawski, Other Government Agencies Branch (202) 927-
0402.

SUPPLEMENTARY INFORMATION:

Background

    Pursuant to the provisions of 1970 UNESCO Convention (codified into
U.S. law as the ``Convention on Cultural Property Implementation Act''
(Public Law 97-446, 19 U.S.C. 2601 et seq.) (``the Act'')), the United
States entered into a bilateral agreement with the Republic of El
Salvador on March 8, 1995, concerning the imposition of import
restrictions on certain categories of archeological material from the
Prehispanic cultures of the Republic of El Salvador. The United States
Customs Service issued T.D. 95-20 (March 10, 1995), amending
Sec. 12.104g(a) of the Customs Regulations (19 CFR 12.104g(a)) to
reflect the imposition of these restrictions and including a list
designating the types of article covered by the restrictions.
    After reviewing the findings and recommendations of the Cultural
Property Advisory Committee, the Under Secretary for Public Diplomacy
and Public Affairs, United States Department of State, concluding that
the cultural heritage of El Salvador continues to be in jeopardy from
pillage of Prehispanic archaeological resources, made the necessary
determinations to extend the import restrictions for an additional five
years on February 14, 2000. Accordingly, Customs is amending
Sec. 12.104g(a) (19 CFR 12.104g(a)) to reflect the extension of the
import restrictions.
    The Designated List of Archaeological Material Representing
Prehispanic Cultures of El Salvador covered by these import
restrictions is set forth in T.D. 95-20. The Designated List and
accompanying image database may also be found at the following internet
website address: http://culturalheritage.state.gov.
    The restrictions on the importation of these archaeological
materials from the Republic of El Salvador are to continue in effect
until March 8, 2005. Importation of such material continues to be
restricted unless:
    (1) Accompanied by appropriate export certification issued by the
Government of the Republic of El Salvador or;
    (2) With respect to Pre-Columbian material from archaeological
sites throughout El Salvador, documentation exists that exportation
from El Salvador occurred prior to March 10, 1995; or;
    (3) With respect specifically to Pre-Columbian material from the
Cara Sucia archaeological region, documentation exists that exportation
from El Salvador occurred prior to September 7, 1987.

Regulatory Amendment

    This document amends Sec. 12.104g(a), Customs Regulations (19 CFR
12.104g(a)) extending the effective date for five years for the import
restrictions on the archaeological material representing Prehispanic
cultures of the Republic of El Salvador.

Inapplicability of Notice and Delayed Effective Date

    This amendment is being made without notice or public procedure
pursuant to 5 U.S.C. 553(a)(1). In addition, pursuant to 5 U.S.C.
553(b)(B), Customs has determined that such notice or public procedure
would be impracticable and contrary to the public interest because the
action being taken is essential to avoid interruption of the
application of the existing import restrictions. For the same reasons,
pursuant to 5 U.S.C. 553(d)(3), a delayed effective date is not
required.

Regulatory Flexibility Act

    Because no notice of proposed rulemaking is required, the
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do
not apply.

Executive Order 12866

    This amendment does not meet the criteria of a ``significant
regulatory action'' as described in Executive Order 12866.

    Drafting Information: The principal author of this document was
Keith B. Rudich, Regulations Branch, Office of Regulations and Rulings,
U.S. Customs Service. However, personnel from other offices
participated in its development.

List of Subjects in 19 CFR Part 12

    Cultural property, Customs duties and inspections, Imports.

Amendment to the Regulations

    Accordingly, Part 12 of the Customs Regulations (19 CFR Part 12) is
amended as set forth below:

PART 12--SPECIAL CLASSES OF MERCHANDISE

    1. The general authority and specific authority citation for Part
12, in part, continue to read as follows:

    Authority:  5 U.S.C. 301, 19 U.S.C. 66, 1202 (General Note 20,
Harmonized Tariff Schedule of the United States (HTSUS)), 1624;
* * * * *
    Sections 12.104 through 12.104i also issued under 19 U.S.C.
2612;
* * * * *

    2. In Sec. 12.104g(a), the table of the list of agreements imposing
import restrictions on described articles of cultural property of State
Parties is amended in the entry for El Salvador by adding ``extended by
T.D. 00-16''

[[Page 12471]]

immediately after ``T.D. 95-20'' in the column headed ``T.D. No.''.

Raymond W. Kelly,
Commissioner of Customs.
    Approved: March 1, 1999.
John P. Simpson,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 00-5811 Filed 3-6-00; 4:00 pm]
BILLING CODE 4820-02-P