[Federal Register Volume 74, Number 46 (Wednesday, March 11, 2009)]
[Rules and Regulations]
[Pages 10482-10483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5001]


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DEPARTMENT OF HOMELAND SECURITY

Bureau of Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Part 12

[CBP Dec. 09-05]
RIN 1505-AC11


Extension of Import Restrictions Imposed on Archaeological 
Material From Honduras

AGENCIES: U.S. Customs and Border Protection, Department of Homeland 
Security; Department of the Treasury.

ACTION: Final rule.

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SUMMARY: This document amends Customs and Border Protection (CBP) 
regulations to reflect the extension of import restrictions on certain 
categories of archaeological material from the Pre-Columbian cultures 
of the Republic of Honduras (Honduras) that were imposed by CBP 
Decision (Dec.) 04-08 and expire on March 12, 2009. The Assistant 
Secretary for Educational and Cultural Affairs, United States 
Department of State, has determined that conditions continue to warrant 
the imposition of import restrictions. Accordingly, these import 
restrictions will remain in effect for an additional 5 years, and the 
CBP regulations are being amended to reflect this extension until March 
12, 2013. These restrictions are being extended 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 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. CBP Dec. 04-08 contains the Designated List of 
archaeological material that describes the articles to which the 
restrictions apply.

DATES: Effective Date: March 11, 2009.

FOR FURTHER INFORMATION CONTACT: For legal aspects, George Frederick 
McCray, Esq., Chief, Intellectual Property Rights and Restricted 
Merchandise Branch, Regulations and Rulings, Office of International 
Trade, (202) 325-0082. For operational aspects, Michael Craig, Chief, 
Interagency Requirements Branch, Trade Policy and Programs, Office of 
International Trade, (202) 863-6558.

SUPPLEMENTARY INFORMATION:

Background

    Pursuant to the provisions of the 1970 United Nations Educational, 
Scientific and Cultural Organization (UNESCO) Convention, codified into 
U.S. law as the Convention on Cultural Property Implementation Act 
(Pub. L. 97-446, 19 U.S.C. 2601 et seq.), the United States entered 
into a bilateral agreement with the Republic of Honduras (Honduras) on 
March 12, 2004, concerning the imposition of import restrictions on 
certain categories of archaeological material from Honduras. The 
archaeological materials subject to the bilateral agreement represent 
the Pre-Columbian cultures of Honduras and range in date from 
approximately 1200 B.C. to 1500 A.D. On March 16, 2004, CBP published 
CBP Decision (Dec.) 04-08 in the Federal Register (69 FR 12267), which 
amended 19 CFR 12.104g(a) to reflect the imposition of these 
restrictions and included a list designating the types of 
archaeological material covered by the restrictions.
    Import restrictions listed in 19 CFR 12.104g(a) are ``effective for 
no more than five years beginning on the date on which the agreement 
enters into force with respect to the United States. This period can be 
extended for additional periods not to exceed five years if it is 
determined that the factors which justified the initial agreement still 
pertain and no cause for suspension of the agreement exists'' (19 CFR 
12.104g(a)).
    After reviewing the findings and recommendations of the Cultural 
Property Advisory Committee, the Assistant Secretary for Educational 
and Cultural Affairs, United States Department of State, concluding 
that the cultural heritage of Honduras continues to be in jeopardy from 
pillage of certain archaeological materials, made the necessary 
determinations to extend the import restrictions for an additional five 
years on December 4, 2008. Accordingly, CBP is amending 19 CFR 
12.104g(a) to reflect the extension of the import restrictions. The 
Designated List of Pre-Columbian Archaeological Material from Honduras 
covered by these import restrictions is set forth in CBP Dec. 04-08. 
The Designated List and accompanying image database may also be 
accessed from the following Internet Web site address: http://exchanges.state.gov/heritage/culprop.html. The restrictions on the 
importation of these archaeological materials from Honduras are to 
continue in effect for an additional five years. Importation of such 
material continues to be restricted unless the conditions set forth in 
19 U.S.C. 2606 and 19 CFR 12.104c are met.

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 
(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).

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

    Because this rule involves a foreign affairs function of the United 
States, it is not subject to Executive Order 12866.

Signing Authority

    This regulation is being issued in accordance with 19 CFR 
0.1(a)(1).

List of Subjects in 19 CFR Part 12

    Cultural property, Customs duties and inspection, Imports, 
Prohibited merchandise.

Amendment to CBP Regulations

0
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;
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[[Page 10483]]

    Sections 12.104 through 12.104i also issued under 19 U.S.C. 
2612;
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0
2. In Sec.  12.104g, paragraph (a), the table is amended in the entry 
for Honduras by removing the reference to ``CBP Dec. 04-08'' in the 
column headed ``Dec. No.'' and adding in its place the language ``CBP 
Dec. 04-08 extended by CBP Dec. 09-05''.

W. Ralph Basham,
Commissioner, U.S. Customs and Border Protection.
    Approved: March 5, 2009.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. E9-5001 Filed 3-10-09; 8:45 am]
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