[Federal Register Volume 70, Number 202 (Thursday, October 20, 2005)]
[Rules and Regulations]
[Pages 61031-61032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21049]


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DEPARTMENT OF HOMELAND SECURITY

Bureau of Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Part 12

[CBP Dec. 05-33]
RIN 1505-AB61


Extension of Import Restrictions Imposed on Certain Categories of 
Archaeological Material From the Pre-Hispanic Cultures of the Republic 
of Nicaragua

AGENCY: Customs and Border Protection, Homeland Security; Treasury.

ACTION: Final rule.

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SUMMARY: This document amends Title 19 of the Code of Federal 
Regulations (19 CFR) to reflect the extension of the import 
restrictions on certain categories of archaeological material from the 
Pre-Hispanic cultures of the Republic of Nicaragua that were imposed by 
T.D. 00-75. The Acting 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, the restrictions will remain in effect for an additional 5 
years, and Title 19 of the CFR is being amended to reflect this 
extension. 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 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. 00-75 contains the Designated List of 
archaeological material representing Pre-Hispanic cultures of 
Nicaragua.

DATES: Effective Date: October 20, 2005.

FOR FURTHER INFORMATION CONTACT: For legal aspects, George McCray, 
(202) 572-8710. For operational aspects, Michael Craig, Chief, Other 
Government Agencies Branch, (202) 344-1684.

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

[[Page 61032]]

U.S.C. 2601 et seq.), the United States entered into a bilateral 
agreement with the Republic of Nicaragua on October 20, 2000, 
concerning the imposition of import restrictions on certain categories 
of archeological material from the Pre-Hispanic cultures of the 
Republic of Nicaragua. On October 26, 2000, Customs and Border 
Protection (CBP) published T.D. 00-75 in the Federal Register (65 FR 
64140), which amended 19 CFR 12.104g(a) to reflect the imposition of 
these restrictions and included a list designating the types of 
articles 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 Acting Assistant Secretary for 
Educational and Cultural Affairs, United States Department of State, 
concluding that the cultural heritage of Nicaragua continues to be in 
jeopardy from pillage of Pre-Hispanic archaeological resources, made 
the necessary determination to extend the import restrictions for an 
additional five years on September 1, 2005. Accordingly, CBP is 
amending 19 CFR 12.104g(a) to reflect the extension of the import 
restrictions. The Designated List of Pre-Columbian (Pre-Hispanic) 
Archaeological Materials from Nicaragua covered by these import 
restrictions is set forth in T.D. 00-75. The Designated List and 
accompanying image database may also be found at the following Internet 
Web site address: http://exchanges.state.gov/culprop. The restrictions 
on the importation of these archaeological materials from the Republic 
of Nicaragua are to continue in effect for an additional 5 years. 
Importation of such material continues to be restricted unless:
    (1) Accompanied by appropriate export certification issued by the 
Government of Nicaragua; or
    (2) With respect to Pre-Columbian material from archaeological 
sites throughout Nicaragua, documentation exists that exportation from 
Nicaragua occurred prior to October 26, 2000.

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)). In addition, CBP 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 (5 
U.S.C. 553(b)(B)). 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.

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;
* * * * *
    Sections 12.104 through 12.104i also issued under 19 U.S.C. 2612;
* * * * *


Sec.  12.104  [Amended]

0
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 Nicaragua by removing the reference 
to ``T.D. 00-75'' in the column headed ``Decision No.'' and adding in 
its place the language ``T.D. 00-75 extended by CBP Dec. 05-33''.

Robert C. Bonner,
Commissioner, Bureau of Customs and Border Protection.
    Approved: October 17, 2005.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 05-21049 Filed 10-19-05; 8:45 am]
BILLING CODE 9110-06-P