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[Federal Register Volume 75, Number 202 (Wednesday, October 20, 2010)]
[Rules and Regulations]
[Pages 64654-64655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26383]

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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Part 12

[CBP Dec. 10-32]
RIN 1515-AD70

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, 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-Hispanic cultures of 
the Republic of Nicaragua. The restrictions, which were originally 
imposed by Treasury Decision (T.D.) 00-75 and extended by CBP Decision 
(Dec.) 05-33, are due to expire on October 20, 2010. The Assistant 
Secretary for Educational and Cultural Affairs, United States 
Department of State, has determined that factors 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 
October 20, 2015. 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 that 
implemented 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 
to which the restrictions apply.

DATES: Effective Date: October 20, 2010.

FOR FURTHER INFORMATION CONTACT: For legal aspects, Charles Steuart, 
Chief, Intellectual Property Rights and Restricted Merchandise Branch, 
Regulations and Rulings, Office of International Trade, (202) 325-0020. 
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, implemented 
by 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 Nicaragua concerning the 
imposition of import restrictions on certain categories of 
archaeological material from the Pre-Hispanic cultures of the Republic 
of Nicaragua on June 16, 1999, and following completion by the 
Government of Nicaragua of all internal legal requirements, the 
agreement entered into force on October 20, 2000. On October 26, 2000, 
the former U.S. Customs Service (now U.S. 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)). On October 20, 2005, CBP published CBP Dec. 05-33 in the 
Federal Register (70 FR 61031) which amended 19 CFR 12.104g(a) to 
reflect the extension for an additional period of 5 years.
    On February 23, 2010, the Department of State received a request by 
the Government of the Republic of Nicaragua to extend the Agreement, 
and after the Department of State proposed to extend the Agreement and 
reviewed the findings and recommendations of the Cultural Property 
Advisory Committee, the Assistant Secretary for Educational and 
Cultural Affairs, United States Department of State, determined that 
the cultural heritage of Nicaragua continues to be in jeopardy from 
pillage of Pre-Hispanic archaeological resources and made the necessary 
determinations to extend the import restrictions for an additional five 
years. Diplomatic notes have been exchanged on October 15, 2010, 
reflecting the extension of those restrictions for an additional five 
year period. Accordingly, CBP is amending 19 CFR 12.104g(a) to reflect 
this extension of the import restrictions.
    The Designated List of Pre-Hispanic Archaeological Material 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/heritage/culprop/nifact.html.
    The restrictions on the importation of these archaeological 
materials from the Republic of Nicaragua are to continue in effect 
until October 20, 2015. 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)). 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

[[Page 64655]]

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

Sec.  12.104g  [Amended]

0
2. In Sec.  12.104g, paragraph (a), the table is amended in the entry 
for Nicaragua by removing the reference to ``CBP Dec. 05--33'' and 
adding in its place ``CBP Dec. 10--32''.

Alan Bersin,
Commissioner, U.S. Customs and Border Protection.
    Approved: October 15, 2010.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2010-26383 Filed 10-19-10; 8:45 am]
BILLING CODE P
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