Federal Register/Vol. 79, No. 11/Thursday, January 16, 2014/Rules and Regulations
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Federal Register / Vol. 79, No. 11 / Thursday, January 16, 2014 / Rules and Regulations 2781 The Commission finds, pursuant to § 300.400 [Amended] Nations Educational, Scientific and section 3(e)(2)(D) of SIPA, that the ■ 2. Section 300.400 is amended by: Cultural Organization (UNESCO) proposed rule change is in the public ■ a. In paragraph (b), adding the phrase Convention on the Means of Prohibiting interest and consistent with the ‘‘except to the extent that the trustee, and Preventing the Illicit Import, Export purposes of SIPA. First, as noted above, with SIPC’s consent, or SIPC as trustee, and Transfer of Ownership of Cultural SIPC has determined that allowing SIPA as the case may be, has arranged or is Property. The final rule amends CBP trustees the flexibility, subject to SIPC able promptly to arrange, a transfer of regulations by adding Bulgaria to the list approval, to transfer customers’ options some or all of such positions to another of countries for which a bilateral positions or to liquidate their positions, SIPC member’’ after the phrase agreement has been entered into for would be beneficial to the investing ‘‘accounts of customers’’; imposing cultural property import public and consistent with the customer ■ b. In paragraph (e), adding the phrase restrictions. The final rule also contains protection purposes of SIPA. The ability ‘‘except to the extent that such positions the designated list that describes the to transfer Standardized Options have been transferred as provided in types of archaeological and positions to another brokerage instead of paragraph (b) of this section’’ after the ecclesiastical ethnological material to being required to close them out gives phrase ‘‘section 7(b)(1) of the Act’’; and which the restrictions apply. SIPA trustees more flexibility in ■ c. In paragraph (h), adding the phrase DATES: Effective January 15, 2014. handling customer assets after the ‘‘, and any other option that is a security FOR FURTHER INFORMATION CONTACT: For commencement of a SIPA liquidation under section 16(14) of the Act, 15 legal aspects, George Frederick McCray, proceeding. Second, SIPA noted that U.S.C. 78lll(14), and is issued by a Chief, Cargo Security, Carriers and modifying the definition of securities clearing agency registered Restricted Merchandise Branch, Standardized Options under paragraph under section 17A of the Securities Regulations and Rulings, Office of (h) of Rule 400 to include OTC Options Exchange Act of 1934, 15 U.S.C. 78q–1, International Trade, (202) 325–0082. For would enhance the protections afforded or a foreign securities clearing agency’’ operational aspects: Virginia customers in the event of a liquidation after the phrase ‘‘foreign securities McPherson, Chief, Interagency of their broker-dealer. This modification exchange’’. Requirements Branch, Trade Policy and also clarifies that—like exchange-traded Dated: January 9, 2014. Programs, Office of International Trade, options—OTC Options would be By the Commission. (202) 863–6563. deemed Standardized Options subject to SUPPLEMENTARY INFORMATION: closeout or transfer in a SIPA Elizabeth M. Murphy, liquidation proceeding. Accordingly, Secretary. Background [FR Doc. 2014–00556 Filed 1–15–14; 8:45 am] the Commission finds that the proposed The value of cultural property, SIPC rule change is in the public BILLING CODE 8011–01–P whether archaeological or ethnological interest and is consistent with the in nature, is immeasurable. Such items purposes of the SIPA. often constitute the very essence of a It is therefore ordered by the DEPARTMENT OF HOMELAND society and convey important commission, pursuant to section 3(e)(2) SECURITY information concerning a people’s of SIPA, that the above mentioned origin, history, and traditional setting. U.S. Customs and Border Protection proposed rule change is approved. In The importance and popularity of such accordance with section 3(e)(2) of SIPA, items regrettably makes them targets of DEPARTMENT OF THE TREASURY the approved rule change shall be given theft, encourages clandestine looting of the force and effect as if promulgated by archaeological sites, and results in their 19 CFR Part 12 the Commission. illegal export and import. III. Statutory Authority [CBP Dec. 14–01] The United States shares in the international concern for the need to Pursuant to SIPA, 15 U.S.C. 78aaa et. RIN 1515–AD95 protect endangered cultural property. seq., and particularly, section 3(e) (15 The appearance in the United States of U.S.C. 78ccc(e)), SIPC is amending Import Restrictions Imposed on Certain Archaeological and stolen or illegally exported artifacts section 300.400 of Title 17 of the Code from other countries where there has of Federal Regulations in the manner set Ecclesiastical Ethnological Material From Bulgaria been pillage has, on occasion, strained forth below. our foreign and cultural relations. This List of Subjects in 17 CFR Part 300 AGENCIES: U.S. Customs and Border situation, combined with the concerns Protection, Department of Homeland of museum, archaeological, and Brokers, Securities. Security; Department of the Treasury. scholarly communities, was recognized Text of the Amendments ACTION: Final rule. by the President and Congress. It became apparent that it was in the In accordance with the foregoing, SUMMARY: This final rule amends the national interest for the United States to Title 17, Chapter II of the Code of U.S. Customs and Border Protection join with other countries to control Federal Regulations is amended as (CBP) regulations to reflect the illegal trafficking of such articles in follows: imposition of import restrictions on international commerce. certain archaeological and ecclesiastical The United States joined international PART 300—RULES OF THE ethnological material from the Republic efforts and actively participated in SECURITIES INVESTOR PROTECTION of Bulgaria. These restrictions are being deliberations resulting in the 1970 CORPORATION imposed pursuant to an agreement United Nations Educational, Scientific between the United States and Bulgaria and Cultural Organization (UNESCO) ■ 1. The authority citation for part 300 that has been entered into under the Convention on the Means of Prohibiting is revised to read as follows: authority of the Convention on Cultural and Preventing the Illicit Import, Export Authority: 15 U.S.C. 78ccc. Property Implementation Act in and Transfer of Ownership of Cultural * * * * * accordance with the 1970 United Property (823 U.N.T.S. 231 (1972)). U.S. VerDate Mar<15>2010 14:19 Jan 15, 2014 Jkt 232001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\16JAR1.SGM 16JAR1 ehiers on DSK2VPTVN1PROD with RULES 2782 Federal Register / Vol. 79, No. 11 / Thursday, January 16, 2014 / Rules and Regulations acceptance of the 1970 UNESCO of the international community in the Empire, Byzantine, Second Bulgarian Convention was codified into U.S. law interchange of cultural property among Empire, and Ottoman. The ecclesiastical as the ‘‘Convention on Cultural Property nations for scientific, cultural, and ethnological materials represent the Implementation Act’’ (Pub. L. 97–446, educational purposes (19 U.S.C. following periods and cultures: Middle 19 U.S.C. 2601 et seq.) (the Act). This 2602(a)(1)(D)). The Assistant Secretary Ages, First Bulgarian Empire, Byzantine, was done to promote U.S. leadership in also found that the material described in Second Bulgarian Empire, and Ottoman. achieving greater international the determinations meet the statutory Ancient place-names associated with cooperation towards preserving cultural definitions of ‘‘archaeological material the region of Bulgaria include Odrysian treasures that are of importance to the of the state party’’ and ‘‘ethnological Kingdom, Thrace, Thracia, Moesia nations from where they originate and material of the state party’’ (19 U.S.C. Inferior, Moesia Superior, Coastal Dacia, contribute to greater international 2601(2)). Inner Dacia, Rhodope, Haemimontus, understanding of our common heritage. Europa, Bulgaria, and Eyalet of Rumeli. Since the Act entered into force, The Agreement import restrictions have been imposed The United States and Bulgaria I. Archaeological Material on the archaeological and ethnological entered into a bilateral agreement A. Stone pursuant to the provisions of 19 U.S.C. materials of a number of State Parties to 1. Sculpture the 1970 UNESCO Convention. These 2602(a)(2). The agreement enables the restrictions have been imposed as a promulgation of import restrictions on a. Architectural Elements—In marble, result of requests for protection received categories of archaeological material limestone, gypsum, and other kinds of from those nations. More information on representing Bulgaria’s cultural heritage stone. Types include acroterion, antefix, import restrictions can be found on the dating from the Neolithic period (7500 architrave, base, capital, caryatid, coffer, Cultural Property Protection Web site B.C.) through approximately 1750 A. D. column, crowning, fountain, frieze, (http://eca.state.gov/cultural-heritage- and ecclesiastical ethnological material pediment, pilaster, mask, metope, center/international-cultural-property- representing Bulgaria’s Middle Ages mosaic and inlay, jamb, tile, triglyph, protection). (681 A.D.) through approximately 1750 tympanum, basin, wellhead. This rule announces that import A.D. A list of the categories of Approximate date: First millennium restrictions are now being imposed on archaeological and ecclesiastical B.C. to 1750 A.D. certain