Federal Register/Vol. 85, No. 53/Wednesday, March 18, 2020
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Federal Register / Vol. 85, No. 53 / Wednesday, March 18, 2020 / Rules and Regulations 15363 public considerations. The Commission (iii) The arrangements in place for the DEPARTMENT OF HOMELAND believes that having a transparent sharing of information with the SECURITY process for terminating an exemption Commission do not warrant from registration will, in the event that continuation of the exemptive relief U.S. Customs and Border Protection the Commission believes such a granted. DEPARTMENT OF THE TREASURY termination may be warranted, provide (2) The Commission shall provide an appropriate notice and opportunity written notification to the affected party 19 CFR Part 12 to comment to the public, affected of its intention to terminate an persons, exempt § 30.10 firms, and exemption pursuant to paragraph (a) of [CBP Dec. 20–04] market participants who may be affected this section and the basis for that RIN 1515–AE53 by the termination of an order of § 30.10 intention. Such written notification also exemption. shall be published prominently on the Extension of Import Restrictions on 3. Antitrust Considerations Commission’s website. Archaeological Material and Imposition Section 15(b) of the CEA requires the (3) The affected party may respond to of Import Restrictions on Commission to take into consideration the notification in writing no later than Ecclesiastical Ethnological Material the public interest to be protected by the 30 business days following the receipt From El Salvador antitrust laws and endeavor to take the of the notification, or at such time as the AGENCY: U.S. Customs and Border least competitive means of achieving the Commission permits in writing. Any Protection, Department of Homeland objectives of the CEA in issuing any other person may respond to the Security; Department of the Treasury. notification in writing no later than 30 order or adopting any Commission ACTION: Final rule. regulation. The Commission has business days following the publication determined that the final amendments on the Commission’s website of the SUMMARY: This document amends the to § 30.10 have no anticompetitive written notice issued to the affected U.S. Customs and Border Protection effects. The final regulation is a party, or at such time as the (CBP) regulations to reflect an extension procedural rule that will not cause a Commission permits in writing. of import restrictions on certain change in the behavior that would alter (4) If, after providing any affected archaeological material from the the level playing fields of regulated person appropriate notice and Republic of El Salvador (El Salvador). entities. opportunity to respond, the Commission The document further amends the Designated List contained in T.D. 95–20, List of Subjects in 17 CFR Part 30 determines that relief pursuant to paragraph (a) of this section is no longer which describes the types of articles to Consumer protection, Fraud. warranted, the Commission shall notify which the import restrictions apply, to For the reasons set forth in the the person of such determination in reflect the addition of certain preamble, the Commodity Futures writing, including the particular reasons ecclesiastical ethnological material. The Trading Commission amends 17 CFR why relief is no longer warranted, and import restrictions, which were last part 30 as follows: issue an Order Terminating Exemptive extended by CBP Dec. 15–05, were due Relief. Any Order Terminating to expire on March 8, 2020, unless PART 30—FOREIGN FUTURES AND Exemptive Relief shall provide an extended. The Assistant Secretary for OPTIONS TRANSACTIONS appropriate timeframe for the orderly Educational and Cultural Affairs, United transfer or close out of any accounts States Department of State, has ■ 1. The authority citation for part 30 determined that conditions continue to continues to read as follows: held by U.S. customers impacted by such an Order. warrant the imposition of import Authority: 7 U.S.C. 1a, 2, 6, 6c, and 12a, restrictions on archeological material unless otherwise noted. (5) Any person whose relief has been from El Salvador. Additionally, the terminated may apply for exemptive ■ Assistant Secretary for Educational and 2. Add paragraph (c) to § 30.10 to read relief 360 days after the issuance of the as follows: Cultural Affairs, United States Order Terminating Exemptive Relief if Department of State, has made the § 30.10 Petitions for exemption. the deficiency causing the revocation requisite determinations for adding * * * * * has been cured or relevant facts and import restrictions on certain categories circumstances have changed. (c)(1) The Commission may, in its of ecclesiastical ethnological material discretion and upon its own initiative, Issued in Washington, DC, on March 9, from the Colonial period through the terminate the exemptive relief granted 2020, by the Commission. first half of the twentieth century. On to any person pursuant to paragraph (a) Robert Sidman, March 2, 2020, the Government of the United States and the Government of El of this section, after appropriate notice Deputy Secretary of the Commission. and an opportunity to respond, if the Salvador entered into a Memorandum of Commission determines that: Note: The following appendix will not Understanding (MOU) that supersedes (i) There is a material change or appear in the Code of Federal Regulations. the existing agreement that first became omission in the facts and circumstances effective on March 8, 1995. Pursuant to the new MOU, the import restrictions pursuant to which relief was granted Appendix to Foreign Futures and for archaeological material will remain that demonstrate that the standards set Options Transactions—Commission in effect for an additional five years forth in appendix A to this part forming Voting Summary the basis for granting such relief are no until March 2, 2025. The new MOU longer met; or On this matter, Chairman Tarbert and further covers import restrictions on (ii) The continued effectiveness of any Commissioners Quintenz, Behnam, Stump, ecclesiastical ethnological material until such exemptive relief would be contrary and Berkovitz voted in the affirmative. No March 2, 2025. to the public interest or inconsistent Commissioner voted in the negative. DATES: Effective March 16, 2020. with the purposes of the exemption [FR Doc. 2020–05097 Filed 3–17–20; 8:45 am] FOR FURTHER INFORMATION CONTACT: For under paragraph (a) of this section; or BILLING CODE 6351–01–P legal aspects, Lisa L. Burley, Chief, VerDate Sep<11>2014 18:10 Mar 17, 2020 Jkt 250001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\18MRR1.SGM 18MRR1 jbell on DSKJLSW7X2PROD with RULES 15364 Federal Register / Vol. 85, No. 53 / Wednesday, March 18, 2020 / Rules and Regulations Cargo Security, Carriers and Restricted published CBP Dec. 05–10 in the approximately A.D. 1525 to 1950) until Merchandise Branch, Regulations and Federal Register (70 FR 11539) to March 2, 2025. Rulings, Office of Trade, (202) 325– extend the import restriction for an Accordingly, CBP is amending 19 CFR 0300, [email protected]. additional five-year period to March 8, 12.104g(a) to reflect the extension of the For operational aspects, Genevieve S. 2010. Third, on March 8, 2010, import restrictions, and the Designated Dozier, Management and Program following the exchange of diplomatic List of cultural property described in Analyst, Commercial Targeting and notes, CBP published CBP Dec. 10–01 in T.D. 95–20 by adding certain categories Analysis Center, Trade Policy and the Federal Register (75 FR 10411) to of ecclesiastical ethnological material Programs, Office of Trade, (202) 945– extend the import restriction for an from El Salvador from the Colonial 2952, [email protected]. additional period of five years to March period through the first half of the SUPPLEMENTARY INFORMATION: 8, 2015. Fourth, on March 6, 2015, twentieth century ranging in date from following the exchange of diplomatic approximately A.D. 1525 to 1950, as set Background notes, CBP published CBP Dec. 15–05 in forth below. The restrictions on the Pursuant to the Convention on the Federal Register (80 FR 12080) to importation of archaeological and Cultural Property Implementation Act, reflect the extension of the import ecclesiastical ethnological material will Public Law 97–446, 19 U.S.C. 2601 et restrictions for an additional five-year be in effect through March 2, 2025. seq. (hereinafter, ‘‘the Cultural Property period to March 8, 2020. Importation of such material from El Implementation Act,’’ or ‘‘the Act’’), On June 5, 2019, the United States Salvador will be restricted through that which implements the 1970 United Department of State proposed in the date unless the conditions set forth in Nations Educational, Scientific and Federal Register (84 FR 26174) to 19 U.S.C. 2606 and 19 CFR 12.104c are Cultural Organization (UNESCO) extend the Memorandum of met. Convention on the Means of Prohibiting Understanding (MOU) between the The Designated List and additional and Preventing the Illicit Import, Export United States and El Salvador information may also be found at the and Transfer of Ownership of Cultural concerning the imposition of import following website address: https:// Property (823 U.N.T.S. 231 (1972)), the restrictions on certain categories of eca.state.gov/cultural-heritage-center/ United States entered into a bilateral archeological material from the Pre- cultural-property-advisory-committee/ agreement with the Republic of El Hispanic Cultures of El Salvador. current-import-restrictions by selecting Salvador (El Salvador) on March 8, On November 7, 2019, after the material for ‘‘El Salvador.’’ 1995, concerning the imposition of consultation with and recommendations import restrictions on certain categories by the Cultural Property Advisory Designated List of Archaeological and of archaeological material from El Committee, the Assistant Secretary for Ecclesiastical Ethnological Material of Salvador’s Pre-Hispanic cultures and Educational and Cultural Affairs, United El Salvador ranging in date from approximately States Department of State, determined The Designated List contained in T.D.