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Federal Register / Vol. 76, No. 231 / Thursday, December 1, 2011 / Rules and Regulations 74691 Background forth in 19 U.S.C. 2606 and 19 CFR DEPARTMENT OF HOMELAND 12.104c are met. SECURITY Pursuant to the provisions of the 1970 United Nations Educational, Scientific Inapplicability of Notice and Delayed U.S. Customs and Border Protection and Cultural Organization (UNESCO) Effective Date Convention, codified into U.S. law as This amendment involves a foreign DEPARTMENT OF THE TREASURY the Convention on Cultural Property affairs function of the United States and Implementation Act (Pub. L. 97–446, 19 is, therefore, being made without notice 19 CFR Part 12 U.S.C. 2601 et seq.), the United States or public procedure under 5 U.S.C. entered into a bilateral agreement with 553(a)(1). For the same reason, a [CBP Dec. 11–25] Bolivia on December 4, 2001, delayed effective date is not required RIN 1515–AD84 concerning the imposition of import under 5 U.S.C. 553(d)(3). restrictions on certain archaeological Import Restrictions Imposed on and ethnological material from Bolivia. Regulatory Flexibility Act Certain Archaeological and On December 7, 2001, the United States Because no notice of proposed Ethnological Material From Greece Customs Service published Treasury rulemaking is required, the provisions AGENCIES: Decision (T.D.) 01–86 in the Federal of the Regulatory Flexibility Act (5 U.S. Customs and Border Register (66 FR 63490), which amended U.S.C. 601 et seq.) do not apply. Protection, Department of Homeland Security; Department of the Treasury. 19 CFR 12.104g(a) to reflect the Executive Order 12866 imposition of these restrictions and ACTION: Final rule. Because this rule involves a foreign included a list designating the types of SUMMARY: This final rule amends the articles covered by the restrictions. affairs function of the United States, it is not subject to Executive Order 12866. U.S. Customs and Border Protection Import restrictions listed in 19 CFR (CBP) regulations to reflect the 12.104g(a) are effective for no more than Signing Authority imposition of import restrictions on five years beginning on the date on This regulation is being issued in certain archaeological and ethnological which the agreement enters into force accordance with 19 CFR 0.1(a)(1). material from the Hellenic Republic with respect to the United States. This (Greece). These restrictions are being period can be extended for additional List of Subjects in 19 CFR Part 12 imposed pursuant to an agreement periods not to exceed five years if it is Cultural property, Customs duties and between the United States and Greece determined that the factors which inspection, Imports, Prohibited that has been entered into under the justified the initial agreement still merchandise. authority of the Convention on Cultural pertain and no cause for suspension of Amendment to the CBP Regulations Property Implementation Act in the agreement exists (19 CFR accordance with the United Nations 12.104g(a)). For the reasons set forth above, part Educational, Scientific and Cultural On August 26, 2011, after reviewing 12 of Title 19 of the Code of Federal Organization (UNESCO) Convention on the findings and recommendations of Regulations (19 CFR part 12), is the Means of Prohibiting and Preventing the Cultural Property Advisory amended as set forth below: the Illicit Import, Export and Transfer of Committee, the Acting Assistant Ownership of Cultural Property. The PART 12—SPECIAL CLASSES OF Secretary for Educational and Cultural final rule amends CBP regulations by MERCHANDISE Affairs, United States Department of adding Greece to the list of countries for State, concluding that the cultural ■ 1. The general authority citation for which a bilateral agreement has been heritage of Bolivia continues to be in part 12 and the specific authority entered into for imposing cultural jeopardy from pillage of certain citation for § 12.104g continue to read as property import restrictions. The final archaeological and ethnological follows: rule also contains the designated list materials, made the necessary that describes the types of determination to extend the import Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized Tariff archaeological and ethnological articles restrictions for an additional five years. Schedule of the United States (HTSUS)), to which the restrictions apply. On November 10, 2011, diplomatic 1624; DATES: Effective Date: December 1, 2011. notes were exchanged reflecting the * * * * * FOR FURTHER INFORMATION CONTACT: For extension of those restrictions for an Sections 12.104 through 12.104i also legal aspects, George Frederick McCray, additional five-year period. issued under 19 U.S.C. 2612; Esq., Chief, Cargo Security, Carriers & Accordingly, CBP is amending 19 CFR * * * * * Immigration Branch, Regulations and 12.104g(a) to reflect the extension of the ■ 2. In § 12.104g, paragraph (a), the table Rulings, Office of International Trade, import restrictions. The Designated List is amended in the entry for Bolivia by (202) 325–0082. For operational aspects: of Archaeological and Ethnological removing the words ‘‘extended by CBP Michael Craig, Chief, Interagency Material from Bolivia covered by these Dec. 06–26’’ in the column headed Requirements Branch, Trade Policy and import restrictions is set forth in T.D. ‘‘Decision No.’’ and adding in their Programs, Office of International Trade, 01–86. The Designated List and place the words ‘‘extended by CBP Dec. (202) 863–6558. accompanying image database may also 11–24 ’’. SUPPLEMENTARY INFORMATION: be found at the following Internet Web site address: http://exchanges.state.gov/ Alan D. Bersin, Background heritage/culprop/blfact.html. Commissioner, U.S. Customs and Border The value of cultural property, The restrictions on the importation of Protection. whether archaeological or ethnological these archaeological and ethnological Approved: November 28, 2011. in nature, is immeasurable. Such items materials from Bolivia are to continue in Timothy E. Skud, often constitute the very essence of a effect through December 4, 2016. Deputy Assistant Secretary of the Treasury. society and convey important Importation of such material continues [FR Doc. 2011–30897 Filed 11–30–11; 8:45 am] information concerning a people’s to be restricted unless the conditions set BILLING CODE 9111–14–P origin, history, and traditional setting. VerDate Mar<15>2010 17:21 Nov 30, 2011 Jkt 226001 PO 00000 Frm 00067 Fmt 4700 Sfmt 4700 E:\FR\FM\01DER1.SGM 01DER1 emcdonald on DSK5VPTVN1PROD with RULES 74692 Federal Register / Vol. 76, No. 231 / Thursday, December 1, 2011 / Rules and Regulations The importance and popularity of such determinations required under the and Greece entered into force. items regrettably makes them targets of statute with respect to certain Accordingly, CBP is amending 19 CFR theft, encourages clandestine looting of archaeological materials originating in 12.104g(a) to reflect this imposition of archaeological sites, and results in their Greece that are described in the import restrictions. illegal export and import. designated list set forth below in this A list of the categories of The United States shares in the document. These determinations archaeological and ethnological international concern for the need to include the following: (1) That the materials subject to the import protect endangered cultural property. cultural patrimony of Greece is in restrictions (the Designated List) is set The appearance in the United States of jeopardy from the pillage of forth later in this document. stolen or illegally exported artifacts archaeological materials representing Restrictions and Amendment to the from other countries where there has Greece’s cultural heritage from the Regulations been pillage has, on occasion, strained Upper Paleolithic (beginning our foreign and cultural relations. This approximately 20,000 B.C.) through the In accordance with the Agreement, situation, combined with the concerns 15th century A.D. and ecclesiastical importation of materials designated of museum, archaeological, and ethnological material representing below are subject to the restrictions of scholarly communities, was recognized Greece’s Byzantine culture 19 U.S.C. 2606 and § 12.104g(a) of the by the President and Congress. It (approximately the 4th century through Customs and Border Protection (CBP) became apparent that it was in the the 15th century A.D.) (19 U.S.C. regulations (19 CFR 12.104g(a)) and will national interest for the United States to 2602(a)(1)(A)); (2) that the Greek be restricted from entry into the United join with other countries to control government has taken measures States unless the conditions set forth in illegal trafficking of such articles in consistent with the Convention to 19 U.S.C. 2606 and § 12.104c of the international commerce. protect its cultural patrimony (19 U.S.C. regulations (19 CFR 12.104c) are met. The United States joined international 2602(a)(1)(B)); (3) that import CBP is amending § 12.104g(a) of the CBP efforts and actively participated in restrictions imposed by the United regulations (19 CFR 12.104g(a)) to deliberations resulting in the 1970 States would be of substantial benefit in indicate that these import restrictions United Nations Educational, Scientific deterring a serious situation of pillage have been imposed. and Cultural Organization (UNESCO) and remedies less drastic are not Designated List of Material Convention on the Means of Prohibiting available (19 U.S.C. 2602(a)(1)(C)); and Encompassed in Import Restrictions and Preventing the Illicit Import, Export (4) that the application of import and Transfer of Ownership of Cultural restrictions as set forth in this final rule The bilateral agreement between the Property (823 U.N.T.S. 231 (1972)). U.S. is consistent with the general interests United States and Greece includes, but acceptance of the 1970 UNESCO of the international community in the is not limited to, the categories of Convention was codified into U.S.
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