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Federal Register / Vol. 86, No. 7 / Tuesday, January 12, 2021 / Rules and Regulations DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection DEPARTMENT OF THE TREASURY
19 CFR Part 12
CBP Dec. 2101
RIN 1515AE59

Extension of Import Restrictions Imposed on Categories of Archaeological Material of Italy U.S. Customs and Border Protection, Department of Homeland Security; Department of the Treasury.

AGENCY:

ACTION:

Final rule.

This document amends U.S.
Customs and Border Protection CBP
regulations to reflect an extension of import restrictions on certain categories of archaeological material of the Italian Republic Italy. The restrictions, which were originally imposed by Treasury Decision 0106 and last extended by CBP Decision CBP Dec. 1602, are due to expire on January 12, 2021. The Assistant Secretary for Educational and Cultural Affairs, United States Department of State, has made the requisite determination for extending the import restrictions that previously existed and entered into a new Memorandum of Understanding MOU
with Italy to reflect the extension of these import restrictions. The new MOU
supersedes the existing MOU that was entered into on January 19, 2001, and previously extended, most recently until January 12, 2021. Accordingly, these import restrictions will remain in effect for an additional five years, and the CBP
regulations are being amended to reflect this extension until January 12, 2026.
CBP Dec. 1103 contains the amended Designated List of archaeological material of Italy to which the restrictions apply.

SUMMARY:

Effective on January 12, 2021.
For legal aspects, Lisa L. Burley, Chief, Cargo Security, Carriers and Restricted Merchandise Branch, Regulations and Rulings, Office of Trade, 202 325
0300, ot-otrrculturalproperty@
cbp.dhs.gov. For operational aspects, Genevieve S. Dozier, Management and Program Analyst, Commercial Targeting and Analysis Center, Trade Policy and Programs, Office of Trade, 202 945
2942, CTAC@cbp.dhs.gov.
SUPPLEMENTARY INFORMATION:
DATES:

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FOR FURTHER INFORMATION CONTACT:

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I. Background Pursuant to the Convention on Cultural Property Implementation Act, Public Law 97446, 19 U.S.C. 2601 et seq. hereinafter, the Cultural Property Implementation Act which implements the 1970 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 823
U.N.T.S. 231 1972, the United States entered into a bilateral agreement with the Italian Republic Italy on January 19, 2001, concerning the imposition of import restrictions on archaeological material representing the pre-Classical, Classical, and Imperial Roman periods the prior MOU.
On January 23, 2001, the former U.S.
Customs Service now U.S. Customs and Border Protection CBP published Treasury Decision 0106 in the Federal Register 66 FR 7399, which amended 12.104ga of Title 19 of the Code of Federal Regulations 19 CFR 12.104ga to reflect the imposition of these restrictions and included a list covering certain types of archaeological material.
Import restrictions listed in 19 CFR
12.104ga 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 may be extended for additional periods of not more than 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.
Since the final rule was published on January 23, 2001, the import restrictions that became effective on January 19, 2001, have been extended three times pursuant to exchanges of diplomatic notes as reflected in subsequent final rules. First, on January 19, 2006, CBP
published CBP Decision CBP Dec. 06
01 in the Federal Register 71 FR 3000
which amended 19 CFR 12.104ga to reflect the extension for an additional period of five years. Second, on January 19, 2011, CBP published CBP Dec. 11
03 in the Federal Register 76 FR 3012
to extend the import restrictions for an additional five-year period. CBP Dec.
1103 also reflects an amendment to the Designated List to include the subcategory Coins of Italian Types as part of the category entitled Metal, pursuant to 19 U.S.C. 2604. Third, on January 15, 2016, CBP published CBP
Dec. 1602 in the Federal Register 81
FR 2086 to further extend the import restrictions. This extension was pursuant to the exchange of diplomatic notes that took place between the
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United States and Italy, with entry into force on January 12, 2016, thus the extension of the import restrictions was implemented for an additional five-year period ending on January 12, 2021. See 19 CFR 12.104ga; 81 FR 2086.
On September 29, 2020, the Assistant Secretary for Educational and Cultural Affairs, United States Department of State, after consultation with and recommendation by the Cultural Property Advisory Committee, determined that the cultural heritage of Italy continues to be in jeopardy from pillage of certain archaeological material representing the pre-Classical, Classical, and Imperial Roman periods and that the import restrictions should be extended for an additional five years.
Subsequently, a new MOU was concluded between the United States and Italy on October 29, 2020. The new MOU supersedes and replaces the prior MOU of January 19, 2001, as amended and extended. The new MOU extends the import restrictions that went into effect under the prior MOU, as amended and extended, for five years from entry into force of the new MOU on January 12, 2021. The new MOU is titled:
Memorandum of Understanding between the Government of the United States of America and the Government of the Italian Republic Concerning the Imposition of Import Restrictions on Categories of Archaeological Material of Italy. Accordingly, CBP is amending 19
CFR 12.104ga to reflect the extension of the import restrictions.
The restrictions on the importation of categories of archaeological material of Italy are to continue in effect until January 12, 2026. Importation of such materials from Italy continues to be restricted until that date unless the conditions set forth in 19 U.S.C. 2606
and 19 CFR 12.104c are met.
The Designated List of pre-Classical, Classical and Imperial Roman period archaeological material from Italy covered by these import restrictions is set forth in CBP Dec. 1103. The Designated List and additional information may also be found at the following website address: https
eca.state.gov/cultural-heritage-center/
cultural-property-advisory-committee/
current-import-restrictions by selecting the materials for Italy.
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 under 5 U.S.C.
553a1. For the same reason, a delayed effective date is not required under 5 U.S.C. 553d3.

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