Federal Register - March 12, 2021
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Source: Federal Register
13994
Federal Register / Vol. 86, No. 47 / Friday, March 12, 2021 / Rules and Regulations
Dec. 1106 in the Federal Register 76
FR 13879 to extend the import restrictions for a period of five years to March 15, 2016. Second, on March 15, 2016, following the exchange of diplomatic notes, CBP published a final rule CBP Dec. 1605 in the Federal Register 81 FR 13721 to extend the import restriction for an additional fiveyear period to March 15, 2021.
On June 8, 2020, the United States Department of State proposed in the Federal Register 85 FR 35156 to extend the MOU between the United States and Colombia concerning the imposition of import restrictions on certain categories of archeological and ecclesiastical ethnological material from Colombia. On January 6, 2021, the Assistant Secretary for Educational and Cultural Affairs, United States Department of State, after consultation with and recommendations by the Cultural Property Advisory Committee, determined that the cultural heritage of Colombia continues to be in jeopardy from pillage of certain archaeological and ecclesiastical ethnological material, and that the import restrictions should be extended for an additional five years.
Subsequently, on March 4, 2021, the Government of the United States and Government of Colombia entered into a new agreement, titled Agreement between the Government of the United States of America and the Government of the Republic of Colombia Concerning the Imposition of Import Restrictions on Categories of Archaeological and Ethnological Materials of the Republic of Colombia, which is effective on March 10, 2021. The new agreement supersedes the existing MOU that first entered into force on March 15, 2006.
Pursuant to the new agreement, the import restrictions will remain in effect for an additional five years.
Accordingly, CBP is amending 19 CFR
12.104ga to reflect the extension of the import restrictions. The restrictions on the importation of archaeological and ecclesiastical ethnological material are to continue in effect until March 10, 2026. Importation of such material from Colombia continues to be restricted through that date unless the conditions set forth in 19 U.S.C. 2606 and 19 CFR
12.104c are met.
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 material for Colombia.
Inapplicability of Notice and Delayed Effective Date
pertaining to the Secretary of the Treasurys authority or that of his/her delegate to approve regulations related to customs revenue functions.
List of Subjects in 19 CFR Part 12
Cultural property, Customs duties and inspection, Imports, Prohibited merchandise, Reporting and recordkeeping requirements.
Amendment to CBP Regulations 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 12SPECIAL CLASSES OF
MERCHANDISE
1. The general authority citation for part 12 and the specific authority citation for 12.104g continue to read as follows:
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.
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
CBP has determined that this document is not a regulation or rule subject to the provisions of Executive Order 12866 because it pertains to a foreign affairs function of the United States, as described above, and therefore is specifically exempted by section 3d2 of Executive Order 12866.
Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202
General Note 3i, Harmonized Tariff Schedule of the United States HTSUS, 1624;
Sections 12.104 through 12.104i also issued under 19 U.S.C. 2612;
2. In 12.104g, in the table in paragraph a amend the entry for Colombia by removing the words CBP
Dec. 0609 extended by CBP Dec. 16
05 in the column headed Decision No., and adding in their place the words CBP Dec. 0609 extended by CBP Dec. 2105.
2. In 12.104g, amend the table in paragraph a by revising the entry for Colombia to read as follows:
12.104g Specific items or categories designated by agreements or emergency actions.
Signing Authority This regulation is being issued in accordance with 19 CFR 0.1a1,
a
State party
Cultural property
Decision No.
Colombia ..
Pre-Columbian archaeological material ranging approximately from 1500 B.C. to 1530
A.D. and ecclesiastical ethnological material of the Colonial period ranging approximately from A.D. 1530 to 1830.
CBP Dec. 0609 extended by CBP Dec.
2105.
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