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17055

Rules and Regulations
Federal Register Vol. 86, No. 61
Thursday, April 1, 2021

This section of the FEDERAL REGISTER
contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.

DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection DEPARTMENT OF THE TREASURY
19 CFR Part 12
CBP Dec. 2106
RIN 1515AE62

Imposition of Import Restrictions on Categories of Archaeological Material of Costa Rica U.S. Customs and Border Protection, Department of Homeland Security; Department of the Treasury.
ACTION: Final rule.
AGENCY:

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Background The Convention on Cultural Property Implementation Act, Public Law 97
446, 19 U.S.C. 2601 et seq. hereinafter, the Cultural Property Implementation Act, 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 hereinafter, the Convention 823 U.N.T.S. 231 1972. Pursuant to the Cultural Property Implementation Act, the United States entered into a bilateral agreement with Costa Rica to impose import restrictions on certain archaeological material from Costa Rica.
This rule announces that the United States is now imposing import restrictions on certain archaeological material from Costa Rica.
Determinations
This final rule amends the U.S. Customs and Border Protection CBP regulations to reflect the imposition of import restrictions on certain archaeological material from the Republic of Costa Rica Costa Rica.
These restrictions are being imposed pursuant to an agreement between the United States and Costa Rica that has been entered into under the authority of the Convention on Cultural Property Implementation Act. The final rule amends the CBP regulations by adding Costa Rica to the list of countries which have a bilateral agreement with the United States that imposes cultural property import restrictions. The final rule also contains the Designated List that describes the types of archaeological material to which the import restrictions apply.
DATES: Effective on March 31, 2021.
FOR FURTHER INFORMATION CONTACT: 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, Pinky Khan, Branch Chief, Commercial Targeting and Analysis Center, Trade SUMMARY:

Policy and Programs, Office of Trade, 202 4272018, CTAC@cbp.dhs.gov.
SUPPLEMENTARY INFORMATION:

Under 19 U.S.C. 2602a1, the United States must make certain determinations before entering into an agreement to impose import restrictions under 19 U.S.C. 2602a2. On September 3, 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, made the determinations required under the statute with respect to certain archaeological material originating in Costa Rica that is described in the Designated List set forth below in this document.
These determinations include the following: 1 That the cultural patrimony of Costa Rica is in jeopardy from the pillage of archaeological material representing Costa Ricas cultural heritage dating from approximately 12,000 B.C. to A.D. 1550
19 U.S.C. 2601a1A; 2 that the Costa Rican government has taken measures consistent with the Convention to protect its cultural patrimony 19 U.S.C. 2602a1B; 3
that import restrictions imposed by the United States would be of substantial benefit in deterring a serious situation of pillage and remedies less drastic are not available 19 U.S.C. 2602a1C; and
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4 that the application of import restrictions as set forth in this final rule is consistent with the general interests of the international community in the interchange of cultural property among nations for scientific, cultural, and educational purposes 19 U.S.C.
2602a1D. The Assistant Secretary also found that the material described in the determinations meets the statutory definition of archaeological or ethnological material of the State Party 19 U.S.C. 26012.
The Agreement On January 15, 2021, the United States and Costa Rica signed a bilateral agreement, Memorandum of Understanding between the Government of the United States of America and the Government of the Republic of Costa Rica Concerning the Imposition of Import Restrictions on Categories of Archaeological Material of Costa Rica the Agreement, pursuant to the provisions of 19 U.S.C. 2602a2. The Agreement entered into force upon signature, and enables the promulgation of import restrictions on categories of archaeological material representing Costa Ricas cultural heritage ranging in date from approximately 12,000 B.C. to A.D. 1550. A list of the categories of archaeological material subject to the import restrictions is set forth later in this document.
Restrictions and Amendment to the Regulations In accordance with the Agreement, importation of material designated below is subject to the restrictions of 19
U.S.C. 2606 and 12.104ga of title 19
of the Code of Federal Regulations 19
CFR 12.104ga and will be restricted from entry into the United States unless the conditions set forth in 19 U.S.C.
2606 and 12.104c of the CBP
Regulations 19 CFR 12.104c are met.
CBP is amending 12.104ga of the CBP Regulations 19 CFR 12.104ga to indicate that these import restrictions have been imposed.
Import restrictions listed at 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 Agreement still pertain and no cause for suspension of the
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