[Federal Register: January 19, 2006 (Volume 71, Number 12)]
[Rules and Regulations]
[Page 3000-3001]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19ja06-7]
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DEPARTMENT OF HOMELAND SECURITY
Bureau of Customs and Border Protection
DEPARTMENT OF THE TREASURY
19 CFR Part 12
[CBP Dec. 06-01; USCBP-2006-0016]
RIN 1505-AB63
Extension of Import Restrictions Imposed on Archaeological
Material Originating in Italy and Representing the Pre-Classical,
Classical, and Imperial Roman Periods
AGENCY: Customs and Border Protection; Homeland Security; Treasury.
ACTION: Final rule.
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SUMMARY: This document amends the Bureau of Customs and Border
Protection (CBP) regulations to indicate the extension of the import
restrictions that were imposed by Treasury Decision 01-06 on certain
archaeological material originating in Italy and representing the pre-
Classical, Classical, and Imperial Roman periods of its cultural
heritage, ranging in date from approximately the 9th century B.C.
through approximately the 4th century A.D. that were imposed by
Treasury Decision (T.D.) 01-06. The Assistant Secretary for Educational
and Cultural Affairs, United States Department of State, has determined
that conditions continue to warrant the imposition of import
restrictions.
Accordingly, the restrictions will remain in effect for an
additional 5 years, and the CBP regulations are being amended to
reflect this extension. These restrictions are being extended pursuant
to determinations of the United States Department of State made under
the terms of the Convention on Cultural Property Implementation Act in
accordance with the 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. T.D. 01-06 contains the Designated List of
archaeological material originating in Italy and representing the pre-
Classical, Classical, and Imperial Roman periods of its cultural
heritage, ranging in date from approximately the 9th century B.C.
through approximately the 4th century A.D.
EFFECTIVE DATE: January 19, 2006.
FOR FURTHER INFORMATION CONTACT: For legal aspects, George F. McCray,
Esq., Chief, Intellectual Property Rights and Restricted Merchandise
Branch, (202) 572-8710. For operational aspects, Michael Craig, Chief,
Other Government Agencies Branch, (202) 344-1684.
SUPPLEMENTARY INFORMATION:
Background
Pursuant to the provisions of the 1970 United Nations Educational,
Scientific and Cultural Organization (UNESCO) Convention, codified into
U.S. law as the Convention on Cultural Property Implementation Act
(Pub. L. 97-446, 19 U.S.C. 2601 et seq.), the United States entered
into a bilateral agreement with Italy on January 19, 2001, concerning
the imposition of import restrictions on archeological material
originating in Italy and representing the pre-Classical, Classical, and
Imperial Roman periods. On January 23, 2001, the United States Customs
Service published T.D. 01-06 in the Federal Register (66 FR 7399),
which amended 19 CFR 12.104g(a) to indicate the imposition of these
restrictions and included a list designating the types of
archaeological material covered by the restrictions.
Import restrictions listed in 19 CFR 12.104g(a) 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 can be
extended for additional periods not to exceed 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'' (19 CFR
12.104g(a)).
After reviewing the findings and recommendations of the Cultural
Property Advisory Committee, the Assistant Secretary for Educational
and Cultural Affairs, United States Department of State, concluding
that the cultural heritage of Italy continues to be in jeopardy from
pillage of archaeological material representing the pre-Classical,
Classical, and Imperial Roman periods, made the necessary determination
to extend the import restrictions for an additional five years on
December 5, 2005. Accordingly, CBP is amending 19 CFR 12.104g(a) to
indicate the extension of the import restrictions.
The Designated List of Archaeological Material Originating in Italy
and Representing the pre-Classical, Classical, and Imperial Roman
periods of Italy covered by these import restrictions is set forth in
T.D. 01-06. The Designated List and accompanying image database may
also be found at the following internet website address: http://exchanges.state.gov/culprop/it01fr01.html.
The restrictions on the
importation of these archaeological materials originating in Italy are
to continue in effect for an additional 5 years. Importation of such
material continues to be restricted unless:
(1) Accompanied by appropriate export certification issued by the
Government of Italy; or
(2) With respect to archaeological material originating in Italy
and representing the pre-Classical, Classical, and Imperial Roman
periods, verifiable documentation exists that exportation occurred
prior to January 19, 2001.
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
(5 U.S.C. 553(a)(1)). In addition, CBP has determined that such notice
or public procedure would be impracticable and contrary to the public
interest because the action being taken is essential to avoid
interruption of the application of the existing import restrictions (5
U.S.C. 553(b)(B)). For the same reasons, pursuant to 5 U.S.C.
553(d)(3), a delayed effective date is not required.
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
This amendment does not meet the criteria of a ``significant
regulatory action'' as described in Executive Order 12866.
Signing Authority
This regulation is being issued in accordance with 19 CFR
0.1(a)(1).
List of Subjects in 19 CFR Part 12
Cultural property, Customs duties and inspection, Imports,
Prohibited merchandise.
Amendment to CBP Regulations
0
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 12--SPECIAL CLASSES OF MERCHANDISE
0
1. The general authority citation for part 12 and the specific
authority citation for Sec. 12.104g continue to read as follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 3(i),
Harmonized Tariff
[[Page 3001]]
Schedule of the United States (HTSUS)), 1624;
* * * * *
Sections 12.104 through 12.104i also issued under 19 U.S.C.
2612;
* * * * *
Sec. 12.104g [Amended]
0
2. In Sec. 12.104g(a), the table of the list of agreements imposing
import restrictions on described articles of cultural property of State
Parties is amended in the entry for Italy by removing the reference to
``T.D. 01-06'' in the column headed ``Decision No.'' and adding in its
place the language ``T.D. 01-06 extended by CBP Dec. 06-01''.
Deborah J. Spiro,
Acting Commissioner, Bureau of Customs and Border Protection.
Approved: January 17, 2006.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 06-528 Filed 1-18-06; 8:45 am]
BILLING CODE 9111-14-P