Merchandise, special classes: El Salvador; archaeological material from Prehispanic cultures,
[Federal Register: March 9, 2000 (Volume 65, Number 47)]
[Rules and Regulations]
[Page 12470-12471]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09mr00-10]
[[Page 12470]]
DEPARTMENT OF THE TREASURY
Customs Service
[T.D. 00--16]
RIN 1515-AC61
Extension of Import Restrictions Imposed on Certain Categories of Archaeological Material From the Prehispanic Cultures of the Republic of El Salvador
AGENCY: U.S. Customs Service, Department of the Treasury.
ACTION: Final rule.
SUMMARY: This document amends the Customs Regulations to reflect the extension of the import restrictions on certain categories of archaeological material from the Prehispanic cultures of the Republic of El Salvador which were imposed by T.D. 95-20. The Under Secretary for Public Diplomacy and Public 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 Customs Regulations are being amended to indicate this extension. These restrictions are being imposed 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. 95-20 contains the Designated List of archaeological material representing Prehispanic cultures of El Salvador.
EFFECTIVE DATE: March 8, 2000.
FOR FURTHER INFORMATION CONTACT: (Legal Aspects) Michael L. Smith, Intellectual Property Rights Branch (202) 927-1996; (Operational Aspects) Alfred Morawski, Other Government Agencies Branch (202) 927- 0402.
SUPPLEMENTARY INFORMATION:
Background
Pursuant to the provisions of 1970 UNESCO Convention (codified into U.S. law as the ``Convention on Cultural Property Implementation Act'' (Public Law 97-446, 19 U.S.C. 2601 et seq.) (``the Act'')), the United States entered into a bilateral agreement with the Republic of El Salvador on March 8, 1995, concerning the imposition of import restrictions on certain categories of archeological material from the Prehispanic cultures of the Republic of El Salvador. The United States Customs Service issued T.D. 95-20 (March 10, 1995), amending Sec. 12.104g(a) of the Customs Regulations (19 CFR 12.104g(a)) to reflect the imposition of these restrictions and including a list designating the types of article covered by the restrictions.
After reviewing the findings and recommendations of the Cultural Property Advisory Committee, the Under Secretary for Public Diplomacy and Public Affairs, United States Department of State, concluding that the cultural heritage of El Salvador continues to be in jeopardy from pillage of Prehispanic archaeological resources, made the necessary determinations to extend the import restrictions for an additional five years on February 14, 2000. Accordingly, Customs is amending Sec. 12.104g(a) (19 CFR 12.104g(a)) to reflect the extension of the import restrictions.
The Designated List of Archaeological Material Representing Prehispanic Cultures of El Salvador covered by these import restrictions is set forth in T.D. 95-20. The Designated List and accompanying image database may also be found at the following internet website address: http://e.usia.gov/education/culprop.
The restrictions on the importation of these archaeological materials from the Republic of El Salvador are to continue in effect until March 8, 2005. Importation of such material continues to be restricted unless:
(1) Accompanied by appropriate export certification issued by the Government of the Republic of El Salvador or;
(2) With respect to Pre-Columbian material from archaeological sites throughout El Salvador, documentation exists that exportation from El Salvador occurred prior to March 10, 1995; or;
(3) With respect specifically to Pre-Columbian material from the Cara Sucia archaeological region, documentation exists that exportation from El Salvador occurred prior to September 7, 1987.
Regulatory Amendment
This document amends Sec. 12.104g(a), Customs Regulations (19 CFR 12.104g(a)) extending the effective date for five years for the import restrictions on the archaeological material representing Prehispanic cultures of the Republic of El Salvador.
Inapplicability of Notice and Delayed Effective Date
This amendment is being made without notice or public procedure pursuant to 5 U.S.C. 553(a)(1). In addition, pursuant to 5 U.S.C. 553(b)(B), Customs 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. 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.
Drafting Information: The principal author of this document was Keith B. Rudich, Regulations Branch, Office of Regulations and Rulings, U.S. Customs Service. However, personnel from other offices participated in its development.
List of Subjects in 19 CFR Part 12
Cultural property, Customs duties and inspections, Imports.
Amendment to the Regulations
Accordingly, Part 12 of the Customs Regulations (19 CFR Part 12) is amended as set forth below:
PART 12--SPECIAL CLASSES OF MERCHANDISE
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The general authority and specific authority citation for Part 12, in part, continue to read as follows:
Authority: 5 U.S.C. 301, 19 U.S.C. 66, 1202 (General Note 20, Harmonized Tariff Schedule of the United States (HTSUS)), 1624; * * * * *
Sections 12.104 through 12.104i also issued under 19 U.S.C. 2612; * * * * *
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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 El Salvador by adding ``extended by T.D. 00-16''
[[Page 12471]]
immediately after ``T.D. 95-20'' in the column headed ``T.D. No.''.
Raymond W. Kelly, Commissioner of Customs.
Approved: March 1, 1999. John P. Simpson, Deputy Assistant Secretary of the Treasury.
[FR Doc. 00-5811Filed3-6-00; 4:00pm]
BILLING CODE 4820-02-P
