Extension of Import Restrictions Imposed on Archaeological and Ethnological Material of Ecuador and Correction, 13687-13688 [2025-05147]

Agencies

• DEPARTMENT OF HOMELAND SECURITY
• U.S. Customs and Border Protection

[Federal Register Volume 90, Number 57 (Wednesday, March 26, 2025)]
[Rules and Regulations]
[Pages 13687-13688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-05147]



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Rules and Regulations
                                                Federal Register
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having general applicability and legal effect, most of which are keyed 
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under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

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Federal Register / Vol. 90, No. 57 / Wednesday, March 26, 2025 / 
Rules and Regulations

[[Page 13687]]



DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

19 CFR Part 12

[CBP Dec. 25-03]
RIN 1685-AA30


Extension of Import Restrictions Imposed on Archaeological and 
Ethnological Material of Ecuador and Correction

AGENCY: U.S. Customs and Border Protection, Department of Homeland 
Security.

ACTION: Final rule.

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SUMMARY: This document amends the U.S. Customs and Border Protection 
(CBP) regulations to extend import restrictions on certain 
archaeological and ethnological material from Ecuador. The Assistant 
Secretary of State for Educational and Cultural Affairs, United States 
Department of State, has made the requisite determinations for 
extending the import restrictions, which were originally imposed by CBP 
Decision 20-03. These import restrictions are being extended pursuant 
to an exchange of diplomatic notes. The CBP regulations are being 
amended to reflect this extension through January 16, 2030.

DATES: Effective on March 26, 2025.

FOR FURTHER INFORMATION CONTACT: For legal aspects, W. Richmond 
Beevers, Chief, Cargo Security, Carriers and Restricted Merchandise 
Branch, Regulations and Rulings, Office of Trade, (202) 325-0084, [email protected]. For operational aspects, Julie L. 
Stoeber, Chief, 1USG Branch, Trade Policy and Programs, Office of 
Trade, (202) 945-7064, [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The Convention on Cultural Property Implementation Act (Pub. L. 97-
446, 19 U.S.C. 2601 et seq.) (CPIA), 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 Convention), allows for the conclusion of an 
agreement between the United States and another party to the Convention 
to impose import restrictions on eligible archaeological and 
ethnological material. Under the CPIA and the applicable U.S. Customs 
and Border Protection (CBP) regulations, found in Sec.  12.104 of title 
19 of the Code of Federal Regulations (19 CFR 12.104), the restrictions 
are effective for no more than five years beginning on the date on 
which an agreement enters into force with respect to the United States 
(19 U.S.C. 2602(b)). This period may be extended for additional 
periods, each extension not to exceed five years, if it is determined 
that the factors justifying the initial agreement still pertain and no 
cause for suspension of the agreement exists (19 U.S.C. 2602(e); 19 CFR 
12.104g(a)).
    On May 22, 2019, the United States and the Republic of Ecuador 
(Ecuador) signed the ``Memorandum of Understanding Between the 
Government of the United States of America and the Government of the 
Republic of Ecuador Concerning the Imposition of Import Restrictions on 
Categories of Archaeological and Ethnological Material of Ecuador'' 
(the MOU). Following the exchange of diplomatic notes, the MOU entered 
into force on February 11, 2020. On February 14, 2020, CBP published a 
final rule (CBP Dec. 20-03) in the Federal Register (85 FR 8389),\1\ 
which amended 19 CFR 12.104g(a) to impose import restrictions on 
categories of archaeological and ethnological material. The designated 
list identified archaeological material dating from the Pre-ceramic 
period and into the Colonial period (approximately 12,000 B.C. to A.D. 
1769), and ethnological material, including Colonial period 
ecclesiastical material, and Colonial period secular paintings, 
documents, and manuscripts, dating from A.D. 1532 to 1822.
---------------------------------------------------------------------------

    \1\ On May 22, 2024, this final rule was corrected by CBP Dec. 
24-10 to reflect the proper entry into force date for the MOU and 
adjust the corresponding expiration date of the import restrictions 
(89 FR 44921).
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    On April 24, 2024, the United States Department of State proposed 
in the Federal Register (89 FR 31245) to extend the MOU. On December 2, 
2024, after considering the views and recommendations of the Cultural 
Property Advisory Committee, the Assistant Secretary of State for 
Educational and Cultural Affairs, United States Department of State, 
made the necessary determinations to extend the MOU for an additional 
five years. Following an exchange of diplomatic notes, concluded on 
January 16, 2025, the United States and Ecuador have agreed to extend 
the MOU for an additional five-year period, through January 16, 2030. 
However, in the absence of a final rule extending enforcement of the 
restrictions, enforcement of these restrictions ended on February 11, 
2025. Enforcement of the extension will begin upon publication of this 
document in the Federal Register.
    Accordingly, CBP is amending 19 CFR 12.104g(a) to reflect the 
extension and reinstate enforcement of these restrictions. The 
restrictions on the importation of archaeological and ethnological 
material from Ecuador will continue in effect through January 16, 2030. 
Importation of such material from Ecuador 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. Additionally, CBP is clarifying the dates 
applicable to ethnological material of Ecuador, consistent with the 
designated list published in CBP Dec. 20-03. As such, CBP is revising 
the description language in the cultural property column found in 19 
CFR 12.104g(a).
    The Designated List and additional information may also be found at 
the following website address: https://eca.state.gov/cultural-heritage-center/cultural-property/current-agreements-and-import-restrictions by 
selecting the material for ``Ecuador.''

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.

[[Page 13688]]

553(a)(1). For the same reason, a delayed effective date is not 
required under 5 U.S.C. 553(d)(3).

Executive Order 12866

    Executive Order 12866 (Regulatory Planning and Review) directs 
agencies to assess the costs and benefits of available regulatory 
alternatives and, if regulation is necessary, to select regulatory 
approaches that maximize net benefits (including potential economic, 
environmental, public health and safety effects, distributive impacts, 
and equity). 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 
3(d)(2) of Executive Order 12866.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as amended 
by the Small Business Regulatory Enforcement Fairness Act of 1996, 
requires an agency to prepare and make available to the public a 
regulatory flexibility analysis that describes the effect of a proposed 
rule on small entities (i.e., small businesses, small organizations, 
and small governmental jurisdictions) when the agency is required to 
publish a general notice of proposed rulemaking for a rule. Since a 
general notice of proposed rulemaking is not necessary for this rule, 
CBP is not required to prepare a regulatory flexibility analysis for 
this rule.

Signing Authority

    In accordance with Treasury Order 100-20, the Secretary of the 
Treasury delegated to the Secretary of Homeland Security the authority 
related to the customs revenue functions vested in the Secretary of the 
Treasury as set forth in 6 U.S.C. 212 and 215, subject to certain 
exceptions. This regulation is being issued in accordance with DHS 
Directive 07010.3, Revision 03.2, which delegates to the Commissioner 
of CBP the authority to prescribe and approve regulations related to 
cultural property import restrictions.
    Pete Flores, Acting Commissioner, having reviewed and approved this 
document, has delegated the authority to electronically sign this 
document to the Director (or Acting Director, if applicable) of the 
Regulations and Disclosure Law Division of CBP, for purposes of 
publication in the Federal Register.

List of Subjects in 19 CFR Part 12

    Cultural property, Customs duties and inspection, Imports, 
Prohibited merchandise, and Reporting and recordkeeping requirements.

Amendment to the 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 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 Schedule of the United States (HTSUS)), 1624.
* * * * *
    Sections 12.104 through 12.104i also issued under 19 U.S.C. 
2612;
* * * * *

0
2. In Sec.  12.104g, amend the table in paragraph (a) by revising the 
entry for Ecuador to read as follows:


Sec.  12.104g   Specific items or categories designated by agreements 
or emergency actions.

    (a) * * *

------------------------------------------------------------------------
     State party              Cultural property           Decision No.
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                              * * * * * * *
Ecuador..............  Archaeological material that is  CBP Dec. 20-03,
                        at least 250 years old, dating   corrected by
                        from the Pre-ceramic period      CBP Dec. 24-10,
                        and into the Colonial period     extended by CBP
                        (approximately 12,000 B.C. to    Dec. 25-03.
                        A.D. 1769), and ethnological
                        material, including Colonial
                        period ecclesiastical material
                        and Colonial period secular
                        paintings, documents, and
                        manuscripts, dating from A.D.
                        1532 to 1822.
 
                              * * * * * * *
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* * * * *

Robert F. Altneu,
Director, Regulations and Disclosure Law Division, Regulations and 
Rulings, Office of Trade, U.S. Customs and Border Protection.
[FR Doc. 2025-05147 Filed 3-25-25; 8:45 am]
BILLING CODE 9111-14-P