Extension of Import Restrictions on Archaeological Material of Chile

<RULE> DEPARTMENT OF HOMELAND SECURITY <SUBAGY>U.S. Customs and Border Protection</SUBAGY> <CFR>19 CFR Part 12</CFR> <DEPDOC>[CBP Dec. 25-14]</DEPDOC> <RIN>RIN 1685-AA35</RIN> <SUBJECT>Extension of Import Restrictions on Archaeological Material of Chile</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> U.S. Customs and Border Protection, Department of Homeland Security. <HD SOURCE="HED">ACTION:</HD> Final rule. <SUM> <HD SOURCE="HED">SUMMARY:</HD> This document amends the U.S. Customs and Border Protection (CBP) regulations to extend import restrictions on certain archaeological material from the Republic of Chile. The Acting Assistant Secretary 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 20-16. These import restrictions are being extended pursuant to an exchange of diplomatic notes. The CBP regulations are being amended to reflect this further extension through September 30, 2030. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> Effective September 30, 2025. </EFFDATE> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> For legal aspects, W. Richmond Beevers, Chief, Cargo Security, Carriers and Restricted Merchandise Branch, Regulations and Rulings, Office of Trade, (202) 325-0084, or <E T="03">ot-otrrculturalproperty@cbp.dhs.gov</E> . For operational aspects, Julie L. Stoeber, Chief, 1USG Branch, Trade Policy and Programs, Office of Trade, (202) 945-7064, or <E T="03">1USGBranch@cbp.dhs.gov</E> . </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">Background</HD> The Convention on Cultural Property Implementation Act (Pub. L. 97-446, 19 U.S.C. 2601 <E T="03">et seq.</E> ) (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 § 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 7, 2020, the United States entered into a bilateral agreement (2020 Agreement) with the Republic of Chile (Chile) that entered into force on September 30, 2020, to impose import restrictions on archaeological material representing Chile's cultural heritage that is at least 250 years old, dating from the Paleoindian period (approximately 31,000-8000 B.C.) to the Huri Moai phase in Chile (A.D. 1680-1868). On October 9, 2020, CBP published a final rule (CBP Dec. 20-16) in the <E T="04">Federal Register</E> (85 FR 64020), which amended 19 CFR 12.104g(a) to reflect the imposition of these restrictions, including a list designating the types of archaeological material covered by the restrictions. On December 30, 2024, the United States Department of State proposed in the <E T="04">Federal Register</E> (89 FR 106721) to extend the 2020 Agreement. On August 7, 2025, after considering the views and recommendations of the Cultural Property Advisory Committee, the Acting Assistant Secretary for Educational and Cultural Affairs, United States Department of State, made the necessary determinations to extend the import restrictions for an additional five years. Following an exchange of diplomatic notes, the United States and Chile have agreed to extend the restrictions for an additional five-year period, through September 30, 2030. Accordingly, CBP is amending 19 CFR 12.104g(a) to reflect the extension of these import restrictions. The restrictions on the importation of archaeological material from Chile will continue in effect through September 30, 2030. Importation of such material from Chile 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 of restricted material and additional information may also be found at the following website address: <E T="03">https://www.state.gov/current-agreements-and-import-restrictions</E> by selecting the material for “Chile.” <HD SOURCE="HD1">Inapplicability of Notice and Delayed Effective Date</HD> 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. 553(a)(1). For the same reason, a delayed effective date is not required under 5 U.S.C. 553(d)(3). <HD SOURCE="HD1">Executive Order 12866</HD> 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. <HD SOURCE="HD1">Regulatory Flexibility Act</HD> The Regulatory Flexibility Act (5 U.S.C. 601 <E T="03">et seq.</E> ), 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 ( <E T="03">i.e.,</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. <HD SOURCE="HD1">Signing Authority</HD> In accordance with Treasury Order 100-20, the Secretary of the Treasury has 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 Department of Homeland Security 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. Rodney S. Scott, the Commissioner of CBP, having reviewed and approved this document, has delegated the authority to electronically sign this document to the Director of the Regulations and Disclosure Law Division of CBP, for purposes of publication in the <E T="04">Federal Register</E> . <LSTSUB> <HD SOURCE="HED">List of Subjects in 19 CFR Part 12</HD> Cultural property, Customs duties and inspection, Imports, Prohibited merchandise, and Reporting and recordkeeping requirements. </LSTSUB> <HD SOURCE="HD1">Amendment to the CBP Regulations</HD> 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: <HD SOURCE="HED">PART 12—SPECIAL CLASSES OF MERCHANDISE</HD> <REGTEXT TITLE="19" PART="12"> 1. The general authority citation for part 12 and the specific authority citation for § 12.104g continue to read as follows: <HD SOURCE="HED">Authority:</HD> 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized Tariff Schedule of the United States (HTSUS)), 1624. <EXTRACT> <STARS/> Sections 12.104 through 12.104i also issued under 19 U.S.C. 2612; <STARS/> </EXTRACT> </REGTEXT> <REGTEXT TITLE="19" PART="12"> 2. In § 12.104g, amend the table in paragraph (a) by revising the entry for Chile to read as follows: <SECTION> <SECTNO>§ 12.104g</SECTNO> <SUBJECT>Specific items or categories designated by agreements or emergency actions.</SUBJECT> (a) * * * <GPOTABLE COLS="3" OPTS="L1,nj,tp0,i1" CDEF="s50,r150,r75"> <TTITLE> </TTITLE> <CHED H="1">State party</CHED> <CHED H="1">Cultural property</CHED> <CHED H="1">Decision No.</CHED> <ROW> <ENT I="22"> </ENT> </ROW> <ROW> <ENT I="28">*         *         *         *         *         *         *</ENT> </ROW> <ROW> <ENT I="01">Chile</ENT> <ENT>Archaeological material representing Chile's cultural heritage from the Paleoindian period (c. 31,000 B.C.) to the Huri Moai phase in Chile (A.D. 1680-1868)</ENT> <ENT>CBP Dec. 20-16, extended by CBP Dec. 25-14.</ENT> </ROW> <ROW> <ENT I="22"> </ENT> </ROW> <ROW> <ENT I="28">*         *         *         *         *         *         *</ENT> <NAME>Robert F. Altneu,</NAME> Director, Regulations and Disclosure Law Division, Regulations and Rulings, Office of Trade, U.S. Customs and Border Protection. </SIG> </SUPLINF> <FRDOC>[FR Doc. 2025-19244 Filed 9-30-25; 11:15 am]</FRDOC> </RULE>