2026-00585: Extension of Import Restrictions on Archaeological Material of Costa Rica

Federal Register, Volume 91 Issue 9 (Wednesday, January 14, 2026) [Federal Register Volume 91, Number 9 (Wednesday, January 14, 2026)] [Rules and Regulations] [Pages 1381-1382] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2026-00585] ======================================================================== Rules and Regulations Federal Register ________________________________________________________________________ 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. ======================================================================== Federal Register / Vol. 91, No. 9 / Wednesday, January 14, 2026 / Rules and Regulations [[Page 1381]] DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection 19 CFR Part 12 [CBP Dec. 26-03] RIN 1685-AA40 Extension of Import Restrictions on Archaeological Material of Costa Rica

Agency

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

Action

Final rule. -----------------------------------------------------------------------

Summary

This document amends the U.S. Customs and Border Protection (CBP) regulations to reflect an extension of import restrictions on certain archaeological material from the Republic of Costa Rica, which were originally imposed by CBP Decision 21-06. The CBP regulations are being amended to reflect this extension through January 15, 2031.

Dates

Effective on January 15, 2026.

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, Queena Fan, Director, Interagency Collaboration Division, Trade Programs Directorate, 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 January 15, 2021, the United States and the Government of the Republic of Costa Rica (Costa Rica) entered into a Memorandum of Understanding entitled ``Memorandum of Understanding between the Government of the United States and the Government of the Republic of Costa Rica Concerning the Imposition of Import Restrictions on Categories of Archaeological Material of Costa Rica'' (the MOU). The MOU entered into force upon signature on January 15, 2021, and reflects an agreement to impose import restrictions on certain categories of archaeological material representing Costa Rica's cultural heritage ranging in date from approximately 12,000 B.C. to A.D. 1550. On April 1, 2021, CBP published a final rule (CBP Dec. 21-06) in the Federal Register (86 FR 17055), 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 April 22, 2025, the United States Department of State proposed in the Federal Register (90 FR 16912) to extend the MOU. 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 MOU for an additional five years. Pursuant to an exchange of diplomatic notes, the United States and Costa Rica have agreed to extend the MOU for an additional five-year period, through January 15, 2031. Accordingly, CBP is amending 19 CFR 12.104g(a) to reflect the extension of the import restrictions. The restrictions on the importation of archaeological material from Costa Rica will continue in effect through January 15, 2031. Importation of such material from Costa Rica 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 from Costa Rica covered by these import restrictions is set forth in CBP Dec. 21-06. The Designated List and additional information may also be found at the following website address: https://www.state.gov/current-agreements-and-import-restrictions by selecting the materials for ``Costa Rica.'' 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. 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 [[Page 1382]] 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 Department of Homeland Security Delegation 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, Commissioner, 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 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