CBP Extends Import Restrictions on Colombian Cultural Material

Content

ACTION:

Final rule.

SUMMARY:

This document amends U.S. Customs and Border Protection (CBP) regulations to reflect an extension of import restrictions on
certain categories of archaeological and ecclesiastical ethnological material of the Republic of Colombia, which were originally
imposed in CBP Decision 06-09 and last extended by CBP Decision 21-05. The CBP regulations are being amended to reflect this
extension through March 10, 2031.

DATES:

Effective on March 10, 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, ot-otrrculturalproperty@cbp.dhs.gov. For operational aspects, Christopher Mabelitini, Director, Intellectual Property Rights Policy & Programs, Trade Programs
Directorate, Office of Trade, (571) 296-1269, 1USGBranch@cbp.dhs.gov.

SUPPLEMENTARY INFORMATION:

I. 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 § 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 March 15, 2006, the United States and the Republic of Colombia (Colombia) entered into a Memorandum of Understanding entitled,
“Memorandum of Understanding Between the Government of the United States of America and the Government of the Republic of
Colombia Concerning the Imposition of Import Restrictions on Archaeological Material from the Pre-Columbian Cultures and Certain
Ecclesiastical Ethnological Material from the Colonial Period of Colombia” (the 2006 MOU). The 2006 MOU entered into force
upon signature on March 15, 2006, and reflects an agreement to impose import restrictions on certain categories of archaeological
material representing Colombia's pre-Columbian cultures and ranging in date from approximately 1500 B.C. to A.D. 1530, and
Colombian ecclesiastical ethnological material of the Colonial period ranging in date from approximately A.D. 1530 to 1830.
On March 17, 2006, CBP published CBP Decision (Dec.) 06-09 in the
Federal Register
(71 FR 13757), which amended 19 CFR 12.104g(a) to reflect the imposition of these restrictions, and included a list designating
the types of archaeological and ecclesiastical ethnological material covered by the restrictions.

The import restrictions have been extended three times. First, on March 15, 2011, CBP published CBP Dec. 11-06 in the
Federal Register
(76 FR 13879), which amended 19 CFR 12.104g(a) to reflect the extension of the import restrictions for an additional period
of five years. Second, on March 15, 2016, CBP published CBP Dec. 16-05 in the
Federal Register
(81 FR 13721), to extend the import restrictions for an additional five-year period.

On March 4, 2021, the United States and Colombia entered into a superseding agreement, “Agreement between the Government of
the United States of America and the Government of the Republic of Colombia Concerning the Imposition of Import Restrictions
on Categories of Archaeological and Ethnological Materials of the Republic of Colombia” (the 2021 Agreement). The 2021 Agreement
entered into force on March 10, 2021. On March 12, 2021, CBP published CBP Dec. 21-05 in the
Federal Register
(86 FR 13993), to further extend the import restrictions, pursuant to the signing of the 2021 Agreement. CBP Dec. 21-05 reflects
the extension of the import restrictions for an additional five-year period ending on March 10, 2026. See 19 CFR 12.104g(a); 86 FR 13993.

On August 7, 2025, the United States Department of State proposed in the
Federal Register
(90 FR 38195) to extend the 2021 Agreement. On December 2, 2025, after considering the views and recommendations of the Cultural
Property Advisory Committee, the Under Secretary for Public Diplomacy, United States Department of State, made the necessary
determinations to extend the 2021 Agreement for an additional five years. Pursuant to an exchange of diplomatic notes, the
United States and Colombia have agreed to extend the 2021 Agreement for an additional five-year period, through March 10,
2031.

Accordingly, CBP is amending 19 CFR 12.104g(a) to reflect the extension of the import restrictions. The restrictions on the
importation of categories of archaeological and ecclesiastical ethnological material of Colombia will continue in effect through
March 10, 2031. Importation of such material from Colombia 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 archaeological and ecclesiastical ethnological material from Colombia covered by these import restrictions
is set forth in CBP Dec. 06-09. 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 material for “Colombia.”

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 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 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
Delegation 07010.3, Revision 03.2, which delegates to CBP the authority to prescribe and approve regulations related to cultural
property import restrictions.

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

Regulatory Text 1. The general authority citation for part 12 and the specific authority citation for § 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;

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Sections 12.104 through 12.104i also issued under 19 U.S.C. 2612;

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1. In § 12.104g, amend the table in paragraph (a) by revising the entry for Colombia to read as follows:

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

(a) * * *

| State party | Cultural property | Decision No. |
| --- | --- | --- |
| | | |
|                                                       * | | |
| Colombia | Pre-Columbian archaeological material ranging approximately from 1500 B.C. to A.D. 1530 and ecclesiastical ethnological material
of the Colonial period ranging approximately from A.D. 1530 to 1830 | CBP Dec. 06-09, extended by CBP Dec. 26-05. |
| | | |
|                                                       * | | |

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Joseph N. Mazzara, Deputy Commissioner, U.S. Customs and Border Protection. [FR Doc. 2026-04786 Filed 3-10-26; 8:45 am] BILLING CODE 9111-14-P

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