# Specific items or categories designated by agreements or emergency actions.
**AGENCY:**
U.S. Customs and Border Protection, Department of Homeland Security.
**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, *[email protected].* For operational aspects, Christopher Mabelitini, Director, Intellectual Property Rights Policy & Programs, Trade Programs Directorate, Office of Trade, (571) 296-1269, *[email protected].*
**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**
**19 CFR Part 12**
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;
Sections 12.104 through 12.104i also issued under 19 U.S.C. 2612;
**19 CFR Part 12**
2. In § 12.104g, amend the table in paragraph (a) by revising the entry for Colombia to read as follows:
§ 12.104g
(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. |
| | | |
| * * * * * * * | | |
Joseph N. Mazzara,
Deputy Commissioner, U.S. Customs and Border Protection.