The Ancient Coin Collectors Guild has issued the following press release about this case my firm filed on the ACCG's behalf. See http://www.prnewswire.com/news-releases/ancient-coin-collectors-seek-judicial-review-of-controversial-decisions-to-bar-coin-imports-84491507.html
The case seeks to test the validity of import restrictions on coins of Cypriot and Chinese type. The Defendants include US Customs and the US State Department. The Commissioner of Customs and the Assistant Secretary of State, Bureau of Educational and Cultural Affairs were also named as Defendants as a matter of administrative procedure.
In the Complaint, the ACCG asks the Court: (a) to declare that the decision to impose import restrictions on ancient coins of Cypriot type is arbitrary and capricious because, pursuant to applicable law, State failed to disclose to Congress a rational basis for the reason, or reasons, behind State’s decision to reject the advice of its own advisory committee and also in departing from prior agency practice; (b) to declare that the decisions to impose import restrictions on ancient coins of both Cypriot and Chinese type are also arbitrary and capricious because they are both contrary to law and the product of bias, prejudgment and ex parte contact; and (c) to declare that under the applicable statutes Customs must prove that the Cypriot or Chinese coins at issue were illicitly removed from Cypriot or Chinese find spots before they may be forfeited.
The Complaint also asks the coins ACCG imported for purposes of the test case be released due to Customs' unreasonable delays in filing a forfeiture action.
Jason Ehrenberg is attorney of record in the case. I plan to file a motion for pro hac vice admission to be granted the opportunity to assist in litigating the case as well.
Tuesday, February 16, 2010
Ancient Coin Collectors Seek Judicial Review of Controversial Decisions to Bar Coin Imports
Posted by Cultural Property Observer at 12:52 PM
Labels: ACCG, Bureau of Educational and Cultural Affairs, China MOU, Cyprus MOU, ECA, Import Restrictions, Nicholas Burns
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