Thursday, October 25, 2012
Fourth Circuit Affirms Dismissal of Test Case
The Court of Appeals for the Fourth Circuit has affirmed Judge Blake’s decision dismissing ACCG’s test case on Cypriot and Chinese import restrictions on coins. Although the Court conceded that the Guild’s arguments, “are not without a point,” the Court concluded any changes to how the State Department and US Customs administers the Convention on Cultural Property Implementation Act must emanate from Congress and the Executive Branch and not the Courts. Nonetheless, the Court of Appeals indicated that ACCG could still pursue various forfeiture defenses related to the seizure of the specific coins it imported. The ACCG is considering further appellate options afforded under the Court’s rules.