On July 31, 2018, the U.S. Cultural Property Advisory
Committee (CPAC) held a “virtual” meeting where all speakers were linked via an
internet based video platform. According
to my notes, at least the following CPAC members were in attendance at the
State Department: (1) Karol Wight
(Museum); (2) Lothar von Falkenhausen (Archeology); (3) Nancy Wilkie
(Archaeology); (4) Rosemary Joyce (Archaeology); (5) Dorit Straus (Trade); (6)
Adele Chatfield-Taylor (Public); and (7) Jeremy Sabloff (Public-Chair). Jim Willis (Trade) attended via
videoconferencing.
Cari Enav, who runs the Cultural Heritage Center, made
introductions. Andrew Cohen, who is the
executive director for CPAC, provided the speakers with information about the 4
determinations CPAC was required to make before recommending a MOU or an
extension. Dr. Sabloff indicated
speakers should take these requirements into account in their presentations. He
then introduced the CPAC members before calling speakers for the Algerian MOU.
Algerian MOU
There were six (6) speakers:
(1) Kate FitzGibbon (Committee for Cultural Policy (CCP) and Global
Heritage Alliance (GHA); (2) Peter Tompa (International Association of
Professional Numismatists (IAPN)/Professional Numismatist’s Guild (PNG); (3) Gina
Bublil-Waldman (Jews Indigenous to the Middle East and Africa (JIMENA); and (4)
Carole Basri (Fordham Law School).
Kate FitzGibbon- CPAC initially only recommended MOUs on a
narrow range of artifacts from a limited number of poor countries. Today, MOUs close off entire areas from
collecting. Even worse, the State
Department has recognized the claims of nation states to property that has been
expropriated from fleeing Jews and Christians.
Ms. FitzGibbon acknowledges that recent Libyan import restrictions have
been rewritten to remove references to Jewish items, but states that most, if
not all, would still be restricted under more general coverage for Ottoman
items. The only way to ensure that
artifacts of repressed minorities will not be subject to seizure is with a
specific exclusion. The problem can also
be avoided if the State Department adheres to the definition of ethnological
objects in the Cultural Property Implementation Act. Algerian Jewish artifacts are not the
products of preindustrial or tribal cultures and should be beyond the scope of coverage
under the CPIA.
Peter Tompa- This is yet another troubling request from an
authoritarian North African government which is all the more problematic
because Algeria seeks recognition of its rights to objects associated with its
displaced Christian and Jewish populations.
This issue potentially impacts unprovenanced coins now in French
collections. (Algeria’s French “Pied
Noir” and Jewish populations mainly fled to France after Algeria gained its
independence.) There is a real question
whether Algeria’s patrimony is in jeopardy as no information has been provided
whether coins are being found with metal detectors. If they are, they need to be regulated as a
less drastic remedy than import restrictions.
The UK Treasure Act and Portable Antiquities Scheme is IAPN/PNG’s
preferred model for regulation. If
restrictions are recommended for coins, such restrictions must be limited to
those “first discovered within” and hence “subject to export control” of
Algeria. Here, while there is some room
for debate as to whether “local currency” issued at Cirta, Icosium (Algiers),
Hippo Regius and Iol-Caesaria is exclusively found within the confines of
modern day Algeria, coins of the Numidian and Mauritanian kingdoms, and the Carthaginian,
Roman, Byzantine and Islamic Empires circulated well beyond the boundaries of
modern day Algeria. One cannot simply
assume such coins were actually found in Algeria and hence are subject to
Algerian export controls.
Gina Bubill-Waldman- Ms. Waldman was driven from her home in
Libya as a child. She believes that
these MOUs are a cynical tactic created to deny North African and Middle
Eastern Jews patrimony and assets which were stolen from Jewish people when
they were brutally expelled. The Libyan MOU has set a very dangerous and unjust
precedent for countries who erase Jewish heritage by claiming it as their own,
when Jews, the people who actually created it, have been hunted and expelled.
Because these MOUs were passed without specifically excluding Jewish items,
Jewish patrimony can now become the patrimony of the same governments which
have destroyed, looted and harassed their now extinct Jewish communities.
CPAC is charged with the important job of protecting patrimony of antiquities.
But by passing this type of MOU, CPAC would in fact be endorsing the opposite
of what its mission tries to achieve: preservation of historical property by
its proper owners. This MOU seeks to make the American government unwittingly
collude with the thieves who stole, destroyed and defaced the Jewish-Algerian
patrimony in the first place.
Not a single one of the Middle Eastern and North African countries from Morocco to Yemen, from Iraq to Egypt has earned the right to call thousands year old Jewish patrimony their own. Not after expelling their Jewish population, confiscating what was rightfully Jewish property, desecrating, looting, destroying synagogues and purposefully building skyscrapers on top the cemetery where Ms. Waldman’s grandparents are buried, like in Tripoli, Libya.
Not a single one of the Middle Eastern and North African countries from Morocco to Yemen, from Iraq to Egypt has earned the right to call thousands year old Jewish patrimony their own. Not after expelling their Jewish population, confiscating what was rightfully Jewish property, desecrating, looting, destroying synagogues and purposefully building skyscrapers on top the cemetery where Ms. Waldman’s grandparents are buried, like in Tripoli, Libya.
Carole Basri- Ms. Basri is of Iraqi-Jewish heritage. She authored a law review article about the
harsh treatment of Iraqi Jews. The
property of Jews living in MENA countries was expropriated under color of
law. Such laws are against our own
scruples as well as the UN Declaration on Human Rights. There were originally 1 million Jews in Arab
countries. Jewish artifacts do not fit
the definition of ethnological objects under the CPIA and should not be subject
to detention and seizure. Jewish people were city dwellers and the cities where
they lived were neither pre-Industrial nor tribal in nature. The U.S. Government should not work with
governments that have forcibly removed their Christians and Jews.
Cari Enav interjects that new Libyan restrictions do not
mention Jewish property so such property should be excluded from any import
restrictions. Kate FitzGibbon states
that Jewish property is still included in the Libyan MOU because most Jewish
property cannot be distinguished with what is otherwise described as Ottoman in
the import restrictions. That is why an
explicit exemption is required. All this
could be avoided if the State Department followed the CPIA strictly and did not
consider Jewish artifacts to be ethnological in nature.
Honduran Renewal
There were three (3) speakers: (1) Rocco Debitetto (Association of Art
Museum Directors (AAMD)); (2) Kate FitzGibbon (CCP and GHA); and (3) Peter
Tompa (IAPN and PNG).
Rocco Debitetto- AAMD
supports the renewal with reservations.
Honduras needs to be held to account in Article II. There needs to be long term loans. The designated list is too broad and needs to
be reformed to ensure that only archaeological and ethnological material as
defined in the CPIA are covered.
Kate FitzGibbon- CCP and GHA oppose renewal of the MOU. Honduras has been given blanket restrictions
for 15 years. It has not used this time
productively. Most of the budget for
cultural heritage preservation stays in the capital rather than being used to
protect sites on a local level. The US
House of Representatives has asked for an accounting of self-help measures as
part of its authorization of funds. Too
much archaeologically sensitive land is being illegally used for cattle farms
with nothing being done about it. No
more than $600-$700 is spent on sites per year.
There is little or no market for Honduran artifacts in the US.
Peter Tompa- This MOU renewal raises the same issues for
coin collectors as the recent Ecuadorian request. Honduran historical coins cannot be
considered either archaeological or ethnological objects. They were produced in
industrial processes not consistent with them being ethnological objects. Such coins circulated along with other
Spanish Colonial coins throughout the Americas and beyond including the United
States. They should not be subject to
restrictions.
Karol Wight asks about AAMD’s recommendations. Mr. Debitetto indicates a major one is one
point of contact for loans.
Jim Willis asks Kate FitzGibbon about illegal exports from
Honduras. Ms. FitzGibbon states it is difficult to answer that question because
there is a lack of information.
Bulgarian Renewal
There were three (3) speakers: (1) Kate FitzGibbon (CCP and GHA); (2) Josh
Knerley (AAMD); and (3) Peter Tompa (IAPN and PNG).
Kate FitzGibbon- The Bulgarian designated list is
all-inclusive and needs to be reformed to comply with the CPIA. It includes many repetitive items that are
not of cultural significance like coins, necklaces and beads. Bulgaria has sorely neglected its
archaeological sites. Substantial EU
funds have been wasted in archaeologically unsound rebuilding projects. Very few Bulgarian artifacts aside from coins
are of interest to collectors. Coins are
mass produced and not of cultural significance under the CPIA. Bulgaria has not satisfied Article II of the
MOU’s requirement that export permits be issued. There is a lack of rigorous police
enforcement.
Josh Knerly- There is a major problem with the designated
list. The designated list can only
restrict items authorized under the MOU.
Here, the MOU only authorizes restrictions on ecclesiastical objects
from 681 AD forward, but the designated list restricts ecclesiastical items
dating from the 4th Century AD.
This highlights much greater problems in how designated lists are
prepared.
Peter Tompa- Tompa produces a ruler to make a point. A ruler goes from one inch to 12 inches. We can all agree that some things like murder
would be “12” on a scale. But what about
looting? Many people would consider it a
“1” on a scale, akin to a traffic violation.
That certainly is the case in Bulgaria where there are large numbers of
treasure hunters and where the authorities themselves have been involved in
looting. Given this reality, it makes no
sense to continue the MOU which only denies American coin collectors access to
the same sorts of coins available elsewhere including Bulgaria itself. If CPAC nonetheless approves a renewal, it
should reform the designated list to limit restrictions on coins. Moreover, CPAC should recognize that EU
countries like Bulgaria are bound by EU export controls. CPAC should recognize legal exports from EU
countries of coins on the Bulgarian designated list.
