On January 21, 2020, the U.S. Cultural Property Advisory
Committee (“CPAC”) met to consider proposed MOU’s with Turkey and Tunisia. CPAC is currently constituted as
follows. (1) Stefan Passantino (Public); (2) Adele Chatfield-Taylor
(Public); (3) James Reap (Public); (4) Karol Wight (Museums); (5) Nancy C.
Wilkie (Archaeology); (6) Ricardo A. St. Hilaire (Archaeology); (7) Lothar Von
Falkenhausen (Archaeology); and (8) Anthony Wisniewski (Collector-Sale of
International Cultural Property).
Due to the large number of
speakers, the Chair indicated each speaker would only be allowed two (2)
minutes rather than the usual five (5) minutes.
Those speakers in favor of MOU’s with Turkey and/or Tunisia were as
follows: (1) Dr. Lynn Dodd; (2) Dr. Jane Evans; (3) Sam Hardy; (4); Dr. Christina
Luke; (5) Dr. Brian Rose; (6) Tess Davis; (7) Dr. Nathan Elkins; (8) Dr. Elizabeth
Greene; and (9) Katie Paul. Those
opposed to one or both MOU’s or their application to certain types of artifacts
were as follows: (1) Stephen Knerly; (2)
Elias Gerasoulis; (3) Carol Basri; (4) Kate FitzGibbon; (5) Douglas Mudd; (6)
Peter Tompa; and (7) Randolph Myers.
Chairman Passatino welcomed the
speakers. He indicated that the
Committee had read all the comments, particularly those of the speakers. Given the large number of speakers, Mr.
Passatino indicated that speakers would be limited to 2 minutes. After all the speakers were finished, he
would open up the floor to questions.
Dr. Lynn Dodd is an
archaeologist. She supports Turkey’s
MOU. She indicates Turkey has met all
the criteria to be granted a MOU.
Dr. Jane Evans indicates coins
are at risk from metal detectors. She
indicates excavation coins typically are local issues that do not circulate far
from where they are made so they should be restricted.
Sam Hardy starts his
presentation honoring an archaeologist who took his own life rather than taking
the blame for embezzlement. He indicates
trafficking is a real problem in Turkey.
He finds it odd that Turkey would not be granted a MOU because of
problems within the country because granting a MOU will encourage positive
forces in Turkey to clean up the country’s act.
Dr. Christina Luke works in
Turkey. She echoes her support of others
for a MOU with Turkey.
Dr. Brian Rose of the University
of Pennsylvania has seen looted sites.
Looting is a lucrative business that needs to be addressed. Turkey
allows US Archaeologists to work in the country, which promotes educational
exchange.
Tess Davis and her organization,
the Antiquities Coalition, supports the MOU with Turkey. She focuses her comments on the third
determination. She indicates there is a concerted international response of
market nations now that the EU has promulgated import controls on cultural
artifacts.
Stephen Knerly spoke for the
Association of Art Museum Directors. He
indicates that a MOU in this case would not be appropriate because the Turkish
government is involved in state sanctioned looting and destruction of Turkey’s
cultural patrimony.
Elias
Gerasoulis speaking for the American Hellenic Institute opposes any MOU with
Turkey. There is no rule of law in
Turkey under Erdogan. A number of
Byzantine era cathedrals have been turned from museums into mosques. Over 400 churches have been destroyed in
Cyprus. Erdogan has shown disdain for religious minorities and the material
remains of their culture.
Dr. Nathan
Elkins notes that prior MOUs have focused on coins that have circulated
locally, but is time to expand upcoming MOU’s to include Roman Republican,
Roman Imperial and Byzantine coins.
There are enough MOUs already where coins have been included that now is
the time to treat all coins like other objects that are found on different
designated lists.
Dr. Elizabeth
Greene supports the MOU. MOUs ensure
that objects of minority groups are preserved. From her work on shipwrecks,
Greene knows that even common artifacts like transport amphorae are important
to understanding the past.
Katie
Paul speaks for the Athar Project. She
shows images of artifacts from Tunisia and Turkey on sale on Facebook. She indicates some buyers are located in the
US. She also indicates that she is
Pontic Greek. She wants Greek artifacts
protected as evidence of the Greek Diaspora.
Carole
Basri contrasts her prior work for the State Department to more recent State
Department efforts to recognize the rights of authoritarian MENA governments to
the artifacts of displaced minority populations. At some risk to her personal safety, Ms.
Basri collected records of Jews in Iraq on December 11, 2003 for the State
Department. Some of these records were
later deposited in the US Holocaust Museum.
Carole Basri believes there needs to be a carve-out in any MOU for
religious artifacts of displaced Jews and other minority populations.
Kate
FitzGibbon speaks for the Committee for Cultural Policy and the Global Heritage
Alliance. It is essential that CPAC
adhere to the CPIA’s requirements.
Turkey has engaged in legalized theft of minority religious
artifacts. A book written by a US
diplomat discusses the artifacts available in the Grand Bazar for sale to
foreigners.
Doug
Mudd speaks for the American Numismatic Association. Import restrictions on coins have had a
negative impact on the ANA’s educational mission. An instructor at the Summer Seminar was
afraid to bring his coins from abroad because he was concerned they would be
seized. People can learn from ancient
coins which are amongst the most common ancient artifacts.
Peter
Tompa speaks for the International Association of Professional
Numismatists. Any MOU would recognize
the Erdogan Government’s rights to “claw back” cultural goods of “ethnically
cleansed” Greek, Armenian and Assyrian populations. Since 2007, a series of grossly over broad
import restrictions placed on common ancient coins of the sort widely collected
worldwide (including within most of the countries for which import restrictions
have been granted) have done quite a bit of damage to ancient coin collecting.
Their cumulative impact has been problematic because outside of some valuable
Greek coins, most coins simply lack the document trail necessary for legal
import under the “safe harbor” provisions of 19 U.S.C. § 2606. Another embargo, this time potentially
impacting a wide variety of Greek, Carthaginian, Roman Provincial, Roman and
Byzantine coins struck or sometimes found in Turkey and Tunisia, will bring
even more damage. As set forth in IAPN's submissions, there are many statutory
reasons why this should not happen. Moreover, CPAC also needs to consider
whether import restrictions on coins are really necessary, particularly because
it appears that both Turkey and Tunisia allow for the internal sale of ancient
coins.
Randolph
Myers is a coin collector. Coins struck
in large multiples lack cultural significance. CPAC should also consider
whether less drastic measures, like the institution of a Treasure Act or
Portable Antiquity Scheme, should be tried first. Finally, there is no evidence presented that
either Turkey or Tunisia are undertaking adequate self-help measures.
Questions:
Karol Wight asks if the AAMD polled its members about loans
from Turkey. Stephen Knerly indicates
that because the State Department has started using a standard Article II in
their MOU’s there is no reason to seek this information from members. He does note, however, that Turkey demands
high loan fees. It would be beneficial
to all concerned if Art II of MOU’s (which relate to requirements placed on the
foreign country) are written individually.
Anthony Wisniewski asks Kate FitzGibbon if restrictions
should be placed on coins. She indicates
it is important to look to the wording of the CPIA to ascertain whether
restrictions are appropriate. She then
defers to Peter Tompa. Peter Tompa
indicates restrictions should not be placed on coins, but if they are so placed
they must take care that they only apply to coins both first discovered within
a country and subject to its export control.
He notes that restrictions would be wholly inappropriate on Roman coins
which circulated from England to Sri Lanka and which are found in many more
countries than where there are MOUs on coins.
Dr. Nathan Elkins is allowed to comment.
He believes restrictions should come in as long as over 50% of coins are
found in a given place, but this should be further expanded to everywhere coins
are found.
Anthony Wisniewski asks Dr. Rose about the provenance of
coins found in the University of Pennsylvania Museum. Dr. Rose said that the Museum secured these
coins years ago under a system of partage.
Chairman Passatino
asks Elias Gerasoulis if his group could live with any MOU with conditions to
address concerns of the Greek community.
Mr. Gerasoulis indicates that his group is unalterably opposed to a MOU
because the Erdogan government cannot be trusted. He believes a MOU would make
the situation worse, not better. Moreover, this MOU raises questions not only
about Greek property, but other minority property as well. For example, how can we trust Turkey to
respect Jewish minority property, when Erdogan hosted the leader of Hamas, an
anti-Israel U.S. designated terrorist group, at the Presidential palace in
Turkey last month? This issue is not simply one of archeology. The
political context needs to be looked at and understood.
