At the VMFA, Treasures of Ancient Egypt: Sunken Cities

The Virginia Museum of Fine Arts presents Treasures of Ancient Egypt: Sunken Cities. The exhibition showcases treasures recovered from two powerful ancient Egyptian cities that sank into the Mediterranean more than a thousand years ago. Destroyed by natural catastrophes in the 8th century AD, Thonis-Heracleion and Canopus were once mighty centers of trade, where Egyptian and Greek cultures merged in art, worship, and everyday life.  In addition to objects recovered through underwater archaeology, the exhibit also includes some show stoppers from the Egyptian museum.  It is well worth a visit!  Social distancing is relatively easy because the pandemic has unfortunately kept many visitors away.  The exhibit continues through January 18th.  For more, visit  the VMFA's website.  

Summary of Oct. 27, 2020 CPAC Meeting to Accept Public Comments on Proposed MOU with Nigeria and Proposed Renewals with Bolivia and Greece

 On October 27, 2020, the US Cultural Property Advisory Committee (“CPAC”) met to consider a proposed MOU with Nigeria and proposed renewals with Bolivia and Greece. The following members were present:  (1) Stefan Passantino (Chairman- Public); (2) Steven Bledsoe (Public); (3) Karol Wight (Museums); (4) J.D. Demming (Public); (5) Ricardo St. Hilaire (Archaeology); (6) Joan Connelly (Archaeology) and (7) Anthony Wisniewski (Collector-Sale of International Cultural Property).  Allison Davis, CPAC’s State Department Executive Director, and Catherine Foster, a Cultural Heritage Center staffer, were also present.

In advance of this meeting, there was a major shake-up on CPAC.  The following Obama appointees were removed or resigned:  (1) Adele Chatfield-Taylor (Public); (2) James Reep (Public); and (3) Lothar Von Falkenhausen (Archaeology).  At the last CPAC public session to discuss a renewal the MOU with Italy, von Falkenhausen told ancient coin collectors (who were represented at the meeting) that he believed that they should take up another hobby.  It is unclear if this comment had anything to do with his departure.  President Trump appointed Messrs. Bledsoe and Demming to replace Ms. Chatfield-Taylor and Mr. Reep.  One archaeological slot remains unfilled.

Chairman Passantino welcomed the speakers.  He indicated that the Committee had read all the comments, and that given the large number of speakers, each would only be allowed 3 minutes to focus on points most important to them.  Chairman Passantino called on speakers who had put in papers on Nigeria first, then speakers who had written about Bolivia, and finally Greece.  There was some overlap because some speakers put in papers on more than one topic.  He deferred questions to the end to be assured everyone who registered to speak would be heard.

The following individuals provided public comments:  (1) Tess Davis (Antiquities Coalition); (2) Brian Daniels (Archaeological Institute of America); (3) Kathleen Bickford (Northwestern University); (4) Leslye Amede Obiora (Institute for Research on African Women, Children and Culture); (5) Kate FitzGibbon (Committee for Cultural Policy); (6) Donna Yates (Maastricht University); (7) Maria Bruno (Dickinson College); (8) Kris Lane (Tulane University); (9) Daniel Sedwick (International Association of Professional Numismatists); (10) Peter Tompa (Global Heritage Alliance); (11)  Christos Tsirogiannis (University of Aarhus, Denmark); (12) Kim Shelton (Berkley); (13) Nathan Elkins (Baylor University); (14) Ute Wartenberg-Kagan (Columbia University); (15) Morag Kersel (DePaul University); (16) Dmitry Narkesis (Columbia University); (17) Rocco Dibenedetto (Hahn Loeser- Association of Art Museum Directors); (18) Douglas Mudd (American Numismatic Association); and (19) Randolph Myers (Ancient Coin Collectors Guild).

Tess Davis (TD) indicates that the Antiquities Coalition works with partners in the art market, the U.S. Government and Foreign Governments.  She believes import restrictions help protect the legitimate market.  She denies that import restrictions act as embargoes because they allow listed material into the country that has been documented as being outside the country for which restrictions were provided before those restrictions went into place.  She also believes that U.S. customs should not accept export certificates from other EU governments where objects have been listed for specific EU countries like Greece.  She notes certain EU countries do require export permits within the EU despite the general free circulation of goods within the EU.

The Antiquities Coalition’s written comments can be found here:

https://www.regulations.gov/document?D=DOS-2020-0036-0077 (Bolivia)

https://www.regulations.gov/document?D=DOS-2020-0036-0080 (Greece)

https://www.regulations.gov/document?D=DOS-2020-0036-0076 (Nigeria)

Brian Daniels (BD) focuses on the Fourth Determination under the Cultural Property Implementation Act (“CPIA”), regarding the international exchange of cultural patrimony.  He notes that Nigeria has sent several exhibits to the United States.  Most recently, the Block Museum of Art at Northwestern University (Greater Chicago) hosted the 2019 exhibition, Caravans of Gold, Fragments in Time: Art, Culture, and Exchange across Medieval Saharan Africa, which displayed the scope of Saharan trade and the shared history of West Africa, the Middle East, North Africa, and Europe from the eighth to sixteenth centuries. This exhibition involved significant loans from Nigeria. It was slated to travel to the National Museum of African Art, Smithsonian Institution (Washington, D.C.) in 2020, but its opening has been postponed due to COVID-19.  He indicates that both Bolivia and Greece have been similarly generous in sending exhibitions to the United States.

The Archaeological Institute of America’s written comments can be found here:

https://www.regulations.gov/document?D=DOS-2020-0036-0083

Kathleen Bickford (KB) discusses her role as curator for the Caravans of Gold exhibit for the Block Museum of Art at Northwestern University.  She states Nigeria's request meets all criteria for determinations in favor of cultural property protections. Important cultural patrimony, ranging from fragments to complete objects, continue to emerge from archaeological sites within the country, while objects of more recent date remain within communities and at royal courts, as well as in homes, shrines, and storehouses. These objects are under severe threat from pillage and theft. Despite efforts to curtail the international market for archaeological and traditional objects from Nigeria, including tighter requirements on provenance among North American museums and accelerating debates about the restitution of African objects from the colonial period, there continues to be a high demand in the international art market for cultural heritage objects from Nigeria.  She also indicates there are many fakes on the market.  Finally, she notes that there is much violence in Nigeria and that cultural heritage is a unifying force.

KB’s written comments can be found here:

https://www.regulations.gov/document?D=DOS-2020-0036-0046

 Leslye Amede Obiora (LAO) has been a Professor of Law in the United States since 1992.  She previously served as the Minister of Mines and Steel Development for the Federal Republic of Nigeria.  She states cultural heritage issues are human rights issues. LAO indicates there is a cabal of powerful people involved in looting in Nigeria. She believes a MOU will help bolster civil society, and she wonders why it has taken so long for the United States to offer one to Nigeria.

Kate FitzGibbon (KFG) indicates that the Committee for Cultural Policy and Global Heritage Alliance applaud efforts to help Nigeria address looting, but question whether sufficient evidence has been submitted to support entering into a MOU.  There are many Nigerian materials on the market and in private and museum collections, but the vast majority of these materials left Nigeria decades ago.  Most of this material was removed during the colonial era.  Material produced after 1945 is considered touristic in nature.  There is little in the record about Nigerian self-help measures.  KG is concerned that this request is about closing the barn door after the horses have already left.

The CCP’s and GHA’s written comments on the Nigerian MOU may be found here: https://culturalpropertynews.org/nigeria-support-cultural-expansion-not-art-blockade/

The CCP’s written comments about the Greek MOU can be found here:

https://beta.regulations.gov/comment/DOS-2020-0036-0075

Donna Yates (DY) indicates that she has tracked illicit Colonial and Republican era Bolivian artifacts. She indicates that while there appears to be less thefts from churches now, it takes years for this material to surface on the market. DY also indicates there is absolutely no social, educational, or scientific benefit to allowing a market for illegally obtained Bolivian cultural objects to exist in the United States. The destruction of the original contexts of these objects in the looting process annihilates our ability to conduct any meaningful archaeological analysis on them. The violent removal of sacred art from churches tears the very fabric that has held small and indigenous communities together for centuries, reducing cultural diversity and survival.

DY’s written comments can be found here: 

https://www.regulations.gov/document?D=DOS-2020-0036-0010

Maria Bruno (MB) states that Bolivian patrimony remains in jeopardy from pillage through the illicit excavation of archaeological sites with the purpose of selling desired objects. Bolivian governmental and volunteer organizations work tirelessly to protect archaeological sites from destruction and to educate the public on the value of preserving their ancient past.  Local communities also work together to protect their local patrimony from destruction as the revenue generated from tourism to the site provides jobs and contributes to the local pride.

MB’s written comments can be found here: 

https://www.regulations.gov/document?D=DOS-2020-0036-0068

Kris Lane (KL) shares the archaeologists’ concerns about looting, but thinks coins should be treated differently than other objects, like historic records.  While archives should not be removed from their place of origin, items like coins were not state property and were intended to circulate far from where they were made.  This is certainly the case for coins struck in Bolivia.  The Bolivian gold escudo and silver peso were international currencies.  They were even legal tender in the United States before the Civil War. 

Dan Sedwick (DS) indicates that IAPN supports Bolivian efforts to restore the Potosi mint.  DS provides some history.  Bolivian coins are very common.  DS has always had some in inventory.  Minting in Bolivia begins with hand-struck silver coins in 1573-4 under Spanish dominion and continues through early Republic times starting in 1825 to present day. Throughout these four-and-a-half centuries of minting, most of the coins were the property of rich men back in Spain, not the people of Bolivia, and these coins traveled far from the current boundaries of Bolivia, in fact to all the continents of the earth except Antarctica. DS also notes that IAPN’s submission shows that current Bolivian laws do not explicitly treat coins as cultural heritage.  As for Greece, DS states this renewal should not be an excuse to expand current import restrictions to trade coins that circulated around the ancient world.

The International Association of Professional Numismatists’ and the Professional Numismatists Guild’s written comments can be found here:

https://www.regulations.gov/document?D=DOS-2020-0036-0067 (Bolivia)

https://www.regulations.gov/document?D=DOS-2020-0036-0024 (Greece)

Peter Tompa (PT) discusses both the Greek and Bolivian MOUs.  First, as to the proposed renewal of the Greek MOU, he states that this renewal is no excuse to expand current import restrictions.  Those restrictions purport to only apply to coin types that circulated locally in Greece in order to comply with the statutory requirements found in 19 U.S.C. § 2601.  That provision requires that such coins were “first discovered within” and are therefore subject to Greek export controls.  Under no circumstances should CPAC recommend expanding those restrictions to widely circulating trade coins which can be found most anywhere.  Second, CPAC should recognize the obvious ramifications of Greece’s membership in the European Union (“E.U.”). Coins on the current designated list may be traded outside the E.U. with or without an export license according to the local law of Greece’s sister E.U. members. CPAC, the State Department and U.S. Customs and Border Protection (“CBP”) should honor these E.U. export controls, which, after all, are also binding on Greece as an E.U. member.  Finally, he urges that archaeologists be asked to do their own part too.  CPAC should ensure archaeological missions pay diggers a fair living wage and that they be required to file site security plans which take advantage of modern electronic surveillance technology.  

PT’s full oral statement can be found here:  http://culturalpropertyobserver.blogspot.com/2020/10/this-is-no-time-to-expand-restrictions.html

GHA’s written comments on the Greek MOU can be found here:

https://beta.regulations.gov/comment/DOS-2020-0036-0012

GHA’s and CCP’s written comments on the Bolivian MOU can be found here:

https://beta.regulations.gov/comment/DOS-2020-0036-0011

Christos Tsirogiannis (CT) has worked with law enforcement, including the DA in New York City and U.S. Homeland Security, to repatriate artifacts to Greece and other countries.  He is also working on a way to detect looted antiquities using new technology.  Recently, Greek police broke up a antiquities smuggling operation in Patras, Greece, that had coins and other artifacts. 

CT’s written comments can be found here:

 https://beta.regulations.gov/comment/DOS-2020-0036-0088

Kim Shelton (KS) excavates at Nemea.  She has spent sleepless nights in fear of looters.  Economic austerity has made the problem worse.  Coin evidence is important to her work.

Nathan Elkins (NE) supports restrictions on all ancient coins that circulated in quantity in Greece, including trade coins like Athenian Tetradrachms, which currently are not restricted. Looting results in the loss of important contextual information.  Coins can be important dating tools.  They helped date the ruins of an ancient Synagogue he helped excavate in Israel.

NE’s written comments can be found here:

https://beta.regulations.gov/comment/DOS-2020-0036-0028

Ute Wartenberg-Kagan (UWK) supports restrictions on all ancient coins that circulated in quantity in Greece.  Coins are among the most frequently looted items. Once taken out of their archaeological context, some of the historical and economic meaning is often lost. Sadly, numismatists are used to working with coins that have no archaeological context, and the fact that there is a finite number of coins in the ground makes their protection all the more important. Unfortunately, the trend is going very much in the wrong direction, and here modern technology enables looting on a scale that has not been seen before. Ever more sophisticated and cheaper metal detectors allow more people to dig up coins. Online sales via eBay, vcoins, Amazon, or in Facebook groups, allow the sale of staggering numbers of coins. On any given day, over 100,000 ancient coins and coin lots are for sale on eBay. MOUs should be considered friends of collectors because they help keep looted material off the market.

UWK’s written comments can be found here:

https://beta.regulations.gov/comment/DOS-2020-0036-0078

Morag Kersel (MK) says she was interviewing a collector who had a Cyclodelic figurine which the collector said was worth $1 million.  He indicated now that ancient art is an investment.  MK indicates that the high prices for ancient art helps stimulate looting.

Dmitry Narkesis (DN) has witnessed looting at archaeological digs.  Looting is real problem that impacts archaeology.  It takes a lot of time and effort to try to fight it.

Rocco Dibenedetto (RD) states that the AAMD does not oppose the Greek MOU, but Greece should be held to account for its obligations under Art. II of the current agreement.  One of those undertakings is to facilitate loans of materials to U.S. museums.  Despite Greece’s promises to do so, that has not happened.  The designated list should also be scrutinized to ensure that it only covers archaeological objects over 250 years old. 

The AAMD’s written comments can be found here:

https://beta.regulations.gov/comment/DOS-2020-0036-0072

Douglas Mudd (DM) states that current import restrictions have hurt the ANA’s educational mission because foreign scholars have been unwilling to bring their collections to the United States for fear of them being seized by U.S. customs.  Despite import restrictions being renewed over and again, looting remains a problem which suggests they are not working.  DM states that a new paradigm needs to be considered given their failure, one based on Britain’s Portable Antiquities Scheme, which encourages people to report finds with the prospect of a cash award for any coins kept by the government.  While expense is an issue, perhaps aid from wealthy countries can help get these programs going.

The ANA’s written comments can be found here:

https://beta.regulations.gov/comment/DOS-2020-0036-0023

Randolph Myers (RM) states there can be no dispute ancient coins circulated in great numbers far from where they were found.  This is detailed in a report appended to the ACCG’s written comments.  This is significant because as recognized by a U.S. District Court import restrictions are only appropriate on archaeological objects both first discovered within and subject to the export control of a specific country. 

The ACCG’s written comments can be found here:

https://beta.regulations.gov/comment/DOS-2020-0036-0003

Question and Answer Period

Karol Wight asks LAO about the situation in Nigeria.  LAO states Nigeria is under siege, but that is no reason not to enter into a MOU on its behalf.  She again suggests a MOU is a human rights issue.

Anthony Wisniewski asks TD and DY if they receive foreign government money.  (The State Department recently issued a directive calling for the disclosure of such information.  See https://www.politico.com/news/2020/10/13/trump-think-tanks-foreign-funding-429209)  TD states that the Antiquities Coalition does not receive such funding.  DY indicates she receives such funding from the European Union.  (She currently holds a €1.5 million European Research Council grant to study the illicit trafficking of cultural objects.)

Anthony Wisniewski asks UWK if it is unremarkable that Roman or Byzantine coins from the Thessalonica mint can be found in large numbers in today’s Turkey and Albania.  She agrees with this statement.  

Joan Connelly asks KS about what coins have been found at Nemea.  KS indicates that coins from many different Greek cities have been found there probably because it was the center for sacred games.  They also find many different coins at a Christian sanctuary on the site.

Karol Wight asks KB if she has had any other interaction with Nigerian scholars outside her work on exhibits.  KB says all her work has been on exhibits. 

J.D. Demming asks DM to elaborate on his ideas to disincentivize looting. DM states that the U.K.’s Portable Antiquities Scheme incentivizes people to report their finds.  Perhaps there can be a global antiquities scheme with funding from richer countries.

Ricardo St. Hilaire asks LAO about whether she saw any parallels between looting and illegal mining.  LAO says Nigeria recognized that it takes a thief to catch a thief so it invested resources to help illicit miners become clean.  She refers to DM’s statements about PAS and says there may be parallels.

This is no Time to Expand Restrictions; It is time to Facilitate Lawful Trade and Encourage Archaeologists to do Their Part

This is what I said more or less at today's CPAC hearing.  I hope to summarize the public session to discuss a proposed MOU with Nigeria and proposed renewals with Greece and Bolivia shortly.

Thank you for this opportunity to speak to you on behalf of the Global Heritage Alliance.  I also drafted comments on behalf of IAPN and PNG, so feel free to refer any detailed questions about those papers to me.

First, as to the proposed renewal of the Greek MOU, we would echo IAPN’s and PNG’s concerns that this renewal is no excuse to expand current import restrictions.  Those restrictions purport to only apply to coin types that circulated locally in Greece in order to comply with the statutory requirements found in 19 U.S.C. § 2601.  That provision requires that such coins were “first discovered within” and are therefore subject to Greek export controls.  Under no circumstances should CPAC recommend expanding those restrictions to widely circulating trade coins which can be found most anywhere.  Those coins can be found in many countries, including ones with no MOU with the U.S.

CPAC already considered the issue in 2010, and rejected the proponent’s request to expand current restrictions further when the MOU was renewed in 2016.  There is simply no reason to revisit this decision, particularly when much of the coin trade is already being badly hurt by Covid related shut downs of coin shows.  Indeed to do so would not only be contrary to the statutory requirements, but the words of Greece’s Ambassador who back in 2010 stated that Greece’s request only concerned “antiquities that have been found exclusively on Greek territory.”

 Second, CPAC should also promote the lawful exchange of cultural artifacts. In particular, CPAC should recognize the obvious ramifications of Greece’s membership in the European Union (“E.U.”). Coins on the current designated list may be traded outside the E.U. with or without an export license according to the local law of Greece’s sister E.U. members. CPAC, the State Department and U.S. Customs and Border Protection (“CBP”) should honor these E.U. export controls, which, after all, are also binding on Greece as an E.U. member.

 Finally, with regard to both Greece and Bolivia, we would urge that archaeologists be asked to do their own part too.  CPAC should amend MOU Art. II to ensure archaeological missions pay diggers a fair living wage and that they be required to file site security plans which take advantage of modern electronic surveillance technology.  Both steps can be seen as “self-help measures” or “less drastic remedies” than import restrictions under 19 U.S.C. § 2602 (1) (B) and (C) (ii).

 Thank you.

Trump Administration Finally Tilts CPAC Away from Archaeology Over All Perspective

 Very late in his first (and if polls are to be believed perhaps his only) term, President Trump has finally tilted CPAC away from an archaeology over all perspective. Before he left office,  President Obama loaded up CPAC with archaeological supporters in slots supposedly representing the interests of the the public, museums, and even the trade.  Now, slots for the public and trade  have been filled with Trump supporters who appear to come from business friendly backgrounds.  Coincidentally or not, three (3) Obama appointees who recently either resigned or were removed left CPAC around the same time a coalition of ten (10) advocacy and trade groups wrote the State Department to express serious concerns about the extremist views found on CPAC.  That letter provided as an example the statement of one of those individuals, now departed from CPAC, who told coin collectors testifying before CPAC that as far as he was concerned, they should take up another hobby.  These became his "famous last words." 

Slim Public Support for Renewal of MOU with Italy; Significant Opposition to Restrictions on Coins

 A review of the comments posted on regulations.gov website with regards to a proposed renewal of the Italian MOU confirms slim public support for a renewal with Italy and significant public concerns expressed about current import restrictions on coins as well as any effort to extend those restrictions to late Roman Republican and Roman imperial coins.

Although 500 comments are listed on the regulations.gov website, only 456 are visible. Of these, only 13 letters were in support of the MOU  with Italy (primarily from scholars), and 439 were either against the MOU or against import restrictions on coins.  The few other comments related to the proposed MOU renewal with Colombia. 

Calling all Collectors Again- Please Comment on Proposed Renewal of MOU with Greece

The State Department has announced a proposed renewal of a Memorandum of Understanding Concerning the Imposition of Import Restrictions on Categories of Archaeological and Byzantine Ecclesiastical Ethnological Material through the 15th Century A.D. of the Hellenic Republic.  That MOU first authorized import restrictions on Greek cultural artifacts in 2011.  It has been renewed once in 2016 without further changes.  The initial MOU authorized import restrictions on certain ancient Greek coins.  We hope to preclude any further expansion of those restrictions and advocate for acceptance of legal exports from fellow EU countries to be treated like a legal export from Greece.

 Further information about the October 27, 2020 Cultural Property Advisory Committee (CPAC) meeting and how to comment before the October 13, 2020  deadline can be found here:  https://www.federalregister.gov/documents/2020/08/20/2020-18262/cultural-property-advisory-committee-notice-of-meeting  You should also be able to comment directly from this link (click on green “submit a formal comment” button in upper right hand corner).  

A.  Background for Coin Collectors

There are large numbers of coin collectors and numismatic firms in the US.  Very few collectors do so to “invest.”  Most collect out of love of history, as an expression of their own cultural identity, or out of interest in other cultures.  All firms that specialize in ancient coins in the US are small businesses. Private collectors and dealers support much academic research into coins.  For example, an American collector collaborated with academics to produce an extensive study of Seleucid coins. A further clamp down on collecting will inevitably lead to less scholarship.

While what became the Cultural Property Implementation Act (CPIA) was being negotiated, one of the State Department’s top lawyers assured Congress that “it would be hard to imagine a case” where coins would be restricted.   In 2007, however, the State Department imposed import restrictions on Cypriot coins, against CPAC’s recommendations, and then misled the public and Congress about it in official government reports.  What also should be troubling is that the decision maker, Assistant Secretary Dina Powell, did so AFTER she had accepted a job with Goldman Sachs where she was recruited by and worked for the spouse of the founder of the Antiquities Coalition, an archaeological advocacy group that has lobbied extensively for import restrictions.  Since that time, additional import restrictions have been imposed on coins from Algeria, Bulgaria, China, Egypt, Greece, Iraq, Italy, Jordan, Libya, Syria and Yemen. 

The current restrictions encompass coins the State Department evidently believes can only be found in Greece.   U.S. Customs and the State Department describe these coin types as follows: 

Coins—Many of the mints of the
listed coins can be found in B.V. Head,
Historia Numorum: A Manual of Greek
Numismatics (London, 1911) and C.M.
Kraay, Archaic and Classical Greek
Coins (London, 1976). Many of the
Roman provincial mints in Greece are
listed in A. Burnett et al., Roman
Provincial Coinage I: From the Death of
Caesar to the Death of Vitellius (44 BC–
AD 69) (London, 1992) and id., Roman
Provincial Coinage II: From Vespasian
to Domitian (AD 69–96) (London, 1999). 

a. Greek Bronze Coins—Struck by
city-states, leagues, and kingdoms that
operated in territory of the modern
Greek state (including the ancient
territories of the Peloponnese, Central
Greece, Thessaly, Epirus, Crete and
those parts of the territories of ancient
Macedonia, Thrace and the Aegean
islands that lay within the boundaries of
the modern Greek state). Approximate
date: 5th century B.C. to late 1st century
B.C.

b. Greek Silver Coins—This category
includes the small denomination coins
of the city-states of Aegina, Athens, and
Corinth, and the Kingdom of Macedonia
under Philip II and Alexander the Great.
Such coins weigh less than
approximately 10 grams and are known
as obols, diobols, triobols,
hemidrachms, and drachms. Also
included are all denominations of coins
struck by the other city-states, leagues,
and kingdoms that operated in the
territory of the modern Greek state
(including the ancient territories of the
Peloponnese, Central Greece, Thessaly,
Epirus, Crete, and those parts of the
territories of ancient Macedonia, Thrace
and the Aegean islands that lie within
the boundaries of the modern Greek
state). Approximate date: 6th century
B.C. to late 1st century B.C.

c. Roman Coins Struck in Greece—In
silver and bronze, struck at Roman and
Roman provincial mints that operated in
the territory of the modern Greek state
(including the ancient territories of the
Peloponnese, Central Greece, Thessaly,
Epirus, Crete, and those parts of the
territories of ancient Macedonia, Thrace
and the Aegean islands that lie within
the boundaries of the modern Greek
state). Approximate date: late 2nd
century B.C. to 3rd century A.D.

Under current Customs procedures, the above types can only be imported into the United States with: (a) an export certificate issued by Greece (which is virtually impossible to procure);   (b) “satisfactory evidence” demonstrating that the coins were exported from or were outside of Greece at least 10 years prior to importation into the U.S.; or (c) “satisfactory evidence” demonstrating that the coins were exported from or were outside of Greece before restrictions were announced on December 2, 2011.  What constitutes “satisfactory evidence” is ultimately left to the discretion of Customs, but usually takes the form of a declaration by the importer and a statement by the consigner. 

The current restrictions do not extend to Greek trade coins—like Athenian Tetradrachms and Corinthian Staters that are extremely popular with collectors. However, we cannot afford to take this for granted; we simply cannot assume that the archaeological lobby—which actively opposes private collecting—won’t press for “more” this time around.  Accordingly, if one feels strongly about their continued ability to collect such coins, they should comment on the regulations.gov website.  Why?  Because silence will only be spun as acquiesce.  So, serious collectors should oppose restrictions on coins or their expansion to widely circulating trade coins as unnecessary and detrimental to the appreciation of Greek culture and the people to people contacts collecting brings. 

The cumulative impact of import restrictions has been very problematical for collectors since 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.  The CPIA only authorizes the government to impose import restrictions on coins and other artifacts first discovered within and subject to the export control of Italy. (19 U.S.C. § 2601). Furthermore, seizure is only appropriate for items on the designated list exported from the State Party after the effective date of regulations.  (19 U.S.C. § 2606).  Unfortunately, the State Department and Customs view this authority far more broadly.  In particular, designated lists have been prepared based on where coins are made and sometimes found, not where they are actually found and hence are subject to export control.  Furthermore, restrictions are not applied prospectively solely to illegal exports made after the effective date of regulations, but rather are enforced against any import into the U.S. made after the effective date of regulations, i.e., an embargo, not targeted, prospective import restrictions.  While it is true enforcement has been spotty, CPO knows of situations where coins have been detained, seized and repatriated where the importer cannot produce information to prove his or her coins were outside of a country for which import restrictions were granted before the date of restrictions.

      B.  What You Can Do

Admittedly, CPAC seems to be little more than a rubber stamp.  Still, to remain silent is to give the cultural bureaucrats and archaeologists with an ax to grind against collectors exactly what they want-- the claim that any restrictions will not be controversial. 

For comments, either comment through the Federal Register notice above or use http://www.regulations.gov, enter the docket [DOS–2020–0036] and follow the prompts to submit your comments.  Alternatively, click this link and click on the Blue “Comment Now” Button which should pull up a screen that allows you to comment https://www.regulations.gov/docket?D=DOS-2020-0036  (Please note comments may be posted only UNTIL Oct. 13, 2020 at 11:59 PM.).  Alternatively, if this link does not work, as set forth further above, you should also be able to post via the Federal Register website:  https://www.federalregister.gov/documents/2020/08/20/2020-18262/cultural-property-advisory-committee-notice-of-meeting

Please also note comments submitted in electronic form are not private. They will be posted on http://www.regulations.gov. Because the comments cannot be edited to remove any identifying or contact information, the Department of State cautions against including any information in an electronic submission that one does not want publicly disclosed (including trade secrets and commercial or financial information that is privileged or confidential pursuant to 19 U.S.C. 2605(i)(1)).

C.  What Should You Say?

 What should you say?  Provide a brief, polite explanation about how import restrictions impact you or your business and/or the cultural understanding and people to people contacts collecting provides.   Coin collectors should add it makes no sense to expand current restrictions when the State Department already determined which coins were typically “first discovered within” and “subject to the export control” of Greece.  Finally, collectors can point out that Greece, as an EU member, must respect the rights of other EU members to export coins of types on the designated Greek designated list, and so should the U.S.  Comments from Greek and Greek-American collectors are particularly welcome! 

 Personalized comments are best, but feel free to use this submission as a model: 

 Dear CPAC:

 Please either end the current restrictions on coins, or, at least, do not expand them.  It makes no sense to expand current restrictions when the State Department already determined which coins were typically “first discovered within” and “subject to the export control” of Greece.   Finally, Greece, as an EU member, must respect the rights of other EU members to export coins of types on the Greek designated list, and so should the U.S.  This can easily be done by making any renewed MOU recognize that a legal export of a coin on the Greek designated list from a sister EU country will be treated as a legal export from Greece itself.

Sincerely,

xxx

 

CPAC Meets to Discuss Renewals of Colombian and Italian MOU’s

On July 22, 2020, the US Cultural Property Advisory Committee (“CPAC”) met to consider proposed renewals of MOU’s with Colombia and Italy. The following CPAC members were present via videoconferencing: (1) Stefan Passantino (Chairman- Public); (2) Adele Chatfield-Taylor (Public); (3) Karol Wight (Museums); (4) James Reep (Public); (5) Ricardo A. St. Hilaire (Archaeology); (6) Lothar Von Falkenhausen (Archaeology); and  (7) Anthony Wisniewski (Collector-Sale of International Cultural Property).  Allison Davis, CPAC’s State Department Executive Director, was also present.

Chairman Passantino welcomed the speakers.  He indicated that the Committee had read all the comments, and that speakers would be allowed 5 minutes to focus on points most important to them.  After all the speakers were finished, he would open up the floor to questions. Those who wanted to speak about the proposed Colombian MOU went first.  The order of speakers was as follows:  (1) Sarah Newman (University of Chicago); (2) Robert Drennan (Society of American Archaeology); (3) Kate FitzGibbon (Committee for Cultural Policy); and (4) Brian Daniels (Archaeological Institute of America).   Next, the Committee heard the following speakers on the Italian renewal: (1) Kate FitzGibbon (Committee for Cultural Policy); (2) Arturo Russo (International Association of Professional Numismatists); (3) Doug Mudd (American Numismatic Association); (4) Josh Knerly (Association of Art Museum Directors) (5) Peter Tompa (Global Heritage Alliance); (6) Elizabeth Greene (Archaeological Institute of America); and (7) Randolph Myers (Ancient Coin Collectors Guild).

Sarah Newman (University of Chicago) spoke about her experiences as a Fulbright Scholar.  Although Covid 19 cut her work short, she enjoyed her experience with Columbian colleagues studying museum collections. She found them very helpful in making their collections accessible to her for her study.

Robert Drennan (Society of American Archaeology) indicated that the MOU has benefitted the protection of Colombian cultural patrimony because even people in rural areas know that it is illegal to loot artifacts. There have been efforts to perform rescue archaeology before construction projects.  One example showing that legislation protecting archaeological remains actually carries substantial weight on the ground, is the case of Nueva Esperanza. Archaeological remains were reported in the process of planning for the construction of a major electricity substation just south of Bogotá. These remains turned out to be those of a large nucleated pre-Hispanic Muisca settlement. Against strong political and economic opposition, construction was delayed and an extensive multimillion dollar excavation project was funded under the terms of regulations to protect cultural heritage.

There have also been more academic interest.  Recently founded Masters' and Doctoral programs in anthropology, archaeology, and cultural heritage at the Universidad Nacional de Colombia, at the Universidad de los Andes, at the Universidad Pedagógica y Tecnológica de Colombia, and at the Universidad Externado have grown and become more solidly established during the past five years. 

Campaigns to increase awareness that pre-Columbian Native American artwork is not simply a potential economic resource have had an impact, as have enforcement efforts, but more remains to be done. Sadly, the US continues to be a major market for looted Colombian cultural materials.

The existing Memorandum has been successful. The Memorandum, however, is still very much needed. There is every reason to believe that a renewal would help to maintain the momentum and lead to continued progress in the future.

Dr. Drennan’s written testimony can be found here:  https://beta.regulations.gov/document/DOS-2020-0022-0299

Kate FitzGibbon (Committee for Cultural Policy) provides some brief thoughts about the proposed renewal with the MOU with Colombia.  Ms. FitzGibbon indicates that Colombia is obliged to engage in self-help measures, but it is unclear, what, if any, self-help measures have been undertaken.  Ms. FitzGibbon urges the Committee to ensure such self-help measures have been undertaken before a MOU with Colombia is renewed.  She also questions whether all the material described as “ethnological” on the current designated list meets the definition of such material under the Cultural Property Implementation Act (“CPIA”).

The Committee for Cultural Policy’s and Global Heritage Alliance’s written testimony concerning the Colombian renewal can be found here: https://beta.regulations.gov/document/DOS-2020-0022-0044

Brian Daniels (Archaeological Institute of America) indicates that Colombia has met all four determinations for a renewal of its MOU.  First, he acknowledges Dr. Drennan’s testimony about the collaboration between US and Colombian archaeologists.  He indicated this relates to the fourth determination under the CPIA, relating to whether import restrictions are “consistent with the general interest of the international community in the interchange of cultural property among nations for scientific, cultural, and educational purposes.”

Dr. Daniels then discusses the first determination which requires a showing the cultural patrimony of Colombia is in jeopardy from the pillage of archaeological materials. Ongoing looting in Colombia is outlined in the statement by Dr. Drennan and the SAA. He discusses recent seizures of looted cultural material in Colombia.

He also discusses the designated list and states that previous Committees had already made a determination what was considered ethnological material. 

The AIA’s written testimony on the Colombian renewal can be found here: https://beta.regulations.gov/document/DOS-2020-0022-0393

The Committee then turned to testimony regarding the Italian MOU renewal.

Kate FitzGibbon (Committee for Cultural Policy) recounts how both she and Patty Gerstenblith, who represented the interests of the archaeological community, were appointed at the same time, but Prof. Gerstenblith’ s application was rushed through so she could participate and vote on the initial Italian request.  Ms. FitzGibbon, who represented the trade, was not allowed to do so.  Had Ms. FitzGibbon been allowed to participate, she would have voted “no” on the request because Italy had not done enough to protect its cultural patrimony.

Since that time, Italy’s Carabinieri have done an excellent job stopping looting, but Italy has not complied with the MOU in other ways.  First, Italy has failed to allow the export of items freely available for sale within Italy itself.  Second, Italy has not made it easier for museums to secure loans. Finally, Italy has not released decades old Polaroid photographs of looted items in the Medici archive.  Instead, Italian authorities have shared them with a researcher who used them to play “gotcha” with auction houses.

The Committee for Cultural Policy’s written testimony about the Italian renewal can be found here:  https://beta.regulations.gov/document/DOS-2020-0022-0391

Arturo Russo (International Association of Professional Numismatists) speaks for the premier professional trade association for coin dealers.  He starts his statement with a Latin maxim, “pacta sunt servanda” which roughly translates as “bargains are to be observed.”

He notes that after the initial MOU with Italy in 2001, Italy did as promised make it easier to export Italian cultural goods, including coins.  However, since import restrictions were first imposed on coins in 2011, it has become increasingly difficult to obtain export permits, and today it is almost impossible to get such permits for even low value and common ancient coins.

Last year, Italian authorities published regulations that state that you cannot even apply for an export license unless you can prove that an archeological object is outside of the ground before 1909, the date of Italy’s first cultural patrimony law.  Italy has over twenty different export offices and luckily some of them don’t enforce this regulation, as quite rightly, they do not consider coins in trade to be archeological items. On the other hand, other offices, like that in Milan, apply this regulation in a very stringent manner, and require proof of provenance before 1909.  This makes it impossible to export ancient coins, because only few coins have a provenance stretching back that far.  Just to be clear, ancient coins are freely bought and sold inside Italy, but they become “illegal” and important to Italian cultural patrimony only when one applies to take them outside of Italy, which is unacceptable. 

The situation is so egregious that there have been cases where coins that were legally purchased by Italian collectors in US auctions prior to 1980 where not only denied an export license, but were confiscated simply on the basis of lack of provenance prior to 1909. It is worth noting that coins have been collected since the Renaissance. There are studies from prominent Italian scholars, which Mr. Russo would be happy to share, which demonstrate that coins in the market should not be treated as archaeological objects because an immense number of coins were found before 1909. Nevertheless, most of the coins do not have a documented provenance because until the recently auctions were limited to coins from highly important collections. Mr. Russo notes that in 1994 the two most prominent numismatists in Italy, Silvana Balbi De Caro and Francesco Panvini Rosati, stated that only coins documented to be from an archaeological find are of archaeological interest. 

In 2012, Mr. Russo’s firm, Numismatica Ars Classica, represented a group of investors that purchased and dispersed the Archer Huntington collection of coins.  This large collection was assembled between the end of 19th century and 1930. The collection was property of the Hispanic Society of America and on loan to the American Numismatic Society. The vast majority of the Ancient coins in the collection did not have a documented provenance prior to 1909 and theoretically if purchased by an Italian collector, would be subject to detention and seizure if they were subsequently exported from Italy.  

This behavior is clearly unacceptable.  So, Mr. Russo asks that CPAC freeze the renewal of import restrictions on coins until Italy complies with its obligation to facilitate the issuance of export licenses. The current situation clearly disadvantages American collectors and institutions as coins legally owned in the States can be freely sold to Italian buyers while the same coins cannot leave Italy and be freely sold to American collectors. 

What makes the whole situation even more inconceivable is the fact that Italy has probably one of the largest if not the largest numismatic patrimony in the world. There are over 200 institutions that have coins and the largest museums like Naples, Rome and Turin have collections which contain over a million specimens each. Unfortunately, most of these collections are not published nor accessible through the internet with the result that they are almost completely inaccessible to the public.

Mr. Russo indicates that the Italian Carabinieri do an excellent job fighting looters and he knows as a matter of fact that they do not share the belief that everything without a provenance prior to 1909 has to be considered illegal. They are fully aware that a legal and healthy market exists and must be preserved. IAPN is not against a stronger cooperation between Italian authorities and US to fight illegally excavated coins coming onto the US market, but blanket restrictions are unfair to the trade. 

In concluding, Mr. Russo also indicates that any effort to extend restrictions to Roman Republican and Imperial coins is simply ridiculous as it uncontested that the vast majority of these coins are found outside the boundaries of Italy.  In closing, he reiterates that current restrictions should be frozen until Italy makes it easier to procure export licenses.  

IAPN’s written testimony about the Italian renewal can be found here:  https://beta.regulations.gov/document/DOS-2020-0022-0143

Peter Tompa (Global Heritage Alliance) states that current events, including mobs tearing down historic statues and Erdogan’s conversion of Hagia Sophia from a museum to a mosque, as well as the reaction of archaeological advocacy groups and some of their prominent members, raise the fair question whether lobbying on behalf of foreign governments directed at suppressing market demand is really about conservation, or about exercises of power and control.

Tompa then states that it is time for this Committee to consider a new paradigm, one which focuses not on suppressing all trade of every conceivable artifact with embargoes, but which instead facilitates lawful trade in objects, especially those legally available for sale within the country seeking restrictions. 

He indicates that there is no better place to start than this renewal.  Legal trade in cultural goods of Italian types has already been embargoed for 20 years.  During this period, Italy’s Carabinieri have mounted a successful campaign against looters.  However, largely due to the sheer number of historic sites, lack of funding and corruption, the Italian State has failed to preserve all the cultural heritage already in its care.  As set forth in the IAPN’s study, this is particularly true for small, commonplace items like coins. 

What does GHA request?  First, GHA joins hundreds of coin collectors to ask that under no circumstances should the designated list be expanded, particularly to late Roman Republican and Imperial coins.  As set forth in IAPN’s papers, only 2.8% of Roman Imperial coins hoards containing coins from Italian mints are found within Italy itself making it impossible to fairly consider them Italian cultural patrimony.  GHA also believes that the CPIA mandates that the current Italian designated list needs to be reformed to ensure it only covers items only found in Italy.  For coins, this means—using the Greek designated list as a model—that at least larger denomination coins which circulated in international trade should be delisted.

GHA also requests that any renewal be conditioned on Italy immediately facilitating the licit export of any item legally available for sale within Italy itself.  Despite solemn promises to do so under each of the prior MOU’s, as Mr. Russo has noted, Italy has actually made it harder to export ancient coins of the sort openly and legally sold within Italy itself.  

Finally, GHA also asks the Committee to facilitate lawful trade by requiring US Customs to accept legal exports from sister EU countries as legal imports of items on the Italian designated list into the United States.  Tompa indicates such a modification of the MOU is not only consistent with the UNESCO Convention, but Italian law. 

GHA’s written testimony regarding the proposed Italian renewal can be found here: https://beta.regulations.gov/document/DOS-2020-0022-0048

Douglas Mudd (American Numismatic Association) indicates that his organization opposes any expansion of the current MOU to include late Roman Republican and Roman Imperial coins. Such coins are found in huge numbers outside of Italy and it makes no sense to recognize Italy’s rights to them as its cultural patrimony.  The cumulative impact of current MOU’s has already done much to damage ancient coin collecting in the US.  This is a shame because ancient coins are excellent teaching tools.  Students already suffer from a lack of understanding about ancient cultures.  Roman coins have been used as an adjunct to Latin classes.  The prospect of possible seizure of their coins has dissuaded foreign collectors from sharing knowledge with US Collectors at ANA seminars and coin shows. 

The ANA’s written testimony about the Italian renewal can be found here: https://beta.regulations.gov/document/DOS-2020-0022-0288

Stephen J. Knerly (Association of Art Museum Directors) discussed the concerns of the country’s art museums with regard to the Italian MOU request. The AAMD’s written submission questioned whether Italy’s patrimony was still in jeopardy and whether there were less significant alternatives than import restrictions as well as problems AAMD members were having with loan agreements, but Mr. Knerly’s oral testimony focused on the last issue. Knerly emphasized that AAMD members have cordial museum to museum relationships with Italian institutions but noted that there are problems with loan agreements, in particular expensive fees.  He also criticized the State Department’s use of a standard Article II which made it more difficult to hold countries accountable to hold up their own obligations.

The AAMD’s written testimony about the Italian renewal can be found here: https://beta.regulations.gov/document/DOS-2020-0022-0383

Elizabeth Greene (Archaeological Institute of America) indicates that the AIA supports another extension of the MOU with Italy as necessary to protect Italian cultural patrimony.  As evidence, Dr. Greene points to “Operation Demetra,” which revealed extensive illegal excavations in Sicily linked to a buyer in London.  She also discusses seizures of 20,000 archaeological objects and 4,000 coins in other operations. She notes it is important to protect sites not only for academic, but for to help develop tourism.

The AIA’s written testimony about the Italian renewal can be found here: https://beta.regulations.gov/document/DOS-2020-0022-0392

Randolph Myers (Ancient Coin Collectors Guild) opposes the extension of the MOU as it applies to ancient coins.  He first focuses on any effort to expand current import restrictions to Roman Republican coins.  First, he indicates that one cannot assume late Roman Republican coins were both struck and found in Italy.  He notes this can be proved from a review of “Coin hoards of the Roman Republic Online" that is hosted by the American Numismatic Society. Found on the Internet at http://numismatics.org/chrr.  This database of Roman Republican Coin hoards mainly from the period 155 BC to AD 2 shows that such coins en masse outside of Italy. 

The data is even more significant for Roman Imperial coins.  Large numbers of Roman Imperial coins are found outside modern-day Italy. He cites "The Coin Hoards of the Roman Empire Project," found on the Internet at http://chre.ashmus.ox.ac.uld. This Project, a joint initiative of the Ashmolean Museum and the Oxford Roman Economy Project, "aims to collect information about hoards of all coinages in use in the Roman Empire between approximately 30 BC and AD 400." It proves that less than 3 % of reported Roman Imperial coin hoards containing coins from Italian mints are found within Italy, or stated another way, over 97% are found outside that Country.

The ACCG’s written testimony about the Italian renewal can be found here:  https://beta.regulations.gov/document/DOS-2020-0022-0244

Questions: Anthony Wisniewski (collector-sale of international property) asks Kate FitzGibbon (CCP) and Peter Tompa (GHA) whether EU nations have a right to export cultural goods that must be recognized by the Italian government.  Both FitzGibbon and Tompa say they believe that to be the case. FitzGibbon also notes that the basis for the new EU export law has been questioned by the Rand Corporation which debunked the claim that terrorists were using stolen antiquities as a major funding source.  Tompa notes the new law does not apply to exports of items that originated in the EU so it would not apply to Italian cultural goods.

Arturo Russo that Italy and Greece stand alone in making it difficult to get export permits for common ancient coins.  All the other major EU countries allow such items to be exported fairly easily.

Karol Wight (Museums) asks Stephen Knerly (AAMD) about courier fees.  He indicates this is a problem not only in Italy but elsewhere.  Italy treats couriers as essential visitors so they are allowed entry even during this pandemic.

Ricardo A. St. Hilaire (Archaeology) asks Brian Daniels and Elizabeth Greene (Archaeological Institute of America) about site security plans in archaeological excavation agreements in Colombia and Italy.  Dr. Daniels is not aware of the situation in Colombia. Dr. Greene has no knowledge of the situation in Italy as she has never signed a permit.  She does note, however, that archaeological groups work actively on site protection with local communities and the police.  She has seen this in action in Sicily, where she works.  She notes that local divers have helped protect underwater sites there.

James Reap (Public) and Lothar Von Falkenhausen (Archaeology) state it irrelevant and unfair to attribute the actions of prominent members of archaeological advocacy groups in encouraging or justifying mobs tearing down historic statues to their organizations.  Peter Tompa (GHA) respectfully disagrees because it raises the ultimate question whether the efforts of these groups are really solely about conservation or an exercise of power and control.  Von Falkenhausen adds that he believes in the archaeological value of coins and gratuitously states that ancient coin collectors should collect something else.  (In CPO’s opinion, this demonstrates the anti-collector bias of many of those appointed to represent the archaeological community on this Committee.  In reality, not all archaeologists take such a view and some even collect ancient coins and other mostly minor artifacts.)