I said this more or less at today's CPAC hearing to discuss proposed renewals of MOUs with Cyprus and Guatemala:
I am speaking on behalf of IAPN which represents the micro
and small businesses of the numismatic trade.
In many ways, this hearing is a much greater test for CPAC than for
ancient coin collectors. We’ve heard a
lot in the past several years about how the system is rigged. Here, unfortunately, there is convincing
evidence that may be the case.
For 25 years
after the CPIA was passed, there were no restrictions on coins. This should be no surprise. Coins are items of commerce. So, it is difficult for modern nation states
to justifiably claim them as their “cultural property.” They are among the
most common of historical artifacts and while they may be of “archaeological
interest”, they are generally not of “cultural significance.” They are
avidly collected and traded worldwide including in Cyprus. It simply
makes no sense to preclude Americans from importing such coins. Indeed, when the CPIA was being discussed,
Mark Feldman, a high-ranking State Department lawyer, represented to Congress
that it was “hard … to imagine a case where we would need to deal with coins
except in the most unusual circumstances.”
In 2007, all
this changed with Cypriot coins.
According to the declarations of two former CPAC Members, including
Former Chair Kislak, that change was made against CPAC’s recommendations. Moreover, there was an attempt to mislead the
public and the Congress about CPAC’s opposition to import restrictions on coins. Even worse, the decision maker made the
decision after she had already announced she was leaving for a job at Goldman
Sachs, where she was recruited by and worked for the husband of a former AIA
trustee and the founder of the Antiquities Coalition, which has been highly
active lobbying for import restrictions.
How can such a decision be a fair one?
We are
realists and understand at this point that import restrictions on coins are probably
here to stay, but CPAC can still advocate for a reset on how they are implemented.
First, CPAC should insist that the State
Department only apply restrictions to coins that are “exclusively found” within
Cyprus or to those where there is proof that they were illicitly excavated
there. Only such coins can be “first discovered within, and … subject to export control by”
Cyprus as required by the CPIA at 19 U.S.C. § 2601(2). In contrast,
the State Department’s current standard based on where a coin “primarily
circulated” simply ignores these requirements.
Second, even under a “primarily circulated” standard,
certain coin types on the current designated list should be removed. Here, numismatic research proves that all Cypriot
mint gold and all Attic standard Hellenistic silver coins of Alexander the
Great, Philip and Demetrius did not “primarily circulate” within Cyprus and
should be delisted.
Third, CPAC should ensure that the State Department only
uses neutral experts to help prepare designated lists; not ones who have
advocated for import restrictions in the past.
At a minimum, State should be directed to meet and confer with
collectors and the trade on the contents of these lists. Under no circumstances should collectors and
US Customs be forced to guess what coin types are restricted and which are not,
as is the case with the recent Turkish and amended Greek lists.
Finally, no new restrictions should be contemplated for
Guatemalan coins. Spanish Colonial and
Republican era coins are not archaeological in nature; they either do not meet
the 250-year threshold and/or are not “normally discovered” within the
ground. Nor do such coins meet the
definition of ethnological objects. They
are not the products of tribal cultures but were produced en masse with
sophisticated industrial processes.
Finally, due to their wide circulation in international commerce, one
cannot assume such coins were “first discovered within” and hence were “subject
to export control by” Guatemalan authorities. Indeed, early coins that circulated within Guatemala were also
legal tender in the United States until 1857.
With these recommended actions, CPAC can demonstrate that
it operates with fairness and adheres to the CPIA’s statutory
requirements.
Thank you.
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