On June 5, 2023, the US Cultural Property Advisory Committee (CPAC) met in a virtual public session to hear testimony regarding the proposed renewals of MOUs with Bulgaria and the People’s Republic of China (PRC). An update on the Bureau of Educational and Cultural Affairs’ (ECA’s) website made shortly before the hearing provided further information about the requests. See https://eca.state.gov/highlight/cultural-property-advisory-committee-meeting-april-26-27-2023 (last visited June 7, 2023). According to that website, Bulgaria has asked for import restrictions on additional categories of archaeological material dating from the Paleolithic Period to the Neolithic (c. 1.6 million years ago – 7500 B.C.) and on additional ethnological material of an ecclesiastical nature dating from 1750 through the 20th century. Id. In contrast, the PRC does not seek any additional restrictions. Id.
The
public session was postponed from April 26-27, 2023, presumably to allow all
the remaining Trump appointees to be replaced by Biden appointees to CPAC. Those replaced included Anthony Wisniewski, the
sole coin collector representative on the Committee. One of the replacements, Susan Schoenfeld
Harrington, has discernable links to the PRC, as a past Board Member of the
China Art Foundation. See http://culturalpropertyobserver.blogspot.com/2023/04/new-cpac-members.html
(last visited June 7, 2023).
Despite
the postponement, the public was only allowed an exceptionally short time to comment
on these MOUs on the regulations.gov website.
See https://www.regulations.gov/document/DOS-2023-0016-0001 (last visited June 7, 2023). Although the Federal Register notice was
posted on Friday, May 19, 2023, due to a snafu, the regulations.gov website did
not accept comments until midday Monday, May 22, 2023. The comment period closed only 4 days later,
on Friday, May 26, 2023. An analysis of the
comments that were submitted can be found here.
See http://culturalpropertyobserver.blogspot.com/2023/05/low-public-support-for-mous-with.html (last visited June 7, 2023).
Oral
comments during the public session were also circumscribed. Rather than the usual 5 minutes, each speaker
was only allotted 4 minutes to speak.
At
least the following CPAC members were present for the meeting: (1) Alexandra Jones (Chair, Represents/Expertise
Archaeology, Anthropology, related fields, CEO Archaeology in the Community,
Washington, DC); (2) Alex Barker (Represents/Expertise Archaeology, Anthropology,
related fields) Director, Arkansas Archeological Survey, Arkansas); (3) Nii
Otokunor Quarcoopome (Represents/Expertise Museums, Curator and Department
head, Detroit Museum of Art); (4) William Teitelman (Represents General Public,
Legislative Counsel to the PA Trial Lawyers Association, Attorney (Retired));
(4) Andrew Conners (Represents/Expertise Museums, Director, Albuquerque Museum,
New Mexico); (5) Michael Findlay (Represents/Expertise: International Sale of
Cultural Property, Director, Acquavella Galleries, New York); (6) Susan
Schoenfeld Harrington (Represents Public?, Past Deputy Finance Chair,
Democratic National Committee, Past Board member, China Art Foundation); (7) Cynthia
Herbert (Represents/Expertise: International Sale of Cultural Property President,
Appretium Appraisal Services LLC, Connecticut); and (8) Thomas R. Lamont (Represents
Public?, President of Lamont Consulting Services, LLC, Illinois).
Additionally,
at least the following State Department employees were present for the
meeting: Allison Davis (Executive
Director, CPAC) and Andrew Zander.
These individuals
spoke at the public session about one or both MOUs: (1) Kate FitzGibbon (Committee
for Cultural Policy/PRC); (2) Elias Gerasoulis (Global Heritage Alliance/PRC);
(3) Peter Tompa (International Association of Professional Numismatists/Bulgaria
and PRC); (4) Doug Davis (Anti-Counterfeiting Educational Foundation/PRC); (5) Ömür
Harmanşah (Archaeological Institute of America/Bulgaria and PRC); (6) Douglas
Mudd (American Numismatic Association, Ancient Coin Collectors Guild/Bulgaria);
(7) Louisa Greve (Uyghur Human Rights Project/PRC); (8) Peter Irwin (Uyghur
Human Rights Project/PRC); (8) Josh Knerly (Hahn, Loeser & Parks, LLP for Association
of Art Museum Directors/PRC); (9) Dr. Rowan Flad (Harvard Department of
Anthropology/Society for American Archaeology/PRC); (10) Dr. Anne Underhill (Yale/Society
for American Archaeology/PRC); and (11) Dr. Rian Thum (University of Manchester/PRC).
Alexandra
Jones (AJ), CPAC’s chairperson, indicated that the Committee had reviewed all
the testimony, and asked the speakers to limit their remarks to 4 minutes
each. AJ indicated that she would allow
CPAC members to ask questions after each speaker finished their prepared
remarks. Very few questions were
actually posed.
Kate
FitzGibbon (KFG) spoke first. She
indicated that none of the criteria for renewal of the MOU found in the
Cultural Property Implementation Act (CPIA) could be met. The second determination, related to the PRC
taking measures consistent with the UNESCO Convention concerning the protection
of its cultural patrimony, has not been met because of the PRC’s intentional
destruction of the cultural heritage of its Uyghur population. KFG pointed to the creation of concentration
camps as well as the destruction of over 500 Uyghur sites in her
testimony. Moreover, the first and third
determinations, related to the PRC’s cultural patrimony being in jeopardy, and
the effectiveness of the response, could not be met given the booming internal
Chinese market for cultural goods. The
fourth determination relating to benefits to the international system could not
be met given the PRC’s mercantilist approach to repatriating artifacts and
failing to follow through on museum loans.
The
Committee for Cultural Policy’s and the Global Heritage Alliance’s joint
written testimony can be found here: https://www.regulations.gov/comment/DOS-2023-0016-0044
) (last visited June 7, 2023).
Elias
Gerasoulis (EG) echoed many of the concerns that KFG raised about the PRC’s
intentional destruction of minority culture.
He also noted that current import restrictions have the perverse effect
of promoting the interests of PRC auction houses associated with the government
over their American competitors. It
makes no sense for ECA to undertake to renew the MOU given the anti-American
actions the PRC has taken, including the recent spy balloon overflight. EG believes that renewing the MOU would be
tantamount to committing diplomatic malpractice.
Peter
Tompa (PT) asked CPAC to oppose any effort to expand current import
restrictions on behalf of Bulgaria to Roman Republican and Roman Imperial
coins. He explained that one cannot
assume that such coins come from Bulgarian archaeological contexts. Only a very small percentage of such coins
circulated there compared to those which circulated elsewhere. He also indicated that it is important to
distinguish Roman Republican and Roman Imperial coins from Roman Provincial
coins, which are currently restricted. Roman
Provincial coins were struck for local use in contrast to Roman Republican and
Roman Imperial coins which were meant to circulate through the Empire. Due to time constraints, PT was only able to
express general concerns about the MOU with the PRC. He mentioned that the PRC should not be
rewarded for destroying the cultural property of its minority populations or
for its failure to address counterfeiting of US historical coins.
PT’s
planned oral comments can be found here:
https://culturalpropertyobserver.blogspot.com/2023/06/cpac-should-be-skeptical-about-new.html
(last visited June 7, 2023).
The
International Association of Professional Numismatist’s (IAPN’s) written
comments about the MOU with Bulgaria can be found here: https://www.regulations.gov/comment/DOS-2023-0016-0010
(last visited June 7, 2023).
IAPN’s
written comments about the MOU with the PRC can be found here: https://www.regulations.gov/comment/DOS-2023-0016-0009
(last visited June 7, 2023).
PT’s
personal written comments can be found here:
https://www.regulations.gov/comment/DOS-2023-0016-0056
(last visited June 7, 2023).
Doug
Davis (DD) indicated that the PRC is a major source of counterfeits with
100,000s of coins being faked. These are
exported in bulk to the US for resale, often to unsuspecting buyers. The
Anti-Counterfeiting Educational Foundation Task Force has worked with US law
enforcement on seizing $46 million worth of counterfeit US coins. In addition to historical US coins,
counterfeiters are also faking modern US Mint products including bullion pieces
like silver eagles. This is a global
problem because Chinese counterfeiters are faking coins of all nations.
CPAC
member Alex Barker asks DD about what kinds of bullion are being faked. DD
indicates the fakes include silver bars.
The
Anti-Counterfeiting Educational Foundation’s written comments can be found
here: https://www.regulations.gov/comment/DOS-2023-0016-0067
(last visited June 7, 2023).
Ömür Harmanşah
(OH) indicates that the Archaeological Institute of America (AIA) supports the
renewals of both MOUs. The AIA maintains
that each of the four criteria for renewal found in the CPIA are met for both
MOUs. OH mentions that the PRC recovered
66,000 stolen archaeological artifacts in the year 2021 showing that the PRC’s
cultural patrimony is in jeopardy. OH
states that it is important to ensure restrictions are imposed on mass produced
items like coins to promote their study.
He further indicates that the PRC has worked to ensure that there is
extensive collaboration with US archaeologists and museums. For example, an exhibition featuring the
famous “Terracotta warriors” has been exhibited in a number of venues around
the United States.
The
AIA’s written testimony regarding the MOU with Bulgaria can be found here: https://www.regulations.gov/comment/DOS-2023-0016-0068
(last visited June 7, 2023).
The
AIA’s written testimony regarding the PRC renewal can be found here: https://www.regulations.gov/comment/DOS-2023-0016-0066
(last visited June 7, 2023).
Douglas
Mudd (DM) speaks on behalf of the American Numismatic Association (ANA) and the
Ancient Coin Collectors Guild (ACCG), a member organization. DM indicates that import restrictions have
negatively impacted the study of coins. Because
coins are so durable many have come down to us from ancient times. There are
far too few trained archaeologists to study the numbers of coins that have been
found and there is no reason to sequester them all in museums. The most important thing that can be accomplished
is to ensure they are properly recorded, something that can be achieved through
programs like the UK’s Portable Antiquity Scheme. DM also asks that import restrictions not be
imposed on widely circulating Roman Imperial coins. He further believes that the current designated
list should be subject to expert review because many of the coin types
currently on that list circulated in quantity outside of the confines of
Bulgaria.
The ANA’s
written comments can be found here: https://www.regulations.gov/comment/DOS-2023-0016-0006 (last visited June 7, 2023).
The
ACCG’s written comments can be found here:
https://www.regulations.gov/comment/DOS-2023-0016-0031
(last visited June 7, 2023).
Louisa
Greve (LG) opposes the MOU with the PRC.
The PRC is committing genocide against the Uyghurs. CPAC should not brush aside this genocide and
cultural cleansing in order to approve the renewal. The current MOU authorizes import
restrictions through the Tang period.
The PRC has sought to rewrite history through cultural cleansing to create
a false narrative that Han was the dominant culture throughout what is today
the PRC. If CPAC and ECA approves this
MOU, the Uyghur Human Rights Project (UYRP) will protest the decision.
The
UYRP’s written comments can be found here:
https://www.regulations.gov/comment/DOS-2023-0016-0069
(last visited June 7, 2023).
Peter
Irwin (PI) is LG’s colleague at the UYRP.
The PRC has not worked to protect cultural heritage, but to purposefully
destroy that of the Uyghurs. Some 10,000
to 50,000 sites have been destroyed to date.
These includes mosques and up to 85% of the historic city of Kashgar. The
MOU should not be extended in these circumstances.
Josh
Knerly (JK) stated the Association of Art Museum Directors (AAMD) supports the
extension of the MOU with the PRC contingent on Article II being modified to
provide for multi-year museum loans with more significant objects and the PRC
granting immunity from seizure for art sent there for display from the US. The 2019 MOU dropped any meaningful
requirements regarding loans. Multi-year
loans are necessary to make it cost effective to bring exhibits to the US. Only multi-year loans allow museums to share
the substantial costs involved. Another issue is US tariffs of 7.5% on Chinese
art, which make it impossible for US museums to purchase Chinese art internationally. Such tariffs give Chinese museums, dealers
and collectors a competitive advantage compared to their American
counterparts.
CPAC
member Susan Schoenfeld Harrington asks JK if the MOU provides an
opportunity for cultural exchange with the PRC.
JK indicates for this to happen, the PRC needs to change its policies on
long term loans and immunity from seizure.
The
AAMD’s written comments can be found here:
https://www.regulations.gov/comment/DOS-2023-0016-0061
(last visited June 7, 2023).
Dr.
Rowan Flad (RF) indicates that the PRC has undertaken significant self-help
measures to protect its own cultural patrimony.
A database of cultural heritage has been established. There is active collaboration with American
archaeologists.
RF’s
written testimony may be found here: https://www.regulations.gov/comment/DOS-2023-0016-0055
(last visited June 7, 2023).
Dr.
Anne Underhill (AU) states that the PRC has met its obligations under the
MOU. It has protected archaeological
sites from looting. One innovative
program has used drones to monitor a site for looting. Another development is an increase in “indoor
excavations,” for which entire depositional matrices are transported to covered
labs for careful excavation in safe conditions.
In 2020, 4,200 crimes were investigated, involving 9,700 individuals. Some
93,000 artifacts were recovered. Access
to museums has improved.
AU’s
written comments can be found here: https://www.regulations.gov/comment/DOS-2023-0016-0057
(last visited June 7, 2023).
Dr.
Rian Thum (RT) indicates that he could not make policy determinations, but he
could state facts. It is an unassailable
fact that the PRC has failed to take measures consistent with the UNESCO
Convention to protect its cultural patrimony.
It has demolished large parts of
the Silk Road city of Kashgar. It has
recently bulldozed two very important Uyghur shrines, and any archaeological
artifacts beneath them. Another target
is books. Initially PRC authorities
enforced a “blacklist” of forbidden books.
Now, however, that has been replaced with a “whitelist” which deems any
book not explicitly permitted to be forbidden.
This has led to the confiscation and destruction of countless books,
some of which are otherwise unknown to scholarship. It has also prompted some Uyghurs to burn
their own books in an effort to avoid being sent to concentration camps. As was discussed regarding Bulgaria, modern boundaries
don’t always correspond with ancient ones.
The same is also true with the status of the Uyghur region in the
PRC. RT observes all of the PRC’s achievements
prior speakers associated with archaeological advocacy groups praised relate solely
to the study of the PRC’s Han culture. These studies feed the PRC’s
narrative. The PRC seeks to rewrite history
to make it appear that Han culture was always the dominant culture in the
Uyghur areas. RT expresses disappointment
that his colleagues are unwilling to acknowledge the PRC’s intentional
destruction of Uyghur cultural heritage for political purposes.
No CPAC
members asked any additional questions, and AJ concluded the public session approximately
10 minutes early.
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