U.S. Cultural Property Advisory Committee Meeting About Proposed Cultural Property MOU Renewals with Ecuador and Jordan and a New MOU with Ukraine

 On June 4, 2024, the US Cultural Property Advisory Committee (“CPAC”) met in a virtual public session to hear public comments regarding proposed renewals of Memorandums of Understanding (“MOUs”) with Ecuador and Jordan and a new proposed MOU with Ukraine.  An update on the Bureau of Educational and Cultural Affairs’ (“ECA’s”) website made shortly before the hearing provided further information about the scope of the requests.  See Cultural Property Advisory Committee Meeting, June 4-6, 2024, Bureau of Educational and Cultural Affairs Media Center (April 30, 2024), available at https://eca.state.gov/highlight/cultural-property-advisory-committee-meeting-june-4-6-2024

(last visited June 5, 2024).   That document indicated that neither Ecuador nor Jordan sought restrictions on additional categories of materials.  Ukraine, however, sought restrictions on a wide variety of archaeological and ethnological objects as follows: 

 Ukraine

Protection is sought for archaeological material from the Paleolithic Period (approximately 1.4 million years ago) to 1774 CE, including metal (sculpture, jewelry, weapons, coins, vessels, and horse fittings and trappings); ceramic (sculpture, vessels, and seals); stone (sculpture, monuments, vessels, tools, and jewelry); bone, ivory, wood, horn, and other organic material; glass and faience; paintings and mosaics.  Ethnological materials for which protection is sought span from the Roman Period (3rd century CE) to 1917 CE and include religious, ritual, and ecclesiastical objects; rare books, manuscripts, and other written documents; architectural elements; objects related to funerary rites and burials, both ritual and secular; paintings; military material; and traditional folk clothing and textiles.  

 Id.   

 The CPAC members did not introduce themselves before the public section, but CPAC currently includes the following members: (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) Mirriam Stark, Represents/Expertise Archaeology, Anthropology, related fields, Professor of Anthropology, University of Hawaii); (4) Nii Otokunor Quarcoopome (Represents/Expertise Museums, Curator and Department head, Detroit Museum of Art); ( (5) Andrew Conners (Represents/Expertise Museums, Director, Albuquerque Museum, New Mexico); (6) Michael Findlay (Represents/Expertise: International Sale of Cultural Property, Director, Acquavella Galleries, New York); (7) Amy Cappellazzo, Represents/Expertise: International Sale of Cultural Property, Principal, Art Intelligence Global; (8) Cynthia Herbert (Represents/Expertise: International Sale of Cultural Property President, Appretium Appraisal Services LLC, Connecticut); (9) Thomas R. Lamont (Represents Public, President of Lamont Consulting Services, LLC, Illinois);  (10) Susan Schoenfeld Harrington  (Represents Public, Past Deputy Finance Chair, Democratic National Committee, Past Board member, China Art Foundation); and, (11) William Teitelman (Represents General Public, Legislative Counsel to the PA Trial Lawyers Association, Attorney (Retired)).

 The meeting was conducted entirely on Zoom.  At least the following members were present:  Jones; Teitelman; Quarcoopome; and Stark.  CPAC’s executive director, Allison Davis, was also present.

 The Chair, Alexandra Jones, welcomed the speakers.  She indicated that speakers would be given four minutes each given the number of oral comments. 

Dr. Chris Jasparro, Associate Professor in the National Security Affairs Department and Director of the Africa Regional Studies Group at the Naval War College, spoke first.  He indicated that a MOU with Ukraine would be an important tool to fight organized crime and Russian aggression.  Jasparro maintained that Russian forces destroyed archaeological sites, but also looted small items which would then enter international markets.  He also indicated that a MOU could act as a token of American support for Ukraine.  He further maintained that “stolen antiquities” were used to test smuggling routes for other, more dangerous items.  The factual basis for this contention is unclear. 

Dr. Patricial Juninska of Artyfact, an archaeological management company, spoke next.  She indicated that 341 Kurgans or burial mounds have been damaged during the war.  She believed that a MOU will demonstrate our support for Ukraine and its efforts at preservation during a difficult time.

Dr. Sam Hardy of the Norwegian Institute for Cultural Heritage Research (NIKU) spoke next.  He indicated that Ukraine has struggled for years against looters.  Russian looting and destruction of cultural heritage is being investigated as a war crime.  Looting incentivizes corruption.  Hardy has found social media indicating that Russian mercenaries have been trading in antiquities. One of these individuals was pictured with Russian President Putin and former Russian Defense Minister Shoigu.

 Adam Rabinowitz, an Associate Professor at University of Texas at Austin, spoke next.  Rabinowitz is familiar with Ukraine through his prior work at Chersonesus.  Rabinowitz believes that much of the looting caused by the war is of small metal objects.  He noted that metal detectors are widely available in Ukraine and that artifacts like coins will be found by farmers during demining operations.  He believed that farmers and others will be tempted to sell such material on eBay, and this material should be kept off the market.  He maintained Ukrainian officials are doing the best they can under the circumstances and have thus have met the Cultural Property Implementation Act’s (“CPIA’s”) self-help requirements.

His written testimony may be found here:  https://www.regulations.gov/comment/DOS-2024-0015-0049 (last visited June 5, 2024).

 Randolph Myers next spoke on behalf of the Ancient Coin Collectors Guild (“ACCG”).   Myers chastised the State Department for failing to meet the notice requirements of the Administrative Procedure Act.  He indicated that circulation of coinage is complex, and one cannot assume many coin types are found in Ukraine given their much wider circulation patterns.  He also indicated that the United Kingdom’s Portable Antiquities Scheme provides an excellent example of a “less drastic measure” that should be adopted before import restrictions are imposed. 

 The ACCG’s and the American Numismatic Association’s testimony on Ukraine can be found here:

https://www.regulations.gov/comment/DOS-2024-0015-0010 (last visited June 5, 2024).

 Their testimony on Jordan can be found here:

https://www.regulations.gov/comment/DOS-2024-0015-0011 (last visited June 5, 2024).

 Peter Tompa next spoke as the Executive Director of the International Association of Professional Numismatists (“IAPN”).   He raised four points.  First,  political geography explains why one cannot assume that coins found in Ecuador, Jordan or Ukraine, are only found there.  Each of these countries were small parts of larger political entities for much of their histories, meaning that coins that circulated within their current boundaries also circulated in quantity elsewhere.  Second, CPAC must consider the realities on the ground, in particular the existence of large open markets in both Jordan and Ukraine.  Given these markets, assisting Jordan and Ukraine to create workable web-based systems of providing export certificates for common items like coins should be contemplated.  Another reality is the use of metal detectors.  The best way to deal with metal detectors is to help Jordan and Ukraine create a working Portable Antiquities Scheme.  Congressional appropriators have highlighted the importance of the CPIA’s reporting requirements, particularly the mandate that “less drastic measures” have to be considered before import restrictions are imposed.  The creation of a workable system of export permits, a portable antiquities scheme and more focused enforcement are just such “less drastic measures” that Congress contemplated. 

 Peter Tompa’s oral comments can be found here:

https://culturalpropertyobserver.blogspot.com/2024/06/cpac-meeting-to-discuss-renewals-of.html (last visited June 6, 2024).

 His personal comments can be found here:

https://www.regulations.gov/comment/DOS-2024-0015-0039 (last visited June 6, 2024).

 IAPN’s comments on the proposed renewal of the MOU with Ecuador can be found here:

https://www.regulations.gov/comment/DOS-2024-0015-0003  (Last visited June 6, 2024).

 IAPN’s comments on the proposed renewal of the MOU with Jordan can be found here:

https://www.regulations.gov/comment/DOS-2024-0015-0004  (last visited June 6, 2024)

 IAPN’s comments on the proposed MOU with Ukraine can be found here:

https://www.regulations.gov/comment/DOS-2024-0015-0012 (last visited June 6, 2024).

 Elias Gerasoulis next spoke on behalf of the Global Heritage Alliance (“GHA”) as its executive director.  GHA submitted joint testimony with its sister organization, the Committee for Cultural Policy (“CCP”).  Gerasoulis focused his comments on Jordan.  He also indicated that Kate FitzGibbon, his colleague from the CCP was unavailable, so he would also be available to answer any questions about Ecuador and Ukraine.  He noted that the State Department previously approved its MOU with Jordan based on historic looting that took place in the 19^th and 20^th centuries.  He also called out Jordan for allowing sales of coins at the Petra archaeological site and at a bourse in Amman.   He argued that such internal sales of coins to locals and tourists was inconsistent with any effort to embargo their entry into the United States.  He mentioned that the coin bourse in Amman was opened by a Jordanian princess, which suggested that it was an event sanctioned by the Jordanian government. 

 One CPAC member asked Gerasoulis about the lack of evidence being provided regarding current looting in Jordan.  Gerasoulis indicates he would welcome such evidence, but none had been provided publicly by either the State Department or Jordan for purposes of justifying this renewal. 

 GHA’s and CCP’s comments regarding the renewal of the MOU with Ecuador can be found here:

https://www.regulations.gov/comment/DOS-2024-0015-0045 (last visited June 6, 2024).

 Their comments regarding the renewal of the MOU with Jordan can be found here:

https://www.regulations.gov/comment/DOS-2024-0015-0036 (last visited June 6, 2024).

 Their comments regarding the proposed MOU with Ukraine could be found here:  https://www.regulations.gov/comment/DOS-2024-0015-0053 (last visited June 6, 2024).

 Katie Paul spoke as the founder and co-director of the Antiquities Trafficking and Heritage Anthropology Research (ATHAR) Project.  Paul discussed her advocacy group’s use of screen shots taken from eBay and other social media platforms as evidence of significant looting that must be addressed.  She maintained there was no legal market for archaeological objects in Jordan.  Despite evidence submitted by IAPN, GHA, and CCP to the contrary, she maintained that there was no legal market for coins in Jordan.  She noted that Jordan does have a numismatic museum instead.  Paul stated that Ukrainian metal detectorists sell directly to American buyers.  She indicated that a hoard of 2,500 coins from the Black Sea coast was recovered by the authorities.  She further indicated that Ukraine needs US assistance to stem widespread looting.

 ATHAR’s comments regarding the proposed renewal of the MOU with Jordan are here:

https://www.regulations.gov/comment/DOS-2024-0015-0050 (last visited June 6, 2024).

 ATHAR’s comments regarding the proposed MOU with Ukraine can be found here:

https://www.regulations.gov/comment/DOS-2024-0015-0052 (last visited June 6, 2024).

 Morag Kersel is an Associate Professor of Anthropology at DePaul University in Chicago.  She spoke from Jordan where she is working.  Professor Kersel discussed her “Follow the Pots” project which tracked looted biblical era pots on the market.  Biblical era materials are in demand in the United States.  She also discussed the cooperation of the Jordanian government with American archaeologists and museums.  She believed that the MOU should be renewed.

 Professor Kersel’s comments can be found here:

 https://www.regulations.gov/comment/DOS-2024-0015-0041 (last visited June 6, 2024).

 James Zeidler is an Emeritus Research Professor at Colorado State University.  Zeidler has excavated in Ecuador for the past 50 years.  He indicated that looting has declined in Ecuador since the 1980’s due to increased enforcement and better community engagement.  Though looting has declined, he maintained that the current MOU still should be renewed to help protect Ecuadorian cultural heritage. 

 Professor Zeidler’s comments can be found here:

https://www.regulations.gov/comment/DOS-2024-0015-0044 (last visited June 6, 2024).

Sarah Rowe is an Associate Professor Department of Anthropology at the University of Texas Rio Grande Valley.  Professor Rowe commended Ecuador for its efforts at community engagement including the training of local and foreign archaeologists.  She also praised the creation of the first code of archaeological ethics for Latin America in Ecuador as well as programs with local communities aimed at discouraging looting. 

 Dr. Ömür Harmanşah spoke as the Vice President for Cultural Heritage, Archaeological Institute of America (“AIA”).  Harmanşah indicated that the AIA strongly supported a MOU with Ukraine to help address Russian looting of archaeological objects.  He noted that Ukraine sent museum displays to the U.S. in the 2,000s.  He believed the MOU could also address illicit digs in the occupied Crimean Peninsula.

 The AIA’s comments on the renewals for Ecuador and Jordan and the new MOU for Ukraine are not available in the record posted in regulations.gov, but they are posted here: 

https://www.archaeological.org/aia-submits-letters-to-u-s-cultural-property-advisory-committee/ (last visited June 6, 2024).

 Tess Davis spoke as the Executive Director for the Antiquities Coalition, an archaeological advocacy group.  Ms. Davis indicated that she also serves on the faculty at Johns Hopkins University and is a member of the Council of Foreign Relations.  Ms. Davis discussed her work in Cambodia exposing the Latchford criminal network.  She maintained that import restrictions are “consumer protection measures” that help keep “stolen” artifacts off the market.  She also indicated that the Antiquities Coalition works closely with both the State Department, G-13 countries and individual source countries to facilitate cultural property MOUs and other restrictions on the trade meant to deter illicit trade.  She maintained that CPIA import restrictions can be complied with “simply”  with the required documentation. 

 Jeremy Sabaloff is an American anthropologist and past president of the Santa Fe Institute.  Sabaloff previously served as CPAC’s Chair during the Obama Administration.  Sabaloff did not speak directly about any of the MOUs.  Instead, he praised the work of CPAC and the importance of MOUs to our foreign relations and fostering “legitimate” trade. 

 Chair Alexandra Jones closed the CPAC public session about 10 minutes before the one hour allotted for the meeting expired.  Despite the additional time that was available, there were no additional questions from CPAC members.