On September 24, 2024, the US Cultural Property Advisory Committee (CPAC) met in a virtual public session to accept public comments regarding proposed Memorandums of Understanding (MOUs) or emergency import restrictions with Lebanon and Mongolia and a renewal of a current agreement with El Salvador. 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:
Lebanon
Protection is sought for archaeological material from the
Paleolithic period (approximately 700,000 years ago) to 1774 CE, including, but
not limited to, objects in stone (such as tools, statues, figurines,
sarcophagi, stelae, architectural elements, seals, amulets, objects of daily
use, jewelry, and ceremonial and cultic objects), ceramic (such as vessels,
figurines, objects of daily use, and ceremonial and cultic objects), metal
(such as vessels, statues, figurines, jewelry, tools, objects of daily use, weapons
and armor, and coins), plaster (such as wall paintings and frescoes), glass
(such as vessels, seals, jewelry, and objects of daily use), bone and ivory
(such as carvings, seals and amulets, jewelry, and objects of daily use), wood
(such as panel paintings, icons, and objects of daily use), textiles,
manuscripts (on parchment, paper, and leather), and rare specimens of
fossilized fauna and flora.
Protection is additionally sought for ethnological material
dating from the 17th century until today, including all cultural works,
artifacts, and artworks (such as textiles, traditional garments, headdresses,
accessories and jewelry, liturgical objects, manuscripts, books, archives,
weapons and armor, and objects of daily use) crafted, made, or produced by
Lebanese artists, craftsmen, writers, symbolic personalities, or made on the
Lebanese territory and considered unique and representative of the diversity of
the Lebanese identity and its recognition worldwide (such as works of Gibran
Khalil Gibran and famous Lebanese painters).
Mongolia
Mongolia seeks protection of its cultural artifacts
including archaeological material, including stone tools and statues;
terracotta architectural materials and containers; religious and ceremonial
objects; ornaments decorated with gold, silver, bronze, and precious stones;
metal objects including coins, equipment, tools, and weapons; manuscripts
and objects used to create or bind manuscripts; wooden objects; carpets;
clothing and shoes; and objects made from animal hide, animal skin, and wool.
The protection would also include hand-made ethnological materials including
religious figures of deities and other religious objects; shoes and clothes;
decorative items; handwritten manuscripts and other literary objects; fine art
items; sewn, knit, and embroidered items; items used in traditional ceremonies
or festivals; traditional ger housing materials; agricultural equipment; and
musical instruments.
Extending the El Salvador MOU would continue
import restrictions on categories of archaeological material ranging in date
from approximately 8000 B.C. to A.D. 1550 and certain ethnological material,
including categories of ecclesiastical material from the Colonial period to the
first half of the twentieth century (A.D. 1525 to 1950).
Cultural Property Advisory Committee Meeting, September 24-26 2024, Bureau of Educational and Cultural Affairs Media Center (amended August 27, 2024) available at https://eca.state.gov/cultural-property-advisory-committee-meeting-Sept-24-26-2-24 (last visited September 24, 2024).
The CPAC members did not introduce themselves before the
public session, but CPAC currently includes the following individuals: (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. None of the members identified themselves to
the speakers so it was difficult to ascertain who asked the few questions that
were posed.
The Chair, Alexandra Jones, welcomed the speakers. She thanked the speakers for attending,
indicated that all comments had been read, and that speakers would be given five
minutes each to present their oral comments.
Dr. Ömür Harmanşah spoke as the
Vice President for Cultural Heritage, Archaeological Institute of America (“AIA”). Given time constraints, he focused his
comments on Lebanon and Mongolia. He stated
that the AIA was founded in 1906 and that today it has some 200,000 members
which includes professionals and members of the interested public. Dr. Harmanşah indicated that Lebanon’s
cultural heritage has been endangered since the 1975-1991 Civil War when
looting was at its peak. In Mongolia, a
2019 report indicated that most tombs had been looted. Lebanon and Mongolia both have legislation
meant to address looting that satisfies the “self-help” requirement. In 2003, the Lebanese government partnered
with the World Bank and bilateral agencies to implement what is known as the
Cultural Heritage and Urban Reconstruction Project (CHUD) “to help conserve and
restore the country’s cultural heritage in five of its historic cities:
Baalbek, Byblos, Saida, Tripoli, and Tyre."
The AIA’s written comments about Lebanon can be found
here: https://www.regulations.gov/comment/DOS-2024-0028-0054
The AIA’s written comments about Mongolia can be found here:
https://www.regulations.gov/comment/DOS-2024-0028-0055
The AIA’s written comments about El Salvador can be found
here:
https://www.regulations.gov/comment/DOS-2024-0028-0056
Kate FitzGibbon spoke as the executive director of the
Committee for Cultural Policy. She
indicated that since she served on CPAC reasonable restrictions on trade have
been replaced by blanket restrictions and perpetual MOUs. The Lebanese government is beholden to
Hezbollah, an Iranian proxy, putting objects potentially at risk. Most looting in Lebanon occurred during the
civil war of the 1990s under the direction of various militias. There are only five paid Lebanese
archaeologists who are expected to protect the entire country, which is
impossible. There is no “self-help”
whatsoever. In El Salvador, a blockade
on art has done nothing to protect cultural heritage from destruction due to
development. Mongolian material is not going to the US, but
China. Much of what may appear on a
designated list for Mongolia would be either Chinese made Buddhist religious
artifacts, some of which were taken to Mongolia by Tibetans fleeing Chinese
oppression. It would be a shame if a MOU
were used to take such material away from Tibetan exiles.
The Committee for Cultural Policy’s and the Global Heritage
Alliance’s written comments on all the requests can be found here:
https://www.regulations.gov/comment/DOS-2024-0028-0048
Elias Gerasoulis spoke as executive director of the Global
Heritage Alliance. He indicated that the
MOU with Lebanon cannot be divorced from the political situation in the
country. El Salvador cannot meet the
“self-help” requirement because it has prioritized construction projects over
protecting cultural heritage. It is
important that the State Department hold countries seeking MOUs to certain
standards.
Peter Tompa spoke as executive director for the
International Association of Professional Numismatists (IAPN). He made the following three points. First, CPAC should reject any cultural
property agreement or emergency import restrictions for Lebanon. US
Customs should not be made the “culture cop” for a government dominated
by Hezbollah, a terrorist group and proxy for Iran’s dictatorial regime. Repatriating objects to a war zone where they
could be destroyed also makes no sense.
Second, the State Department has misleadingly claimed that MOUs only
stop trafficked property from entering the US and promote legal cultural
exchange. In fact, MOUs are instead used
to claw back coins and other designated archaeological and ethnological
material from legitimate markets abroad, particularly in Europe. Third, there is no factual basis for the
assumption that coins minted or found in El Salvador, Lebanon or Mongolia necessarily
come from those countries. IAPN
presented scholarly evidence that coins minted or found in these countries are
also found elsewhere regionally or internationally in much greater numbers. The Shekel of Tyre is a specific
example. This coin was used to pay the
Temple Tax and is found in great numbers in Israel.
Peter Tompa’s oral statement can be found here: https://culturalpropertyobserver.blogspot.com/2024/09/cpac-meeting-on-new-agreements-or.html
Peter Tompa’s personal comments can be found here:
https://www.regulations.gov/comment/DOS-2024-0028-0040
IAPN’s comments on Lebanon can be found here:
https://www.regulations.gov/comment/DOS-2024-0028-0021
IAPN’s comments on Mongolia can be found here:
https://www.regulations.gov/comment/DOS-2024-0028-0023
IAPN’s comments on the extension of the current agreement
with El Salvador can be found here:
https://www.regulations.gov/comment/DOS-2024-0028-0019
Randy Myers spoke as a board member on behalf of the Ancient
Coin Collectors Guild. He also spoke on
behalf of the American Numismatic Association.
He touched on four points. First,
the State Department continues to provide inadequate notice to the public for
upcoming MOUs. This makes it difficult
to solicit informed public comment. In
this case, notice was first provided 32 days before the CPAC hearing, and it
only became clear 21 days in advanced that both Lebanon and Mongolia sought
import restrictions on coins. Even here,
no details were provided about what coin types were included in the request, and
any factual basis for doing so. Second, Myers reiterated Tompa’s point about
“Lebanese” coins circulating well beyond Lebanon, such that it is impossible to
assume any particular coin was found there.
Myers mentioned that the largest hoard of “Shekels of Tyre” (over 4,000
coins) was found in Israel, not Lebanon. Finally, Myers indicated that there could be
no credible “self-help” measures since Lebanon is a failed state. He further noted that in addition to
Hezbollah’s malign influence, the Cultural Ministry itself is run by Amal,
another militia which is also a proxy of Syria and Iran.
The Ancient Coin Collectors Guild’s and the American
Numismatic Association’s comments regarding Lebanon can be found here:
https://www.regulations.gov/comment/DOS-2024-0028-0022
After Myers spoke, an unidentified Committee members asked
Tompa, FitzGibbon or Myers why they thought the US Government would be
repatriating antiquities to terrorists.
Tompa explained that Hezbollah, a terrorist organization, was the most
powerful force in the country, effectively controlling its government. He further indicated that the US Government
and Manhattan DA’s office had already given over antiquities to the Lebanese
government.
Andrew G. Vaughn spoke as executive director of the American
Society of Overseas Research (ASOR). Vaughn visited Lebanon back in 2017 and
2019. He was impressed by the efforts of
Lebanese authorities to overcome obstacles caused by war, and now more than any
other time the US should support Lebanon by entering into a MOU. He maintained that during times of conflict,
concerns about looting increase, which would be addressed by such a MOU. Recently, 60 Lebanese archaeologists visited
the US for training. Lebanon needs our
support to continue to use cultural heritage to bring its diverse population
back together. Vaughn quotes President
Biden that the US must “lead not by example of power, but power of our example.” He also maintains that Mongolia is also doing
a wonderful job protecting its own cultural heritage.
Vaughn did not submit his own written comments, but here are
comments submitted on Lebanon on ASOR’s behalf:
https://www.regulations.gov/comment/DOS-2024-0028-0043
Dr. Jeffrey H.
Altschul spoke on behalf of Coalition
for Archaeological Synthesis regarding Mongolia. He indicated that looting is a serious
problem that Mongolian authorities are trying to address. Mongolians also can benefit from interacting
with their American colleagues.
Dr, Altschul’s written comments can be found here:
https://www.regulations.gov/comment/DOS-2024-0028-0028
Dr. Julia Clark of Nomad Science spoke about looting in
Mongolia. She indicated that looters had
focused on materials buried in permafrost because they tend to be well
preserved. They keep items like cloth with gold thread and discard less salable
items as well as human remains. A MOU is
necessary to disincentivized this type of looting and empower Mongolian
archaeologists. Dr. Clark is asked if
looting occurs elsewhere. She indicates it has.
Dr. Clark’s written comments can be found here:
https://www.regulations.gov/comment/DOS-2024-0028-0036
Carlos Flores Manzano is a PhD student at Yale from El
Salvador. He speaks for a renewal of the
current MOU. He indicates that while
urban development is a problem, El Salvador is trying to address these issues
as best as it can. Recently, the Cultural Ministry and Foreign Ministry have cooperated
in seeking repatriations from abroad.
Mr. Flores Manzano’s written statement can be found
here: https://www.regulations.gov/comment/DOS-2024-0028-0041
The docket contains all written statements, the vast
majority of which opposed import restrictions on coins. See https://www.regulations.gov/document/DOS-2024-0028-0001/comment
Notable statements include that of the American Israel
Numismatic Association, which can be found here:
https://www.regulations.gov/comment/DOS-2024-0028-0025;
CINOA which can be found here:
https://www.regulations.gov/comment/DOS-2024-0028-0012;
and the Oriental Numismatic Society which can be found here:
https://www.regulations.gov/comment/DOS-2024-0028-0020.
The speakers finished 15 minutes early. As there were no additional questions beyond
the two posed by CPAC members, the Chair thanked the speakers and ended the
session abruptly.
