The State Department has announced that Italy has requested a renewal of its current Memorandum of Understanding (MOU) with the United States. See https://www.federalregister.gov/documents/2024/12/30/2024-31257/proposal-to-extend-the-cultural-property-agreement-between-the-united-states-and-italy
The State Department’s Cultural Property Advisory Committee
(CPAC) will accept public comments concerning this renewal, as well as additional
proposed extensions with Chile and Morocco and a newly proposed MOU with
Vietnam on or before January 27, 2025.
See https://www.federalregister.gov/documents/2024/12/30/2024-31255/cultural-property-advisory-committee-meeting To provide written comments, use https://www.regulations.gov, enter the docket
DOS-2024-0048 and follow the prompts. Alternatively,
try to use this direct link: https://www.regulations.gov/document/DOS-2024-0048-0001
You do not have to be a US Citizen to comment. In fact, it would be good for the State
Department to hear from collectors and members of the trade in Italy and
elsewhere about how import restrictions will negatively impact the people to
people contacts and appreciation of coins and the cultures that make them as well.
CPAC will also conduct a public hearing to accept oral
comments from the public on February 4, 2025 from1:00-2:00 PM EST. Id.
Those interested in providing oral comments must contact the State
Department Cultural Heritage center at CULPROP@state.gov
as indicated in the above notice on or before January 27, 2025 to express an
interest in speaking.
The Proposed Extension with Italy and the Possible
Expansion of Import Restrictions to Include Late Roman Republican and Roman
Imperial Coins
That MOU with Italy first authorized import restrictions on
Italian cultural artifacts from the Pre-Classical, Classical and Imperial Roman
periods in 2001. The restrictions were extended 2006 and again in
2011, 2016, and 2021. The 2011 renewal added new import restrictions on
Greek, early Republican and Provincial coins from the early Imperial
Period. Coins types from the later Roman Republic (post 211 BC) and
Roman Imperial Coins were excluded from any import restrictions.
No additional import restrictions have been imposed for
Italy, but since the last renewal in 2021, new import restrictions have been
imposed on Roman Imperial coins on behalf of
Afghanistan, Egypt, Pakistan and Ukraine despite evidence being
presented that comparatively few such coins are found in these countries. In addition, at a meeting attended by
representatives of the numismatic community, CPAC’s executive director
indicated that she “did not see a reason” why Roman Imperial coins could not be
restricted. Given this information,
the numismatic community must assume (absent clear assurances to the contrary
which have not been provided) that the extension of the current MOU with Italy
will be used to impose new import restrictions on Roman Imperial Coins—the heart of ancient coin
collecting—as well. Accordingly, if one feels strongly about
their continued ability to collect Roman Imperial and other historical coins
and artifacts, they should comment on the regulations.gov website.
Why? Because silence will only be spun as acquiesce.
So, serious collectors should oppose yet another renewal as
unnecessary and detrimental to the appreciation of Italian culture and the
people to people contacts collecting brings. Moreover, they should
clearly state under no circumstances should import restrictions be extended to
Roman Imperial coins. Collectors
should also weigh in generally on any potentially overbroad list for Vietnam as
well as the overbroad lists already place on coins from Italy and Morocco. For more, see https://accguild.org/news/13409276
There are no current import restrictions for Spanish Colonial or early
Republican era coins from Chile, but we shouldn’t take that for granted
either.
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 or micro businesses.
Private collectors and dealers support much academic research into coins.
A further clamp down on collecting will inevitably lead to less scholarship.
When 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 on behalf of 19
additional countries, with more import restrictions being considered.
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, the Ancient Coin Collectors
Guild has uncovered information about 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. See https://new.coinsweekly.com/news-en/customs-repatriation-to-greece-raises-questions/
Admittedly, CPAC seems to be little more than a rubber stamp
these days. 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.
Moreover, a past CPAC member who is a coin collector has confirmed that comments do matter because
they give support to those CPAC members supportive of collectors and
collecting.
For written comments, use http://www.regulations.gov, enter
the docket [DOS-2024-0048] and follow the prompts to submit your
comments. Alternatively, click this link (https://www.regulations.gov/document/DOS-2024-0048-0001
and click on the Blue “Comment Now” Button which should pull up a screen that
allows you to comment. (Please note comments may be posted only UNTIL
January 27, 2025 at 11:59 PM.)
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 why the renewal with Italy should be allowed to expire or be
limited. Question CPAC why it’s necessary to renew the Italian MOU
yet again when looting is under control due to Italy’s aggressive enforcement
efforts as well as economic development. Indicate how restrictions will negatively
impact your business and/or the cultural understanding and people to people
contacts collecting provides. Coin collectors should add that
it’s typically impossible to assume a particular coin (especially Roman ones)
was “first discovered within” and “subject to the export control” of
Italy. In fact, by far most Roman Imperial coins are found not in
Italy, but on the Empire’s frontiers. You might add that Italian
historical coins are very common and widely and legally available for sale
elsewhere, and point out the absurdity of restricting coins freely available in
Italy itself. Finally, you don’t have to be an American citizen to
comment—you just need to be concerned enough to spend ten or so minutes to
express your views on-line. Comments from Italian collectors and members
of the trade are particularly welcome!
To the extent you also want comment on the proposed MOU with
Vietnam, as well as the proposed renewals with Morocco and Chile, you can again
make the point that for the most part, coins found in those countries circulated
well outside their borders as well so its difficult to assume that any
particular coin is the “cultural property” of a given country.
Personalized comments are best, but feel free to use this
submission as a model:
Dear CPAC:
Enough is enough. The current MOU with Italy, which has been
in effect since 2001, should be allowed to lapse. It is no longer necessary
because Italy’s own aggressive enforcement efforts as well economic development
have greatly diminished any looting. Moreover,
the MOU negatively impacts legitimate collecting, the appreciation of Italian
culture and people to people contacts collecting brings. At a minimum, please
free all ancient coins from restriction. Such coins are openly and legally
available for sale within Italy itself. It makes absolutely no sense to
continue to restrict American access to what Italians themselves have enjoyed
since the Renaissance. Finally, please do not recommend new restrictions on late
Roman Republican and Roman Imperial Coins. As the products of a great empire,
these coins circulated throughout Europe, the Middle East and beyond. They
“belong” not to Italy, but to us all.
As for current and potential restrictions on other coins
from Vietnam, Chile and Morocco, I also oppose such restrictions. Again, as a general rule coins circulated
outside their modern borders in quantity, and one cannot assume that they are
the “cultural property’ of a given country.
Sincerely,
xxx
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