Wednesday, September 17, 2025

Summary of CPAC Meeting to Discuss Proposed Cultural Property Agreement with Cameroon, Renewals of Cultural Property Agreements with Colombia and Türkiye, and a Renewal of Emergency Import Restrictions for Afghanistan

 On September 15, 2025, the US Cultural Property Advisory Committee (CPAC) met in a virtual public session to accept comments regarding a proposed Cultural Property Agreement  (CPA) or Memorandum of Understanding (MOU) with Cameroon, Renewals of current CPAs with Colombia and Türkiye, and a renewal of current “emergency” import restrictions with Afghanistan.

The Bureau of Educational and Cultural Affairs’ (ECA’s) website describes these requests as follows:

https://www.state.gov/cultural-property-advisory-committee-meeting-september-15-17-2025/  (last visited September 15, 2025).

Cameroon

The Government of the Republic of Cameroon seeks protection for archaeological and ethnological materials from 100,000 B.C. to the 19th century A.D., from the following time periods and cultures: Paleolithic (circa 100,000 – 2,000 B.C.), Neolithic (circa 9,000 – 500 B.C.), Metal Age (circa 3,000 – 300 B.C.), Historic Period (circa 1500 A.D.), Ethnological Period (circa 1,000 B.C. – 19th century A.D.), including objects made from stone (tools and weapons), ceramic (pottery and vessels), metal (jewelry, weapons, tools), fossil and bone (human and animal remains). The ethnological materials requested include objects made from wood (masks, statues, furniture), metal (jewelry, weapons, tools), textiles (ceremonial clothing, tapestries, embroidery), animal skins (clothing, drums, ritual objects), and bone (jewelry, tools, ritual objects).

Afghanistan

Extending emergency import restrictions unilaterally imposed by the United States on archaeological and ethnological material from Afghanistan would continue import restrictions on categories of archaeological material ranging in date from the Paleolithic Period (50,000 B.C.) through the beginning of the Durrani Dynasty (1747 A.D.), and ethnological material ranging in date from approximately 800 A.D. to 1920 A.D.

Colombia

Extending the Colombia MOU would continue import restrictions on categories of archaeological material ranging in date from approximately 1500 B.C. to 1530 A.D., and ecclesiastical ethnological material of the Colonial period ranging in date from approximately 1530 A.D. to 1830 A.D.

Türkiye

Extending the Türkiye MOU would continue import restrictions on categories of archaeological material ranging in date from approximately 1.2 million years ago to 1770 A.D., and ethnological material ranging in date from the 1st century A.D. to 1923 A.D.

The CPAC members did not introduce themselves before the public session, but CPAC currently includes the following individuals, all  appointed by President Biden: (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)).

There were also Bureau of Educational and Cultural Affairs (ECA) Cultural Heritage Center staff present, presumably including Glen Davis, Director of the Cultural Heritage Center and Andrew Zonderman, who is serving as CPAC’s Executive Director.  Messrs. Davis and Zonderman are new to their positions.  

The meeting was conducted entirely on Zoom.  None of the CPAC or ECA staff identified themselves to the speakers, so it was difficult to ascertain who attended the meeting.

The Chair, Alexandra Jones, welcomed the speakers.  She thanked the speakers for attending, indicated that all comments had been read, and that speakers should try to limit themselves to under five minutes each given the number of presenters. 

Dr. Ömür Harmanşah spoke as the Vice President for Cultural Heritage, Archaeological Institute of America (“AIA”).  Given time constraints, he focused his comments on Türkiye and Afghanistan.  He stated that Congress chartered the AIA in 1906 and that today it has over 100,000 members which includes professionals and members of the interested public.  Dr. Harmanşah argued that all four countries suffered from looting which is a global phenomenon. He praised Türkiye’s hosting of American archaeologists at long-term digs in places like Sardis.  He noted that the Afghan National Museum had partnered with the University of Chicago to document continued looting in the country after the Taliban took power.  Dr. Harmanşah himself has helped document looting in Türkiye.  Türkiye has taken strong measures to protect its own cultural heritage, including enforcement, repatriation efforts, the creation of museum inventories and the creation of a new “Red List” of Turkish archaeological materials at risk from looting.   Türkiye has also sent exhibitions to the US, including one about the Golden Age of Midas that was displayed at the University of Pennsylvania. 

The AIA’s written comments about the proposed renewal of emergency import restrictions for Afghanistan can be found here:  can be found here:

https://www.regulations.gov/comment/DOS-2025-0203-0088

The AIA’s written comments on the proposed MOU with Cameroon can be found here:

https://www.regulations.gov/comment/DOS-2025-0203-0089

The AIA’s written comments about the renewal with Colombia can be found here:

https://www.regulations.gov/comment/DOS-2025-0203-0086

The AIA’s written comments about the renewal with Türkiye can be found here:

https://www.regulations.gov/comment/DOS-2025-0203-0085

Peter Tompa spoke as executive director for the International Association of Professional Numismatists (IAPN).  He indicated that IAPN opposed renewals for Afghanistan and Türkiye and takes no position on a MOU for Cameroon or a renewal for Colombia as long as coins are not included.  He focused his comments on Afghanistan and Türkiye, stating that both renewals raised fundamental contradictions that could not be reconciled.  He referenced the Taliban’s past destruction of historic statues and current blessing of a Chinese copper mine that will swallow up an important Buddhist site.  He further stated that ongoing looting with the full knowledge of local warlords who have pledged allegiance to the Taliban cannot be considered an “emergency.”   As for Türkiye, he noted that its government’s aggressive repatriation efforts abroad must be contrasted with its encouragement of treasure hunting on Jewish and Christian sites at home as well as its conversion of historic churches into mosques.   He further stated that extensive “designated lists” that cover coins that circulated regionally and internationally only hurt legitimate trade.  As a solution, he suggested that the Trump Administration apply the Administrative Procedure Act to the creation of designated lists and the Civil Asset Forfeiture Reform Act to enforcement. 

Peter Tompa’s oral statement can be found here: 

https://culturalpropertyobserver.blogspot.com/2025/09/renewals-for-afghanistan-and-Türkiye.html

IAPN’s written comments on proposed renewal of emergency import restrictions for Afghanistan can be found here:

https://www.regulations.gov/comment/DOS-2025-0203-0035

IAPN’s written comments on renewal with Colombia can be found here:

https://www.regulations.gov/comment/DOS-2025-0203-0032

IAPN’s written comments on the renewal with Türkiye can be found here:

https://www.regulations.gov/comment/DOS-2025-0203-0038

Peter Tompa’s personal comments can be found here:

https://www.regulations.gov/comment/DOS-2025-0203-0059

Dr. John Hoopes (University of Kansas) spoke in support of a renewal of the MOU with Colombia.  He has excavated in the country for 30 years.  Pottery and gold artifacts are sought by looters, making the renewal of the current MOU to be essential in helping to protect Colombia’s cultural heritage.  There are many sites yet to be excavated, just being discovered with the help of modern imaging techniques. 

Kate FitzGibbon spoke as Executive Director of the Committee of Cultural Policy (CCP) against the renewal of the current emergency import restrictions on behalf of Afghanistan. FitzGibbon has a special interest in the country after living there for 30 years working primarily with Afghan women who make textiles.  FitzGibbon raised four main points.  First, any renewal is inconsistent with statutory intent.  The Cultural Property Implementation Act (CPIA) § 2603 only authorizes narrow, time-limited, exceptional measures when there is an immediate crisis—targeted to clearly defined categories that meet an evidentiary emergency standard—so that US border controls can actually reduce the incentive for pillage. Congress did not design § 2603 to function as a rolling, multi-year embargo across whole civilizations. Second, the destination problem is real and unavoidable. Under the CPIA’s return rule, designated material forfeited in the US must first be offered back to the State Party. Today that means return to the Taliban and their Interior Minister, Sirajuddin Haqqani, a US-wanted terrorist.  Third, the policy is mis-aimed.  The Afghan government, not the US art market, is the problem.  The most acute threats to Afghanistan’s heritage today are state-sanctioned or militia-enabled extractions and earthmoving, most notably the destruction of the important Buddhist site of Mes Aynak to mine copper.  Finally, the emergency standard has been stretched past recognition. A catch-all designated list spanning 70,000 years of culture through A.D. 1920, renewed in five-year blocks, is not what § 2603 authorizes.  Such a broad designated list only hurts legitimate trade and threatens to sweep up and repatriate the personal property of Afghan refugees.  Instead, the US Government should prioritize diaspora protection and safe-haven pathways and create custodial trusteeship options with US museums and libraries for Afghan materials until a legitimate government exists.

Testimony opposing the Afghan renewal submitted on behalf of the CCP and its sister organization, the Global Heritage Alliance (GHA), can be found here:

https://www.regulations.gov/comment/DOS-2025-0203-0091

FitzGibbon also submitted written testimony on behalf of the CCP and GHA that opposed or questioned aspects of new or renewed MOUs with Cameroon, Colombia and Türkiye.  

The CCP’s and GHA’s written testimony on a proposed new MOU with Cameroon can be found here:

https://www.regulations.gov/comment/DOS-2025-0203-0079

The CCP’s and GHA’s written testimony on a proposed renewal of a MOU with Colombia can be found here:

https://www.regulations.gov/comment/DOS-2025-0203-0080

The CCP’s and GHA’s written testimony on a proposed renewal of a MOU with Türkiye can be found here:

https://www.regulations.gov/comment/DOS-2025-0203-0083

Randy Myers spoke as a board member on behalf of the Ancient Coin Collectors Guild (ACCG). He also spoke on behalf of the American Numismatic Association (ANA).  He touched on several points related to the renewals for Afghanistan and Türkiye.  First, he indicated the time provided to comment of 31 days is inadequate; instead a full 60 days should be provided as set forth in the Administrative Procedure Act.   Second, Myers noted that current import restrictions on coins ignore the statutory provisions that limit them to archaeological objects of “cultural significance” that were “first discovered within” and “subject to export control” of a given country.  He emphasized that unlike many ancient artifacts, coins are mass produced, with dies used to strike 13,000 coins each.  This large production of coins combined with their wide dispersion means that one cannot assume that particular coin types are found in a given country.  For example, coins on the current designated list for Türkiye are found as far West as Spain and as far East as India.  Finally, he notes that the State Department has produced no information to suggest that the MOU with Türkiye has been effective.

The ACCG’s and ANA’s written comments regarding the renewal of emergency import restrictions for Afghanistan can be found here:

https://www.regulations.gov/comment/DOS-2025-0203-0030

The ACCG’s and ANA’s written comments regarding the renewal of the CPA with Türkiye emergency can be found here:

https://www.regulations.gov/comment/DOS-2025-0203-0031

Elias Gerasoulis spoke as executive director of the GHA and also as a board member of the American Hellenic Institute to oppose the Turkish renewal.  The Turkish CPA should not be renewed because it will only further encourage Türkiye to erase the cultural heritage of its displaced minority Christian and Jewish populations. Türkiye has tried to rewrite the histories of its historic churches.  It has licensed looting of Christian and Jewish sites.  It has precluded Christian religious orders from owning their own property.  It has occupied a significant part of Cyprus, looting and destroying numerous churches.  It’s government actively works against religious freedom. 

Lucy Varpetian appeared on behalf of the Armenian Bar Association.  The Armenian Bar Association submitted comments, but Ms. Varpetian used her time to read a letter to CPAC from Congressman Gus Bilirakis (R-Florida) opposing a renewal of the MOU with Türkiye.   Congressman Bilirakis wrote CPAC as a co-chair of the Congressional International Religious Freedom Caucus.  That letter noted that Türkiye had failed to protect the cultural heritage of its religious minorities, most notably by converting historic churches into mosques.  The asking that the MOU not be renewed, Bilirakis concludes that, “[t]he government that destroys its minorities’ historical property should not have the right to repatriate them at their pleasure.” 

The Armenian Bar Association’s written comments can be found here: 

https://www.regulations.gov/comment/DOS-2025-0203-0072

After this presentation, one CPAC member (William Teitelman?) noted he was Jewish and indicated to Ms. Varpetian that the concerns of religious minorities would be considered. 

Rabbi Eric Fusfield is Deputy Director, International Center for Human Rights and Public Policy, Director of Legislative Affairs, B'nai B'rith International. He argues that there should be a carve out from current import restriction for Türkiye for ritual and ceremonial objects.   These are currently found on the designated list for Türkiye, but they really belong to Jewish and Christian communities, not the Turkish state.  Rabbi Fusfield holds up a Kiddish cup as an example.  His wife’s family comes from a Middle Eastern country, and they were not allowed to take such items with them when they were forced to flee.  If these items remain on “designated lists,” he thinks such items that may be seized by US Customs should be turned over to the communities in exile, particularly whereas in Türkiye there are so few members of the Jewish faith still living there these days.

Dr. Peri Johnson is an archaeologist teaching at the University of Illinois Chicago.  She supports a renewal of the CPA with Türkiye because looting is still a major problem there.  She has seen instances where heavy machinery was brought in to help loot sites.  Around 50% of the archaeological digs in Türkiye are meant to rescue items before they can be taken by looters. 

Dr. Elizabeth Prodromou is a visiting professor in the international studies program at Boston College.  Prodromou served a diplomatic appointment on the US Commission on International Religious Freedom (2004-2012), and she was a member of the US Secretary of State’s Religion & Foreign Policy Working Group (2011-2015).  Dr. Promdmou believes that the current agreement is in violation of Article 9 of the UNESCO Convention because it can be seen as “green lighting” Türkiye’s erasure of minority cultures, most recently the conversion of the Cathedral of Ani into a mosque. The renewal of the MOU should be rejected, but if it is renewed, there should be an individualized provenance review for contested items to determine whether the object was originally created by a community that no longer exists in modern Türkiye or whose property rights have not been acknowledged.

Dr. Prodromou’s written testimony, joining the comments of the Armenian Bar Association, can be found here:

https://www.regulations.gov/comment/DOS-2025-0203-0078

Dr. Simon Maghakyan is a postdoctoral fellow at the University of Oxford. He indicates his support of the comments of the Armenian Bar Association.  He indicates that another reason the MOU should be rejected is on account of Türkiye’s support for Azerbaijan in its war to erase Armenian culture heritage in Nagorno-Karabakh.  He also notes that he has studied and written a Newsweek article about state-sanctioned treasure hunting of former Armenian areas in Türkiye.  This article is cited in the Armenian Bar Association’s comments at page 3. He urges CPAC to adopt the 6 safeguards proposed in the Armenian Bar Association’s comments.  These safeguards are discussed in depth at pages 6-7 of those comments.

Dr. Brian Rose is the James B. Pritchard Professor of Archaeology at the University of Pennsylvania in the Classical Studies Department and the Graduate Group in the Art and Archaeology of the Mediterranean World. He is also Peter C. Ferry Curator-in-Charge of the Mediterranean Section of the Penn Museum.  He supports the renewal of the MOU with Türkiye believing that it is essential to help combat continued looting in the country.  Türkiye has taken adequate measures to protect its own cultural heritage.  These include the use of drones to surveil sites and an active repatriation program, with the help of the Manhattan DA’s office.

One CPAC member (William Teitelman?) asks Dr. Rose about Türkiye’s aggressive efforts to erase minority cultures.   Dr. Rose can only say he has not personally seen any such activities and that the Turkish colleagues he deals with respect all cultures.  He also indicates that he is aware of Türkiye’s efforts to turn Hagia Sophia into a mosque but offers no other comments. 

Monday, September 15, 2025

Cultural Property Agreement Renewals for Afghanistan and Turkey Raise Unreconcilable Contradictions

This is what I said at today's CPAC hearing:  

Thank you for this opportunity to speak on behalf of the International Association of Professional Numismatists.  IAPN opposes renewals for Afghanistan and  for Turkey.  IAPN takes no position on a new MOU for Cameroon or a renewal for Colombia, but opposes any import restrictions on coins.  The coins that circulated in these two countries simply don’t meet the criteria for either archaeological or ethnological objects.  Historical coinage that circulated in Colombia was also US legal tender before 1857 and the first official issues of Cameroon were late 19th century coinage of the German Empire.

I would like to focus my comments today on Afghanistan and Turkey.  Both renewals raise fundamental contradictions that cannot possibly be reconciled.

Proponents argue that import restrictions promote cultural heritage preservation and are only directed against keeping recently looted material off the market.  However, such claims are misleading at best given the reality on the ground in both countries and the way US Customs enforces  import restrictions as embargoes on material imported from legal markets abroad, chiefly in Europe.  

Afghanistan’s Taliban rulers blew up the  Bamiyan Buddhas and smashed statuary at the Kabul Museum.  More recent efforts at bribing them into caring with money for “conservation projects” can’t compete with Chinese business interests which are in the process of destroying a major Buddhist site at Mes Aynak to mine copper.   Moreover, any looting has been going on for decades, all under the watchful eyes of local warlords.  The only difference now is that they pledge allegiance to the Taliban.  Such long term looting with the full knowledge of government authorities simply does not qualify as an  “emergency.”   Finally, despite the AIA’s claims to the contrary, Section 1216 of the National Defense Authorization Act is no safe harbor provision because it only covers institutional loans.  In fact, US law requires repatriation to the Taliban once diplomatic relations are restored, and  any decision will be made on a basis other than the safety of the objects.

Meanwhile, Erdogan’s aggressive repatriation efforts abroad must be contrasted with his government’s active promotion of  “treasure hunting” at former Jewish and Christian sites at home.  This is just another provocation directed at minority religious groups like the conversion of Hagia Sophia and the Cathedral at Ani into mosques. 

For coins, extensive “designated lists” which cover coins that circulated regionally or internationally only hurt legitimate trade.  Efforts to limit such lists to coins “sourced” to Afghanistan or which “circulated primarily” in Turkey are meaningless since US Customs seizes coins based on their  “type” alone.  That means pretty much all ancient and early modern coins are now at risk unless the importer can prove the “negative” that they were out of a given country before the effective date of the governing regulations or for at least 10 years    While  enforcement has been spotty, it does occur with the results being that collectors have their property taken with little, if any, “due process.” 

Going forward, the best solution would be for the Trump Administration to make  preparing designated lists  subject to the Administrative Procedure Act and for any detentions, seizures and forfeitures of cultural property to be subject to the Civil Asset Forfeiture Reform Act of 2000.  The former would require the government to justify the inclusion of specific coin types in the designated lists and the latter would help  ensure that import restrictions only apply in situations where there was some evidence that the coin in question was illicitly exported from a country with a MOU or emergency restrictions after the date of the governing regulations.

Thank you for your consideration of the views of the micro businesses of the numismatic trade.

Tuesday, September 2, 2025

Time Again to Tell the Cultural Property Advisory Committee What You Think About Import Restrictions on Coins for Taliban Afghanistan and Erdogan’s Türkiye

 The State Department has announced a Cultural Property Advisory Committee (CPAC) Meeting to consider renewals of current “emergency” import restrictions on behalf of Taliban Afghanistan, and the renewals of current cultural property memorandums of understanding (MOUs) with Erdogan’s Türkiye and Colombia.  CPAC will also consider a new MOU with Cameroon.

The State Department’s announcement can be found here:  https://www.state.gov/cultural-property-advisory-committee-meeting-september-15-17-2025/

The State Department is soliciting comments here:  https://www.regulations.gov/document/DOS-2025-0203-0001

Comments are due on or before September 8, 2025.

The renewals for Afghanistan and Türkiye should be controversial because they prioritize soft power efforts directed at a terrorist state (Afghanistan) and an authoritarian one (Turkey) over the interests of American collectors, museums, and the trade in cultural goods.  For coin collectors, the big issue is the grossly overbroad designated lists for both countries that cover coins that circulated regionally or internationally.   There are currently no import restrictions for coins for Colombia, and it does not appear that Cameroon is requesting any restrictions, likely because coins were not used there until recently.

The other big issue relates to enforcement.  Unfortunately, in the only case that addressed the issue, courts in the US Fourth Circuit gave Customs a “green light” to detain, seize and repatriate coins for no other reason that they were of types on a “designated list” for import restrictions.  This puts collectors importing such coins at risk because it is often difficult, if not impossible, to produce the documentation necessary for legal import under current “safe harbor” procedures.

For further details about these MOUs and emergency restrictions and how to comment see this solicitation from the Ancient Coin Collectors Guild https://accguild.org/news/13533301 as well as this critique from the Cultural Property Observer blog: https://culturalpropertyobserver.blogspot.com/2025/08/soft-power-love-for-taliban-trump-state.html  Again, comments are due on or before September 8, 2025, with the CPAC hearing to take place on September 15, 2025, via a Zoom video conference. 

What should you say? It’s better to write in your own words about how import restrictions hurt your ability to  access coins and learn more about other cultures or even get in touch with your own cultural heritage.  However, here is a model for you to consider:

Please do not renew current import restrictions that prioritize the interests of a terrorist state (Afghanistan) and an authoritarian one (Türkiye) over the rights of American coin collectors.  If you nonetheless renew these agreements, please ensure that the designated lists are rewritten so that it is absolutely clear that they do not impact coins legitimately imported from legal markets abroad, particularly those in Europe.  Coin collecting is a hobby that promotes cultural understanding and relationships with collectors abroad.  It is troubling that the State Department Bureau of Cultural Affairs is behind efforts that do considerable damage to a hobby that actually promotes the cultural understanding the Bureau supposedly aims to foster.