The United States MOU with Nicaragua has been extended for another five years. See
http://edocket.access.gpo.gov/2010/2010-26383.htm
Despite an indication that the State Department was considering an expansion of import restrictions into other areas (possibly religious art), that does not appear to have happened.
During the CPAC hearing on this renewal, the AAMD's counsel argued against such an expansion of the designated list, particularly because the State Department had not provided the public with adequate notice of what was contemplated. See
http://culturalpropertyobserver.blogspot.com/2010/07/cpac-meets-on-mou-with-nicaragua.html
We'll have to wait for the renewed MOU to be posted to see if any of the AAMD's other suggestions made it into the document.
Addendum: The revised MOU can now be found here:
http://exchanges.state.gov/media/office-of-policy-and-evaluation/chc/pdfs/ni2010mouextengii.pdf
The 2005 version of Art. II can be found here:
http://exchanges.state.gov/heritage/culprop/nifact/pdfs/ni2005mouext.pdf
It does not appear to have tightened any requirements of Art. II, and, if anything, seems to have loosened them a bit.
The AAMD and others have noticed the following pattern emerge. Source countries make promises to secure a MOU. They don't get around to implementing them. Five years later, the MOU is renewed anyway. Five years more pass. They still haven't implemented their promises, but rather than scaling back the MOU or dropping it all together, State agrees to loosen the requirements of Art. II.
Showing posts with label Nicaragua. Show all posts
Showing posts with label Nicaragua. Show all posts
Wednesday, October 20, 2010
Wednesday, July 14, 2010
CPAC Meets on MOU with Nicaragua
You might not think so based on the controversies related to the MOU's with Cyprus, China and Italy, but in fact most MOU's don't attract much attention. Such is the case with the MOU with Nicaragua, which was first agreed to in 2000 and extended again in 2005. Not that there was no room for debate. Though it will presumably be extended again, if the AAMD has its way, there will be some necessary changes.
There were only two speakers at today's public session, Alcides Montiel from the Embassy and Josh Knerly, representing the AAMD. Surprisingly, though some representatives of the archaeological community were present, none testified about the MOU.
It was left entirely to Mr. Montiel to argue for the renewal. He testified that the MOU should be renewed because artifacts continue to be smuggled out of the country, particularly to Spain. He also mentioned that 800 artifacts had recently been seized within the country from an illicit storehouse. He further indicated that draft legislation is being prepared for additional protection of cultural patrimony and that a dedicated police force is in the works.
CPAC Member Korver (trade representative) asked Mr. Montiel if given the worldwide recession, his country will seek relief from any of its obligations under Art. II of the current MOU. Mr. Montiel indicated he would need to confer with the authorities at home about this issue. In response to a question from CPAC Member Sandy Boyd (museum representative), Mr. Montiel indicated there are registered collectors in his country.
Josh Knerly questioned whether the MOU should be renewed at all, but seemed resigned to the fact that it will. He first asked whether the concerted international response requirement of the CPIA can really be met given the limited nature of the market in Nicaraguan cultural artifacts.
He next urged that Article II be modified to contain specific requirements. He found it troubling that Nicaragua was apparently just starting to address its promises of years past.
He also issued a challenge to the State Department to provide greater transparency about what restrictions are being considered. Although the Federal Register indicated that CPAC would consider expanded restrictions on ethnological artifacts, no additional detail was provided. Mr. Knerly indicated such secrecy makes formulating a response virtually impossible.
Based on recent expansions of the designated list for other Latin American countries, Mr. Knerly nonetheless guesses that Nicaragua seeks additional restrictions on religious art. If so, Mr. Knerly argues that such an extention would only reward Nicaragua for its failure to create a proper inventory of such religious art. Such inventoried artifacts are already barred from entry without the need to impose restrictions on all such art.
Finally, Mr. Knerly also explained that it is difficult to tell restricted pottery from Nicaragua from unrestricted pottery from Costa Rica. He urged CPAC to ensure there are efforts to create an accurate designated list that will make such distinctions clear. CPAC member James Willis (representing trade interests) mused that it might be impossible as a practical matter to create such a list.
While I expect the MOU to be renewed, it is possible it will receive greater scrutiny because diplomatic relations with Nicaragua's current government are not all that good.
There were only two speakers at today's public session, Alcides Montiel from the Embassy and Josh Knerly, representing the AAMD. Surprisingly, though some representatives of the archaeological community were present, none testified about the MOU.
It was left entirely to Mr. Montiel to argue for the renewal. He testified that the MOU should be renewed because artifacts continue to be smuggled out of the country, particularly to Spain. He also mentioned that 800 artifacts had recently been seized within the country from an illicit storehouse. He further indicated that draft legislation is being prepared for additional protection of cultural patrimony and that a dedicated police force is in the works.
CPAC Member Korver (trade representative) asked Mr. Montiel if given the worldwide recession, his country will seek relief from any of its obligations under Art. II of the current MOU. Mr. Montiel indicated he would need to confer with the authorities at home about this issue. In response to a question from CPAC Member Sandy Boyd (museum representative), Mr. Montiel indicated there are registered collectors in his country.
Josh Knerly questioned whether the MOU should be renewed at all, but seemed resigned to the fact that it will. He first asked whether the concerted international response requirement of the CPIA can really be met given the limited nature of the market in Nicaraguan cultural artifacts.
He next urged that Article II be modified to contain specific requirements. He found it troubling that Nicaragua was apparently just starting to address its promises of years past.
He also issued a challenge to the State Department to provide greater transparency about what restrictions are being considered. Although the Federal Register indicated that CPAC would consider expanded restrictions on ethnological artifacts, no additional detail was provided. Mr. Knerly indicated such secrecy makes formulating a response virtually impossible.
Based on recent expansions of the designated list for other Latin American countries, Mr. Knerly nonetheless guesses that Nicaragua seeks additional restrictions on religious art. If so, Mr. Knerly argues that such an extention would only reward Nicaragua for its failure to create a proper inventory of such religious art. Such inventoried artifacts are already barred from entry without the need to impose restrictions on all such art.
Finally, Mr. Knerly also explained that it is difficult to tell restricted pottery from Nicaragua from unrestricted pottery from Costa Rica. He urged CPAC to ensure there are efforts to create an accurate designated list that will make such distinctions clear. CPAC member James Willis (representing trade interests) mused that it might be impossible as a practical matter to create such a list.
While I expect the MOU to be renewed, it is possible it will receive greater scrutiny because diplomatic relations with Nicaragua's current government are not all that good.
Wednesday, June 16, 2010
CPAC Hearings on Nicaragua and Bolivia
Today's Federal Register indicates CPAC will hold a public meeting to consider whether the current MOU with Nicaragua will be extended. See http://edocket.access.gpo.gov/2010/2010-14502.htm and http://edocket.access.gpo.gov/2010/2010-14531.htm CPAC will also conduct a closed interim review of the MOU with Bolivia during the same meeting.
The notice also indicates that "possible additional restrictions on certain ethnological material" will be considered in the context of the Nicaraguan renewal, but provides no further detail.
This is actually an improvement over prior practice. Just in May, coin collectors and representatives of the numismatic trade appeared in force at a CPAC meeting on Italy because they were unsure whether new restrictions on coins would be considered in the context of that renewal hearing. Whether Italy has actually formally requested new import restrictions on coins remains a mystery.
In 2007, the first public notice of Cyprus' request to extend import restrictions to coins in the context of a renewal came at the public session of CPAC itself.
The notice also indicates that "possible additional restrictions on certain ethnological material" will be considered in the context of the Nicaraguan renewal, but provides no further detail.
This is actually an improvement over prior practice. Just in May, coin collectors and representatives of the numismatic trade appeared in force at a CPAC meeting on Italy because they were unsure whether new restrictions on coins would be considered in the context of that renewal hearing. Whether Italy has actually formally requested new import restrictions on coins remains a mystery.
In 2007, the first public notice of Cyprus' request to extend import restrictions to coins in the context of a renewal came at the public session of CPAC itself.
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