Archaeologists for Assad?

UNESCO's Bulgarian Ex-Communist Director-General has praised Syria's Director-General for Antiquities and Museums in glowing terms.

“'When history books teach children about those who contributed to conserving Syrian heritage during the devastating conflict in Syria, Dr Maamoun Abdulkarim will be at the top of the list, along with all others who have been so dedicated and deserving of the world’s respect for their relentless, humanist commitment', said UNESCO Director General, Irina Bokova."

What appears lost on UNESCO and members of the archaeological lobby who have also sung Abdukarim's praises is the fact that the Assad regime, which Abdulkarim serves, itself has been responsible not only for mass murder, but for the looting and the intentional destruction of Syrian cultural patrimony.  Indeed, Assad, like other Arab Strongmen, appears all too willing to use and abuse archaeology for his regime's own political purposes.  So, why should Abdulkarim be praised at all?

Eakin Criticizes Establishment Approach

Hugh Eakin, writing for the New York Review of Books, criticizes the approach of the US and other governments to cultural destruction in Syria.  That approach has focused almost entirely on import restrictions, criminal sanctions and giving millions to archaeological groups to "study" the issue.  In contrast, efforts to protect objects on a local level (like an initiative of the University of Pennsylvania and Smithsonian) lack much needed funding.

Meanwhile, the Antiquities Coalition, a well-funded archaeological advocacy group that promotes "public-private partnerships" with authoritarian Middle Eastern governments, has held much ballyhooed  conferences in New York and Amman, Jordan, that have advocated just more repression. Should we be surprised?

Syrian Import Restrictions Imposed

US Customs has published a very extensive list of "Syrian" artifacts now restricted pursuant to the "Protect and Preserve International Cultural Property Act."  Coin collectors should special take note that that the "designated list" includes all coins minted and circulated in Syria through the Ottoman period.

Now that restrictions are in place, two important enforcement issues remain.  First, will Customs only detain, seize and seek the forfeiture of artifacts on the new designated list "unlawfully removed from Syria on or after March 15, 2011?"  Or, will Customs revert back to its current extralegal practice of detaining, seizing,  and seeking the forfeiture of anything that looks remotely like it appears on the designated list and then require the importer to "prove the negative?"  One can only hope that the explicit directions  of the measure's sponsor, Congressman Elliot Engel, emphasizing the limits on Customs' discretion will control.

Second, what will happen to any artifacts that are seized and forfeited under the regulations?   When the  "Protect and Preserve International Cultural Property Implementation Act" was first introduced, there was a real hope the Assad regime would be replaced by a far more Democratic alternative.  No more.  So, will Customs and the State Department still follow current practice and repatriate the artifacts to the Syrian Government which means the Assad regime?  And, if so, what does that really say about the wisdom of the statute and the US Government's current emphasis on repatriation over preservation?

Mass Destruction or Mass Deception?

Anti-trade academic Neil Brodie apparently thinks ISIS must be selling coins to fund itself based on the appearance of 23 "new" Syrian Tetradrachms on the market per year since the start of the Syrian civil war.  According to the study Brodie cites, this is an increase in the average of 17 "new" coins per year that appeared previously.

However, even assuming the increase can possibly be attributed to ISIS as opposed to the Assad regime, the "Free Syrian Army," destitute Syrian refugees selling off their own collections, or some new find outside Syria, the amounts of money sales of such coins could possibly generate won't do much to help fund a terrorist army. 

So, the appearance of so few "new" coins on the market, if anything, underscores the fact that the amounts ISIS must really be making from antiquities sales is probably quite minimal in reality, despite the best efforts of the archaeological lobby to justify the millions of dollars it has received from the State Department and other sources to "study" the issue and lobby for further crack-downs on collecting.

Antiquities Coalition Funded Study Belatedly Debunks Wild Antiquities Coalition Numbers

Fiona Rose Greenland, who is funded by the Antiquities Coalition and University of Chicago, has debunked wild claims about the value of antiquities stolen by ISIS.  Ironically, in so doing, Ms. Greenwald calls into question some of the more dubious claims made by the Antiquities Coalition, one of her study's sponsors.

Of course, this new information comes too late to impact the debate on HR 1493, which has already passed Congress.

HR 1493: The View from Beirut; Propaganda vs. the Reality on the Ground

Franklin Lamb, a sympathizer of the Assad regime, states in an article he published in April that US Congressional sources told him that Palmyra's recapture by Syrian Government forces helped move HR 1493 forward.  Yet, while Palmyra is a rallying cry for Assad's propaganda machine, Syrian government forces shelled it when it was initially in rebel hands, looted it when it was previously in government hands, and with its recapture, have given over part of the site so that it can be turned into a Russian military camp.  This again begs the question whether repatriation contemplated under HR 1493 to Syria and its government is a good thing.

HR 1493 Becomes Law

Congressman Engel, HR 1493's sponsor, has issued a press release to mark the passage of the bill into law.  CPO finds it a bit ironic that the press release indicates that Prof. Patty Gerstenblith actively lobbied for the bill that allowed the State Department to bypass the Cultural Property Advisory Committee she chairs before imposing import restrictions.  The numismatic trade and collector's groups supported CPAC review under the CPIA's well established procedures, and it unclear why Prof. Gerstenblith sought to cut out her own Committee from the process.

Worth the Wait?

The House has approved the Senate's trimmed down version of HR 1493.  Now, the legislation will go to President Obama for signature.

Both bills included Syrian import restrictions, but the Senate did away with a controversial new State Department "Cultural Property Czar" in favor of recommending a coordinating committee.  In addition, the Senate bill strengthened the House "safe harbor" provision for certain Syrian antiquities brought into the country for protection by Museums.

As much of the delay in passing the legislation appears related to the proponent's desire to use the Syrian crisis as a justification for the creation of a new State Department enforcement bureaucracy, CPO wonders whether all this again begs the question whether it's really about "cultural heritage preservation" or "bureaucratic fiefdom building" and "control."

Assad to Be Ultimate Beneficiary of HR 1493?

The Senate has passed HR 1493, a bill which imposes import restrictions on cultural goods removed illegally from Syria. The measure is not yet law because there needs to be conference with the House and new votes before one bill is sent to the President.  

The major differences between the Senate and House versions are that the Senate substitute includes a stronger "safe harbor" measure for Syrian antiquities and deletes a proposed State Department "Cultural Property Czar."     

Probably not coincidentally, the vote came the same day the well-funded and politically connected Antiquities Coalition unveiled its own proposals for more repressive measures and regulation largely aimed at the antiquities trade, museums and collectors.   Proposals for source countries are promised, but not yet revealed.  There appears to be no need for proposals aimed at what archaeologists can do to preserve cultural heritage.   

CPO attended the event.  CPO commends two speakers, Professor Patty Gerstenblith, and Dr. Al-Azm, for their acknowledgement that the Assad regime is part of the problem and not part of the solution.  Indeed, Prof. Gerstenblith stated in no uncertain terms that the Assad regime has probably killed more people, destroyed more cultural heritage, and looted more artifacts than ISIS.   The only difference is that Assad's forces don't use social media to publicize their evil deeds.

So, CPO remains skeptical of Dr. Gerstenblith's efforts to pooh pooh the concern that antiquities seized under HR 1493 will ultimately be repatriated to the Assad regime.   The CPIA -- which HR 1493 does not change-- certainly requires seized artifacts to be offered to the source country.  And given the realities on the ground or in the air in this case-- what with Russian air power bolstering the regime-- it certainly looks like Assad will be the victor to whom these spoils ultimately will be returned.  

Reality or Just More Russian Propaganda?

Russia's UN Ambassador is pointing his finger at Turkey as the trans-shipment point for $150-$200 million in antiquities stolen by ISIS.  The material is then supposedly sold on Western (not Russian) Internet auction sites.  But the total value of all artifacts of possible Middle Eastern origin listed on those sites must be a very small fraction of this number (which itself appears greatly exaggerated).

Are the Russian UN Ambassador's claims based on reality or are they just more propaganda aimed at Assad's enemy, Turkey, and the West and its Internet-based economy?

Update (4/10/16):  It looks like Russia's UN Ambassador has mistaken the value of the legitimate trade for the value of antiquities looted by ISIS.   CPO will let its readers decide whether this was an honest mistake or not.

Assad No Friend of Palmyra and its People

French archaeologist Annie Sartre-Fauriat explains that Palmyra is just another pawn for Assad and his regime.  According to Sartre-Fauriat, Assad's military first bombarded the site and then looted it, before abandoning it to ISIS in the hopes that what ISIS would do to the site would help encourage Western intervention on Assad's behalf.  That didn't happen, but Assad's and Putin's propaganda machines have made the most out of Palmyra's recapture.   Of course, Palmyra and its modern population are best out of ISIS' hands, but Assad's record is far from ideal.

After the Fall

What was found at Palmyra after its recapture by Assad forces again questions the narrative that ISIS is looting classical antiquities for profit.    CPO has always thought ISIS serious about its iconoclastic religious beliefs and what was done at the museum in Palmyra supports that.   Valuable classical statuary was destroyed rather than sold.  And what of looting at the site?  According to one archaeo-blogger, the distinct lack of looter's holes on the recaptured site is also "embarrassing" for the State Department's "ISIS narrative."  

That is not to say that there is no looting in Syria, but rather that the extent of it has likely been exaggerated. Moreover, isn't it also at least possible that major sellers of classical (as opposed to "acceptable" Islamic antiquities) are associated with the Assad regime, the Free Syrian army and/or destitute refugees (who may be selling family heirlooms rather than recently looted objects) as opposed to the iconoclasts of ISIS?

State Department Expresses Qualms Over Liberation of Palmyra from ISIS

Russian propagandists are having a field day with our State Department's apparent indifference to the Assad regime's liberation of Palmyra and its scarred  UNESCO World Heritage Site from ISIS.

CPO is a bit puzzled by the State Department stance given all the emphasis that has been placed on "saving" Syrian cultural patrimony.   And, isn't the point of the State Department Bureau of Educational and Cultural Affairs sponsored HR 1493 to repatriate undocumented Syrian cultural artifacts to the same Assad regime anyway?

CPO has serious qualms about repatriating any undocumented artifacts to the Assad regime because of its own part in destroying and looting Syrian cultural patrimony, but, even so, we should all be happy if ISIS is driven away from Palmyra given all the destruction it has caused to the ancient city and death it has visited on the city's modern inhabitants.

Update (3/28/16):  The State Department has issued a clarification.  The State Department now indicates despite its opposition to Assad, it welcomes Palmyra's liberation from ISIS.

A$OR

The American Schools of Oriental Research have received over $2.1 million in grants from the US State Department and National Foundation for the Arts and Humanities, presumably to study ISIS and looting and cultural destruction in Syria and Iraq.

Meanwhile, credible estimates of the amount ISIS is making from illicit antiquities sales range from several hundred thousand to several million dollars.

What's wrong with this picture? 

Undocumented Artifacts to be Awarded to Assad?

When H.R. 1493 was first proposed, there was hope that the Assad regime would be replaced with a  government more representative of the wishes of the Syrian people.  Now, however, as H.R. 1493 has advanced in the legislative arena, so have the prospects of the Assad regime, courtesy of strong military support from its ally, Putin's Russia.

Of course, Russia was also the sponsor of the UN Security Council resolution that is the major justification for HR 1493's proposed Syrian import restrictions and Turkey has already come under criticism from the archaeological lobby for its failure to repatriate artifacts to Assad. 

So, how long before U.S. Customs and our State Department send undocumented "Syrian" artifacts back to the Assad regime, despite its involvement in looting in places like Apamea and bombing of places like the old City of Aleppo?

Progress on HR 1493

The Senate Foreign Relations Committee has passed a much modified version of HR 1493, a bill designed to protect cultural property in times of war and civil strife.  The Senate's version of the bill is not yet available on-line, but CPO has had an opportunity to review its provisions.  Most importantly, the Senate substitute legislation replaces a controversial State Department "Cultural Property Czar" found in the House version with a sense of Congress that the President should establish an inter-agency task force to coordinate a US Government response to protecting international cultural property in times of war or civil strife.  The bill authorizes import restrictions on Syrian cultural artifacts-- consistent with the provisions of the Convention on Cultural Property Implementation Act, but also strengthens provisions for "safe harbor" for Syrian artifacts compared to the House version of the bill.

HR 1493's sponsor, Ranking Minority House Foreign Relations Committee Member Congressman Elliot Engel,  has welcomed the Senate's actions.  So, CPO suspects the Senate's changes were likely worked out in advance with Engel and his staff. If true, that should help expedite passage of the measure and any House-Senate conference.

The major remaining concern deals with how such restrictions will be implemented.  Will the State Department and US Customs revert to standard operating procedure and restrict items solely based on them being of a type manufactured in Syria hundreds or thousands of years ago? Or will the governing UN Resolution and statutory intent be honored so that restrictions only apply to artifacts illegally removed from Syria after the start of its civil war?

2/10/16 Update:  The text of the Senate Foreign Relations Committee version of the bill is now available here.

How Much Money is ISIS Making from Antiquities?

The Gates of Nineveh blog contains this comprehensive analysis of the issue.  The answer, something, but nowhere near as much as has been claimed.

New York Times Falls for Opinions Peddled as Fact?

So wonders Judith Dobrzynski, an experienced journalist.  Indeed.

ISIS Crisis: Likely Fake Seized Months Ago Used as Justification for New Laws?

The archaeological lobby in both the United States and Germany are joined at the hip with the foreign policy bureaucracies of both countries.  In the US, the State Department's Bureau of Educational and Cultural Affairs has worked closely with archaeological groups like the Archaeological Institute of America and the American Schools of Oriental Research for years.  In Germany, the German Archaeological Institute is similarly linked to the German Foreign Ministry.

Moreover, both the US State Department and the German Foreign Ministry have recently decided that repatriation is a "soft power" measure that can further foreign relations with source countries in Southern Europe and the Middle East.  And the archaeological lobby can be counted on to be supportive of even the most authoritarian of regimes as long as excavation permits are assured. So, perhaps it should be no surprise that what appears to knowledgeable antiquities dealers to be a fake seized back in March is now being used months later to again claim that there is an "ISIS Crisis" demanding a change in current law on the importing of antiquities.

Serious questions have been raised as to the wisdom of  the current forms of HR 1493/S.1887 in the United States and a new Cultural Heritage law in Germany, particularly now that dubious claims about ISIS and antiquities have been exposed.  So, perhaps this story that appears to have been planted in the New York Times at the behest of  the State Department and archaeological groups in the US and Germany should be viewed more as part of a desperate effort to overcome legitimate questions about this legislation and the new intrusive bureaucracies that would be created in the US and Germany as much as anything else.

2015's Questionable Claims on ISIS and Syrian Antiquities: To Hopes for More Accuracy and Less Hype in 2016

Knowledgeable cultural property observers have been frustrated that questionable claims about Syria, ISIS and antiquities trade continue to be actively promoted as part of the archaeological lobby's campaign in support of H.R. 1493/S. 1887,  problematic legislation that purports to address protecting cultural property in times of war and civil strife.

In honor of the New Year, CPO counts down the top five (5) dubious claims made in 2015 in support of this legislation that would create a new State Department coordination and enforcement bureaucracy and place what amounts to permanent import restrictions on Syrian cultural goods.

Hopefully, questions about the accuracy of these claims will also lead to questions about the wisdom of  the Senate passing H.R. 1493/S. 1887 in its current form.  While this legislation was no doubt introduced with the best of intentions, it suffers because its sponsors failed to consult with all stakeholders before its introduction and have relied on incomplete, misleading or false information to justify its approach to the issue of cultural heritage preservation.

5. The Claim:  Trade data helps prove there has been an upsurge in stolen Syrian antiquities on the market.

The Source:  "Cultural Heritage Lawyer" Rick St. Hilaire and "Red Arch" Cultural Heritage Law Policy Research" have heavily promoted this idea on St. Hilaire's blog.  See most recently, Rick St. Hilaire, "Antiques from Syria: U.S. Cultural Property Import Stats Raise Suspicion," Cultural Heritage Lawyer Blog (December 29, 2015), available at http://culturalheritagelawyer.blogspot.com/2015/12/antiques-from-syria-us-cultural.html

 (last visited January 6, 2016).

The Reality:  Mr. St. Hilaire and his blog are associated with the archaeological lobby and its anti-trade and anti-collecting views.  As such, his interpretation of trade data should be viewed as that of an advocate for a position and not that of an unbiased researcher. With regard to his work, at the outset, there appears to be a serious misconception about the nature of the figures themselves.  St. Hilaire at least implies the figures reflect the values for artifacts exported from Syria in 2014 rather than a “country of origin” or “country of manufacture” of Syria and exported from elsewhere to the United States.  In fact, due to massive confusion in the trade and a lack of guidance from U.S. and foreign Customs, it is likely that the figures include values for both artifacts manufactured in Syria (perhaps thousands of years ago) and exported to the U.S. from elsewhere along with artifacts directly exported from Syria itself.  Thus, artifacts that were manufactured in Syria but have been out of Syria for decades are likely included (and indeed may represent the bulk of the material that has been imported.)  In any event, the values cited are modest (particularly compared to wild claims for the values of looted Syrian antiquities (see Claim No. 2 below)), and it would be interesting to compare them with figures for antiquities imports with a country of origin of Syria over time. 

4.  The Claim:  There must be storehouses full of valuable stolen Syrian antiquities.

The Source:  In 2002 and 2005, Swiss police raided warehouses that were used to house antiquities illicitly excavated in Italy and Greece over the past decades.   See David Gill, "Warehouses, Antiquities and Basel," Looting Matters Blog (November 7, 2008), available at http://lootingmatters.blogspot.com/2008/11/warehouses-antiquities-and-basel.html  (last visited January 6, 2016).   Of course, Switzerland is an exceptionally stable country that at the time was also known for its strong privacy laws.  What better a place to store valuable antiquities?

The Reality:  Though warehouses full of illicitly excavated antiquities were found in Switzerland, is it also likely that similar storehouses also exist in unstable Middle Eastern countries?  One would not necessarily think so, but the archaeological lobby has nonetheless promoted the idea. Why?  After the Second Gulf War, there were also claims that material looted from archaeological sites in Iraq would be reaching the market in quantity.  When this never materialized, the archaeological lobby then explained away the issue by claiming that the material was being stockpiled.  See Guy Gugliata, "Looted Iraqi Relics Slow to Surface," The Washington Post (November 8, 2005) available at https://www.globalpolicy.org/component/content/article/167/35577.html (last visited January 6, 2016).  Now, given the dearth of fresh Syrian material on the market, the same claim is again being used to explain away suspicions that efforts to loot archaeological sites (as evidenced by what appear to be holes in the ground in satellite photography) may not be anywhere near as successful as has been maintained.  (Apparently, no one has seriously (or at least publicly) considered the possibility that many of these holes were "dry" or at least some of these "looter's holes" were actually "fox holes" dug for military purposes.)

But what of the recent seizure from an ISIS financier? On May 15, 2015, U.S. Special Operations personnel removed a cache of hundreds of artifacts from the home of ISIS Financier Abu Sayyaf.  According to the State Department, "The cache represents significant primary evidence of looting at archaeological sites in Syria and Iraq, theft from regional museums, and the stockpiling of these spoils for likely sale on the international market." See  "ISIL Leaders Loot," U.S. State Department Cultural Heritage Center Website (undated), available at http://eca.state.gov/cultural-heritage-center/iraq-cultural-heritage-initiative/isil-leaders-loot (last visited January 5, 2016).  So far, this is the only storehouse full of "valuable" ISIS loot that has come to light.  However, an experienced dealer who looked at images of the coins found in the group valued them at perhaps $40,000 retail and $8,000 wholesale.  Indeed, the cache looked more like the modest stock of a small dealer in Middle Eastern antiquities than a storehouse for a fabulous cache of valuable Syrian antiquities.

3.  The Claim:  Only ISIS is benefiting from sales of illicit antiquities.  

The Sources:  Back in 2014, Secretary of State Kerry highlighted the looting and destruction of cultural  sites in Syria  at an event at the Metropolitan Museum of Art in New York.  See Secretary of State John Kerry, Remarks at Threats to Cultural Heritage in Iraq and Syria Event (September 22, 2014), available at  http://www.state.gov/secretary/remarks/2014/09/231992.htm (last visited January 5, 2016).  Kerry evidently illustrated his talk with satellite imagery showing severe damage to Apamea, an important classical site in Syria.  CBS News and other news outlets then ascribed the damage at Apamea to ISIS even though Apamea appears to have been in government hands since the beginning of the Civil War.  It is unclear whether the archaeological lobby purposefully perpetuated this deception, but it is clear that CBS and other news sources have relied exclusively on State Department and archaeological lobby sources for their reporting.  See "The Perils of Limited Sourcing," Cultural Property Observer Blog (September 9, 2015), available at

http://culturalpropertyobserver.blogspot.com/2015/09/the-perils-of-limited-sourcing.html (last visited January 5, 2016).

The Reality:  A Dartmouth College study has confirmed that all participants in the Syrian civil war have taken part in looting Syrian archaeological sites. See "Dartmouth Led Study Shows ISIS Not Only Culprit in War Related Looting in Syria," Dartmouth Press Release (October 21, 2015), available at http://www.dartmouth.edu/press-releases/war-related-looting102115.html (last visited January 6, 2016).  As the press release states, "One of the most well-known incidents of looting occurred at Apamea, a massive Roman city in western Syria. The satellite images indicate that looting began in the start of 2012, after Syrian forces invaded the area, and continued during the Syrian occupation of the site through at least the fall of 2013. However, the most extreme phase of looting was conducted in the government-administered portion of the site with privately held fields remaining untouched until several months later when looting holes made by heavy machinery encroached into nearby areas on a systematic block by block basis with Syrian soldiers only 200 meters away."  Id.

2.  The Claim:  ISIS has made $10 s of millions or $100 s of millions from stolen antiquities.

The Sources:  The “tens of millions” figure ultimately derives from an erroneous claim that ISIS had stolen $36 million in antiquities from one on area in Syria alone.   See Heather Pringle, “ISIS Cashing in on Looted Antiquities to Fuel Iraq Insurgency,” National Geographic, June 27, 2014, available at http://news.nationalgeographic.com/news/2014/06/140626-isis-insurgents-syria-iraq-looting-antiquities-archaeology/ (last visited January 6, 2016).  The report was later found to refer to money made from all types of looting in the al-Nabuk region of Syria, not only the looting of archaeological material.  (See “New Documents Prove ISIS Heavily Involved in Antiquities Trafficking,’ Gates of Nineveh Blog (September 30, 2015), available at https://gatesofnineveh.wordpress.com/2015/09/30/new-documents-prove-isis-heavily-involved-in-antiquities-trafficking/) (last visited January 6, 2016). 

The $100 million figure has been cited in a "Fact Sheet" to justify support for H.R. 1493/S.1887, but it appears even less grounded in fact.  See "Fact Sheet: Deny ISIS Funding & Save Syria's Antiquities,"  United States House of Representatives, Committee on Foreign Affairs, Elliot L. Engel, Democrats (October 28, 2015) available at https://democrats-foreignaffairs.house.gov/news/press-releases/fact-sheet-deny-isis-funding-save-syrias-antiquities-hr1493s1887 (last visited January 6, 2016).  Instead, it traces back to an unsupported claim made by Iraq’s UN Ambassador at a time the U.N. was considering a resolution condemning the terrorist group’s destruction and looting of cultural sites in Iraq.  See Rick Gladstone, “U.N. Resolves to Combat Plundering of Antiquities by ISIS,” The New York Times, May 28, 2015, available at http://www.nytimes.com/2015/05/29/world/middleeast/un-resolves-to-combat-plundering-of-antiquities-by-isis.html?_r=0  (last visited January  6, 2016).   

The Reality:  Provable amounts that ISIS has made from antiquities sales are far smaller, ranging from several hundreds of thousands of dollars to several millions.  See Derek Fincham, "Leaked Records Hint at How Much ISIS Makes on Antiquities," Illicit Cultural Property Blog, http://illicitculturalproperty.com/leaked-records-hint-at-how-much-isis-makes-on-antiquities/#more-10623    (last visited January 4, 2016).  See also Kate Fitz Gibbon, "Debunking the ISIS Antiquities Funding Myth,' Committee for Cultural Policy Blog (December 6, 2015), available at http://committeeforculturalpolicy.org/debunking-the-isis-antiquities-funding-myth/ (last vistited January 6, 2016).  These figures are a drop in the bucket compared to ISIS estimated take of at least $1 billion.

1. The Claim:  Import restrictions will "save" Syrian cultural property.

The Sources:  The archaeological lobby claims that embargoes on cultural goods will "save" Syrian cultural property, act as to disincentive looting, and damage terrorist financing.  See Erin Thompson, "Restrict Imports of Antiquities from Syria to Cut Down on Looting," The New York Times (January 21, 2015), available at http://www.nytimes.com/roomfordebate/2014/10/08/protecting-syrias-heritage/restrict-imports-of-antiquities-from-syria-to-cut-down-on-looting (last visited January 6, 2016) and Heather Lee, "Heritage Crisis in Syria; a Call for a Moratorium on the Antiquities Trade, Saving Antiquities for Everyone Blog (September 3, 2014) available at http://savingantiquities.org/heritage-crisis-syria-call-temporary-moratorium-trade/ (last visited January 6, 2016).

The Reality:  As applied by U.S. Customs, import restrictions are grossly over broad because they relate to where artifacts are made instead of where and when they were found.  Under the Convention on Cultural Property Implementation Act ("CPIA"), the law governing import restrictions on cultural goods, the Government bears the initial burden to establish: (1) the item is of a type that appears on the designated list; (2) the item was first discovered within and subject to the export control of the country for which restrictions were granted; and (3) that it was illegally removed from the country for which import restrictions were granted after the applicable date.  (Under the CPIA, this is the date restrictions were imposed; here the date proposed under H.R. 1403/S.1887 is March 15, 2011.)  Thus, under H.R. 1493/S.1887, the Government should be required to establish that (1) the item is of a type that appears on the designated list of Syrian artifacts that will be created; (2) the item was “first discovered within” Syria and was subject to Syrian export control; and (3) the item was illegally removed from Syria after March 15, 2011.

Unfortunately, history shows that the State Department and U.S. Customs put expedience first.  Despite the CPIA’s plain meaning, the applicable regulation, 12 C.F.R. § 12.104 (a), ignores these requirements.  See Ancient Coin Collectors Guild v. U.S. Customs and Border Protection, 801 F. Supp. 2d 383, 407 n. 25 (D. Md. 2011) (“Congress only authorized the imposition of import restrictions on objects that were ‘first discovered within, and [are] subject to the export control by the State Party.’ Under the regulations, that requirement seems to apply only to the importation of a ‘fragment or part’ of an object of archaeological or ethnological interest.  This appears to have been an oversight in the drafting, or codification, of the original regulations in 1985, and has persisted in the C.F.R. ever since.”), aff’d,  698 F.3d 171 (4th Cir. 2012).  Accordingly, collectors are rightly concerned that following standard operating procedure,  the Government will argue that it need only establish the first element of its burden, i.e. that the object is “of archaeological interest” with a “country of origin” or manufacture of “Syria.”  For coins (one of the most common ancient artifacts), the practical result will thus be to give CBP license to “scoop up” all historical coins minted in Syria over the centuries even though such coins circulated far from Syria in ancient times as items of commerce and in more modern times as collectibles.  This, of course, will do little or nothing to "save" Syrian cultural property, disincentivize looting, and damage terrorist financing, but will do much to harm the legitimate trade in ancient art and the cultural understanding it brings.  

And what will happen to any antiquities and coins that are swept up in the dragnet?  The CPIA assumes that they will be repatriated to Syria, something not changed in H.R. 1493/S. 1887.  This, of course, raises pertinent questions.  Can artifacts be saved if they are returned to a war zone?  And is it morally justifiable to give them to the Assad regime, which has done its own share of looting and which has also intentionally destroyed cultural sites with its barrel bombs and artillery?