Attention-seeking "world culture cop" Matthew Bogdanos has allowed himself and Alvin Bragg's Manhattan DA's office to become a prop for Chinese propaganda of the Communist Party's Xinhua News Agency by repatriating Tibetan cultural heritage to the very same government which has been engaged in "cancelling" Tibetan culture. Unfortunately, this and the recently renewed State Department MOU with the PRC recognizes the rights of China's authoritarian Communist Government to the cultural heritage of its repressed minority populations. The basis for the seizure is unclear, but even if it were a valid one, why shouldn't such materials instead be given to the representatives of the Tibetan people in exile?
Friday, April 19, 2024
Wednesday, April 10, 2024
US Customs and State Department issue more grossly overbroad restrictions on behalf of another unfriendly authoritarian government, this time Pakistan
The US State Department and its Cultural Heritage Center have again deputized U.S. Customs and Homeland Security to enforce the export controls of another unfriendly, authoritarian government, this time Pakistan. It remains unclear how they will apply these exceptionally broad import restrictions, which cover a host of materials also found in Central Asia, Afghanistan, India, Sri Lanka, and, indeed, as far away as Northern Europe.
The designated list for coins is in particular very broad. It lists types that circulated regionally as well as internationally, including Roman Imperial coins, which the designated list itself admits are only "sometimes" found in Pakistan. The entire designated list for coins is as follows:
(5) Coins—Ancient coins include gold, silver, copper, and copper alloy coins in a variety of denominations. Includes gold and silver ingots, which may be plain and/or inscribed. Some of the most well-known types are described below:
(a) Early coins in Pakistan include silver sigloi of the Achaemenid Empire. Gold staters and silver tetradrachms and drachms of Alexander the Great and Philip III Arrhidaeus are also found. Regionally minted Achaemenid-period coins include silver bent bars ( shatamana) with punched symbols such as wheels or suns. Local Hellenistic (Greek)-period and Mauryan imperial punch-marked silver coins ( karshapana) are covered with various symbols such as suns, crescents, six-arm designs, hills, peacocks, and others. Circular or square, die-struck cast copper alloy coins with relief symbols and/or animals on one or both sides also date to this period. Approximate Date: 6th-2nd Centuries B.C.
(b) Greco-Bactrian, Indo-Greek, Indo-Scythian, and Indo-Parthian coins include gold staters, silver tetradrachms, drachms, and obols, and copper alloy denominations. Copper alloy coins are often square. The bust of the king, the king on horseback, Greek and Hindu deities, the Buddha, elephants, bulls, and other animals are common designs. The name of the king is often written in Greek, Kharosthi or Brahmi script. Approximate Date: 2nd Century B.C.-1st Century A.D.
(c) Roman Imperial coins struck in silver and bronze are sometimes found in archaeological contexts in Pakistan. Approximate Date: 1st Century B.C.-4th Century A.D.
(d) Kushan coins include gold dinars, silver tetradrachms, and copper alloy denominations. Imagery includes the king as a portrait bust (“Augustus type”), standing figure with a fire altar, or equestrian figure; emblems ( tamgha); and figures from Greek, Zoroastrian, Buddhist, and Hindu religious traditions. Inscriptions are written in Greek, Bactrian, and/or Brahmi scripts. Approximate Date: A.D. 30-350.
(e) Sasanian coins include gold dinars, silver drachms, obols ( dang), and copper alloy denominations. Imagery includes the bust of the king wearing a large crown and Zoroastrian fire altars and deities. Inscriptions are usually written in Pahlavi, but gold dinars minted in Sindh with Brahmi inscriptions are included. Approximate Date: A.D. 240-651.
(f) Kushano-Sasanian or Kushanshah coins include gold dinars, silver tetradrachms, and copper alloy denominations. Some Kushano-Sasanian coins followed the Kushan style of imagery, while others resemble Sasanian coins. Inscriptions are written in Greek, Bactrian, Brahmi, or Pahlavi scripts. Approximate Date: A.D. 225-365.
(g) Gupta coins include gold dinars and silver and copper alloy denominations. Imagery includes the king in various postures and activities, the queen, Hindu deities, altars, and animals. Inscriptions are usually written in pseudo-Greek or Brahmi script. Approximate Date: A.D. 345-455.
(h) Coins of the Hephthalite, Kidarite, Alchon and Nezak Hun, Rai, Brahmin Chacha, and Turk Shahi Dynasties include silver and copper alloy denominations. Designs resemble Sasanian coins with a portrait bust of the ruler wearing a distinctive crown on the obverse and a fire altar or other Zoroastrian imagery on the reverse. Coins sometimes bear emblems ( tamgha s) and/or inscriptions in Bactrian, Pahlavi, Brahmi, or Nagari script. Designs are sometimes highly schematized. Approximate Date: 5th-9th Centuries A.D.
(i) Hindu Shahi silver coins often bear inscriptions in Nagari or Sharada script and depict a horseman and a bull, or an elephant and a lion. Approximate Date: A.D. 822-1026.
(j) The Umayyad and Abbasid Caliphates and the Ghaznavid and Ghurid Empires issued gold dinars, silver dirhams, and copper alloy fulus (singular fals) bearing Arabic inscriptions on both faces. Inscriptions are often enclosed in circles, squares, rings of dots, or an inscription band. Silver and copper alloy denominations of local governors, the Habbari Dynasty of Sindh, and the Emirate of Multan are similar, but some coins of Multan carry inscriptions in Nagari or Sharada. Some Ghaznavid coins carry bilingual inscriptions in Arabic and Sharada scripts, and some bear images of a bull and horseman. Some Ghurid coins bear inscriptions in Devanagari and/or stylized images of a flower, bull, horseman, and/or goddess. Approximate Date: A.D. 712-1206.
(k) The Delhi Sultanate issued gold tankas, silver tankas and jitals, and copper alloy denominations bearing Arabic inscriptions, either enclosed in a circle, scalloped circle, octofoil, flower, square, or inscription band, or covering the full face of the coins. Some bear inscriptions in Devanagari and/or stylized images of a bull, horseman, lion, or goddess. Some coins are square. Approximate Date: A.D. 1206-1526.
(l) The Mughal Empire issued coins such as gold mohurs; silver shahrukhis, rupees, and tankas; copper and copper alloy dams, and other denominations. Coins bear Arabic inscriptions enclosed in a circle, ring of dots, square, or inscription band, or covering the entire face. Some coins are square. Some coins bear an image of the seated emperor, a portrait bust of the emperor, a sun, and/or Zodiac symbols. Approximate Date: A.D. 1526-1749.
It is also frustrating that the very same coins now subject to a State Department embargo are sold quite openly in Pakistan. Moreover, despite the claim that Assistant Secretary, ECA Lee Satterfield considered "less drastic remedies" before imposing restrictions on coins, the coin trade's suggestions related to focusing restrictions solely on coins traced back to Pakistani contexts, the provision of export certificates, and the creation of a Pakistani Portable Antiquities Scheme were evidently ignored.
Wednesday, April 3, 2024
State Department Offers Advance Notice of CPAC Hearing to Address New MOU with Ukraine and Renewals of Current MOUs with Ecuador and Jordan-- UPDATED 4/26/24
The State Department Cultural Heritage Center has provided advance notice of a proposed MOU with Ukraine and renewals of current MOUs with Ecuador and Jordan. According to this preliminary notice, written comments and requests to speak at the June 4, 2024, CPAC hearing must be received on or before May 28, 2024.
Sympathy for the Ukrainian people and their struggle against
Russian imperialism makes it difficult to oppose any MOU, but the State
Department must still honor the CPIA’s statutory requirements in processing the
request.
The CPIA closely defines archaeological and ethnological objects
that may be subject to restrictions. A
threshold consideration for objects to be considered “archaeological or
ethnological material” of Ukraine is that they were “first discovered within” Ukrainian
territory and “subject to” Ukrainian export control.
This raises a serious question as to coins and other
artifacts from the sites of ancient Greek Black Sea colonies that are now in occupied
Crimea. While Ukraine still maintains that Crimea remains
part of that country, the reality is that Russia, which has occupied the peninsula
since 2014, is unlikely to give up its conquest.
Of course, there are other issues, particularly related to
coins, including whether common types are of “cultural significance” and
whether it is proper to assume that they were found on current Ukrainian
territory when they were types that circulated regionally or even
internationally.
Overbroad designated lists enforced as embargos are a major concern for collectors. Although the State Department and their "partner" archaeological advocacy groups claim that import restrictions are directed at current looting of archaeological sites, their impact is much broader. In fact, they have allowed foreign governments to "claw back" coins and other cultural goods legally sold and available for export on open markets in Europe. State and Customs then conduct elaborate "repatriation ceremonies" where they claim they are returning "stolen property." The reality most often is simply that some unfortunate collector was unable to provide provenance information that just does not exist for most low value items like coins. Of course, all this goes against the fundamental Anglo-American view that the burden of proof always is on the government to prove guilt, but it is expediency in the name of "soft power" that prevails here.
The issue of an overbroad designated list certainly already applies to
the current import restrictions with Jordan.
Those import restrictions include coins that circulated regionally.
The Jordanian MOU and its related import restrictions
should also raise different questions because the very same types of coins (and pottery) that
are now restricted to American citizens are openly available for sale there.
At least, the current designated list with Ecuador does not include
coins. That makes sense because Spanish
Colonial and Republican era coinage that circulated in Ecuador fails to fit the definition of either “archaeological” or “ethnological” objects.
Nevertheless, the designated list for Ecuador remains overly broad, including colonial era art that stretches the definition of “ethnological objects.”
The legislative history makes clear that the CPIA’s drafters believed that "ethnological objects" must be the products of what was at the time referred to as “primitive cultures.”
Update: April 26, 2024- The regulations.gov link to comment on the proposed MOU with Ukraine and renewals with Ecuador and Jordan is now live and can be found HERE.
Monday, February 12, 2024
State Department Inks New and Renewed MOUs with Authoritarian Governments After Giving and Getting A Little Help From Its Friends
In the last several months, the State Department has inked a significant number of cultural property MOUs with authoritarian governments. These include new MOUs with Uzbekistan and Pakistan as well as renewals of current MOUs with Cambodia and Communist China. Given their authoritarian nature, it is no surprise that these governments have demanded that such agreements cover the cultural heritage of displaced minorities and a wide array of artifacts, including common ones like collector's coins, which are legally, or at least openly, sold in these countries. What should be more concerning is that our State Department now apparently feels that "soft power" is more important than honestly balancing the interests of impacted groups as Congress contemplated in the Convention on Cultural Property Implementation Act. And in doing so, the State Department has gone so far as funding archaeological advocacy groups to help "check the box" to help justify such dubious decision making.
Monday, February 5, 2024
Public Meeting of the US Cultural Property Advisory Committee to Consider Renewal with Algeria and Proposed MOU with India
On January 30, 2024, the US Cultural Property Advisory Committee (CPAC) met in a virtual public session to hear testimony regarding a proposed renewal of MOUs with Algeria and a new proposed MOU with the Republic of India. 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. See Cultural Property Advisory Committee Meeting, January 30 – February 1, 2024, Bureau of Educational and Cultural Affairs Media Center (November 29, 2023) (but subsequently updated), available at https://eca.state.gov/highlight/cultural-property-advisory-committee-meeting-january-30-february-1-2024 (last visited February 3, 2024). Although that update was subsequently deleted, it stated that Algeria sought no change to the current exceptionally broad designated list for import restrictions, and that India sought a breathtakingly broad list of items to be covered which included cultural goods made as recently as the end of the British Raj in 1950:
https://www.regulations.gov/comment/DOS-2023-0040-0032
(last visited February 3, 2024).
Elias Gerasoulis (Executive Director, Global Heritage Alliance) next spoke on behalf of both the Global Heritage Alliance and the Committee for Cultural Policy with regard to the proposed renewal of the MOU with Algeria. Gerasoulis indicated that Algeria had failed to meet any of the statutory for renewal. He further indicated that CPAC should not recommend a renewal of a MOU that recognizes the rights of Algeria’s authoritarian government to the cultural heritage of its displaced Jewish population.
https://culturalpropertynews.org/careful-collector-no-22-your-tax-dollars-at-work/ (last visited February 5, 2024).)
Nii Otokunor Quarcoopome (representing museums) asked Herdrich if any of these efforts were directed at preserving Jewish and Berber culture. Hedrich responded by indicating that such materials were included in the inventories of institutions that were partner organizations.
Wednesday, December 13, 2023
CPAC to Consider New MOU with India and Renewal of MOU with Algeria
The State Department has announced that the Cultural Property Advisory Committee (CPAC) will meet on January 30-February 1, 2024, to consider a request for the United States to enter into a cultural property MOU with the Republic of India. According to the Federal Register notice, public comments and requests to speak are due no later than January 22, 2024, for the public session which will take place from 2:00-3:00 PM on January 30, 2024. CPAC will consider a renewal of the current MOU with the People’s Democratic Republic of Algeria at the same time.
The
Cultural Heritage Center's website should hopefully provide some clarity of the
scope of the Indian request in the near future. Import restrictions associated with the
current MOU with Algeria already encompass a wide variety of ancient and early
modern coin types. They also cover, at
least implicitly, the cultural heritage of displaced Jewish and Christian
minority populations.
The Indian request should raise a number of questions given its likely breadth. First, are all the listed
archaeological objects not only of "archaeological interest" but of
"cultural significance," and do they meet the governing statute's 250-year
threshold? Convention on Cultural Property Implementation Act, 19 USC Section
2601 (C) (i) (I)(II). Second, are all the listed ethnological objects really
the products of "tribal or nonindustrial society" "that are
important to the cultural heritage of a people because of its distinctive
characteristics, comparative rarity, or its contributions to the knowledge
origins, development or history of that people?" 19 USC Section 2601
(C) (ii) (I)(II).
Third,
has India taken "measures consistent with the [1970 UNESCO] Convention to
protect its cultural patrimony" under 19 USC Section 2602 (a) (1) (B) when
concerns have been raised about India’s notoriously poor stewardship of its own
cultural heritage, including not only neglect, but outright destruction of Muslim
and Christian minority cultural heritage.
Finally,
does the State Department intend to recognize the rights of India’s sectarian
Hindu government to ownership and/or control of the cultural heritage of
today’s minority Muslim, Christian and Jewish communities? While India is a democracy, these groups have
nonetheless suffered discrimination and have even faced occasional pogroms. In particular, Muslim and Christian places of
worship have sometimes been attacked by mobs egged on by local
politicians.
Coins
also raise a number of specific issues. First, there appears to be a
substantial overlap in the types of Indo-Greek, Kushan, Indo-Sassanian, and
later Islamic coins found in Afghanistan, Pakistan and India. Under the
circumstances, how can the State Department conclude that particular coins were
"first discovered within and [are] subject to export control by" India?
19 USC Section 2601 (2) (C).
Second,
coins of all periods are legally bought and sold in India. So, why should our
State Department restrict Americans from buying the same type of "Indian"
coins abroad?
The current MOU with Algeria’s authoritarian government raises similar
questions. Again, the designated list is
exceptionally broad, and includes at least implicitly the cultural heritage of
displaced Jewish and Christian populations.
The exceptional breadth of the designated list is readily
apparent regarding coins. Indeed, it
includes many Greek, Roman Provincial, Numidian, Mauritanian, Byzantine,
Islamic and Ottoman coin types that circulated either regionally or internationally.
Under the circumstances, how can the State Department conclude that particular
coins were "first discovered within and [are] subject to export control
by" Algeria? 19 USC Section 2601 (2) (C).
How to comment? According to the State Department, the
public should be able to comment on regulations.gov by searching
for docket DOS-2023-0040 and following the prompts.
As of today, however, that link is not active. CPO will update this blog post once it is
possible to comment and/or the State Department provides more clarity about the proposed designated list to be associated with any MOU with India.
Addendum (December 16, 2024): The blue "comment now" button on the regulations.gov website is now active. You should be able to directly access the ability to comment here.
Addendum (January 15, 2024): The State Department has provided some additional information about the categories of material for which import restrictions will be considered. They are as follows:
India
The Government of India seeks import restrictions on archaeological and ethnological materials dating from 1.7 million years ago to 100 years ago, including objects dating from the Paleolithic, Mesolithic, Neolithic, Ancient Periods (including, but not limited to, the Indus Valley Civilization, Maurayan Empire, Shunga Empire, Gandharan Kingdom, Gupta Period, and the Gurjara-Pratihara, Rastrakuta, and Pala Dynasties), and Historic Periods (including, but not limited to, the Chola Dynasty, Delhi Sultanate, Mughal Empire, and the British Raj). Categories of objects include stone tools and artifacts, terracotta figurines, toys, coins and medals, seals and sealing, molds, dies, sculpture, utensils, architectural materials, arms and ammunition, scientific instruments, and jewelry and toiletries. Protection is also sought for miniature paintings, art pieces in cloth and paper, and manuscripts dating from the 7th century CE to 75 years ago.
Algeria
Extending the Algeria agreement would continue import restrictions on certain archaeological material from Algeria, ranging in date from approximately 2.4 million years ago to approximately 1750 AD including material from the Paleolithic, Neolithic, Classical, Byzantine, Islamic, and Ottoman Periods. The Government of the People's Democratic Republic of Algeria has not requested additional categories of material.
More here.
Tuesday, October 10, 2023
Amended and Expanded Import Restrictions on Cambodian cultural goods.
The State Department and US Customs have unveiled amended and expanded import restrictions on behalf of Cambodia's authoritarian government. These include additional restrictions on a limited number of coin types.
5. Coins
Rare coinage from the
Funan area of Southern Cambodia is included. Coinage dates from the 1st through
6th centuries A.D. In gold, silver, gilded silver, or tin. Designs vary, but
coins often bear the image of a rising sun, a deer, a rooster, a Garuda, a team
of oxen, and other designs. Inscriptions may be present and in Kharosthi script
or Sanskrit.