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:

 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. 

 Id. (but subsequently deleted from the website). 

 The CPAC members did not introduce themselves before the public session, but CPAC currently includes the following members: (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)).

 The Chair, Alexandra Jones, welcomed the speakers and assured them that their written comments had been read.  She indicated that speakers would be given 5 minutes each. 

 Dr. Mark Lycett was the first speaker.  He is the director at the South Asia Resources Center at the University of Pennsylvania.  He supported the MOU and thought that import restriction will help encourage continued collaboration between the Indian government and American archaeologists.  His talk focused on looting of temple complexes for idols.

 Prof. Miriam Stark (represents archaeology) asked Lycett if he had observed looting.  He says yes, particularly of temple complexes.  He had not seen metal detectors in use but understood they are used.

 His written comments can be found here:

https://www.regulations.gov/comment/DOS-2023-0040-0032 (last visited February 3, 2024).

 Kate FitzGibbon (Executive Director, Committee for Cultural Policy) spoke about India.  India has a terrible record of neglect of its archaeological heritage and its government, run by Hindu religious supremacists, has engaged in a policy of destroying the cultural heritage of its Muslim population.  The Indian legal system is ineffective at dealing with looting.   What has been returned already has neglected.   Many of the bronze idols that have been returned suffer from bronze disease because they have not been conserved.  During the British Raj both Indian and British enthusiasts built up great collections, many of which were removed from India right after Independence due to fear that the post-independence Socialist leaning government would confiscate them. 

 Despite Ms. FitzGibbon’s obvious knowledge of the subject, there were no questions. 

 The Committee for Cultural Policy and the Global Heritage Alliance’s written comments on the proposed MOU with India can be found here:

 https://www.regulations.gov/comment/DOS-2023-0040-0042 (last visited February 3, 2024)

 Sanja Kampoor briefly spoke.  He indicated that he agreed with the points made in Kate FitzGibbon’s testimony. 

 Nicholas Fritz spoke next.  Fritz is a young professional numismatist with Stack’s Bowers auction house.  He indicated that the Indian MOU request as to coins was over broad, including many types well-known to scholarship, which should not be restricted.  He further indicated that an MOU would only encourage smuggling.  

 Alexandra Jones (Chair, representing archaeology) and Miriam Stark (representing archaeology) asked Fritz a series of hostile questions.  Jones wanted to know why modern-day India should not be able to control the heritage of all of historic India (which included Pakistan and Bangladesh), and Stark debated with Fritz about the importance of coins as archaeological artifacts.  (Comment:  The belligerent tone both Ms. Jones and Ms. Stark used with Mr. Fritz did not reflect well either on CPAC or the Biden Administration that appointed them.  If the State Department really wants public comment, it should advise CPAC members of their responsibility to treat members of the public, particularly those who have never appeared before the Committee, with respect.)

 Peter Tompa (Executive Director, International Association of Professional Numismatists) was called to speak next.   He made the point that the designated list for Algeria and the proposed one for India were greatly overbroad, including coin types that circulated far outside these countries.  He also indicated that later coins, particularly of the Raj, do not fit the definitions of either archaeological or ethnological objects necessary for them to be restricted.  All coins of the British Raj are less than 250 years old and hence cannot be treated as archaeological objects under the governing statute. Additionally, they are the products of what at the time were sophisticated industrial practices, so they cannot be treated as ethnological objects.  He also discussed the large internal market in India and how given such a market, import restrictions that only impact American collectors made no sense.  He also noted that collecting is necessary because governments and museums cannot preserve all the coins out there. Finally, he discussed the importance of regulating metal detectors as a self-help measure and a less drastic remedy.  In so doing, Tompa made clear that the British Portable Antiquities scheme and Treasure Act were the preferred method of regulation. Tompa closed by recalling that he had met an Indian collector some years ago who had built up his collection by buying coins from jewelers in India, who would have otherwise melted the coins for bullion.  Tompa provided members of CPAC with a real-world example to show that collectors are essential for the preservation of coins. 

 Miriam Stark (representing archaeology) stated her belief that coins must be restricted because they are important for archaeology.  She demanded to know if Tompa had ever worked at an archaeological site.  He indicated he had not, but he had discussed the issue with others who had.  Tompa indicated that archaeologists mainly see coins as dating tools, but they are generally poor tools for dating archaeological strata because historical coins circulated for long periods of time and only coins from secured contexts were really useful for that purpose.  Stark also asserted that CPAC had no right to suggest that the Indian government regulate metal detectors.  Tompa indicated the governing statute requires as much and before the State Department started issuing generic MOUs, an agreement with Cyprus required as much.  He suggested that Stark should consult with State Department lawyers about the statutory requirements for MOUs. 

 The International Association of Professional Numismatists’ comments for the proposed renewal of the MOU with Algeria can be found here:

 https://www.regulations.gov/comment/DOS-2023-0040-0029 (last visited February 3, 2024).

 The International Association of Professional Numismatists’ comments for the proposed MOU with India can be found here:

 https://www.regulations.gov/comment/DOS-2023-0040-0028  (last visited February 3, 2024).

 Tompa’s personal comments can be found here:

 https://www.regulations.gov/comment/DOS-2023-0040-0036 (last visited February 3, 2024). 

 Randy Myers spoke next on behalf of the Ancient Coin Collectors Guild.   He raised concerns about insufficient public notice for CPAC meetings, including the details of any requests.  He noted that the State Department website that announced the upcoming CPAC meeting, though dated November 29, 2023, was updated just recently to include more details about the request, but misleadingly without indicating the date the text was modified.  (Perhaps in response, the State Department recently deleted this additional information from the post.)  Myers also reiterated the argument that one cannot assume many of the coins on the Algerian designated list or conceivably might be on the one for India were actually found there.  He also discussed the importance of considering a portable antiquities scheme as a less drastic measure before imposing import restrictions.  Finally, he also indicated that neither Algeria or India should be awarded rights to coin issues of displaced or discriminated minorities.  This would include Christian Spanish and Byzantine coins and many Muslim coins from India.

 Alexandra Jones (chair, representing archaeology) debated with Myers about the notice requirements, maintaining that the State Department only needed to give the public 15 days’ notice.   Myers explained based on his long experience as an attorney for a large federal agency, he believed that the law requires 60 days’ notice.  He also indicated that if Jones wants to encourage informed public comment, 60 days’ notice is essential. 

 The Ancient Coin Collectors Guild’s and the American Numismatic Association’s joint written comments can be found here:

 https://www.regulations.gov/comment/DOS-2023-0040-0012 (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.

 The Global Heritage Alliance’s and the Committee for Cultural Policy’s comments for the proposed renewal of the MOU with Algeria can be found here:

 https://www.regulations.gov/comment/DOS-2023-0040-0017 (last visited February 3, 2024).

 Ömür Harmanşah (Vice President for Cultural Heritage, Archaeological Institute of America) spoke briefly in support of both MOUs.  He indicated that both countries had met their statutory burdens and MOUs should be completed with each.  

 The Archaeological Institute of America’s comments with regard to India can be found here:

 https://www.regulations.gov/comment/DOS-2023-0040-0052 (last visited February 3, 2024).

 Those related to Algeria can be found here:

 https://www.regulations.gov/comment/DOS-2023-0040-0048 (last visited February 3, 2024).

 Peter Herdrich (Executive Project Director, Algerian Cooperative Plan for the Digitization of HeritageCEO, Cultural Capital Group) discussed a digitization project for Algerian museum and private collections paid for by the US government which also involved the Antiquities Coalition.  Herdrich maintained that this US government funded program showed that Algeria was engaged in protecting its own cultural heritage. (Comment:  There is a real question whether money paid to US contractors who also lobby for MOUs should be considered “self-help.”  See

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. 

 Herdrich’s written comments can be found here:

 https://www.regulations.gov/comment/DOS-2023-0040-0037 (last visited February 3, 2024).


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.

Source:  88 Fed. Reg. 64372-64379  (September 19, 2023), available at https://www.federalregister.gov/documents/2023/09/19/2023-20335/extension-and-amendment-of-import-restrictions-imposed-on-archaeological-and-ethnological-material

Friday, September 1, 2023

CPAC to Consider Renewal of MOU for Honduras and Proposed MOU for Nepal

 The State Department Cultural Heritage Center has announced that the Cultural Property Advisory Committee will consider public comment for a renewal of a MOU with Honduras and a proposed new MOU with Nepal.   According to the State Department notice, the period for written comments will end on September 12th, with a public session to take place on September 19th for oral comments.  

Based on the notice, it does not appear that Honduras seeks any new restrictions on coins.  On the other hand, Nepal apparently does seek import restrictions to be placed on coins, particularly the early "Lichhavi" types. 

For a direct link to comment, see here.  Alternatively, go to regulations.gov, and then search for docket DOS-2023-0023.

Thursday, August 31, 2023

Cultural Property MOU entered into with Yemen without vetting by CPAC or public comment

 Lee Satterfield, the Assistant Secretary, ECA, has apparently unilaterally transformed current “emergency import restrictions” for Yemen into a cultural property MOU with that country, all without input from Cultural Property Advisory Committee or the public.   Unfortunately, Yemen these days is run by factions aligned with Iran, Saudi Arabia and the People’s Republic of China. 

The Cultural Property Implementation Act, 19 USC Section 2605 contemplates that such agreements will only be entered into after the proposal is vetted by CPAC, which then is expected to recommend which kinds of objects are considered for import restrictions under the agreement (19 USC Section 2605 (f)).   By converting the current “emergency import restrictions” into ones under a MOU, the State Department has prevented CPAC and the public (including concerned Jewish exile and collector groups)  from commenting on whether import restrictions should continue for the country, which does not respect the rule of law. 

When Yemeni import restrictions were last before CPAC in 2019, despite a short 2-week comment period, any such agreement faced substantial opposition from Jewish exile and coin collector groups.  The State Department presumably engineered this MOU without vetting it through the Cultural Property Advisory Committee and allowing public comment as required under CPIA, 19 USC Section 2605 because they knew it would be controversial and subject to the same opposition today. 

It is unclear whether this will result in a change in the current designated list, which implicitly includes the cultural heritage of Yemen’s displaced Jewish minority as well as a wide variety of coin types.

Addendum (September 3, 2023):  A State Department  press release suggests that the MOU does not only convert current "emergency import restrictions" into "regular ones" under a MOU, but also extends them past their current sunset date, again all without the required input from CPAC and the public.

Note that the first sentence of the press release states, 

 "On Wednesday, Assistant Secretary of State for Educational and Cultural Affairs Lee Satterfield and Ambassador of Yemen to the United States Mohammed Al-Hadhrami, accompanied by the Department’s Special Envoy for Yemen Tim Lenderking, signed a bilateral cultural property agreement that renews and extends protections for Yemeni cultural property which were put in place in 2020 on an emergency basis."


Wednesday, June 7, 2023

Public Session of the US Cultural Property Advisory Committee to Review Proposed Renewals of MOUs with Bulgaria and China, June 5, 2023

                 On June 5, 2023, the US Cultural Property Advisory Committee (CPAC) met in a virtual public session to hear testimony regarding the proposed renewals of MOUs with Bulgaria and the People’s Republic of China (PRC).  An update on the Bureau of Educational and Cultural Affairs’ (ECA’s) website made shortly before the hearing provided further information about the requests.  See https://eca.state.gov/highlight/cultural-property-advisory-committee-meeting-april-26-27-2023 (last visited June 7, 2023).  According to that website, Bulgaria has asked for import restrictions on additional categories of archaeological material dating from the Paleolithic Period to the Neolithic (c. 1.6 million years ago – 7500 B.C.) and on additional ethnological material of an ecclesiastical nature dating from 1750 through the 20th century.  Id.  In contrast, the PRC does not seek any additional restrictions.  Id. 

                The public session was postponed from April 26-27, 2023, presumably to allow all the remaining Trump appointees to be replaced by Biden appointees to CPAC.  Those replaced included Anthony Wisniewski, the sole coin collector representative on the Committee.  One of the replacements, Susan Schoenfeld Harrington, has discernable links to the PRC, as a past Board Member of the China Art Foundation.  See http://culturalpropertyobserver.blogspot.com/2023/04/new-cpac-members.html (last visited June 7, 2023).

                Despite the postponement, the public was only allowed an exceptionally short time to comment on these MOUs on the regulations.gov website.  See https://www.regulations.gov/document/DOS-2023-0016-0001  (last visited June 7, 2023).  Although the Federal Register notice was posted on Friday, May 19, 2023, due to a snafu, the regulations.gov website did not accept comments until midday Monday, May 22, 2023.  The comment period closed only 4 days later, on Friday, May 26, 2023.  An analysis of the comments that were submitted can be found here.  See http://culturalpropertyobserver.blogspot.com/2023/05/low-public-support-for-mous-with.html  (last visited June 7, 2023). 

                Oral comments during the public session were also circumscribed.  Rather than the usual 5 minutes, each speaker was only allotted 4 minutes to speak.   

                At least the following CPAC members were present for the meeting:  (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) Nii Otokunor Quarcoopome (Represents/Expertise Museums, Curator and Department head, Detroit Museum of Art); (4) William Teitelman (Represents General Public, Legislative Counsel to the PA Trial Lawyers Association, Attorney (Retired)); (4) Andrew Conners (Represents/Expertise Museums, Director, Albuquerque Museum, New Mexico); (5) Michael Findlay (Represents/Expertise: International Sale of Cultural Property, Director, Acquavella Galleries, New York); (6) Susan Schoenfeld Harrington  (Represents Public?, Past Deputy Finance Chair, Democratic National Committee, Past Board member, China Art Foundation); (7) Cynthia Herbert (Represents/Expertise: International Sale of Cultural Property President, Appretium Appraisal Services LLC, Connecticut); and (8) Thomas R. Lamont (Represents Public?, President of Lamont Consulting Services, LLC, Illinois).

                Additionally, at least the following State Department employees were present for the meeting:  Allison Davis (Executive Director, CPAC) and Andrew Zander. 

                These individuals spoke at the public session about one or both MOUs: (1) Kate FitzGibbon (Committee for Cultural Policy/PRC); (2) Elias Gerasoulis (Global Heritage Alliance/PRC); (3) Peter Tompa (International Association of Professional Numismatists/Bulgaria and PRC); (4) Doug Davis (Anti-Counterfeiting Educational Foundation/PRC); (5) Ömür Harmanşah (Archaeological Institute of America/Bulgaria and PRC); (6) Douglas Mudd (American Numismatic Association, Ancient Coin Collectors Guild/Bulgaria); (7) Louisa Greve (Uyghur Human Rights Project/PRC); (8) Peter Irwin (Uyghur Human Rights Project/PRC); (8) Josh Knerly (Hahn, Loeser & Parks, LLP for Association of Art Museum Directors/PRC); (9) Dr. Rowan Flad (Harvard Department of Anthropology/Society for American Archaeology/PRC); (10) Dr. Anne Underhill (Yale/Society for American Archaeology/PRC); and (11) Dr. Rian Thum (University of Manchester/PRC). 

                Alexandra Jones (AJ), CPAC’s chairperson, indicated that the Committee had reviewed all the testimony, and asked the speakers to limit their remarks to 4 minutes each.  AJ indicated that she would allow CPAC members to ask questions after each speaker finished their prepared remarks.  Very few questions were actually posed. 

                Kate FitzGibbon (KFG) spoke first.  She indicated that none of the criteria for renewal of the MOU found in the Cultural Property Implementation Act (CPIA) could be met.  The second determination, related to the PRC taking measures consistent with the UNESCO Convention concerning the protection of its cultural patrimony, has not been met because of the PRC’s intentional destruction of the cultural heritage of its Uyghur population.  KFG pointed to the creation of concentration camps as well as the destruction of over 500 Uyghur sites in her testimony.  Moreover, the first and third determinations, related to the PRC’s cultural patrimony being in jeopardy, and the effectiveness of the response, could not be met given the booming internal Chinese market for cultural goods.  The fourth determination relating to benefits to the international system could not be met given the PRC’s mercantilist approach to repatriating artifacts and failing to follow through on museum loans. 

                The Committee for Cultural Policy’s and the Global Heritage Alliance’s joint written testimony can be found here:  https://www.regulations.gov/comment/DOS-2023-0016-0044 ) (last visited June 7, 2023).

                Elias Gerasoulis (EG) echoed many of the concerns that KFG raised about the PRC’s intentional destruction of minority culture.  He also noted that current import restrictions have the perverse effect of promoting the interests of PRC auction houses associated with the government over their American competitors.  It makes no sense for ECA to undertake to renew the MOU given the anti-American actions the PRC has taken, including the recent spy balloon overflight.  EG believes that renewing the MOU would be tantamount to committing diplomatic malpractice.

                Peter Tompa (PT) asked CPAC to oppose any effort to expand current import restrictions on behalf of Bulgaria to Roman Republican and Roman Imperial coins.  He explained that one cannot assume that such coins come from Bulgarian archaeological contexts.  Only a very small percentage of such coins circulated there compared to those which circulated elsewhere.  He also indicated that it is important to distinguish Roman Republican and Roman Imperial coins from Roman Provincial coins, which are currently restricted.  Roman Provincial coins were struck for local use in contrast to Roman Republican and Roman Imperial coins which were meant to circulate through the Empire.   Due to time constraints, PT was only able to express general concerns about the MOU with the PRC.  He mentioned that the PRC should not be rewarded for destroying the cultural property of its minority populations or for its failure to address counterfeiting of US historical coins.

                PT’s planned oral comments can be found here:  https://culturalpropertyobserver.blogspot.com/2023/06/cpac-should-be-skeptical-about-new.html (last visited June 7, 2023).

                The International Association of Professional Numismatist’s (IAPN’s) written comments about the MOU with Bulgaria can be found here:  https://www.regulations.gov/comment/DOS-2023-0016-0010 (last visited June 7, 2023).

                IAPN’s written comments about the MOU with the PRC can be found here:  https://www.regulations.gov/comment/DOS-2023-0016-0009 (last visited June 7, 2023).

                PT’s personal written comments can be found here:  https://www.regulations.gov/comment/DOS-2023-0016-0056 (last visited June 7, 2023).

                Doug Davis (DD) indicated that the PRC is a major source of counterfeits with 100,000s of coins being faked.  These are exported in bulk to the US for resale, often to unsuspecting buyers.   The Anti-Counterfeiting Educational Foundation Task Force has worked with US law enforcement on seizing $46 million worth of counterfeit US coins.  In addition to historical US coins, counterfeiters are also faking modern US Mint products including bullion pieces like silver eagles.  This is a global problem because Chinese counterfeiters are faking coins of all nations. 

                CPAC member Alex Barker asks DD about what kinds of bullion are being faked. DD indicates the fakes include silver bars. 

                The Anti-Counterfeiting Educational Foundation’s written comments can be found here: https://www.regulations.gov/comment/DOS-2023-0016-0067 (last visited June 7, 2023).

                Ömür Harmanşah (OH) indicates that the Archaeological Institute of America (AIA) supports the renewals of both MOUs.  The AIA maintains that each of the four criteria for renewal found in the CPIA are met for both MOUs.  OH mentions that the PRC recovered 66,000 stolen archaeological artifacts in the year 2021 showing that the PRC’s cultural patrimony is in jeopardy.  OH states that it is important to ensure restrictions are imposed on mass produced items like coins to promote their study.  He further indicates that the PRC has worked to ensure that there is extensive collaboration with US archaeologists and museums.  For example, an exhibition featuring the famous “Terracotta warriors” has been exhibited in a number of venues around the United States. 

                The AIA’s written testimony regarding the MOU with Bulgaria can be found here:  https://www.regulations.gov/comment/DOS-2023-0016-0068 (last visited June 7, 2023).

                The AIA’s written testimony regarding the PRC renewal can be found here:  https://www.regulations.gov/comment/DOS-2023-0016-0066 (last visited June 7, 2023). 

                Douglas Mudd (DM) speaks on behalf of the American Numismatic Association (ANA) and the Ancient Coin Collectors Guild (ACCG), a member organization.  DM indicates that import restrictions have negatively impacted the study of coins.  Because coins are so durable many have come down to us from ancient times. There are far too few trained archaeologists to study the numbers of coins that have been found and there is no reason to sequester them all in museums.  The most important thing that can be accomplished is to ensure they are properly recorded, something that can be achieved through programs like the UK’s Portable Antiquity Scheme.  DM also asks that import restrictions not be imposed on widely circulating Roman Imperial coins.  He further believes that the current designated list should be subject to expert review because many of the coin types currently on that list circulated in quantity outside of the confines of Bulgaria. 

                The ANA’s written comments can be found here:  https://www.regulations.gov/comment/DOS-2023-0016-0006  (last visited June 7, 2023).

                The ACCG’s written comments can be found here:  https://www.regulations.gov/comment/DOS-2023-0016-0031 (last visited June 7, 2023).

                Louisa Greve (LG) opposes the MOU with the PRC.  The PRC is committing genocide against the Uyghurs.  CPAC should not brush aside this genocide and cultural cleansing in order to approve the renewal.  The current MOU authorizes import restrictions through the Tang period.  The PRC has sought to rewrite history through cultural cleansing to create a false narrative that Han was the dominant culture throughout what is today the PRC.  If CPAC and ECA approves this MOU, the Uyghur Human Rights Project (UYRP) will protest the decision. 

                The UYRP’s written comments can be found here:  https://www.regulations.gov/comment/DOS-2023-0016-0069 (last visited June 7, 2023).

                Peter Irwin (PI) is LG’s colleague at the UYRP.  The PRC has not worked to protect cultural heritage, but to purposefully destroy that of the Uyghurs.  Some 10,000 to 50,000 sites have been destroyed to date.  These includes mosques and up to 85% of the historic city of Kashgar. The MOU should not be extended in these circumstances. 

                Josh Knerly (JK) stated the Association of Art Museum Directors (AAMD) supports the extension of the MOU with the PRC contingent on Article II being modified to provide for multi-year museum loans with more significant objects and the PRC granting immunity from seizure for art sent there for display from the US.  The 2019 MOU dropped any meaningful requirements regarding loans.  Multi-year loans are necessary to make it cost effective to bring exhibits to the US.  Only multi-year loans allow museums to share the substantial costs involved. Another issue is US tariffs of 7.5% on Chinese art, which make it impossible for US museums to purchase Chinese art internationally.  Such tariffs give Chinese museums, dealers and collectors a competitive advantage compared to their American counterparts. 

                CPAC member Susan Schoenfeld Harrington asks JK if the MOU provides an opportunity for cultural exchange with the PRC.  JK indicates for this to happen, the PRC needs to change its policies on long term loans and immunity from seizure.

                The AAMD’s written comments can be found here:  https://www.regulations.gov/comment/DOS-2023-0016-0061 (last visited June 7, 2023).

                Dr. Rowan Flad (RF) indicates that the PRC has undertaken significant self-help measures to protect its own cultural patrimony.  A database of cultural heritage has been established.  There is active collaboration with American archaeologists. 

                RF’s written testimony may be found here:  https://www.regulations.gov/comment/DOS-2023-0016-0055 (last visited June 7, 2023).

                Dr. Anne Underhill (AU) states that the PRC has met its obligations under the MOU.  It has protected archaeological sites from looting.  One innovative program has used drones to monitor a site for looting.  Another development is an increase in “indoor excavations,” for which entire depositional matrices are transported to covered labs for careful excavation in safe conditions.  In 2020, 4,200 crimes were investigated, involving 9,700 individuals. Some 93,000 artifacts were recovered.  Access to museums has improved.

                AU’s written comments can be found here: https://www.regulations.gov/comment/DOS-2023-0016-0057  (last visited June 7, 2023).

                Dr. Rian Thum (RT) indicates that he could not make policy determinations, but he could state facts.  It is an unassailable fact that the PRC has failed to take measures consistent with the UNESCO Convention to protect its cultural patrimony.   It has demolished large parts of the Silk Road city of Kashgar.  It has recently bulldozed two very important Uyghur shrines, and any archaeological artifacts beneath them.  Another target is books.  Initially PRC authorities enforced a “blacklist” of forbidden books.  Now, however, that has been replaced with a “whitelist” which deems any book not explicitly permitted to be forbidden.  This has led to the confiscation and destruction of countless books, some of which are otherwise unknown to scholarship.  It has also prompted some Uyghurs to burn their own books in an effort to avoid being sent to concentration camps.  As was discussed regarding Bulgaria, modern boundaries don’t always correspond with ancient ones.  The same is also true with the status of the Uyghur region in the PRC.  RT observes all of the PRC’s achievements prior speakers associated with archaeological advocacy groups praised relate solely to the study of the PRC’s Han culture. These studies feed the PRC’s narrative.  The PRC seeks to rewrite history to make it appear that Han culture was always the dominant culture in the Uyghur areas.  RT expresses disappointment that his colleagues are unwilling to acknowledge the PRC’s intentional destruction of Uyghur cultural heritage for political purposes.

                No CPAC members asked any additional questions, and AJ concluded the public session approximately 10 minutes early.