Thursday, September 20, 2018

ACCG Seeks Rehearing

The Ancient Coin Collectors Guild has sought rehearing of the 4th Circuit's affirmance of the District Court's decision to forfeit the Guild's ancient Cypriot and Chinese coins originally imported for purposes of its test case.  In making its request, the Guild has stated,

"The Panel’s decision collapses any meaningful distinctions among detentions, seizures and forfeitures and between ultra vires and constitutional review.  Furthermore, it has effectively rewritten prospective, targeted CPIA import restrictions into embargoes on all archaeological objects of types found on designated lists.  Amicus support attests to the public importance of these issues.  Rehearing is warranted.... This Court should not sanction assuming away important elements of the Government’s prima facie case.  Nor should the Court close its eyes to relevant information, including Government admissions, or further a demonstrably false narrative about how import restrictions on coins were promulgated to justify its decision."

Update (10/26/18)-  The 4th Circuit has denied the Guild's request for rehearing so the Guild will now seek certiorari from the Supreme Court.  Cultural Property News has written a good story about this case.  See 

Wednesday, September 19, 2018

Chinese Art and Antiques Saved from Tariffs

The Trump Administration has abandoned plans to place up to 25% tariffs on Chinese art, antiques and historical coins.  The office of US Trade Representative was evidently swayed by arguments that collateral damage to US small businesses and cultural exchange with our allies in the United Kingdom, the EU and Asia, particularly Japan from tariffs outweighed any benefits.  If anything, such tariffs would play into Chinese Government efforts to redirect Chinese art back to China for the benefit of wealthy collectors and auction houses associated with the Chinese government.  Now, if only the State Department would rethink the proposed renewal of the cultural property MOU with China, which raises many of the same issues.