On April 26, 2022, the US Cultural Property Advisory Committee (CPAC) met to consider a proposed MOU with the Islamic Republic of Pakistan. The following members were present: (1) Stefan Passantino (Chairman- Public); (2) Steven Bledsoe (Public); (3) Karol Wight (Museums); (4) J.D. Demming (Public); (5) Ricardo St. Hilaire (Archaeology); (6) Joan Connelly (Archaeology); Rachael Fulton Brown (Archaeology); (7) Anthony Wisniewski (Collector-Sale of International Cultural Property); (8) Mark Hendricks (Sale of International Cultural Property); and (9) David Tamasi (International Sale of Cultural Property). Allison Davis, CPAC’s State Department Executive Director, and Michele Prior, also of ECA, were also present.
Chairman
Passantino welcomed the speakers. He indicated that the
Committee had read all the comments which he found helpful and useful. As
there were only four speakers, while a five-minute limit would be observed,
there would be time left over for questions.
The following speakers addressed the Committee: (1) Dr. Brian
Daniels (Archaeological Institute of America); (2) Randy Myers (Ancient Coin
Collectors Guild (ACCG); (3) Peter Tompa (Peter Tompa Law representing
the International Association of Professional Numismatists (IAPN)); and (4) Kate
FitzGibbon (Committee for Cultural Policy and Global Heritage Alliance).
Dr. Brian Daniels (BD) indicated there was plenty of evidence of
site looting, particularly of Gandharan material. This was most recently demonstrated by the NY
DA’s recent repatriation of Gandharan sculpture. BD indicated that Pakistan met all the
criteria for a MOU. There are
antiquities laws on the books which are now enforced at a regional level. U.S.-Pakistani archaeological collaborations
have taken place at Harappa in Punjab Province, Pakistan. Pakistani scholars have expressed an interest
in supplying loans to US museums.
The AIA’s written comments can
be found here: https://www.regulations.gov/comment/DOS-2022-0008-0036
Randy Myers (RM) focused
on two procedural objections and one substantive objection. He indicates that the notice period of fourteen
days is simply too short to elicit much informed comment. He also indicates that the notice was
procedurally deficient because there was little justification provided for the
apparent inclusion of coins in this request.
He stated that as a retired U.S. Government attorney who worked on
administrative matters, he believed that the notice of this hearing provided to
the public to comment was deficient.
Substantively, RM focused on one issue related less drastic measures to
be considered before import restrictions may be imposed. He indicated that Pakistan should consider a
program akin to the Portable Antiquities Scheme and Treasure Act as an
alternative to import restrictions on coins.
The ACCG’s written comments can
be found here: https://www.regulations.gov/comment/DOS-2022-0008-0007
Peter Tompa (PT) focused
on three major points. First, how can
Customs assume a given coin was “first discovered within” and “subject to”
Pakistani export control given the overlap in find spots in Pakistan, India, Afghanistan and Bangladesh? Second, why restrict coins at all given the
existence of a large internal market in Pakistan itself? The rationale for import restrictions is that
they will dampen market demand and hence decrease the incentive for looting,
but US import restrictions would only have a negligible impact on demand
because the primary market for Pakistani coins appears to be within Pakistan
itself. Finally, even if coins are
restricted, CPAC should condition any import restrictions on coins on the
provision the availability of easily obtainable export certificates.
The IAPN’s written comments can
be found here: https://www.regulations.gov/comment/DOS-2022-0008-0010
Kate FitzGibbon (KFG) starts
her presentation discussing a screen shot posted on Twitter from 2020 showing construction workers smashing a large
Gandharan Buddhist statue with sledgehammers in the city of Mardan, Pakistan. She goes on to describe poor stewardship of Pakistan’s
cultural heritage that goes back at least to the 1970s. She notes that Pakistan
has pawned off caring for cultural heritage to localities and that a scant
$300,000 is spent annually on archaeology, which mostly goes to salaries of the
cultural heritage bureaucracy. She
suggests that lack of interest, lack of education and discomfort about teaching
pre-Islamic history in schools are major culprits. However, the main problem is
top to bottom corruption in Pakistani society.
She urges that the State Department provide grants and educational help
to try to build a cultural infrastructure that will enable basic protections
inside Pakistan. She indicates this will be far more effective in safeguarding
heritage than an MOU that will have no domestic effect inside Pakistan, and no
legal justification under US law.
The CCPs and GHAs written submission can be found here: https://www.regulations.gov/comment/DOS-2022-0008-0037
Chairman
Passantino then allowed CPAC members a brief time for questions.
Anthony
Wisniewski asks KFG about open sales of cultural heritage in Pakistan. She noted that coins are widely sold at the
bazar in Peshawar. She also indicates
that items like old copper pots are often repurposed, noting that a pot she
once owned while she lived in Pakistan showed up as a prop on a Pakistani TV
program. She also indicated that
beautiful old wooden architectural carvings are shipped out of Pakistan by the
container load. The use of modern air
conditioning has prompted homeowners to strip wood decorations out of their
homes because it does not react well to an air-conditioned environment. KFG does not believe a MOU will have any
positive impact on the preservation of cultural heritage because of the endemic
corruption in Pakistan.
Rachael
Fulton Brown asks KFG if she believes import restrictions limited to
specific period like the Hellenistic and Gandharan period could be
effective. KFG did not believe so
because of the endemic corruption. She
also notes in passing that the material seized by the NY DA left Pakistan at
least ten years ago and much of it appeared to be fake.
Ricardo
St. Hilaire asks BD if he agrees with KFG’s characterizations of an
internal market in Pakistan. He
indicates that while such a market is tolerated, that does not mean that it
legal or that such material would be allowed to be exported. BD believes that a
MOU would function as a loadstar to encourage Pakistani officials to crack down
on corruption and the illicit trade.
Karol
Wight asks BD to comment on museum loans in the absence of an AAMD (Association
of Art Museum Directors) representative speaking. BD indicates there has been efforts to secure
loans. He suggests that the visa problems
Pakistani couriers had transporting an exhibit to the Asia Society may have made
Pakistan gun shy. He believes that a MOU
could smooth over such issues.
Mark
Hendricks asks BD whether he believes that the existence of a large
internal market in Pakistan will limit the impact of a MOU on looting. BD
believes that a MOU will help encourage Pakistani officials to crack down on
illegal activity and prohibit illicit exports.
Anthony
Wisniewski asks BD if items made in quantity can have cultural
significance. BD answers they can
because studying groups of objects can tell us significant things about ancient
cultures. He gives the example of the forensic
examination of the metallurgy of a collection of bronze ingots.
Anthony
Wisniewski asks PT whether a coin made outside of Pakistan could be claimed
as Pakistani under the CPIA. PT indicated
this would require Pakistan to demonstrate with scholarly evidence that the
coin type was only found in Pakistan or show that a particular coin actually
came from there. He also indicated that
it would be difficult to show that such a coin had cultural significance to Pakistan. PT believes that BD has confused archaeological
interest with cultural significance, which requires an object to have
importance to a given culture. He indicated
that it would be difficult for Pakistan to show that a coin made outside of
Pakistan had cultural significance to Pakistan.
Chairman
Passantino then thanked the speakers and CPAC went into a recess before
reconvening in a closed session.