On June 4, 2024, the US Cultural Property Advisory
Committee (“CPAC”) met in a virtual public session to hear public comments
regarding proposed renewals of Memorandums of Understanding (“MOUs”) with Ecuador
and Jordan and a new proposed MOU with Ukraine.
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, June 4-6, 2024, Bureau of Educational
and Cultural Affairs Media Center (April 30, 2024), available at https://eca.state.gov/highlight/cultural-property-advisory-committee-meeting-june-4-6-2024
(last visited June 5, 2024). That
document indicated that neither Ecuador nor Jordan sought restrictions on
additional categories of materials. Ukraine,
however, sought restrictions on a wide variety of archaeological and
ethnological objects as follows:
Ukraine
Protection is sought for archaeological material from the
Paleolithic Period (approximately 1.4 million years ago) to 1774 CE, including
metal (sculpture, jewelry, weapons, coins, vessels, and horse fittings and
trappings); ceramic (sculpture, vessels, and seals); stone (sculpture,
monuments, vessels, tools, and jewelry); bone, ivory, wood, horn, and other
organic material; glass and faience; paintings and mosaics. Ethnological
materials for which protection is sought span from the Roman Period (3rd century
CE) to 1917 CE and include religious, ritual, and ecclesiastical objects; rare
books, manuscripts, and other written documents; architectural elements;
objects related to funerary rites and burials, both ritual and secular;
paintings; military material; and traditional folk clothing and textiles.
Id.
The CPAC members did not introduce themselves before the
public section, 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 meeting was conducted entirely on Zoom. At least the following members were
present: Jones; Teitelman; Quarcoopome;
and Stark. CPAC’s executive director,
Allison Davis, was also present.
The Chair, Alexandra Jones, welcomed the speakers. She indicated that speakers would be given four
minutes each given the number of oral comments.
Dr. Chris Jasparro, Associate Professor in the National
Security Affairs Department and Director of the Africa Regional Studies Group
at the Naval War College, spoke first. He
indicated that a MOU with Ukraine would be an important tool to fight organized
crime and Russian aggression. Jasparro
maintained that Russian forces destroyed archaeological sites, but also looted
small items which would then enter international markets. He also indicated that a MOU could act as a
token of American support for Ukraine. He
further maintained that “stolen antiquities” were used to test smuggling routes
for other, more dangerous items. The factual
basis for this contention is unclear.
Dr. Patricial Juninska of Artyfact, an archaeological
management company, spoke next. She indicated
that 341 Kurgans or burial mounds have been damaged during the war. She believed that a MOU will demonstrate our
support for Ukraine and its efforts at preservation during a difficult time.
Dr. Sam Hardy of the Norwegian Institute for Cultural
Heritage Research (NIKU) spoke next.
He indicated that Ukraine has struggled for years against looters. Russian looting and destruction of cultural
heritage is being investigated as a war crime.
Looting incentivizes corruption. Hardy
has found social media indicating that Russian mercenaries have been trading in
antiquities. One of these individuals was pictured with Russian President Putin
and former Russian Defense Minister Shoigu.
Adam Rabinowitz, an Associate Professor at University of
Texas at Austin, spoke next. Rabinowitz
is familiar with Ukraine through his prior work at Chersonesus. Rabinowitz believes that much of the looting caused
by the war is of small metal objects. He
noted that metal detectors are widely available in Ukraine and that artifacts
like coins will be found by farmers during demining operations. He believed that farmers and others will be
tempted to sell such material on eBay, and this material should be kept off the
market. He maintained Ukrainian
officials are doing the best they can under the circumstances and have thus have
met the Cultural Property Implementation Act’s (“CPIA’s”) self-help
requirements.
His written testimony may be found here: https://www.regulations.gov/comment/DOS-2024-0015-0049
(last visited June 5, 2024).
Randolph Myers next spoke on behalf of the Ancient Coin
Collectors Guild (“ACCG”). Myers chastised the State Department for
failing to meet the notice requirements of the Administrative Procedure
Act. He indicated that circulation of
coinage is complex, and one cannot assume many coin types are found in Ukraine
given their much wider circulation patterns.
He also indicated that the United Kingdom’s Portable Antiquities Scheme
provides an excellent example of a “less drastic measure” that should be adopted
before import restrictions are imposed.
The ACCG’s and the American Numismatic Association’s
testimony on Ukraine can be found here:
https://www.regulations.gov/comment/DOS-2024-0015-0010
(last visited June 5, 2024).
Their testimony on Jordan can be found here:
https://www.regulations.gov/comment/DOS-2024-0015-0011
(last visited June 5, 2024).
Peter Tompa next spoke as the Executive Director of the
International Association of Professional Numismatists (“IAPN”). He
raised four points. First, political geography explains why one cannot
assume that coins found in Ecuador, Jordan or Ukraine, are only found
there. Each of these countries were
small parts of larger political entities for much of their histories, meaning
that coins that circulated within their current boundaries also circulated in
quantity elsewhere. Second, CPAC must
consider the realities on the ground, in particular the existence of large open
markets in both Jordan and Ukraine. Given
these markets, assisting Jordan and Ukraine to create workable web-based
systems of providing export certificates for common items like coins should be
contemplated. Another reality is the use
of metal detectors. The best way to deal
with metal detectors is to help Jordan and Ukraine create a working Portable
Antiquities Scheme. Congressional appropriators
have highlighted the importance of the CPIA’s reporting requirements,
particularly the mandate that “less drastic measures” have to be considered
before import restrictions are imposed.
The creation of a workable system of export permits, a portable
antiquities scheme and more focused enforcement are just such “less drastic
measures” that Congress contemplated.
Peter Tompa’s oral comments can be found here:
https://culturalpropertyobserver.blogspot.com/2024/06/cpac-meeting-to-discuss-renewals-of.html
(last visited June 6, 2024).
His personal comments can be found here:
https://www.regulations.gov/comment/DOS-2024-0015-0039
(last visited June 6, 2024).
IAPN’s comments on the proposed renewal of the MOU with
Ecuador can be found here:
https://www.regulations.gov/comment/DOS-2024-0015-0003 (Last visited June 6, 2024).
IAPN’s comments on the proposed renewal of the MOU with Jordan
can be found here:
https://www.regulations.gov/comment/DOS-2024-0015-0004
(last visited June 6, 2024)
IAPN’s comments on the proposed MOU with Ukraine can be
found here:
https://www.regulations.gov/comment/DOS-2024-0015-0012
(last visited June 6, 2024).
Elias Gerasoulis next spoke on behalf of the Global
Heritage Alliance (“GHA”) as its executive director. GHA submitted joint testimony with its sister
organization, the Committee for Cultural Policy (“CCP”). Gerasoulis focused his comments on Jordan. He also indicated that Kate FitzGibbon, his
colleague from the CCP was unavailable, so he would also be available to answer
any questions about Ecuador and Ukraine.
He noted that the State Department previously approved its MOU with
Jordan based on historic looting that took place in the 19th and 20th
centuries. He also called out Jordan for
allowing sales of coins at the Petra archaeological site and at a bourse in
Amman.
He argued that such internal
sales of coins to locals and tourists was inconsistent with any effort to
embargo their entry into the United States.
He mentioned that the coin bourse in Amman was opened by a Jordanian
princess, which suggested that it was an event sanctioned by the Jordanian
government.
One CPAC member asked Gerasoulis about the lack of
evidence being provided regarding current looting in Jordan. Gerasoulis indicates he would welcome such evidence,
but none had been provided publicly by either the State Department or Jordan
for purposes of justifying this renewal.
GHA’s and CCP’s comments regarding the renewal of the MOU
with Ecuador can be found here:
https://www.regulations.gov/comment/DOS-2024-0015-0045
(last visited June 6, 2024).
Their comments regarding the renewal of the MOU with
Jordan can be found here:
https://www.regulations.gov/comment/DOS-2024-0015-0036
(last visited June 6, 2024).
Their comments regarding the proposed MOU with Ukraine
could be found here: https://www.regulations.gov/comment/DOS-2024-0015-0053
(last visited June 6, 2024).
Katie Paul spoke as the founder and co-director of the
Antiquities Trafficking and Heritage Anthropology Research (ATHAR) Project. Paul discussed her advocacy group’s use of
screen shots taken from eBay and other social media platforms as evidence of
significant looting that must be addressed.
She maintained there was no legal market for archaeological objects in
Jordan. Despite evidence submitted by
IAPN, GHA, and CCP to the contrary, she maintained that there was no legal
market for coins in Jordan. She noted
that Jordan does have a numismatic museum instead. Paul stated that Ukrainian metal detectorists
sell directly to American buyers. She
indicated that a hoard of 2,500 coins from the Black Sea coast was recovered by
the authorities. She further indicated
that Ukraine needs US assistance to stem widespread looting.
ATHAR’s comments regarding the proposed renewal of the
MOU with Jordan are here:
https://www.regulations.gov/comment/DOS-2024-0015-0050
(last visited June 6, 2024).
ATHAR’s comments regarding the proposed MOU with Ukraine
can be found here:
https://www.regulations.gov/comment/DOS-2024-0015-0052
(last visited June 6, 2024).
Morag Kersel is an Associate Professor of Anthropology at
DePaul University in Chicago. She spoke
from Jordan where she is working.
Professor Kersel discussed her “Follow the Pots” project which tracked
looted biblical era pots on the market.
Biblical era materials are in demand in the United States. She also discussed the cooperation of the
Jordanian government with American archaeologists and museums. She believed that the MOU should be renewed.
Professor Kersel’s comments can be found here:
https://www.regulations.gov/comment/DOS-2024-0015-0041
(last visited June 6, 2024).
James Zeidler is an Emeritus Research Professor at
Colorado State University. Zeidler has
excavated in Ecuador for the past 50 years.
He indicated that looting has declined in Ecuador since the 1980’s due
to increased enforcement and better community engagement. Though looting has declined, he maintained
that the current MOU still should be renewed to help protect Ecuadorian
cultural heritage.
Professor Zeidler’s comments can be found here:
https://www.regulations.gov/comment/DOS-2024-0015-0044
(last visited June 6, 2024).
Sarah Rowe is an Associate Professor Department of
Anthropology at the University of Texas Rio Grande Valley. Professor Rowe commended Ecuador for its
efforts at community engagement including the training of local and foreign
archaeologists. She also praised the
creation of the first code of archaeological ethics for Latin America in
Ecuador as well as programs with local communities aimed at discouraging
looting.
Dr. Ömür Harmanşah spoke as the Vice President for
Cultural Heritage, Archaeological Institute of America (“AIA”). Harmanşah indicated that the AIA strongly
supported a MOU with Ukraine to help address Russian looting of archaeological
objects. He noted that Ukraine sent
museum displays to the U.S. in the 2,000s.
He believed the MOU could also address illicit digs in the occupied Crimean
Peninsula.
The AIA’s comments on the renewals for Ecuador and Jordan
and the new MOU for Ukraine are not available in the record posted in
regulations.gov, but they are posted here:
https://www.archaeological.org/aia-submits-letters-to-u-s-cultural-property-advisory-committee/
(last visited June 6, 2024).
Tess Davis spoke as the Executive Director for the
Antiquities Coalition, an archaeological advocacy group. Ms. Davis indicated that she also serves on
the faculty at Johns Hopkins University and is a member of the Council of
Foreign Relations. Ms. Davis discussed
her work in Cambodia exposing the Latchford criminal network. She maintained that import restrictions are
“consumer protection measures” that help keep “stolen” artifacts off the
market. She also indicated that the
Antiquities Coalition works closely with both the State Department, G-13 countries
and individual source countries to facilitate cultural property MOUs and other
restrictions on the trade meant to deter illicit trade. She maintained that CPIA import restrictions can
be complied with “simply” with the
required documentation.
Jeremy Sabaloff is an American anthropologist and past
president of the Santa Fe Institute.
Sabaloff previously served as CPAC’s Chair during the Obama
Administration. Sabaloff did not speak
directly about any of the MOUs. Instead,
he praised the work of CPAC and the importance of MOUs to our foreign relations
and fostering “legitimate” trade.
Chair Alexandra Jones closed the CPAC public session
about 10 minutes before the one hour allotted for the meeting expired. Despite the additional time that was
available, there were no additional questions from CPAC members.
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