On May 20, 2025, the US Cultural Property Advisory Committee (CPAC) met in a virtual public session to accept comments regarding a proposed Cultural Property Agreement or Memorandum of Understanding (MOU) with the Socialist Republic of Vietnam as well as renewals of current agreements with the Republics of Chile, Costa Rica, and Italy and the Kingdom of Morocco. The meeting was rescheduled from an earlier date of February 4-6, 2025, pursuant to President Trump’s regulatory freeze, which has now been lifted. The Ancient Coin Collectors Guild, the Global Heritage Alliance, and the International Association of Professional Numismatists all sought an additional postponement to allow time for the Trump Administration to appoint its own CPAC members and decision-maker, but this request was denied.
The Bureau of Educational and Cultural Affairs’ (ECA’s)
website describes these requests as follows:
Vietnam
Vietnam seeks protection for archaeological and ethnological
materials from ca. 75,000 BCE to 1945 CE, from the following time periods and
cultures: Paleolithic (c. 75,000 BCE – 10,000 BCE), Neolithic period (c. 10,000
BCE – 2,000 BCE), Bronze Age (c. 2,000 BCE – 1,000 BCE), and Iron Age (c. 1,000
BCE – 200 CE), the Ancient period (2,879 BCE - 179 BCE), Northern domination
period (179 BCE – 939 CE), and the Dynasty and Monarchy period (939 – 1945 CE)
including objects made from gold, silver, ceramic, stone, metal, copper,
bronze, iron, bone, horn, ivory, gems, silk and textiles; lacquerware and wood;
bamboo and paper; glass; coins; and painting and calligraphy.
Chile
Extending the Chile MOU would continue
import restrictions on categories of archaeological material ranging in date
from approximately 31,000 B.C. to 1868 A.D.
Costa Rica
Extending the Costa Rica MOU would
continue import restrictions on categories of archaeological material ranging
in date from approximately 12,000 B.C. to the time of the establishment of
Hispanic culture in Costa Rica (approximately 1550 A.D.).
Italy
Extending the Italy MOU would continue
import restrictions on categories of archaeological material ranging in date
from approximately 900 B.C. to 400 A.D.
Morocco
Extending the Morocco MOU would continue
import restrictions on categories of archaeological material ranging in date
from approximately one million B.C. to approximately 1750 A.D. and certain
ethnological material from the Saadian and Alaouite dynasties, ranging in date
from approximately 1549 to 1912 A.D.
Cultural Property Advisory Committee Meeting, May 20-23, 2025,
Bureau of Educational and Cultural Affairs Media Center (amended May 1,
2025) available at https://eca.state.gov/highlight/cultural-property-advisory-committee-meeting-may-20-23-2025
(last visited May 21, 2025).
The CPAC members did not introduce themselves before the
public session, but CPAC currently includes the following individuals appointed
by President Biden: (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. None of the members identified themselves to
the speakers so it was difficult to ascertain who attended the meeting.
There were also Bureau of Educational and Cultural Affairs
Cultural Heritage Center staff present, including Glen Davis, Director of the Cultural Heritage
Center and Andrew Zonderman, a Foreign Affairs Officer who is serving as CPAC’s
Executive Director. Messrs. Davis and
Zonderman are new to their positions.
The Chair, Alexandra Jones, welcomed the speakers. She thanked the speakers for attending,
indicated that all comments had been read, and that speakers would be given five
minutes each to present their oral comments.
Dr. Ömür Harmanşah spoke as the
Vice President for Cultural Heritage, Archaeological Institute of America (“AIA”). Given time constraints, he focused his
comments on Italy and Morocco and the new MOU with Vietnam. He stated that the AIA was chartered by Congress in 1906 and
that today it has some 200,000 members which includes professionals and members
of the interested public. Dr. Harmanşah argued
that all three countries suffered from looting which is a global phenomenon. He
praised the work of the Carabinieri, noting that had successfully dismantled
two looting networks recently. He indicated that the French government had
repatriated 35,000 objects to Morocco seized from and illicit collection. He
further indicated that bronze and iron age sites suffered from looting in
Vietnam. He further indicated that all three countries
had taken self-help measures to protect their own cultural patrimony. The work of the Carabinieri and their
cooperation with the Manhattan DA’s office and Homeland Securities
Investigations is well known. Harmanşah also highlighted loans being used for cultural
exchange purposes. He mentioned that
Morocco loaned materials to Northwestern University’s Block Museum of Art for
the exhibition, “Caravans of Gold, Fragments in Time: Art, Culture, and
Exchange across Medieval Saharan Africa.”
The AIA’s written comments about the Proposed MOU with the
Socialist Republic of Vietnam can be found here: https://www.regulations.gov/comment/DOS-2024-0048-0181
The AIA’s written comments on the Renewal with the Republic
of Chile can be found here:
https://www.regulations.gov/comment/DOS-2024-0048-0178
The AIA’s written comments about the Renewal with the
Republic of Italy can be found here:
https://www.regulations.gov/comment/DOS-2024-0048-0179
The AIA’s written comments about the Renewal with the
Kingdome of Morocco can be found in the 2024 docket here:
https://www.regulations.gov/comment/DOS-2024-0048-0180
Peter Tompa spoke as executive director for the
International Association of Professional Numismatists (IAPN). He indicated that the Trump Administration’s
emphasis on promoting American business and scaling back regulations require
CPAC to consider a new paradigm, one which facilitates the lawful trade in
common items like coins, particularly where they are already legally available
for sale in countries seeking restrictions.
With regard to the Italian
renewal, there should be no further expansion of the current designated list to
include late Roman Republican and Roman Imperial coins. One cannot assume that Roman Imperial coins
are found in Italy. Scholarly evidence demonstrates
that only 5.24% of the 15,000 coin hoards containing 6 million coins are found
there. Larger denomination Greek era
coinage that circulated in international trade should be delisted. Given Italy’s large internal market, issuance
of export certificates should be mandated and US Customs should also recognize
legal exports from Italy’s sister European Union countries as legal imports
under the MOU. There should be no new
restrictions placed on coins for Vietnam. Coins are openly sold there at a gift
shop at the Hue UNESCO World Heritage site.
It would be confusing to place restrictions on cash coins that are
inconsistent with those for China, given the fact that many more times such
coins are found in China. There should be no restrictions on machine struck coins
of the French protectorate, minted in France or in the US, as they do not fit
the definitions of either archaeological or ethnological objects. The Moroccan
designated list should be scrapped because it is so broad that importers lack
fair notice of what particular coins are actually restricted. Spanish colonial
and early Republican era coins that circulated in Costa Rica and Chile
circulated in far greater quantities elsewhere, including as US legal tender
until 1857 and should remain unrestricted.
Peter Tompa’s oral statement can be found here: https://culturalpropertyobserver.blogspot.com/2025/05/its-time-for-reset.html
IAPN’s written comments seeking an additional postponement
can be found here: https://www.regulations.gov/comment/DOS-2025-0003-0014
IAPN’S written comments on the Proposed MOU with the
Socialist Republic of Vietnam can be found here: https://www.regulations.gov/comment/DOS-2025-0003-0019
IAPN’s written comments on Renewal with the Republic of
Chile can be found here: https://www.regulations.gov/comment/DOS-2025-0003-0017
IAPN’s written
comments on the Renewal of the MOU with the Republic of Costa Rica can be found
here, https://www.regulations.gov/comment/DOS-2025-0003-0013
IAPN’s written
comments on the Renewal with the Republic of Italy can be found here: https://www.regulations.gov/comment/DOS-2025-0003-0018
IAPN’s written comments on the Renewal with the Kingdom of
Morocco can be found here: https://www.regulations.gov/comment/DOS-2025-0003-0020
Peter Tompa’s personal comments as supplemented can be found
here: https://www.regulations.gov/comment/DOS-2025-0003-0041
Elias Gerasoulis spoke as executive director of the Global
Heritage Alliance (GHA) and also on behalf of the Committee for Cultural Policy
(CCP). Gerasoulis indicated each request failed to meet the four requirements
for either a new or extended MOU. He also noted that the number of MOUs issued
by CPAC has more than doubled in recent years. Over thirty countries are now
covered. Import restrictions now extend over virtually all cultural material
dating from prehistory to the early 20th century, lacking any connection to
actual looting or risk. Gerasoulis
indicated that a MOU with Italy is no longer necessary given the Carabinier’s
successful efforts to bring looting under control. Gerasoulis indicated that Morocco has prioritized
tourism over archaeological preservation and that there is no credible evidence
of serious looting. Gerasoulis also indicates that there is no evidence of serious
current looting in either Chile or Costa Rica.
He also mentions that the Director of Costa Rica’s national museum was
previously arrested for looting. Gerasoulis
then commented on the proposed MOU with Vietnam. Vietnam has a strong, public
domestic legal market, and is clearly focused on tourism rather than
archaeological protection – yet it seeks restrictions up until the mid-20th
century. The MOU request is about
asserting national branding and control over diaspora heritage.
CPAC member Andrew Connor disputed Gerasoulis’ statements
about looting arguing that proponents of the MOUs have all produced evidence of
looting. [CPO Comment: One of the
findings before a MOU can be completed is that “the cultural patrimony of the
State Party is in jeopardy from the pillage of archaeological or ethnological
materials.” 19 USC Section 2602 (a) (1)
(A). Proponents and opponents argue about
the extent and timing of the looting necessary to justify a MOU. Is historic looting with some continuing
looting enough as proponents maintain or must there be serious current looting
to justify an agreement as opponents argue?
Given the State Department’s desire to reach agreement on as many MOUs
as possible as “soft power” measures a lower bar for looting seems to have won
out, at least for the present.]
CCP’s and GHA’s written comments on the Proposed MOU with the Socialist Republic of Vietnam can be found here: https://www.regulations.gov/comment/DOS-2025-0003-0011
CCP’s and GHA’s written comments on the Proposed Renewal of
the MOU with Chile can be found in the 2024 docket here: https://www.regulations.gov/comment/DOS-2024-0048-0092
CCP’s and GHA’s written comments on the Proposed Renewal of
the MOU with Costa Rica can be found here: https://www.regulations.gov/comment/DOS-2025-0003-0108
CCP’s and GHA’s written comments on the Proposed Renewal of
the MOU with Italy can be found here: https://www.regulations.gov/comment/DOS-2025-0003-0010
CCP’s and GHA ‘s written comments for the Renewal with the
Kingdom of Morocco can be found here: https://www.regulations.gov/comment/DOS-2025-0003-0009
Frances Hayashida, the Director of the Latin American and
Iberian Institute at the University of New Mexico, spoke in support of the MOU with Chile. She stated artifacts were still being looted
from Chilean sites despite the best efforts of Chilean authorities. She specifically pointed to a sale of
textiles being stopped in 2021. She stated
that import restrictions create a chilling effect on the market. She further stated that the current MOU has
helped stimulate cultural exchanges between scholars in Chile and the U.S.
CPAC member Andrew Connor commends Hayashida for her
testimony that calls into question the statements about a lack of looting from
another speaker.
Scott Palumbo, an anthropologist at the College of Lake
County, Illinois, spoke in support of the MOU with Costa Rica. He has observed significant looting in Costa
Rica with sites looking like WWI battlefields.
He referenced the existence of a
large archeological society in Costa Rica.
He suggested that enforcement of laws against looting has meant that the
country is even running out of room to store recovered antiquities. He added that the current MOU had helped
stimulate cultural exchanges between scholars.
CPAC member Andrew Connor praises Palumbo’s testimony about
looting and further states that tourism and protection of cultural heritage are
not mutually exclusive and can complement each other.
Randy Myers spoke as a board member on behalf of the Ancient
Coin Collectors Guild (ACCG). He touched on several points focused on the MOU
with Italy. First, he indicated while the
State Department is doing better providing notice, the time provided remains
inadequate, making it difficult to solicit informed public comment. Second, Myers noted that the State
Department’s public notice indicates that the MOU is being treated as an
extension of the current agreement with Italy, not an expansion of the current
designated list. He stated if an
expansion of the current designated list is being contemplated, the State
Department must provide the public with notice about this proposal and allow
additional comment. Third, he emphasized
that unlike many ancient artifacts coins are mass produced, with dies used to
strike as many as 10,000 to 15,000 coins each.
This large production of coins combined with their wide dispersion means
that one cannot assume that late Roman Republican and Roman Imperial coins are
found in Italy. He then referenced the
same analysis that IAPN did that only 5% of Roman Imperial coin hoards are
found in what it today Italy. For that
reason, he concluded that one cannot assume that a Roman coin means an Italian one. He further indicated that he believes that
the State Department should encourage Italy and other countries to implement programs
akin to the Tresure Act and Portable Antiquities Scheme as the most effective
self-help measures.
CPAC member Alex
Baker asks a question, but it is difficult to hear. Myers interprets it as a question about what
is the best way to address looting to which Myers again reiterates the benefits
of the UK’s system.
The ACCG’s comments regarding the Renewal of the MOU with
Italy can be found here: https://www.regulations.gov/comment/DOS-2025-0003-0042
Doug Mudd spoke on behalf of the American Numismatic
Association (ANA), where he is the Curator of the Money Museum. He focused his comments on the proposed
renewal of the MOU with Italy. As an
archaeologist, he has seen the damaging effects of looting but he believes that
because of the massive quantities that were produced coins should be treated differently. He reiterated Tompa’s and Myers’ statements
that one cannot assume that a Roman coin was found where it was minted. He asked that no new import restrictions be
imposed on late Roman Republican and Roman Imperial coins. He
also asked that other widely circulating coins be delisted. Mudd believes that
restrictions on bringing coins into the
US negatively impacts the education of our own people about our own cultural
heritage.
The ANA’s comments regarding the Renewal of the MOU with
Italy can be found in the 2024 docket here:
https://www.regulations.gov/comment/DOS-2024-0048-0089
Benjamin Utting is an archeologist and anthropologist specializing
in the prehistoric cultures of Southeast
Asia. He spoke in support of the new MOU
with Vietnam. He indicated that an MOU would
stop the flow of black market antiquities into the U.S. and would also
encourage Vietnamese authorities to take further protective steps and spur
collaboration.
Notable Additional Written Comments
CINOA’s comments,
which can be found on the 2024 docket here:
https://www.regulations.gov/comment/DOS-2024-0048-0063
The Oriental Numismatic Society’s comments regarding the
proposed MOU with the Socialist Republic of Vietnam can be found here:
https://www.regulations.gov/comment/DOS-2025-0003-0015
The speakers finished 20 minutes early. As there were no additional questions, the
Chair thanked the speakers before closing the public session and continuing
discussions in private.
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