On July 14, 2026, the US Cultural Property Advisory Committee (CPAC) met in a virtual public session to accept comments regarding a proposed Cultural Property Agreement with Romania and renewals with Albania and Nigeria.
The State Department described these requests as follows:
Romania
The Government of Romania seeks protection
for archaeological materials from approximately 2 million years
ago to A.D. 1800, and ethnological material from approximately
the beginning of the 4th century A.D. to A.D.
1800. Archaeological material is from the following
periods: Paleolithic, Neolithic, Chalcolithic, Bronze Age, Iron
Age (including Dacian, Thracian, Archaic-Classical Greek,
Hellenistic, and Roman Republic periods), Early Roman
Empire, Late Roman Empire, Migration Periods/Early Middle Ages, Middle
Ages/Byzantine/Ottoman periods, Renaissance/Early Modern periods, and the
Modern period, and includes objects made from stone, metal, ceramic,
bone, ivory, horn, wood, other organic materials, glass and faience, textiles,
documents, and paintings. Ethnological material is from the Late Roman
Empire, Migration Periods/Early Middle Ages, Middle Ages/Byzantine/Ottoman
periods, and Renaissance/Early Modern periods, and includes objects
made from stone, metal, ceramic, bone, horn, ivory, wood, glass, textiles and
garments, documents and archives, paintings, and mosaics.
Albania
Extending the Albania MOU would
continue import restrictions on categories of archaeological material ranging
in date from approximately 300,000 years
ago to A.D. 1750, and ethnological material ranging in date
from approximately A.D. 400 to 1913.
Nigeria
Extending the Nigeria MOU would
continue import restrictions on categories of archaeological
material ranging in date
from approximately 1500 B.C. to A.D. 1770,
and ethnological material ranging in date from approximately A.D. 200 to
the early 20th century A.D.
See https://www.state.gov/cultural-property-advisory-committee-meeting-July-14-16-2026/
The meeting was conducted entirely on Zoom. None
of the CPAC or ECA staff identified themselves to the speakers, so it was
difficult to confirm who attended the meeting.
Nevertheless, based images from the Zoom platform, the following
members (all appointed by President Biden) appeared to be present: (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) and; (7) Cynthia Herbert
(Represents/Expertise: International Sale of Cultural Property President,
Appretium Appraisal Services LLC, Connecticut).
In contrast, the following members appeared to be absent: (8)
Amy Cappellazzo, Represents/Expertise: International Sale of Cultural Property,
Principal, Art Intelligence Global; (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)).
There were also Bureau of Educational and Cultural Affairs
(ECA) Cultural Heritage Center staff present, presumably including Glen Davis,
Director of the Cultural Heritage Center and Andrew Zonderman, who is serving
as CPAC’s Executive Director.
The Chair, Alexandra Jones, welcomed the
speakers. She thanked the speakers for attending, and then indicated
that speakers should try to limit themselves to 4 minutes and 30 seconds each given the number of presenters.
Dr. Ömür Harmanşah spoke as the Vice President for
Cultural Heritage, Archaeological Institute of America (AIA). He
first provided some background about the organization. The AIA
currently has 150,000 members, a figure that includes not only professional
archaeologists, but others interested in archaeology, including subscribers to
the AIA’s magazine. The AIA supports all three Cultural
Property Agreements (CPAs). He notes Romania and Albania have hosted
American archaeologists and have offered museum loans. Moreover, both countries
face continuing problems with looting. For example, an important helmet excavated in
Romania was stolen from a museum in the Netherlands and the AIA’s letter
references a report about looting in Albania. While there has been less
collaboration with Nigeria, an American archaeologist was recently awarded with
a grant to study glass production in Nigeria.
Here are links to the AIA’s written comments:
Albania: https://www.regulations.gov/comment/DOS-2026-0628-0066
Nigeria: https://www.regulations.gov/comment/DOS-2026-0628-0068
Romania: https://www.regulations.gov/comment/DOS-2026-0628-0067
Elias Geraoulis spoke as the Executive Director of the Global
Heritage Alliance (GHA). Gerasoulis
focused his oral testimony on Nigeria.
He urged the Committee to reject or pause extension of a CPA. He believes this CPA must be examined in
light of pressing issues pertaining to U.S.-Nigeria relations. He noted that the Trump Administration and
Congress have expressed grave concerns about religious persecution and human
rights abuses in the country, including mass killings of Christians. He
believes Nigeria is a failed state with much of the North currently under the
control of terrorist organizations such as Boko Haram. He further noted that other armed groups have
moved from the North southward with parts of the army being compromised as
well. He further argued that Nigeria is
a failed state, and that should raise questions about the safety of any
cultural objects which may be repatriated there.
CPAC member Nii Otokunor Quarcoopome questioned whether Christians are
really being targeted and argued that CPAC in any case should not address any
such concerns in the context of deliberating about at CPA.
Elias Gerasoulis countered that he based his testimony on
statements of members of Congress and the Administration. His view is that any renewal must be
considered in the context of current diplomatic relations with Nigeria.
Teresa Ngan is a student associated with the Oregon
Archaeological Society. She believes that CPAs are necessary to
protect our understanding of Romanian and Albanian archaeology. She shared her screen to show images of various
artifacts, including inscriptions and jewelry. She argued that CPAs are necessary to protect
both archaeological context and our knowledge of ancient societies.
Peter Tompa spoke next as the Executive Director of the
International association of Professional Numismatists (IAPN). He noted
that IAPN had submitted comments on all the proposed CPAs, but focused his
words on the new CPA with Romania and the renewal with Albania. He first noted that the “designated list” for
Albania ignored numismatic research submitted by IAPN, was grossly overbroad,
and that efforts to limit it to coins that “circulated primarily” in Albania did
not comply with the “fair notice” requirements of the Cultural Property
Implementation Act (CPIA). With regard
to Romania, he indicated that the vast majority of coins that circulated there
also circulated regionally and internationally, making it impossible to
“assume” that they were “first discovered” within Romania, and hence were
subject to Romanian export control. He
then reminded the Committee that Transylvanian coins are neither archaeological
nor ethnological objects under the CPIA and are considered “Hungarian” rather
than “Romanian” in numismatic
literature.
He next focused in on
the failure of the State Department to recognize that the EU has comprehensive
export rules which are binding on all member states that allow these countries
to export coins and other artifacts with or without an export permit according
to local law. He further indicated that the failure to recognize EU rules
would lead to ridiculous results. In
particular, if the State Department again imposes an embargo on the import of
virtually all coins made before 1750, that could include Hungarian and Austro-
Hungarian (Hapsburg) Empire coins simply because in addition to circulating in
Austria, Hungary, and a number of other countries, they also circulated heavily
in Transylvania, now a Romanian province since 1920. Thus, we could have
a situation where an American collector could legally purchase and export such
a Hungarian or Austro-Hungarian coin from Austria or Hungary consistent with EU
law, but Customs could still seize it under a CPA with Romania for no other
reason that it was of a type found on the “designated list” for Romania.
CPAC member Alex Barker questioned Tompa. He took the position that the US should
ignore these rules because any CPA is with Romania not the EU and Romania’s own
rules do not normally allow for the export of even common coins. Tompa responded by noting that the EU has its
own rules which allow Romania to ask for the return of illicitly excavated
materials and that IAPN’s concerns were particularly warranted given the way US
Customs and Border Protection (CBP) enforces CPAs as embargos based on coin
types alone without any probable cause that any particular coin that is seized was
illicitly removed from a given country with a CPA after the effective date of
any import regulations.
Here are links to IAPN’s written comments:
Albania: https://www.regulations.gov/comment/DOS-2026-0628-0020
Nigeria: https://www.regulations.gov/comment/DOS-2026-0628-0022
Romania: https://www.regulations.gov/comment/DOS-2026-0628-0021
Here are Tompa’s oral comments: https://culturalpropertyobserver.blogspot.com/2026/07/yes-cpac-there-is-eu-and-its-member.html
In addition, here are his personal comments:
https://www.regulations.gov/comment/DOS-2026-0628-0034
Kate FitzGibbon next spoke on behalf of the Committee for
Cultural Policy (CCP) She first noted
that the CCP had uploaded specific comments on all three CPAs, but she wanted
to speak more generally about the concerns CCP and others have about the
trajectory such agreements are taking.
She noted that before decision making was folded into the State
Department, there were only limited numbers of such agreements and they never
covered such wide ranges of materials. The
numbers of CPAs have grown exponentially from 13 in 2010 to 36 today, with more
pending every year. Moreover, the scope
of the designated lists has grown as well, with it now being common for such
lists to encompass 1 million years of cultural heritage, including items made
for trade as well as ecclesiastical objects and folk art. FitzGibbon argues that the claim the whole
material culture of a given country is subject to pillage is dubious at best
and that CPAs have been granted in all cases even though it is doubtful that
all four required determinations have been actually met.
She further indicated that overbroad CPAs and designated
lists have had a chilling effect on museums, collectors, and the legitimate
trade whereas Mark Feldman, the State Department’s chief architect for the
CPIA, has indicated that Congressional intent sought a balanced approach to
only address serious concerns about the looting of archaeological and
ethnological objects of cultural significance.
She noted that trade statistics demonstrate that there is not much imported
from Romania. She further indicated that
Romania spends little on protecting its cultural heritage, and much of that is used
to pay awards to metal detectorists for their finds. She
also indicated that there are serious minority issues that must be considered
in Romania relating to Hungarians and the Roma and in Nigeria with regard to
Benin bronzes. With regard to the Benin
bronzes, they have been returned to the hereditary Oba whose ancestors enslaved
Africans without any acknowledgment of this history or the interests of
American descendants of slaves in this issue.
Here are the CCP/GHA comments:
Albania: https://www.regulations.gov/comment/DOS-2026-0628-0061
Nigeria: https://www.regulations.gov/comment/DOS-2026-0628-0060
Romania: https://www.regulations.gov/comment/DOS-2026-0628-0062
Michael Galaty of the University of Michigan has worked in
Albania for his entire career. He has
seen burial grounds decimated. Metal
detecting is a major problem. He has been offered coins by children. Some metal
detectorists are hobbyists, but he believes a lot of what is found is smuggled
into the European Union.
Miriam Stark asks Galaty if coins can be excavated without
damaging archaeological context. He
indicates that is impossible.
[CPO Note: IAPN’s
written comments indicated that only the very few coins found in “secure
contexts” at archeological sites are useful for dating purposes. It also indicated that Romanian law allows
metal detecting and has instituted a system of awards for metal detectorists
that turn in their finds.]
Dr. Galaty’s written comments can be found here:
https://www.regulations.gov/comment/DOS-2026-0628-0047
Brittany Kyle is a Professor at the University of Northern
Colorado. She has studied human
skeletons to investigate how Greek and native populations interacted in the
ancient world. Her work has taken her to Albania to investigate how Greek
colonists at Apollonia interacted with local Illyrians. She has worked with American and Armenian
students in this capacity.
Guards at a site in Apollonia tried to sell Kyle coins. [CPO Note:
Doesn’t this instead suggest that foreign archaeological missions
investing in site security and paying guards a fair living wage may be a
solution?] Prior work at Himara in Sicily shows the
importance of coins from documented find spots.
There, coins were found in the mouths of skeletons as payment to the
ferryman to cross the River Styx. Had
those coins been removed by looters, that evidence and the story they tell
would have been lost forever.
Dr. Kyle’s written testimony may be found here: https://www.regulations.gov/comment/DOS-2026-0628-0036
Deadria Farmer-Paellmann spoke on behalf of the Restitution
Study Group. The Restitution Study Group
has worked for the past 25 years on issues of reparatory justice relating to
the transatlantic slavery trade. The
Restitution Study Group supports protecting Nigerian cultural heritage but asks
CPAC to strengthen cultural property policy by recognizing all communities
whose histories are materially embedded within Nigerian cultural heritage. Specifically, the Benin bronzes represent a
unique circumstance. They represent both art and crimes against humanity perpetrated
by the Kingdom of Benin working with European slave traders. During this period, 50 bronze manilla
currency bracelets were used to purchase a woman and 57 to purchase a man. Scientific analysis has now demonstrated that
many Benin Bronzes were cast from brass consistent with the composition of
these manillas. It is important that the
descendants of the slaves purchased with these manillas be made part of the
conversation. She asked the any CPA with Nigeria take into account the
Restitution Study Group’s recommendations meant to preserve this history, which
has been rejected by the Smithsonian Institution and other museums in the rush
to repatriate Benin bronzes to Nigeria.
The Restitution Study Group’s written testimony can be found
here:
https://www.regulations.gov/comment/DOS-2026-0628-0050
The Hon. Ogechukwu Nkere is a human rights activist and
is serving as the Prime Minister of the Biafran Government in Exile (BRGIE).
Mr. Nkere recounted the suffering of the Biafran people during the Civil War between
1966 and 1970 which took the lives of 3 million Biafrans, mostly due to forced
starvation. More recently the Biafran
people, who are Christians, have been subject to a Nigerian government campaign
of torture, extrajudicial killings, and disappearances. Mr. Nkere cited statements from President
Trump condemning these actions and noted that any CPA with Nigeria should be put
on hold until Nigeria aligns with US policy regarding Biafra.
Dr. Scott MacEachern spoke for the Society for American
Archeology. He supports an extension of
the current CPA with Nigeria. He has
worked in Nigeria since the 1990s. His primary fieldwork site has unfortunately
been overrun by Boko Haram terrorists. Boko Haram primarily attacks Muslim
communities that are considered heretics.
There isn’t necessarily a correlation between terrorism and
looting. So far, Boko Haram does not
appear to be interested in exploiting antiquities. Instead, others focus on objects from the Nok
and Benin cultures as items to loot. Bilateral agreements are the primary
instrument for fighting illegal networks.
Dr. MacEachern’s written comments can be found here:
https://www.regulations.gov/comment/DOS-2026-0628-0056
Stephen Knerly represents the Association of Art Museum
Directors (AAMD). AAMD offered qualified
support for the extension of the CPA with Nigeria. He indicated any renewal should promote opportunities
for American museum goers to interact with the many diverse and important
cultures of Nigeria. As a result,
museums must look to loans from source countries like Nigeria if they are to
fulfill their mission of bringing the world's cultures to the public. While there appears to be some interest from
Nigerian officials in providing such loans, the process lacks predictability
and standard practices. Improvements to the status quo can be promoted as a
condition for any renewal. Issues
include who has authority to make loans, what documents can be used for such transactions,
and what immunity arrangements may be worked out to foster such loans. Formerly, such issues were addressed on a
case by case basis in each agreement, but recently the ability to do so has
been lost with the creation of standardized CPAs.
The AAMD’s written comments can be found here:
https://www.regulations.gov/comment/DOS-2026-0628-0040
Adam Rabinowitz is an associate professor at the University
of Texas. He spoke on his own behalf as a field
archaeologist who has been working in Romania for the last 10 years.
He wanted to second the AIA’s testimony about the interest
in Romanian material on the illicit market for antiquities. He gave as an example a helmet and three gold
bracelets stolen from a Dutch museum which were subsequently recovered. (CPO note:
Such material would be considered “stolen” under US and International
law even without a CPA.) He is also
familiar with illicit excavations noting that metal detectors are used to
recover coin hoards. (CPO note: Metal detecting is legal in Romania with
Romanian authorities paying finders awards.)
Rabinowitz is working with a numismatist at the Museum of
National History and archaeology in Constanța on the coins that we excavated at
an archaeological site. He also has a project about trade currency that appears
frequently on the international coin market. He believes Romanian authorities are
doing their best to preserve heritage and enforce existing laws.
Professor Rabinowitz’s written comments can be found here:
https://www.regulations.gov/comment/DOS-2026-0628-0054
Vivien Bence speaks on behalf of the Hungarian Human Rights
Foundation (HHRF). She asked that the
Romanian request be rejected if any restrictions are to apply to Transylvanian
or Hungarian items as that would in effect recognize Romanian government
ownership and control over the cultural heritage of the Hungarian
diaspora.
The HHRF has monitored the rights of ethnic Hungarian
minorities in Eastern Europe since 1976, with particular focus on Romania as
the home to a 1.1 million strong Hungarian community. This community has suffered since
Transylvania was forcibly incorporated into Romania from Hungary in 1920. Although it has been almost 40 years since
the fall of Communism, the Romanian government has delayed returning property
confiscated from Hungarian interests during this period. The HHRF is especially concerned about the
Batthyaneum Library and Astronomical Observatory and its priceless collection
of rare manuscripts. The Romanian state has ignored domestic laws and European
Union decisions ordering the return the building and the Library’s contents to
its legitimate owner, the Alba Iulia Catholic Archdiocese. The HHRF called on CPAC to recommend that the State Department
condition any CPA with Romania on an
assurance that Romania will return objects belonging to the Batthyaneum Library
and other significant cultural institutions that were unlawfully expropriated
from the autochthonous Hungarian national minority to representatives of that
community within Romania.
The HHRF’s written comments can be found here:
https://www.regulations.gov/comment/DOS-2026-0628-0045
John O’Shea speaks on behalf of the Society for American
Archaeology. He has worked in the Tri
national boundary area of Romania Serbia and Hungary since 1976 so he has some perspective how regimes have changed and how the rules
have changed. In 1989, it was unthinkable there would be a collaborative
project involving both Hungary and Romania.
Because both Hungary and Romania are part of the Schengen zone of the EU,
it is relatively easy for traffickers to move material. (CPO note:
EU rules provide for law enforcement cooperation between borders and the
area is well policed against traffickers in cultural property.)
Metal detecting is a huge issue particularly because of
artifacts produced during the Roman and Medieval eras. Because again of the
Schengen zone connection Romania is not only the subject of looting but it's
also becoming a node in the international movement of illicit cultural
property.
One of the big problems with the funding is that young
professionals that are graduating from school don't see a future in cultural
heritage protection in Romania and they immigrate to in Germany. EU funding is
critical as is the EU regulations and the CPA with the US. O’Shea indicated that he did not want the US
to become a loophole in this system.
Another concern is that “trafficking” is a charge that is
used against archaeologists in Romania to derail careers. There needs to be a better way to facilitate the
legal export of archaeological materials for study purposes.
After this testimony, the Chair thanked everyone for their public testimony and close the public session.
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