Public Meeting of the US Cultural Property Advisory Committee to Consider Renewal with Algeria and Proposed MOU with India

 On January 30, 2024, the US Cultural Property Advisory Committee (CPAC) met in a virtual public session to hear testimony regarding a proposed renewal of MOUs with Algeria and a new proposed MOU with the Republic of India.  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, January 30 – February 1, 2024, Bureau of Educational and Cultural Affairs Media Center (November 29, 2023) (but subsequently updated), available at https://eca.state.gov/highlight/cultural-property-advisory-committee-meeting-january-30-february-1-2024 (last visited February 3, 2024).   Although that update was subsequently deleted, it stated that Algeria sought no change to the current exceptionally broad designated list for import restrictions, and that India sought a breathtakingly broad list of items to be covered which included cultural goods made as recently as the end of the British Raj in 1950:

 India

 The Government of India seeks import restrictions on archaeological and ethnological materials dating from 1.7 million years ago to 100 years ago, including objects dating from the Paleolithic, Mesolithic, Neolithic, Ancient Periods (including, but not limited to, the Indus Valley Civilization, Maurayan Empire, Shunga Empire, Gandharan Kingdom, Gupta Period, and the Gurjara-Pratihara, Rastrakuta, and Pala Dynasties), and Historic Periods (including, but not limited to, the Chola Dynasty, Delhi Sultanate, Mughal Empire, and the British Raj).  Categories of objects include stone tools and artifacts, terracotta figurines, toys, coins and medals, seals and sealing, molds, dies, sculpture, utensils, architectural materials, arms and ammunition, scientific instruments, and jewelry and toiletries.  Protection is also sought for miniature paintings, art pieces in cloth and paper, and manuscripts dating from the 7th century CE to 75 years ago. 

 Id. (but subsequently deleted from the website). 

 The CPAC members did not introduce themselves before the public session, 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 Chair, Alexandra Jones, welcomed the speakers and assured them that their written comments had been read.  She indicated that speakers would be given 5 minutes each. 

 Dr. Mark Lycett was the first speaker.  He is the director at the South Asia Resources Center at the University of Pennsylvania.  He supported the MOU and thought that import restriction will help encourage continued collaboration between the Indian government and American archaeologists.  His talk focused on looting of temple complexes for idols.

 Prof. Miriam Stark (represents archaeology) asked Lycett if he had observed looting.  He says yes, particularly of temple complexes.  He had not seen metal detectors in use but understood they are used.

 His written comments can be found here:

https://www.regulations.gov/comment/DOS-2023-0040-0032 (last visited February 3, 2024).

 Kate FitzGibbon (Executive Director, Committee for Cultural Policy) spoke about India.  India has a terrible record of neglect of its archaeological heritage and its government, run by Hindu religious supremacists, has engaged in a policy of destroying the cultural heritage of its Muslim population.  The Indian legal system is ineffective at dealing with looting.   What has been returned already has neglected.   Many of the bronze idols that have been returned suffer from bronze disease because they have not been conserved.  During the British Raj both Indian and British enthusiasts built up great collections, many of which were removed from India right after Independence due to fear that the post-independence Socialist leaning government would confiscate them. 

 Despite Ms. FitzGibbon’s obvious knowledge of the subject, there were no questions. 

 The Committee for Cultural Policy and the Global Heritage Alliance’s written comments on the proposed MOU with India can be found here:

 https://www.regulations.gov/comment/DOS-2023-0040-0042 (last visited February 3, 2024)

 Sanja Kampoor briefly spoke.  He indicated that he agreed with the points made in Kate FitzGibbon’s testimony. 

 Nicholas Fritz spoke next.  Fritz is a young professional numismatist with Stack’s Bowers auction house.  He indicated that the Indian MOU request as to coins was over broad, including many types well-known to scholarship, which should not be restricted.  He further indicated that an MOU would only encourage smuggling.  

 Alexandra Jones (Chair, representing archaeology) and Miriam Stark (representing archaeology) asked Fritz a series of hostile questions.  Jones wanted to know why modern-day India should not be able to control the heritage of all of historic India (which included Pakistan and Bangladesh), and Stark debated with Fritz about the importance of coins as archaeological artifacts.  (Comment:  The belligerent tone both Ms. Jones and Ms. Stark used with Mr. Fritz did not reflect well either on CPAC or the Biden Administration that appointed them.  If the State Department really wants public comment, it should advise CPAC members of their responsibility to treat members of the public, particularly those who have never appeared before the Committee, with respect.)

 Peter Tompa (Executive Director, International Association of Professional Numismatists) was called to speak next.   He made the point that the designated list for Algeria and the proposed one for India were greatly overbroad, including coin types that circulated far outside these countries.  He also indicated that later coins, particularly of the Raj, do not fit the definitions of either archaeological or ethnological objects necessary for them to be restricted.  All coins of the British Raj are less than 250 years old and hence cannot be treated as archaeological objects under the governing statute. Additionally, they are the products of what at the time were sophisticated industrial practices, so they cannot be treated as ethnological objects.  He also discussed the large internal market in India and how given such a market, import restrictions that only impact American collectors made no sense.  He also noted that collecting is necessary because governments and museums cannot preserve all the coins out there. Finally, he discussed the importance of regulating metal detectors as a self-help measure and a less drastic remedy.  In so doing, Tompa made clear that the British Portable Antiquities scheme and Treasure Act were the preferred method of regulation. Tompa closed by recalling that he had met an Indian collector some years ago who had built up his collection by buying coins from jewelers in India, who would have otherwise melted the coins for bullion.  Tompa provided members of CPAC with a real-world example to show that collectors are essential for the preservation of coins. 

 Miriam Stark (representing archaeology) stated her belief that coins must be restricted because they are important for archaeology.  She demanded to know if Tompa had ever worked at an archaeological site.  He indicated he had not, but he had discussed the issue with others who had.  Tompa indicated that archaeologists mainly see coins as dating tools, but they are generally poor tools for dating archaeological strata because historical coins circulated for long periods of time and only coins from secured contexts were really useful for that purpose.  Stark also asserted that CPAC had no right to suggest that the Indian government regulate metal detectors.  Tompa indicated the governing statute requires as much and before the State Department started issuing generic MOUs, an agreement with Cyprus required as much.  He suggested that Stark should consult with State Department lawyers about the statutory requirements for MOUs. 

 The International Association of Professional Numismatists’ comments for the proposed renewal of the MOU with Algeria can be found here:

 https://www.regulations.gov/comment/DOS-2023-0040-0029 (last visited February 3, 2024).

 The International Association of Professional Numismatists’ comments for the proposed MOU with India can be found here:

 https://www.regulations.gov/comment/DOS-2023-0040-0028  (last visited February 3, 2024).

 Tompa’s personal comments can be found here:

 https://www.regulations.gov/comment/DOS-2023-0040-0036 (last visited February 3, 2024). 

 Randy Myers spoke next on behalf of the Ancient Coin Collectors Guild.   He raised concerns about insufficient public notice for CPAC meetings, including the details of any requests.  He noted that the State Department website that announced the upcoming CPAC meeting, though dated November 29, 2023, was updated just recently to include more details about the request, but misleadingly without indicating the date the text was modified.  (Perhaps in response, the State Department recently deleted this additional information from the post.)  Myers also reiterated the argument that one cannot assume many of the coins on the Algerian designated list or conceivably might be on the one for India were actually found there.  He also discussed the importance of considering a portable antiquities scheme as a less drastic measure before imposing import restrictions.  Finally, he also indicated that neither Algeria or India should be awarded rights to coin issues of displaced or discriminated minorities.  This would include Christian Spanish and Byzantine coins and many Muslim coins from India.

 Alexandra Jones (chair, representing archaeology) debated with Myers about the notice requirements, maintaining that the State Department only needed to give the public 15 days’ notice.   Myers explained based on his long experience as an attorney for a large federal agency, he believed that the law requires 60 days’ notice.  He also indicated that if Jones wants to encourage informed public comment, 60 days’ notice is essential. 

 The Ancient Coin Collectors Guild’s and the American Numismatic Association’s joint written comments can be found here:

 https://www.regulations.gov/comment/DOS-2023-0040-0012 (last visited February 3, 2024).

Elias Gerasoulis (Executive Director, Global Heritage Alliance) next spoke on behalf of both the Global Heritage Alliance and the Committee for Cultural Policy with regard to the proposed renewal of the MOU with Algeria.  Gerasoulis indicated that Algeria had failed to meet any of the statutory for renewal.   He further indicated that CPAC should not recommend a renewal of a MOU that recognizes the rights of Algeria’s authoritarian government to the cultural heritage of its displaced Jewish population.

 The Global Heritage Alliance’s and the Committee for Cultural Policy’s comments for the proposed renewal of the MOU with Algeria can be found here:

 https://www.regulations.gov/comment/DOS-2023-0040-0017 (last visited February 3, 2024).

 Ömür Harmanşah (Vice President for Cultural Heritage, Archaeological Institute of America) spoke briefly in support of both MOUs.  He indicated that both countries had met their statutory burdens and MOUs should be completed with each.  

 The Archaeological Institute of America’s comments with regard to India can be found here:

 https://www.regulations.gov/comment/DOS-2023-0040-0052 (last visited February 3, 2024).

 Those related to Algeria can be found here:

 https://www.regulations.gov/comment/DOS-2023-0040-0048 (last visited February 3, 2024).

 Peter Herdrich (Executive Project Director, Algerian Cooperative Plan for the Digitization of HeritageCEO, Cultural Capital Group) discussed a digitization project for Algerian museum and private collections paid for by the US government which also involved the Antiquities Coalition.  Herdrich maintained that this US government funded program showed that Algeria was engaged in protecting its own cultural heritage. (Comment:  There is a real question whether money paid to US contractors who also lobby for MOUs should be considered “self-help.”  See

https://culturalpropertynews.org/careful-collector-no-22-your-tax-dollars-at-work/  (last visited February 5, 2024).)

Nii Otokunor Quarcoopome (representing museums) asked Herdrich if any of these efforts were directed at preserving Jewish and Berber culture.  Hedrich responded by indicating that such materials were included in the inventories of institutions that were partner organizations. 

 Herdrich’s written comments can be found here:

 https://www.regulations.gov/comment/DOS-2023-0040-0037 (last visited February 3, 2024).

CPAC to Consider New MOU with India and Renewal of MOU with Algeria

 The State Department has announced that the Cultural Property Advisory Committee (CPAC) will meet on January 30-February 1, 2024, to consider a request for the United States to enter into a cultural property MOU with the Republic of India.  According to the Federal Register notice, public comments and requests to speak are due no later than January 22, 2024, for the public session which will take place from 2:00-3:00 PM on January 30, 2024.  CPAC will consider a renewal of the current MOU with the People’s Democratic Republic of Algeria at the same time.

The Cultural Heritage Center's website should hopefully provide some clarity of the scope of the Indian request in the near future.  Import restrictions associated with the current MOU with Algeria already encompass a wide variety of ancient and early modern coin types.  They also cover, at least implicitly, the cultural heritage of displaced Jewish and Christian minority populations. 

The Indian request should raise a number of questions given its likely breadth.  First, are all the listed archaeological objects not only of "archaeological interest" but of "cultural significance," and do they meet the governing statute's 250-year threshold? Convention on Cultural Property Implementation Act, 19 USC Section 2601 (C) (i) (I)(II). Second, are all the listed ethnological objects really the products of "tribal or nonindustrial society" "that are important to the cultural heritage of a people because of its distinctive characteristics, comparative rarity, or its contributions to the knowledge origins, development or history of that people?"  19 USC Section 2601 (C) (ii) (I)(II).

Third, has India taken "measures consistent with the [1970 UNESCO] Convention to protect its cultural patrimony" under 19 USC Section 2602 (a) (1) (B) when concerns have been raised about India’s notoriously poor stewardship of its own cultural heritage, including not only neglect, but outright destruction of Muslim and Christian minority cultural heritage.   

Finally, does the State Department intend to recognize the rights of India’s sectarian Hindu government to ownership and/or control of the cultural heritage of today’s minority Muslim, Christian and Jewish communities?   While India is a democracy, these groups have nonetheless suffered discrimination and have even faced occasional pogroms.  In particular, Muslim and Christian places of worship have sometimes been attacked by mobs egged on by local politicians. 

Coins also raise a number of specific issues.  First, there appears to be a substantial overlap in the types of Indo-Greek, Kushan, Indo-Sassanian, and later Islamic coins found in Afghanistan, Pakistan and India.  Under the circumstances, how can the State Department conclude that particular coins were "first discovered within and [are] subject to export control by" India? 19 USC Section 2601 (2) (C).

Second, coins of all periods are legally bought and sold in India. So, why should our State Department restrict Americans from buying the same type of "Indian" coins abroad?

The current MOU with Algeria’s authoritarian government raises similar questions.  Again, the designated list is exceptionally broad, and includes at least implicitly the cultural heritage of displaced Jewish and Christian populations. 

The exceptional breadth of the designated list is readily apparent regarding coins.  Indeed, it includes many Greek, Roman Provincial, Numidian, Mauritanian, Byzantine, Islamic and Ottoman coin types that circulated either regionally or internationally. Under the circumstances, how can the State Department conclude that particular coins were "first discovered within and [are] subject to export control by" Algeria? 19 USC Section 2601 (2) (C).

How to comment?  According to the State Department, the public should be able to comment on regulations.gov by searching for docket DOS-2023-0040 and following the prompts.  

As of today, however, that link is not active.  CPO will update this blog post once it is possible to comment and/or the State Department provides more clarity about the proposed designated list to be associated with any MOU with India.

Addendum (December 16, 2024):  The blue "comment now" button on the regulations.gov website is now active.  You should be able to directly access the ability to comment here. 

Addendum (January 15, 2024):  The State Department has provided some additional information about the categories of material for which import restrictions will be considered.  They are as follows:

India

The Government of India seeks import restrictions on archaeological and ethnological materials dating from 1.7 million years ago to 100 years ago, including objects dating from the Paleolithic, Mesolithic, Neolithic, Ancient Periods (including, but not limited to, the Indus Valley Civilization, Maurayan Empire, Shunga Empire, Gandharan Kingdom, Gupta Period, and the Gurjara-Pratihara, Rastrakuta, and Pala Dynasties), and Historic Periods (including, but not limited to, the Chola Dynasty, Delhi Sultanate, Mughal Empire, and the British Raj).  Categories of objects include stone tools and artifacts, terracotta figurines, toys, coins and medals, seals and sealing, molds, dies, sculpture, utensils, architectural materials, arms and ammunition, scientific instruments, and jewelry and toiletries.  Protection is also sought for miniature paintings, art pieces in cloth and paper, and manuscripts dating from the 7th century CE to 75 years ago. 

 Algeria

Extending the Algeria agreement would continue import restrictions on certain archaeological material from Algeria, ranging in date from approximately 2.4 million years ago to approximately 1750 AD including material from the Paleolithic, Neolithic, Classical, Byzantine, Islamic, and Ottoman Periods.  The Government of the People's Democratic Republic of Algeria has not requested additional categories of material.

More here.

US State Department Imposes Embargo on Algerian Cultural Artifacts-- Including Rope!

The U.S. State Department has approved a MOU and import restrictions on behalf of Algeria's authoritarian government. For more, see today's Federal Register notice.

Once again, the designated list is extremely broad. In what has to be a first, import restrictions have even been imposed on rope!

Both coin collectors and Jewish groups will once again be disappointed.  Import restrictions have been applied on virtually all coins that were made or circulated within Algeria down to 1750, including those made outside the confines of what is now Algeria by the Carthaginians, Byzantines, Ottomans and Spanish.  While there are no explicit restrictions on artifacts of Algeria's displaced Jewish population, certain categories like "manuscripts" may nonetheless encompass Jewish religious artifacts like Torahs.

Import restrictions are controversial to the trade and collectors because, as construed by U.S. Customs and Border Protection, they embargo all undocumented items of types on designated lists imported after the effective date of the regulations, not just items illegally exported from a UNESCO State party after the effective date of import restrictions as required under CPIA, 19 U.S.C. §§ 2601, 2604, 2606, 2610. Such regulatory actions have converted CPIA import restrictions into embargoes of all objects of restricted types rather  than targeted, prospective import restrictions that do not impact the purchase of artifacts from the legitimate marketplace abroad.

Import restrictions have been particularly hard on coin collectors and the small businesses of the numismatic trade because most collector's coins (which typically are of limited value) lack detailed provenance histories necessary for legal import. This has greatly damaged the legitimate trade in such items with fellow collectors, especially from within the EU.  Here, if anything, the problem will be exacerbated because Algeria was a French colony for such a long time. Many artifacts must have left Algeria for France during this period lawfully, but with little documentary proof.  Often such material does not have a solid provenance, and cannot be legally imported under U.S. Custom and Border Protection procedures.

Virtual CPAC Meeting on Algerian MOU Request and Honduran and Bulgarian Renewals

On July 31, 2018, the U.S. Cultural Property Advisory Committee (CPAC) held a “virtual” meeting where all speakers were linked via an internet based video platform.  According to my notes, at least the following CPAC members were in attendance at the State Department:  (1) Karol Wight (Museum); (2) Lothar von Falkenhausen (Archeology); (3) Nancy Wilkie (Archaeology); (4) Rosemary Joyce (Archaeology); (5) Dorit Straus (Trade); (6) Adele Chatfield-Taylor (Public); and (7) Jeremy Sabloff (Public-Chair).   Jim Willis (Trade) attended via videoconferencing. 

Cari Enav, who runs the Cultural Heritage Center, made introductions.  Andrew Cohen, who is the executive director for CPAC, provided the speakers with information about the 4 determinations CPAC was required to make before recommending a MOU or an extension.   Dr. Sabloff indicated speakers should take these requirements into account in their presentations. He then introduced the CPAC members before calling speakers for the Algerian MOU.

Algerian MOU

There were six (6) speakers:  (1) Kate FitzGibbon (Committee for Cultural Policy (CCP) and Global Heritage Alliance (GHA); (2) Peter Tompa (International Association of Professional Numismatists (IAPN)/Professional Numismatist’s Guild (PNG); (3) Gina Bublil-Waldman (Jews Indigenous to the Middle East and Africa (JIMENA); and (4) Carole Basri (Fordham Law School).  

Kate FitzGibbon- CPAC initially only recommended MOUs on a narrow range of artifacts from a limited number of poor countries.  Today, MOUs close off entire areas from collecting.  Even worse, the State Department has recognized the claims of nation states to property that has been expropriated from fleeing Jews and Christians.  Ms. FitzGibbon acknowledges that recent Libyan import restrictions have been rewritten to remove references to Jewish items, but states that most, if not all, would still be restricted under more general coverage for Ottoman items.  The only way to ensure that artifacts of repressed minorities will not be subject to seizure is with a specific exclusion.  The problem can also be avoided if the State Department adheres to the definition of ethnological objects in the Cultural Property Implementation Act.  Algerian Jewish artifacts are not the products of preindustrial or tribal cultures and should be beyond the scope of coverage under the CPIA. 

Peter Tompa- This is yet another troubling request from an authoritarian North African government which is all the more problematic because Algeria seeks recognition of its rights to objects associated with its displaced Christian and Jewish populations.  This issue potentially impacts unprovenanced coins now in French collections.  (Algeria’s French “Pied Noir” and Jewish populations mainly fled to France after Algeria gained its independence.)  There is a real question whether Algeria’s patrimony is in jeopardy as no information has been provided whether coins are being found with metal detectors.  If they are, they need to be regulated as a less drastic remedy than import restrictions.  The UK Treasure Act and Portable Antiquities Scheme is IAPN/PNG’s preferred model for regulation.  If restrictions are recommended for coins, such restrictions must be limited to those “first discovered within” and hence “subject to export control” of Algeria.  Here, while there is some room for debate as to whether “local currency” issued at Cirta, Icosium (Algiers), Hippo Regius and Iol-Caesaria is exclusively found within the confines of modern day Algeria, coins of the Numidian and Mauritanian kingdoms, and the Carthaginian, Roman, Byzantine and Islamic Empires circulated well beyond the boundaries of modern day Algeria.  One cannot simply assume such coins were actually found in Algeria and hence are subject to Algerian export controls. 

Gina Bubill-Waldman- Ms. Waldman was driven from her home in Libya as a child.  She believes that these MOUs are a cynical tactic created to deny North African and Middle Eastern Jews patrimony and assets which were stolen from Jewish people when they were brutally expelled. The Libyan MOU has set a very dangerous and unjust precedent for countries who erase Jewish heritage by claiming it as their own, when Jews, the people who actually created it, have been hunted and expelled. Because these MOUs were passed without specifically excluding Jewish items, Jewish patrimony can now become the patrimony of the same governments which have destroyed, looted and harassed their now extinct Jewish communities.  CPAC is charged with the important job of protecting patrimony of antiquities. But by passing this type of MOU, CPAC would in fact be endorsing the opposite of what its mission tries to achieve: preservation of historical property by its proper owners. This MOU seeks to make the American government unwittingly collude with the thieves who stole, destroyed and defaced the Jewish-Algerian patrimony in the first place.

Not a single one of the Middle Eastern and North African countries from Morocco to Yemen, from Iraq to Egypt has earned the right to call thousands year old Jewish patrimony their own. Not after expelling their Jewish population, confiscating what was rightfully Jewish property, desecrating, looting, destroying synagogues and purposefully building skyscrapers on top the cemetery where Ms. Waldman’s grandparents are buried, like in Tripoli, Libya. 

Carole Basri- Ms. Basri is of Iraqi-Jewish heritage.  She authored a law review article about the harsh treatment of Iraqi Jews.  The property of Jews living in MENA countries was expropriated under color of law.  Such laws are against our own scruples as well as the UN Declaration on Human Rights.  There were originally 1 million Jews in Arab countries.  Jewish artifacts do not fit the definition of ethnological objects under the CPIA and should not be subject to detention and seizure. Jewish people were city dwellers and the cities where they lived were neither pre-Industrial nor tribal in nature.  The U.S. Government should not work with governments that have forcibly removed their Christians and Jews. 

Cari Enav interjects that new Libyan restrictions do not mention Jewish property so such property should be excluded from any import restrictions.  Kate FitzGibbon states that Jewish property is still included in the Libyan MOU because most Jewish property cannot be distinguished with what is otherwise described as Ottoman in the import restrictions.  That is why an explicit exemption is required.  All this could be avoided if the State Department followed the CPIA strictly and did not consider Jewish artifacts to be ethnological in nature. 

Honduran Renewal

There were three (3) speakers:  (1) Rocco Debitetto (Association of Art Museum Directors (AAMD)); (2) Kate FitzGibbon (CCP and GHA); and (3) Peter Tompa (IAPN and PNG). 

Rocco  Debitetto- AAMD supports the renewal with reservations.  Honduras needs to be held to account in Article II.  There needs to be long term loans.  The designated list is too broad and needs to be reformed to ensure that only archaeological and ethnological material as defined in the CPIA are covered.

Kate FitzGibbon- CCP and GHA oppose renewal of the MOU.  Honduras has been given blanket restrictions for 15 years.  It has not used this time productively.  Most of the budget for cultural heritage preservation stays in the capital rather than being used to protect sites on a local level.  The US House of Representatives has asked for an accounting of self-help measures as part of its authorization of funds.  Too much archaeologically sensitive land is being illegally used for cattle farms with nothing being done about it.   No more than $600-$700 is spent on sites per year.  There is little or no market for Honduran artifacts in the US. 

Peter Tompa- This MOU renewal raises the same issues for coin collectors as the recent Ecuadorian request.  Honduran historical coins cannot be considered either archaeological or ethnological objects. They were produced in industrial processes not consistent with them being ethnological objects.  Such coins circulated along with other Spanish Colonial coins throughout the Americas and beyond including the United States.  They should not be subject to restrictions. 

Karol Wight asks about AAMD’s recommendations.  Mr. Debitetto indicates a major one is one point of contact for loans.

Jim Willis asks Kate FitzGibbon about illegal exports from Honduras. Ms. FitzGibbon states it is difficult to answer that question because there is a lack of information. 

Bulgarian Renewal

There were three (3) speakers:  (1) Kate FitzGibbon (CCP and GHA); (2) Josh Knerley (AAMD); and (3) Peter Tompa (IAPN and PNG). 

Kate FitzGibbon- The Bulgarian designated list is all-inclusive and needs to be reformed to comply with the CPIA.  It includes many repetitive items that are not of cultural significance like coins, necklaces and beads.  Bulgaria has sorely neglected its archaeological sites.   Substantial EU funds have been wasted in archaeologically unsound rebuilding projects.  Very few Bulgarian artifacts aside from coins are of interest to collectors.  Coins are mass produced and not of cultural significance under the CPIA.  Bulgaria has not satisfied Article II of the MOU’s requirement that export permits be issued.  There is a lack of rigorous police enforcement. 

Josh Knerly- There is a major problem with the designated list.  The designated list can only restrict items authorized under the MOU.  Here, the MOU only authorizes restrictions on ecclesiastical objects from 681 AD forward, but the designated list restricts ecclesiastical items dating from the 4^th Century AD.  This highlights much greater problems in how designated lists are prepared. 

Peter Tompa- Tompa produces a ruler to make a point.  A ruler goes from one inch to 12 inches.  We can all agree that some things like murder would be “12” on a scale.  But what about looting?  Many people would consider it a “1” on a scale, akin to a traffic violation.  That certainly is the case in Bulgaria where there are large numbers of treasure hunters and where the authorities themselves have been involved in looting.  Given this reality, it makes no sense to continue the MOU which only denies American coin collectors access to the same sorts of coins available elsewhere including Bulgaria itself.   If CPAC nonetheless approves a renewal, it should reform the designated list to limit restrictions on coins.  Moreover, CPAC should recognize that EU countries like Bulgaria are bound by EU export controls.  CPAC should recognize legal exports from EU countries of coins on the Bulgarian designated list.

State Department Accepting Comments for New MOU with Algeria and Renewals for Bulgaria and Honduras

The State Department’s Cultural Heritage Center has announced it is accepting comments for a proposed new MOU with Algeria, and renewals with Bulgaria and Honduras.  For further details about how to comment before the July 15th close, see here.

Each MOU and renewal should give pause to all but the most ardent repatriationist.

Algeria is yet another authoritarian government that wants the State Department to recognize its rights to not only its ancient pre-Islamic cultures, but to its now displaced minorities as well (here French Pied Noirs and Jews).

Bulgaria’s imperfect democracy wants its MOU renewed despite its failure to live up to its own promises that were supposedly a quid pro quo for the initial agreement and its continuing disprespect for the private property rights of collectors.

Honduras wants yet another renewal of its 2004 MOU.  MOUs were only intended to remain in effect long enough for UNESCO state parties to get their own houses in order.  At what point is the US going to say enough is enough?

Is it just a waste of time commenting?  After reading former CPAC member Kate FitzGibbon’s well-informed critique of how the State Department has mal-administered the Cultural Property Implementation Act, one might be forgiven for just throwing up their hands in frustration.  However, CPO continues to believe that silence will be spun as acquiescence and for that reason alone those who value collecting and private property rights should comment.