On September 15, 2025, the US Cultural Property Advisory Committee (CPAC) met in a virtual public session to accept comments regarding a proposed Cultural Property Agreement (CPA) or Memorandum of Understanding (MOU) with Cameroon, Renewals of current CPAs with Colombia and Türkiye, and a renewal of current “emergency” import restrictions with Afghanistan.
The Bureau of Educational and Cultural Affairs’ (ECA’s)
website describes these requests as follows:
https://www.state.gov/cultural-property-advisory-committee-meeting-september-15-17-2025/ (last visited September 15, 2025).
Cameroon
The Government of the Republic of Cameroon seeks protection
for archaeological and ethnological materials from 100,000 B.C. to the 19th
century A.D., from the following time periods and cultures: Paleolithic (circa
100,000 – 2,000 B.C.), Neolithic (circa 9,000 – 500 B.C.), Metal Age (circa
3,000 – 300 B.C.), Historic Period (circa 1500 A.D.), Ethnological Period
(circa 1,000 B.C. – 19th century A.D.), including objects made from stone
(tools and weapons), ceramic (pottery and vessels), metal (jewelry, weapons,
tools), fossil and bone (human and animal remains). The ethnological materials
requested include objects made from wood (masks, statues, furniture), metal
(jewelry, weapons, tools), textiles (ceremonial clothing, tapestries,
embroidery), animal skins (clothing, drums, ritual objects), and bone (jewelry,
tools, ritual objects).
Afghanistan
Extending emergency
import restrictions unilaterally imposed by the United States on archaeological
and ethnological material from Afghanistan would continue import
restrictions on categories of archaeological material ranging in date from the
Paleolithic Period (50,000 B.C.) through the beginning of the Durrani Dynasty
(1747 A.D.), and ethnological material ranging in date from approximately 800
A.D. to 1920 A.D.
Colombia
Extending the Colombia MOU would
continue import restrictions on categories of archaeological material ranging
in date from approximately 1500 B.C. to 1530 A.D., and ecclesiastical
ethnological material of the Colonial period ranging in date from approximately
1530 A.D. to 1830 A.D.
Türkiye
Extending the Türkiye MOU would continue import restrictions on categories of archaeological material ranging in date from approximately 1.2 million years ago to 1770 A.D., and ethnological material ranging in date from the 1st century A.D. to 1923 A.D.
The CPAC members did not introduce themselves before the
public session, but CPAC currently includes the following individuals, all 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)).
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. Messrs.
Davis and Zonderman are new to their positions.
The meeting was conducted entirely on Zoom. None of the CPAC or ECA staff identified
themselves to the speakers, so it was difficult to ascertain who attended the
meeting.
The Chair, Alexandra Jones, welcomed the speakers. She thanked the speakers for attending,
indicated that all comments had been read, and that speakers should try to
limit themselves to under five minutes each given the number of presenters.
Dr. Ömür Harmanşah spoke as the
Vice President for Cultural Heritage, Archaeological Institute of America (“AIA”). Given time constraints, he focused his
comments on Türkiye and Afghanistan. He stated
that Congress chartered the AIA in 1906 and that today it has over 100,000 members
which includes professionals and members of the interested public. Dr. Harmanşah argued that all four countries
suffered from looting which is a global phenomenon. He praised Türkiye’s
hosting of American archaeologists at long-term digs in places like Sardis. He noted that the Afghan National Museum had partnered
with the University of Chicago to document continued looting in the country
after the Taliban took power. Dr. Harmanşah
himself has helped document looting in Türkiye.
Türkiye has taken strong measures to protect its own cultural heritage,
including enforcement, repatriation efforts, the creation of museum inventories
and the creation of a new “Red List” of Turkish archaeological materials at
risk from looting. Türkiye has also sent exhibitions to the US,
including one about the Golden Age of Midas that was displayed at the
University of Pennsylvania.
The AIA’s written comments about the proposed renewal of
emergency import restrictions for Afghanistan can be found here: can be found here:
https://www.regulations.gov/comment/DOS-2025-0203-0088
The AIA’s written comments on the proposed MOU with Cameroon
can be found here:
https://www.regulations.gov/comment/DOS-2025-0203-0089
The AIA’s written comments about the renewal with Colombia can
be found here:
https://www.regulations.gov/comment/DOS-2025-0203-0086
The AIA’s written comments about the renewal with Türkiye
can be found here:
https://www.regulations.gov/comment/DOS-2025-0203-0085
Peter Tompa spoke as executive director for the
International Association of Professional Numismatists (IAPN). He indicated that IAPN opposed renewals for
Afghanistan and Türkiye and takes no position on a MOU for Cameroon or a
renewal for Colombia as long as coins are not included. He focused his comments on Afghanistan and Türkiye,
stating that both renewals raised fundamental contradictions that could not be
reconciled. He referenced the Taliban’s
past destruction of historic statues and current blessing of a Chinese copper
mine that will swallow up an important Buddhist site. He further stated that ongoing looting with
the full knowledge of local warlords who have pledged allegiance to the Taliban
cannot be considered an “emergency.” As for Türkiye, he noted that its government’s
aggressive repatriation efforts abroad must be contrasted with its
encouragement of treasure hunting on Jewish and Christian sites at home as well
as its conversion of historic churches into mosques. He
further stated that extensive “designated lists” that cover coins that
circulated regionally and internationally only hurt legitimate trade. As a solution, he suggested that the Trump
Administration apply the Administrative Procedure Act to the creation of
designated lists and the Civil Asset Forfeiture Reform Act to enforcement.
Peter Tompa’s oral statement can be found here:
https://culturalpropertyobserver.blogspot.com/2025/09/renewals-for-afghanistan-and-Türkiye.html
IAPN’s written comments on proposed renewal of emergency
import restrictions for Afghanistan can be found here:
https://www.regulations.gov/comment/DOS-2025-0203-0035
IAPN’s written comments on renewal with Colombia can be found here:
https://www.regulations.gov/comment/DOS-2025-0203-0032
IAPN’s written
comments on the renewal with Türkiye can be found here:
https://www.regulations.gov/comment/DOS-2025-0203-0038
Peter Tompa’s personal comments can be found here:
https://www.regulations.gov/comment/DOS-2025-0203-0059
Dr. John Hoopes (University of Kansas) spoke in support of a
renewal of the MOU with Colombia. He has
excavated in the country for 30 years. Pottery
and gold artifacts are sought by looters, making the renewal of the current MOU
to be essential in helping to protect Colombia’s cultural heritage. There are many sites yet to be excavated,
just being discovered with the help of modern imaging techniques.
Kate FitzGibbon spoke as Executive Director of the Committee
of Cultural Policy (CCP) against the renewal of the current emergency import
restrictions on behalf of Afghanistan. FitzGibbon has a special interest in the
country after living there for 30 years working primarily with Afghan women who
make textiles. FitzGibbon raised four
main points. First, any renewal is
inconsistent with statutory intent. The
Cultural Property Implementation Act (CPIA) § 2603 only authorizes narrow,
time-limited, exceptional measures when there is an immediate crisis—targeted
to clearly defined categories that meet an evidentiary emergency standard—so
that US border controls can actually reduce the incentive for pillage. Congress
did not design § 2603 to function as a rolling, multi-year embargo across whole
civilizations. Second, the destination problem is real and unavoidable. Under
the CPIA’s return rule, designated material forfeited in the US must first be
offered back to the State Party. Today that means return to the Taliban and
their Interior Minister, Sirajuddin Haqqani, a US-wanted terrorist. Third, the policy is mis-aimed. The Afghan government, not the US art market,
is the problem. The most acute threats
to Afghanistan’s heritage today are state-sanctioned or militia-enabled
extractions and earthmoving, most notably the destruction of the important
Buddhist site of Mes Aynak to mine copper.
Finally, the emergency standard has been stretched past recognition. A
catch-all designated list spanning 70,000 years of culture through A.D. 1920,
renewed in five-year blocks, is not what § 2603 authorizes. Such a broad designated list only hurts
legitimate trade and threatens to sweep up and repatriate the personal property
of Afghan refugees. Instead, the US
Government should prioritize diaspora protection and safe-haven pathways and create
custodial trusteeship options with US museums and libraries for Afghan
materials until a legitimate government exists.
Testimony opposing the Afghan renewal submitted on behalf of
the CCP and its sister organization, the Global Heritage Alliance (GHA), can be
found here:
https://www.regulations.gov/comment/DOS-2025-0203-0091
FitzGibbon also submitted written testimony on behalf of the
CCP and GHA that opposed or questioned aspects of new or renewed MOUs with
Cameroon, Colombia and Türkiye.
The CCP’s and GHA’s written testimony on a proposed new MOU
with Cameroon can be found here:
https://www.regulations.gov/comment/DOS-2025-0203-0079
The CCP’s and GHA’s written testimony on a proposed renewal
of a MOU with Colombia can be found here:
https://www.regulations.gov/comment/DOS-2025-0203-0080
The CCP’s and GHA’s written testimony on a proposed renewal
of a MOU with Türkiye can be found here:
https://www.regulations.gov/comment/DOS-2025-0203-0083
Randy Myers spoke as a board member on behalf of the Ancient
Coin Collectors Guild (ACCG). He also spoke on behalf of the American
Numismatic Association (ANA). He touched
on several points related to the renewals for Afghanistan and Türkiye. First, he indicated the time provided to
comment of 31 days is inadequate; instead a full 60 days should be provided as
set forth in the Administrative Procedure Act.
Second, Myers noted that current
import restrictions on coins ignore the statutory provisions that limit them to
archaeological objects of “cultural significance” that were “first discovered
within” and “subject to export control” of a given country. He emphasized that unlike many ancient
artifacts, coins are mass produced, with dies used to strike 13,000 coins each. This large production of coins combined with
their wide dispersion means that one cannot assume that particular coin types
are found in a given country. For
example, coins on the current designated list for Türkiye are found as far West
as Spain and as far East as India. Finally,
he notes that the State Department has produced no information to suggest that
the MOU with Türkiye has been effective.
The ACCG’s and ANA’s written comments regarding the renewal
of emergency import restrictions for Afghanistan can be found here:
https://www.regulations.gov/comment/DOS-2025-0203-0030
The ACCG’s and ANA’s written comments regarding the renewal
of the CPA with Türkiye emergency can be found here:
https://www.regulations.gov/comment/DOS-2025-0203-0031
Elias Gerasoulis spoke as executive director of the GHA and
also as a board member of the American Hellenic Institute to oppose the Turkish
renewal. The Turkish CPA should not be renewed
because it will only further encourage Türkiye to erase the cultural heritage
of its displaced minority Christian and Jewish populations. Türkiye has tried
to rewrite the histories of its historic churches. It has licensed looting of Christian and
Jewish sites. It has precluded Christian
religious orders from owning their own property. It has occupied a significant part of Cyprus,
looting and destroying numerous churches.
It’s government actively works against religious freedom.
Lucy Varpetian appeared on behalf of the Armenian Bar
Association. The Armenian Bar
Association submitted comments, but Ms. Varpetian used her time to read a
letter to CPAC from Congressman Gus Bilirakis (R-Florida) opposing a renewal of
the MOU with Türkiye. Congressman
Bilirakis wrote CPAC as a co-chair of the Congressional International Religious
Freedom Caucus. That letter noted that Türkiye
had failed to protect the cultural heritage of its religious minorities, most
notably by converting historic churches into mosques. The asking that the MOU not be renewed, Bilirakis
concludes that, “[t]he government that destroys its minorities’ historical
property should not have the right to repatriate them at their pleasure.”
The Armenian Bar Association’s written comments can be found
here:
https://www.regulations.gov/comment/DOS-2025-0203-0072
After this presentation, one CPAC member (William Teitelman?)
noted he was Jewish and indicated to Ms. Varpetian that the concerns of
religious minorities would be considered.
Rabbi Eric Fusfield is Deputy Director, International Center
for Human Rights and Public Policy, Director of Legislative Affairs, B'nai
B'rith International. He argues that there should be a carve out from current
import restriction for Türkiye for ritual and ceremonial objects. These are currently found on the designated
list for Türkiye, but they really belong to Jewish and Christian communities,
not the Turkish state. Rabbi Fusfield
holds up a Kiddish cup as an example.
His wife’s family comes from a Middle Eastern country, and they were not
allowed to take such items with them when they were forced to flee. If these items remain on “designated lists,”
he thinks such items that may be seized by US Customs should be turned over to
the communities in exile, particularly whereas in Türkiye there are so few members
of the Jewish faith still living there these days.
Dr. Peri Johnson is an archaeologist teaching at the
University of Illinois Chicago. She
supports a renewal of the CPA with Türkiye because looting is still a major
problem there. She has seen instances
where heavy machinery was brought in to help loot sites. Around 50% of the archaeological digs in Türkiye
are meant to rescue items before they can be taken by looters.
Dr. Elizabeth Prodromou is a visiting professor in the
international studies program at Boston College. Prodromou served a diplomatic appointment on
the US Commission on International Religious Freedom (2004-2012), and she was a
member of the US Secretary of State’s Religion & Foreign Policy Working
Group (2011-2015). Dr. Promdmou believes
that the current agreement is in violation of Article 9 of the UNESCO
Convention because it can be seen as “green lighting” Türkiye’s erasure of minority
cultures, most recently the conversion of the Cathedral of Ani into a mosque. The
renewal of the MOU should be rejected, but if it is renewed, there should be an
individualized provenance review for contested items to determine whether the
object was originally created by a community that no longer exists in modern Türkiye
or whose property rights have not been acknowledged.
Dr. Prodromou’s written testimony, joining the comments of
the Armenian Bar Association, can be found here:
https://www.regulations.gov/comment/DOS-2025-0203-0078
Dr. Simon Maghakyan is a postdoctoral fellow at the
University of Oxford. He indicates his support of the comments of the Armenian
Bar Association. He indicates that
another reason the MOU should be rejected is on account of Türkiye’s support
for Azerbaijan in its war to erase Armenian culture heritage in Nagorno-Karabakh. He also notes that he has studied and written
a Newsweek article about state-sanctioned treasure hunting of former Armenian
areas in Türkiye. This article is cited
in the Armenian Bar Association’s comments at page 3. He urges CPAC to adopt
the 6 safeguards proposed in the Armenian Bar Association’s comments. These safeguards are discussed in depth at
pages 6-7 of those comments.
Dr. Brian Rose is the James B. Pritchard Professor of
Archaeology at the University of Pennsylvania in the Classical
Studies Department and the Graduate Group in the Art and Archaeology of
the Mediterranean World. He is also Peter C. Ferry Curator-in-Charge of the
Mediterranean Section of the Penn Museum.
He supports the renewal of the MOU with Türkiye believing that it is
essential to help combat continued looting in the country. Türkiye has taken adequate measures to
protect its own cultural heritage. These
include the use of drones to surveil sites and an active repatriation program,
with the help of the Manhattan DA’s office.
One CPAC member (William Teitelman?) asks Dr. Rose about Türkiye’s aggressive efforts to erase minority cultures. Dr. Rose can only say he has not personally seen any such activities and that the Turkish colleagues he deals with respect all cultures. He also indicates that he is aware of Türkiye’s efforts to turn Hagia Sophia into a mosque but offers no other comments.
