The CPIA, 19 U.S.C. Section 2602 (a) (1) (C) (ii) limits restrictions only to circumstances where less drastic remedies are unavailable.
Testimony during CPAC’s public session to discuss a renewal of the MOU with Cyprus established that the use of metal detectors was responsible for any looting of historical coins from the Island.
Yet, after 5 years of restrictions on “coins of Cypriot type” the renewed MOU available under "What's New" on the Cultural Heritage Center webstite states,
"The Government of the Republic of Cyprus will use its best efforts to enforce applicable laws and regulations regarding the use of metal detectors."
Isn’t this an admission that self-help measures on metal detectors were never really tried FIRST before import restrictions were placed on coins?
And if so, doesn’t this just help confirm that the State Department’s and CBP’s controversial decision to impose import restrictions on coins was based not on an application of the law to the facts but rather on cronyism and some behind the scenes lobbying of then Undersecretary Nicholas Burns?
Showing posts with label Nicholas Burns. Show all posts
Showing posts with label Nicholas Burns. Show all posts
Tuesday, July 17, 2012
Friday, July 13, 2012
It's Friday the 13th-- Cypriot Import Restrictions Renewed
It’s Friday the 13th and the State Department and US Customs and Border Protection have extended the current import restrictions on Cypriot archaeological artifacts for another five years. The restrictions on coins remain unchanged (despite demands from archaeologists that such restrictions be extended to Crusader issues):
D. Coins of Cypriot Types
Coins of Cypriot types made of gold, silver, and bronze including but not limited to:
1. Issues of the ancient kingdoms of Amathus, Kition, Kourion, Idalion, Lapethos, Marion, Paphos, Soli, and Salamis dating from the end of the 6th century B.C. to 332 B.C.
2. Issues of the Hellenistic period, such as those of Paphos, Salamis, and Kition from 332 B.C. to c. 30 B.C.
3. Provincial and local issues of the Roman period from c. 30 B.C. to 235 A.D. Often these have a bust or head on one side and the image of a temple (the Temple of Aphrodite at Palaipaphos) or statue (statue of Zeus Salaminios) on the other.
What has changed is that there are new restrictions on ecclesiastical objects dating to 1850. This is another example of State Department and CBP overreach—restrictions on ethnological artifacts were only meant to extend to the products of tribal and pre-industrial cultures, not religious artifacts made as late as 1850.
In any event, by its actions the Obama State Department has ratified the decisions of the Bush State Department despite credible information that the decision to extend import restrictions to coins was made against CPAC’s recommendations based on little more than cronyism and behind the scenes lobbying of then Undersecretary of State Nicholas Burns. The Fourth Circuit Court of Appeals is yet to decide whether the State Department will be required to respond to these allegations or not. Certainly the public has already spoken with some 77% of the latest public comments to CPAC either opposed to the MOU or its extension to coins.
D. Coins of Cypriot Types
Coins of Cypriot types made of gold, silver, and bronze including but not limited to:
1. Issues of the ancient kingdoms of Amathus, Kition, Kourion, Idalion, Lapethos, Marion, Paphos, Soli, and Salamis dating from the end of the 6th century B.C. to 332 B.C.
2. Issues of the Hellenistic period, such as those of Paphos, Salamis, and Kition from 332 B.C. to c. 30 B.C.
3. Provincial and local issues of the Roman period from c. 30 B.C. to 235 A.D. Often these have a bust or head on one side and the image of a temple (the Temple of Aphrodite at Palaipaphos) or statue (statue of Zeus Salaminios) on the other.
What has changed is that there are new restrictions on ecclesiastical objects dating to 1850. This is another example of State Department and CBP overreach—restrictions on ethnological artifacts were only meant to extend to the products of tribal and pre-industrial cultures, not religious artifacts made as late as 1850.
In any event, by its actions the Obama State Department has ratified the decisions of the Bush State Department despite credible information that the decision to extend import restrictions to coins was made against CPAC’s recommendations based on little more than cronyism and behind the scenes lobbying of then Undersecretary of State Nicholas Burns. The Fourth Circuit Court of Appeals is yet to decide whether the State Department will be required to respond to these allegations or not. Certainly the public has already spoken with some 77% of the latest public comments to CPAC either opposed to the MOU or its extension to coins.
Sunday, March 18, 2012
Harvard Protects its Own?
This is how the AIA has described the public testimony of Prof. Carmen Arnold-Biucchi of Harvard at January's CPAC meeting:
"Carmen Arnold-Biucchi, representing the Harvard Art Museums, noted that she was not arguing against collecting coins, but that the looting on the island was now such a problem that extraordinary steps must be taken to combat the loss of knowledge that comes when coins are taken out of context."
http://archaeological.org/news/advocacy/8558#Oral%20Comment
Professor Biucchi's and Harvard's appearance at this CPAC meeting was unexpected. The Harvard Coin Collection has been the beneficiary of money and donations from both dealers and serious collectors, and it contains thousands of unprovenanced coins of the sort Arnold-Biucchi apparently now condemns.
Interestingly, Nicholas Burns, the former Undersecretary of State who apparently ordered import restrictions on Cypriot coins over CPAC's objections as a "thank you" to Cypriot advocacy groups who had given him an award is now a professor of "good government" at Harvard.
Why did Harvard and Arnold-Biucchi now decide to provide vocal support for import restrictions on Cypriot coins? Was it done to help protect Nicholas Burns' reputation?
"Carmen Arnold-Biucchi, representing the Harvard Art Museums, noted that she was not arguing against collecting coins, but that the looting on the island was now such a problem that extraordinary steps must be taken to combat the loss of knowledge that comes when coins are taken out of context."
http://archaeological.org/news/advocacy/8558#Oral%20Comment
Professor Biucchi's and Harvard's appearance at this CPAC meeting was unexpected. The Harvard Coin Collection has been the beneficiary of money and donations from both dealers and serious collectors, and it contains thousands of unprovenanced coins of the sort Arnold-Biucchi apparently now condemns.
Interestingly, Nicholas Burns, the former Undersecretary of State who apparently ordered import restrictions on Cypriot coins over CPAC's objections as a "thank you" to Cypriot advocacy groups who had given him an award is now a professor of "good government" at Harvard.
Why did Harvard and Arnold-Biucchi now decide to provide vocal support for import restrictions on Cypriot coins? Was it done to help protect Nicholas Burns' reputation?
Selective Memory
Months after the fact, the AIA has produced this highly selective and rather condescending account of what happened at the CPAC meeting to discuss the renewal of the current MOU with Cyprus. http://archaeological.org/news/advocacy/8558#Oral%20Comment
For a far more complete and hence accurate summary, see my own here: http://culturalpropertyobserver.blogspot.com/2012/01/cpac-meeting-on-renewal-of-mou-with.html
Addendum (4/20/12): Archaeo-Bloggers David Gill (Suffolk University) and Nathan Elkins (Baylor University) have publicised the AIA's summary of the CPAC Meeting on Cyprus, but have so far refused to post my comment linking my own far more complete report. Do Suffolk and Baylor support such efforts to suppress alternate views? Is that what Universities are about?
For a far more complete and hence accurate summary, see my own here: http://culturalpropertyobserver.blogspot.com/2012/01/cpac-meeting-on-renewal-of-mou-with.html
Addendum (4/20/12): Archaeo-Bloggers David Gill (Suffolk University) and Nathan Elkins (Baylor University) have publicised the AIA's summary of the CPAC Meeting on Cyprus, but have so far refused to post my comment linking my own far more complete report. Do Suffolk and Baylor support such efforts to suppress alternate views? Is that what Universities are about?
Friday, December 9, 2011
Will the Obama State Department Uphold Import Restrictions Allegedly Founded on Cronyism?
How did the controverisal decision to impose import restriction on Cypriot coins come about? This is a significant issue because this "precedent" has formed the basis for far more extensive restrictions on Chinese, Italian and now Greek coins.
Well, here are some unrebutted allegations from ACCG's Amended Complaint in the Baltimore Test Case. They are largely based on information from FOIA releases:
48. In or about November 2005, Dr. Pavlos Florentzos, Director of the Cyprus Department of Antiquities, visited the United States at the invitation of CAARI and with the support of the U.S. Embassy in Cyprus. During this time, CAARI facilitated a meeting between Florentzos and employees of ECA’s Cultural Heritage Center, including its Executive Director, Maria Kourpoupas, and a staff archaeologist. See J. Green, Cyprus Director of Antiquities, Dr. Pavolos Flourtzos, Visits the U.S., 31 CAARI News 3 (Winter 2006).
49. Upon information and belief, CAARI has benefited from direct and/or indirect financial and/or material support from State, the Government of Cyprus and Cypriot entities, including the Bank of Cyprus Cultural Foundation.
50. Upon information and belief, the Bank of Cyprus Cultural Foundation was established to rescue the Island’s cultural heritage, which the Foundation maintains was pillaged and destroyed by Turkish forces when they occupied the Northern part of the Island. Upon further information and belief, the Bank of Cyprus Cultural Foundation maintains one of the largest collections of ancient coins of Cypriot type within Cyprus. Upon further information and belief, the Bank of Cyprus Cultural Foundation purchases unprovenanced coins on the open market for its collection of the sort now subject to U.S. import restrictions on coins of Cypriot type.
51. On January 19, 2006, State announced a five (5) year renewal of its Memorandum of Understanding (MOU) with Italy relating to cultural artifacts. Once again, Defendants exempted ancient coins struck in Italy from import restrictions.
52. On December 7, 2006, the Federal Register carried a notice indicating that CPAC would conduct a review of the MOU with Cyprus. That notice invited public comment to be submitted no later than January 11, 2007. The Federal Register notice contained no mention of an effort to extend new restrictions to coins. See 71 Fed. Reg. 71015-71016 (Dec. 7, 2006).
53. On December 8, 2006, Principal Deputy Assistant Secretary, ECA Miller Crouch indicated in a response to an e-mail inquiry that he “d[id] not anticipate” that new restrictions on coins would be addressed at CPAC’s hearing to consider the renewal of the MOU with Cyprus.
54. On December 14, 2006, two numismatic trade associations filed a request with State to recuse CPAC member Joan Connelly from voting on any last minute effort to impose import restrictions on ancient Cypriot coins. That recusal request noted that Dr. Connelly excavated in Cyprus and had publicly thanked “the Department of Antiquities of Cyprus, its Director, Dr. Demos Christou and the Ministry of Communication and Works, Republic of Cyprus, for granting us the license to excavate on Yeronisos Island.”
55. On January 12, 2007, State summarily denied the recusal request.
56. On January 17, 2007, according to a heavily redacted document released in response to a FOIA request, a State ECA Cultural Heritage Center staff archaeologist conferred with the late Dr. Danielle Parks, an archaeologist associated with the CAARI, about the inclusion of coins in the Cypriot request.
57. On January 19, 2007, according to a document released in response to a FOIA request, Cyprus requested State to amend the designated list of artifacts subject to import restriction to include coins of Cypriot type.
58. On January 25, 2007, CPAC conducted a public hearing on the renewal of the MOU with Cyprus. At that hearing, CPAC Chairman Jay Kislak announced that he had learned that Cyprus had requested that State amend the designated list of Cypriot artifacts subject to import restrictions to include coins of Cypriot type.
59. Upon information and belief, at that same hearing, neither Cypriot authorities nor members of the archaeological community could point to any material change of fact justifying a change in the exemption from import restrictions on Cypriot coins.
60. On January 26, 2007, in response to complaints about the lack of public notice for the inclusion of coins in the Cypriot request, State announced an additional ten (10) day comment period. State made this announcement on the Cultural Heritage Center website and not in the Federal Register. Nevertheless, during this extremely short time frame, numismatic groups generated over 1100 letters opposing the extension of import restrictions to coins.
61. Upon information and belief, comments provided by ACCG and others established: (a) that Cypriot coins were common, with many known examples of coin types struck on the Island; (b) that Cypriot coins travelled widely so that one could not assume that a coin struck in Cyprus was “first discovered” there; (c) that less drastic remedies like the imposition of a treasure trove law and/or the regulation of metal detectors should be tried before import restrictions were considered; (d) and that the CPIA’s “concerted international response” requirement could not be met.
62. Upon information and belief CAARI, the AIA, the Bank of Cyprus Cultural Foundation, and the late Dr. Danielle Parks submitted comments supporting import restrictions at the behest of Cyprus.
63. In a letter dated February 5, 2007, the AIA’s president claimed that it was proper to assume that coins of Cypriot type can be assumed to have Cypriot find spots, because “Coins minted on Cyprus were very rarely taken from the island in antiquity.”
64. On May 2, 2007, Assistant Secretary of State, ECA Dina Powell, the decision maker for the extension of the MOU with Cyprus announced her departure to become the Director for Global Corporate Engagement at Goldman Sachs. See http://en.wikipedia.org/wiki/Dina_Powell (last checked, 7/2/10).
65. Upon information and belief, Goldman Sachs is a bank holding company with worldwide business interests, likely including relationships with Cyprus or Cypriot entities like the Bank of Cyprus.
66. On or about May 7, 2007, according to a document released in response to a FOIA request, CPAC issued its report making its recommendations concerning the extension of the MOU with Cyprus.
67. On or about May 14, 2007, according to a document released in response to a FOIA request, Pavolos Flouretzos, Director, Cypriot Department of Antiquities, admitted in a private communication to State, “It is true that Cypriot coins shared the same destiny as all other coins of the ancient world. As a standard media of exchange they circulated all over the ancient world due to their small size, which facilitated their easy transport… The continuous circulation of coins for many centuries amongst collectors and between collectors and museums make any attempt to locate their exact find spot extremely difficult.”
68. On or about May 16, 2007, Undersecretary of State Nicholas Burns, upon information and belief the third ranking official at State, accepted an award from Greek and Greek Cypriot advocacy groups as these groups lobbied the State policy makers. According to a press release, "Undersecretary of State Nicholas Burns was the first Philhellene to receive the Livanos Award. This award is given each year to, as its states on the award, 'that individual who, like George P. Livanos, has utilized ancient Hellenic values to realize extraordinary achievement in modern society while contributing to the improvement of our civilization.'" See http://news.pseka.net/uploads/img/documents/PSEKA-SAE_2007_Conference_EN_01_CEH_01.pdf (last checked, 7/2/10).
69. On or about May 16, 2007, State’s news service quoted Burns as stating on receipt of the Livanos award, "I wear this title of Philhellene rather proudly. You don’t spend four years in Greece, as my wife and three daughters and I did, and not come back feeling committed to Greek thought, to the Greek way of life, to Greece itself in my case....We’re personally committed to the country, to the relationship."
70. On May 17, 2007, according to a document released in response to a FOIA request, Kurt Volker, Acting Assistant Secretary of State, Bureau of European and Eurasian Affairs, wrote the Assistant Secretary, ECA Dina Powell, stating “[G]iven our general support for protection of antiquities and the importance of this MOU to our bilateral relations with Cyprus, EUR strongly recommends that ECA approve the renewal of the MOU and include the protection of coins.”
71. On May 29, 2007, according to a document released in redacted form in response to a FOIA request, Principal Deputy Assistant Secretary, ECA Miller Crouch wrote an “Action Memo” to the decision maker Assistant Secretary, ECA Dina Powell regarding the extension of the MOU with Cyprus. That Action Memo only provides the decision maker with the false choice of approving the import restrictions including coins in their entirety or disapproving them in their entirety. The Action Memo does not provide the decision maker the option of continuing the then current import restrictions without extending them to coins.
72. On May 30, 2007, according to that same document, Assistant Secretary of State Dina Powell signed off on that action memo that authorized import restrictions on ancient coins of Cypriot type.
73. On July 13, 2007, Defendants formally extended import restrictions to coins of Cypriot Types. See Extension of Import Restrictions Imposed on Pre-Classical and Classical Archaeological Objects and Byzantine Period Ecclesiastical and Ritual Ethnological Material from Cyprus, 19 CFR Part 12, reported at 72 Fed. Reg. 38470-74 (July 13, 2007).
74. On July 16, 2007, the MOU renewal with Cyprus was signed. That MOU fails to suggest that restrictions under the agreement satisfy the CPIA’s requirements, including the requirement “concerted international response” requirement or the requirement that less drastic remedies than import restrictions on coins are not available.
75. On July 19, 2007, Undersecretary Nicholas Burns conducted a signing ceremony for the MOU to coincide with Greek and Greek Cypriot lobbying efforts on Capitol Hill and at the State Department itself. Upon information and belief, representatives of CAARI were invited to this signing ceremony.
76. The official transcript of the Cyprus MOU signing ceremony omits several significant words. In the transcript, Ambassador Kakouris of Cyprus is reported as saying, "In fact, I was reminded just before we came in about something that I had said in January when we were before the Committee and responding to someone very much on the side of the coin collectors who -- talked about the hobby of collecting coins. And I said to him: ‘It may be your hobby, but it's our heritage!" and that is the way that we look at this issue.’"
77. In fact, what Kakouris actually said can be heard (at 10:09 of the audio). There, he states, "In fact, I was reminded by [Cultural Heritage Center ED] Maria Kouroupas just before we came in about something that I had said in January when we were before the Committee and dealing with the coin collectors and somebody who was very much on their side, when he talked about the hobby of collecting coins. And I said to him: ‘It may be your hobby, but it's our heritage!" and that is the way that we look at this issue.’" (Emphasis added.)
78. On July 20, 2007, State issued a press release about the MOU. That press release stated, “With the extension of this MOU, DHS amended the designated list of restricted categories to include ancient coins of Cypriot types produced from the end of the 6th century B.C. to 235 A.D. Coins, a significant and inseparable part of the archaeological record of the island, are especially valuable to understanding the history of Cyprus. This extension of the MOU is consistent with the recommendation of the Cultural Property Advisory Committee, which is administered by the Bureau for Educational and Cultural Affairs.” (Emphasis added.)
79. On August 29, 2007, State sent a report mandated under the CPIA to Congress. Under 19 U.S.C. § 2602 (g)(2), that report is required to: (a) describe the actions taken; (b) whether there were any differences between those actions and CPAC’s recommendations; and, (c) if so, the reasons for those differences. That report, however, contains no indication whether State rejected CPAC recommendation against import restrictions on coins, and, if so, why?
80. In addition, that report also indicates that Customs acted as the lead agency for imposing import restrictions on coins. In pertinent part, the report states, “The Federal Register notice for Cyprus was amended by the Department for Homeland Security, in consultation with the Department of State, to include coins of Cypriot types which are also vulnerable to archaeological looting.”
81. In or about July 17, 2007, ECA publicized the new restrictions on coins of Cypriot types on its website as follows: “The Government of the Republic of Cyprus requested and amendment to the designated list to include coins…. Q. What was the response? A. The Cultural Property Implementation Act places the authority for the Designated List with the Department of Homeland Security (DHS) in consultation with the Department of State. On July 13, 2007, DHS published a Federal Register notice concerning the extension of the agreement and amending the Designated List to include certain coins from Cyprus, effective July 16, 2007.”
82. In or about May-June 2008, the Cyprus News Service quoted CAARI’s president as stating, “CAARI has been in the forefront of the successful effort to renew the Memorandum of Understanding between Cyprus and the USA restricting the import of Cypriot antiquities into the United States…..” See http://www.caari.org/CAARIat30.htm (last checked, 7/2/10).
83. On January 16, 2009, the Federal Register announced import restrictions on Chinese cultural artifacts, including those on early media of exchange to Tang era cash coins. See 19 CFR Part 12, reported at 74 Fed. Reg. 2838-2844 (Jan. 16, 2009).
84. On April 20, 2009, past CPAC Chairman Jay Kislak signed a declaration in FOIA litigation that stated in pertinent part:
o I am told that Section 303 (g) of the CPIA requires the State Department to report to Congress any differences between CPAC’s recommendations and the State Department’s ultimate decision to impose import restrictions. In this regard, the release of the most recent CPAC report related to Cyprus and its discussion about coins could clarify misleading information contained in official State Department documents.
o I specifically recall the Cypriot request that then current import restrictions on other cultural artifacts be extended to coins was a matter of great public controversy. CPAC considered the question specifically and I recall a special vote being taken on this particular issue.
o With that in mind, I have reviewed both an official State Department Press Release and a State Department report made pursuant to CPIA Section 303 (g) about the MOU with Cyprus…I believe it is absolutely false to suggest in those materials that the State Department’s decision to extend import restrictions to ancient coins was consistent with CPAC’s recommendations. The full release of CPAC’s recommendations with regard to coins could be in the public interest because it should clarify misleading information contained in official State Department documents.
Will the Obama Administration and CPAC investigate these allegations before deciding to renew the Cypriot MOU? If true, don't they suggest that the MOU be terminated instead because it is founded on cronyism? If not, why not?
Well, here are some unrebutted allegations from ACCG's Amended Complaint in the Baltimore Test Case. They are largely based on information from FOIA releases:
48. In or about November 2005, Dr. Pavlos Florentzos, Director of the Cyprus Department of Antiquities, visited the United States at the invitation of CAARI and with the support of the U.S. Embassy in Cyprus. During this time, CAARI facilitated a meeting between Florentzos and employees of ECA’s Cultural Heritage Center, including its Executive Director, Maria Kourpoupas, and a staff archaeologist. See J. Green, Cyprus Director of Antiquities, Dr. Pavolos Flourtzos, Visits the U.S., 31 CAARI News 3 (Winter 2006).
49. Upon information and belief, CAARI has benefited from direct and/or indirect financial and/or material support from State, the Government of Cyprus and Cypriot entities, including the Bank of Cyprus Cultural Foundation.
50. Upon information and belief, the Bank of Cyprus Cultural Foundation was established to rescue the Island’s cultural heritage, which the Foundation maintains was pillaged and destroyed by Turkish forces when they occupied the Northern part of the Island. Upon further information and belief, the Bank of Cyprus Cultural Foundation maintains one of the largest collections of ancient coins of Cypriot type within Cyprus. Upon further information and belief, the Bank of Cyprus Cultural Foundation purchases unprovenanced coins on the open market for its collection of the sort now subject to U.S. import restrictions on coins of Cypriot type.
51. On January 19, 2006, State announced a five (5) year renewal of its Memorandum of Understanding (MOU) with Italy relating to cultural artifacts. Once again, Defendants exempted ancient coins struck in Italy from import restrictions.
52. On December 7, 2006, the Federal Register carried a notice indicating that CPAC would conduct a review of the MOU with Cyprus. That notice invited public comment to be submitted no later than January 11, 2007. The Federal Register notice contained no mention of an effort to extend new restrictions to coins. See 71 Fed. Reg. 71015-71016 (Dec. 7, 2006).
53. On December 8, 2006, Principal Deputy Assistant Secretary, ECA Miller Crouch indicated in a response to an e-mail inquiry that he “d[id] not anticipate” that new restrictions on coins would be addressed at CPAC’s hearing to consider the renewal of the MOU with Cyprus.
54. On December 14, 2006, two numismatic trade associations filed a request with State to recuse CPAC member Joan Connelly from voting on any last minute effort to impose import restrictions on ancient Cypriot coins. That recusal request noted that Dr. Connelly excavated in Cyprus and had publicly thanked “the Department of Antiquities of Cyprus, its Director, Dr. Demos Christou and the Ministry of Communication and Works, Republic of Cyprus, for granting us the license to excavate on Yeronisos Island.”
55. On January 12, 2007, State summarily denied the recusal request.
56. On January 17, 2007, according to a heavily redacted document released in response to a FOIA request, a State ECA Cultural Heritage Center staff archaeologist conferred with the late Dr. Danielle Parks, an archaeologist associated with the CAARI, about the inclusion of coins in the Cypriot request.
57. On January 19, 2007, according to a document released in response to a FOIA request, Cyprus requested State to amend the designated list of artifacts subject to import restriction to include coins of Cypriot type.
58. On January 25, 2007, CPAC conducted a public hearing on the renewal of the MOU with Cyprus. At that hearing, CPAC Chairman Jay Kislak announced that he had learned that Cyprus had requested that State amend the designated list of Cypriot artifacts subject to import restrictions to include coins of Cypriot type.
59. Upon information and belief, at that same hearing, neither Cypriot authorities nor members of the archaeological community could point to any material change of fact justifying a change in the exemption from import restrictions on Cypriot coins.
60. On January 26, 2007, in response to complaints about the lack of public notice for the inclusion of coins in the Cypriot request, State announced an additional ten (10) day comment period. State made this announcement on the Cultural Heritage Center website and not in the Federal Register. Nevertheless, during this extremely short time frame, numismatic groups generated over 1100 letters opposing the extension of import restrictions to coins.
61. Upon information and belief, comments provided by ACCG and others established: (a) that Cypriot coins were common, with many known examples of coin types struck on the Island; (b) that Cypriot coins travelled widely so that one could not assume that a coin struck in Cyprus was “first discovered” there; (c) that less drastic remedies like the imposition of a treasure trove law and/or the regulation of metal detectors should be tried before import restrictions were considered; (d) and that the CPIA’s “concerted international response” requirement could not be met.
62. Upon information and belief CAARI, the AIA, the Bank of Cyprus Cultural Foundation, and the late Dr. Danielle Parks submitted comments supporting import restrictions at the behest of Cyprus.
63. In a letter dated February 5, 2007, the AIA’s president claimed that it was proper to assume that coins of Cypriot type can be assumed to have Cypriot find spots, because “Coins minted on Cyprus were very rarely taken from the island in antiquity.”
64. On May 2, 2007, Assistant Secretary of State, ECA Dina Powell, the decision maker for the extension of the MOU with Cyprus announced her departure to become the Director for Global Corporate Engagement at Goldman Sachs. See http://en.wikipedia.org/wiki/Dina_Powell (last checked, 7/2/10).
65. Upon information and belief, Goldman Sachs is a bank holding company with worldwide business interests, likely including relationships with Cyprus or Cypriot entities like the Bank of Cyprus.
66. On or about May 7, 2007, according to a document released in response to a FOIA request, CPAC issued its report making its recommendations concerning the extension of the MOU with Cyprus.
67. On or about May 14, 2007, according to a document released in response to a FOIA request, Pavolos Flouretzos, Director, Cypriot Department of Antiquities, admitted in a private communication to State, “It is true that Cypriot coins shared the same destiny as all other coins of the ancient world. As a standard media of exchange they circulated all over the ancient world due to their small size, which facilitated their easy transport… The continuous circulation of coins for many centuries amongst collectors and between collectors and museums make any attempt to locate their exact find spot extremely difficult.”
68. On or about May 16, 2007, Undersecretary of State Nicholas Burns, upon information and belief the third ranking official at State, accepted an award from Greek and Greek Cypriot advocacy groups as these groups lobbied the State policy makers. According to a press release, "Undersecretary of State Nicholas Burns was the first Philhellene to receive the Livanos Award. This award is given each year to, as its states on the award, 'that individual who, like George P. Livanos, has utilized ancient Hellenic values to realize extraordinary achievement in modern society while contributing to the improvement of our civilization.'" See http://news.pseka.net/uploads/img/documents/PSEKA-SAE_2007_Conference_EN_01_CEH_01.pdf (last checked, 7/2/10).
69. On or about May 16, 2007, State’s news service quoted Burns as stating on receipt of the Livanos award, "I wear this title of Philhellene rather proudly. You don’t spend four years in Greece, as my wife and three daughters and I did, and not come back feeling committed to Greek thought, to the Greek way of life, to Greece itself in my case....We’re personally committed to the country, to the relationship."
70. On May 17, 2007, according to a document released in response to a FOIA request, Kurt Volker, Acting Assistant Secretary of State, Bureau of European and Eurasian Affairs, wrote the Assistant Secretary, ECA Dina Powell, stating “[G]iven our general support for protection of antiquities and the importance of this MOU to our bilateral relations with Cyprus, EUR strongly recommends that ECA approve the renewal of the MOU and include the protection of coins.”
71. On May 29, 2007, according to a document released in redacted form in response to a FOIA request, Principal Deputy Assistant Secretary, ECA Miller Crouch wrote an “Action Memo” to the decision maker Assistant Secretary, ECA Dina Powell regarding the extension of the MOU with Cyprus. That Action Memo only provides the decision maker with the false choice of approving the import restrictions including coins in their entirety or disapproving them in their entirety. The Action Memo does not provide the decision maker the option of continuing the then current import restrictions without extending them to coins.
72. On May 30, 2007, according to that same document, Assistant Secretary of State Dina Powell signed off on that action memo that authorized import restrictions on ancient coins of Cypriot type.
73. On July 13, 2007, Defendants formally extended import restrictions to coins of Cypriot Types. See Extension of Import Restrictions Imposed on Pre-Classical and Classical Archaeological Objects and Byzantine Period Ecclesiastical and Ritual Ethnological Material from Cyprus, 19 CFR Part 12, reported at 72 Fed. Reg. 38470-74 (July 13, 2007).
74. On July 16, 2007, the MOU renewal with Cyprus was signed. That MOU fails to suggest that restrictions under the agreement satisfy the CPIA’s requirements, including the requirement “concerted international response” requirement or the requirement that less drastic remedies than import restrictions on coins are not available.
75. On July 19, 2007, Undersecretary Nicholas Burns conducted a signing ceremony for the MOU to coincide with Greek and Greek Cypriot lobbying efforts on Capitol Hill and at the State Department itself. Upon information and belief, representatives of CAARI were invited to this signing ceremony.
76. The official transcript of the Cyprus MOU signing ceremony omits several significant words. In the transcript, Ambassador Kakouris of Cyprus is reported as saying, "In fact, I was reminded just before we came in about something that I had said in January when we were before the Committee and responding to someone very much on the side of the coin collectors who -- talked about the hobby of collecting coins. And I said to him: ‘It may be your hobby, but it's our heritage!" and that is the way that we look at this issue.’"
77. In fact, what Kakouris actually said can be heard (at 10:09 of the audio). There, he states, "In fact, I was reminded by [Cultural Heritage Center ED] Maria Kouroupas just before we came in about something that I had said in January when we were before the Committee and dealing with the coin collectors and somebody who was very much on their side, when he talked about the hobby of collecting coins. And I said to him: ‘It may be your hobby, but it's our heritage!" and that is the way that we look at this issue.’" (Emphasis added.)
78. On July 20, 2007, State issued a press release about the MOU. That press release stated, “With the extension of this MOU, DHS amended the designated list of restricted categories to include ancient coins of Cypriot types produced from the end of the 6th century B.C. to 235 A.D. Coins, a significant and inseparable part of the archaeological record of the island, are especially valuable to understanding the history of Cyprus. This extension of the MOU is consistent with the recommendation of the Cultural Property Advisory Committee, which is administered by the Bureau for Educational and Cultural Affairs.” (Emphasis added.)
79. On August 29, 2007, State sent a report mandated under the CPIA to Congress. Under 19 U.S.C. § 2602 (g)(2), that report is required to: (a) describe the actions taken; (b) whether there were any differences between those actions and CPAC’s recommendations; and, (c) if so, the reasons for those differences. That report, however, contains no indication whether State rejected CPAC recommendation against import restrictions on coins, and, if so, why?
80. In addition, that report also indicates that Customs acted as the lead agency for imposing import restrictions on coins. In pertinent part, the report states, “The Federal Register notice for Cyprus was amended by the Department for Homeland Security, in consultation with the Department of State, to include coins of Cypriot types which are also vulnerable to archaeological looting.”
81. In or about July 17, 2007, ECA publicized the new restrictions on coins of Cypriot types on its website as follows: “The Government of the Republic of Cyprus requested and amendment to the designated list to include coins…. Q. What was the response? A. The Cultural Property Implementation Act places the authority for the Designated List with the Department of Homeland Security (DHS) in consultation with the Department of State. On July 13, 2007, DHS published a Federal Register notice concerning the extension of the agreement and amending the Designated List to include certain coins from Cyprus, effective July 16, 2007.”
82. In or about May-June 2008, the Cyprus News Service quoted CAARI’s president as stating, “CAARI has been in the forefront of the successful effort to renew the Memorandum of Understanding between Cyprus and the USA restricting the import of Cypriot antiquities into the United States…..” See http://www.caari.org/CAARIat30.htm (last checked, 7/2/10).
83. On January 16, 2009, the Federal Register announced import restrictions on Chinese cultural artifacts, including those on early media of exchange to Tang era cash coins. See 19 CFR Part 12, reported at 74 Fed. Reg. 2838-2844 (Jan. 16, 2009).
84. On April 20, 2009, past CPAC Chairman Jay Kislak signed a declaration in FOIA litigation that stated in pertinent part:
o I am told that Section 303 (g) of the CPIA requires the State Department to report to Congress any differences between CPAC’s recommendations and the State Department’s ultimate decision to impose import restrictions. In this regard, the release of the most recent CPAC report related to Cyprus and its discussion about coins could clarify misleading information contained in official State Department documents.
o I specifically recall the Cypriot request that then current import restrictions on other cultural artifacts be extended to coins was a matter of great public controversy. CPAC considered the question specifically and I recall a special vote being taken on this particular issue.
o With that in mind, I have reviewed both an official State Department Press Release and a State Department report made pursuant to CPIA Section 303 (g) about the MOU with Cyprus…I believe it is absolutely false to suggest in those materials that the State Department’s decision to extend import restrictions to ancient coins was consistent with CPAC’s recommendations. The full release of CPAC’s recommendations with regard to coins could be in the public interest because it should clarify misleading information contained in official State Department documents.
Will the Obama Administration and CPAC investigate these allegations before deciding to renew the Cypriot MOU? If true, don't they suggest that the MOU be terminated instead because it is founded on cronyism? If not, why not?
Monday, October 17, 2011
Comments on the Bulgarian Request: Why Bother?
The State Department has announced another short comment period for proposed import restrictions that may include coins from Bulgaria. See http://exchanges.state.gov/heritage/whatsnew.html
Given recent import restrictions imposed on coins from Italy and Cyprus though, why bother to comment?
Coin collectors and members of the small businesses of the numismatic trade have certainly dominated public comment when import restrictions on coins have been at issue.
Most recently, 1347 individuals commented on the Greek MOU on the regulations.gov website. Of these, approximately 70% (942) opposed the MOU or its extension to coins with 30% in favor (404). Virtually all those opposed were coin collectors.
The next most recent request was the renewal of the Italian MOU. A FOIA request reveals that while some 2000 collectors opposed the extension of import restrictions to coins only some 13 or so comments were in favor of it. (About 100 public comments favored an extension of the MOU but did not mention coins).
Prior to that there was Cyprus. If memory serves, there were some 1200 or so public comments against import restrictions on coins generated in a short 10 day comment period.
Yet, based on recent trends, I can certainly see how some might question whether public comment really matters when the State Department Cultural Heritage Center seems to be run as little more than an adjunct of the AIA and the rest of the State Department bureaucracy seems to value the wishes of foreign cultural bureaucracies over the interests of American citizens who collect and deal in ancient coins.
Indeed, despite the lopsided number of public comments opposed to import restrictions on coins, the fact that such coins had been exempted before and the recommendations of CPAC, the State Department bureaucracy nonetheless recently imposed new import restrictions on Greek, certain Republican and city coins of "Italian types." Yet, despite the calls from the AIA, no import restrictions were imposed on most Roman coins.
While an MOU has agreed to with Greece, we still do not know whether coins will be included in any restrictions.
And as for Cyprus, import restrictions were indeed imposed despite the number of public comments and CPAC's recommendations, but only after behind the scenes lobbying evidently convinced the State Department's third ranking official, Nicholas Burns, to take up the archaeological cause.
So do comments matter? I think they do, despite the fact that the deck appears to be obviously stacked against anyone not associated with the archaeological community.
At a minimum, public comments do show the State Department bureaucracy that real people do care about this issue, and hence perhaps do some good in moderating outcomes.
Given recent import restrictions imposed on coins from Italy and Cyprus though, why bother to comment?
Coin collectors and members of the small businesses of the numismatic trade have certainly dominated public comment when import restrictions on coins have been at issue.
Most recently, 1347 individuals commented on the Greek MOU on the regulations.gov website. Of these, approximately 70% (942) opposed the MOU or its extension to coins with 30% in favor (404). Virtually all those opposed were coin collectors.
The next most recent request was the renewal of the Italian MOU. A FOIA request reveals that while some 2000 collectors opposed the extension of import restrictions to coins only some 13 or so comments were in favor of it. (About 100 public comments favored an extension of the MOU but did not mention coins).
Prior to that there was Cyprus. If memory serves, there were some 1200 or so public comments against import restrictions on coins generated in a short 10 day comment period.
Yet, based on recent trends, I can certainly see how some might question whether public comment really matters when the State Department Cultural Heritage Center seems to be run as little more than an adjunct of the AIA and the rest of the State Department bureaucracy seems to value the wishes of foreign cultural bureaucracies over the interests of American citizens who collect and deal in ancient coins.
Indeed, despite the lopsided number of public comments opposed to import restrictions on coins, the fact that such coins had been exempted before and the recommendations of CPAC, the State Department bureaucracy nonetheless recently imposed new import restrictions on Greek, certain Republican and city coins of "Italian types." Yet, despite the calls from the AIA, no import restrictions were imposed on most Roman coins.
While an MOU has agreed to with Greece, we still do not know whether coins will be included in any restrictions.
And as for Cyprus, import restrictions were indeed imposed despite the number of public comments and CPAC's recommendations, but only after behind the scenes lobbying evidently convinced the State Department's third ranking official, Nicholas Burns, to take up the archaeological cause.
So do comments matter? I think they do, despite the fact that the deck appears to be obviously stacked against anyone not associated with the archaeological community.
At a minimum, public comments do show the State Department bureaucracy that real people do care about this issue, and hence perhaps do some good in moderating outcomes.
Sunday, March 28, 2010
Voice of Greece on Cyprus Coin Lawsuit
I recently became aware of this story on a website called "Voice of Greece." See http://www.voiceofgreece.gr/news-in-english/state-department-sued-over-cypriot-coins.htm
The report states:
25.2.2010
State Department sued over Cypriot coins
Σύνταξη/επιμέλεια από τον/την Θεόφιλος Δουμάνης
Washington – Cyprus may frequently complain about the US’s negative stance concerning the Cyprus dispute, but judging from the lawsuit filed against the State Department by the American organisation, Collectors of Ancient Coins Association, the opposite is true. They maintain that the State Department’s decision to extend restrictions on the import of ancient coins from Cyprus serves political expediencies and was influenced by the Cypriot government and its services, the Cypriot lobby in the United States and major Cypriot organisations like the Bank of Cyprus.
So, last week they sued the State Department, calling for the abolition of restrictions on coins from Cyprus and China, also demanding the return of 23 coins (seven of them Cypriot) which were confiscated last year by American authorities.
Comment: The State Department has been accused in the past of using import restrictions as a quid pro quo for other issues. In this particular case, it appears that former Undersecretary of State Nicholas Burns could not give Greek and Greek Cypriots advocacy groups what they really want-- unqualified support for their position on the divided Island. On the other hand, Burns could easily dictate that the these groups receive import restrictions on ancient Cypriot coins, no matter what procedures had to be broken in the process.
State would have likely viewed import restrictions as a "no cost" concession at the time. Moreover, import restrictions on coins would certainly garner applause from an important stakeholder as far as the Bureau of Educational and Cultural Affairs is concerned--namely the archaeological community. Certainly, State does not have to enforce such unpopular restrictions-- U.S. Customs does. Nor do State or archaeologists have to live by them -- collectors and the small businesses of the numismatic trade do. So, from a State perspective, why not?
As it turns out, however, State's actions have only prompted a lawsuit. Of course, the real cost of that lawsuit to State is yet to be seen. But, at least State Department decision makers can no longer assume import restrictions are a "no cost" concession. Hence, at a minimum, there should be less of an incentive to violate the law just to throw a bone to foreign interests State cannot really please anyway.
The report states:
25.2.2010
State Department sued over Cypriot coins
Σύνταξη/επιμέλεια από τον/την Θεόφιλος Δουμάνης
Washington – Cyprus may frequently complain about the US’s negative stance concerning the Cyprus dispute, but judging from the lawsuit filed against the State Department by the American organisation, Collectors of Ancient Coins Association, the opposite is true. They maintain that the State Department’s decision to extend restrictions on the import of ancient coins from Cyprus serves political expediencies and was influenced by the Cypriot government and its services, the Cypriot lobby in the United States and major Cypriot organisations like the Bank of Cyprus.
So, last week they sued the State Department, calling for the abolition of restrictions on coins from Cyprus and China, also demanding the return of 23 coins (seven of them Cypriot) which were confiscated last year by American authorities.
Comment: The State Department has been accused in the past of using import restrictions as a quid pro quo for other issues. In this particular case, it appears that former Undersecretary of State Nicholas Burns could not give Greek and Greek Cypriots advocacy groups what they really want-- unqualified support for their position on the divided Island. On the other hand, Burns could easily dictate that the these groups receive import restrictions on ancient Cypriot coins, no matter what procedures had to be broken in the process.
State would have likely viewed import restrictions as a "no cost" concession at the time. Moreover, import restrictions on coins would certainly garner applause from an important stakeholder as far as the Bureau of Educational and Cultural Affairs is concerned--namely the archaeological community. Certainly, State does not have to enforce such unpopular restrictions-- U.S. Customs does. Nor do State or archaeologists have to live by them -- collectors and the small businesses of the numismatic trade do. So, from a State perspective, why not?
As it turns out, however, State's actions have only prompted a lawsuit. Of course, the real cost of that lawsuit to State is yet to be seen. But, at least State Department decision makers can no longer assume import restrictions are a "no cost" concession. Hence, at a minimum, there should be less of an incentive to violate the law just to throw a bone to foreign interests State cannot really please anyway.
Tuesday, February 16, 2010
Ancient Coin Collectors Seek Judicial Review of Controversial Decisions to Bar Coin Imports
The Ancient Coin Collectors Guild has issued the following press release about this case my firm filed on the ACCG's behalf. See http://www.prnewswire.com/news-releases/ancient-coin-collectors-seek-judicial-review-of-controversial-decisions-to-bar-coin-imports-84491507.html
The case seeks to test the validity of import restrictions on coins of Cypriot and Chinese type. The Defendants include US Customs and the US State Department. The Commissioner of Customs and the Assistant Secretary of State, Bureau of Educational and Cultural Affairs were also named as Defendants as a matter of administrative procedure.
In the Complaint, the ACCG asks the Court: (a) to declare that the decision to impose import restrictions on ancient coins of Cypriot type is arbitrary and capricious because, pursuant to applicable law, State failed to disclose to Congress a rational basis for the reason, or reasons, behind State’s decision to reject the advice of its own advisory committee and also in departing from prior agency practice; (b) to declare that the decisions to impose import restrictions on ancient coins of both Cypriot and Chinese type are also arbitrary and capricious because they are both contrary to law and the product of bias, prejudgment and ex parte contact; and (c) to declare that under the applicable statutes Customs must prove that the Cypriot or Chinese coins at issue were illicitly removed from Cypriot or Chinese find spots before they may be forfeited.
The Complaint also asks the coins ACCG imported for purposes of the test case be released due to Customs' unreasonable delays in filing a forfeiture action.
Jason Ehrenberg is attorney of record in the case. I plan to file a motion for pro hac vice admission to be granted the opportunity to assist in litigating the case as well.
The case seeks to test the validity of import restrictions on coins of Cypriot and Chinese type. The Defendants include US Customs and the US State Department. The Commissioner of Customs and the Assistant Secretary of State, Bureau of Educational and Cultural Affairs were also named as Defendants as a matter of administrative procedure.
In the Complaint, the ACCG asks the Court: (a) to declare that the decision to impose import restrictions on ancient coins of Cypriot type is arbitrary and capricious because, pursuant to applicable law, State failed to disclose to Congress a rational basis for the reason, or reasons, behind State’s decision to reject the advice of its own advisory committee and also in departing from prior agency practice; (b) to declare that the decisions to impose import restrictions on ancient coins of both Cypriot and Chinese type are also arbitrary and capricious because they are both contrary to law and the product of bias, prejudgment and ex parte contact; and (c) to declare that under the applicable statutes Customs must prove that the Cypriot or Chinese coins at issue were illicitly removed from Cypriot or Chinese find spots before they may be forfeited.
The Complaint also asks the coins ACCG imported for purposes of the test case be released due to Customs' unreasonable delays in filing a forfeiture action.
Jason Ehrenberg is attorney of record in the case. I plan to file a motion for pro hac vice admission to be granted the opportunity to assist in litigating the case as well.
Saturday, February 6, 2010
Nicholas Burns, "the Philhellene," to Return to the State Department?
Foreign Policy Magazine reports that former Undersecretary of State, Nicholas Burns, is on a short list to become the No. 2 person at the State Department, should the current office-holder leave State to become Dean of Georgetown University's Foreign Service School. See http://thecable.foreignpolicy.com/posts/2010/02/04/exclusive_is_state_dept_2_steinberg_on_his_way_out
If Burns is ultimately nominated for the job, he will likely be asked about his prior support for the failed policy of engagement with Iran during his confirmation hearings. See http://belfercenter.ksg.harvard.edu/publication/18139/burns_calls_for_more_us_engagement_with_iran.htm
Just maybe though, an inquiring Senator might also want to ask Burns about any part he played in throwing American small businesses and ancient coin collectors "under the bus" after receiving an award from Greek and Greek Cypriot interest groups. See http://culturalpropertyobserver.blogspot.com/2008/08/nicholas-burns-philhellene-cultural.html
Some might dismiss all this as but a "minor issue." But doesn't the way a public official handles such "minor issues" potentially speak volumes about how they might handle the "larger issues" of the day?
If Burns is ultimately nominated for the job, he will likely be asked about his prior support for the failed policy of engagement with Iran during his confirmation hearings. See http://belfercenter.ksg.harvard.edu/publication/18139/burns_calls_for_more_us_engagement_with_iran.htm
Just maybe though, an inquiring Senator might also want to ask Burns about any part he played in throwing American small businesses and ancient coin collectors "under the bus" after receiving an award from Greek and Greek Cypriot interest groups. See http://culturalpropertyobserver.blogspot.com/2008/08/nicholas-burns-philhellene-cultural.html
Some might dismiss all this as but a "minor issue." But doesn't the way a public official handles such "minor issues" potentially speak volumes about how they might handle the "larger issues" of the day?
Wednesday, January 20, 2010
People Are Angry...
Hell has frozen over in Massachusetts. In the bluest of blue states, the electorate has turned the "Kennedy Seat" over to the Republicans.
On the Today Show, Senator Elect Scott Brown recognized that public dissatisfaction with Washington's ways made his surprise win possible.
He stated, "[P]eople are angry. They’re tired of the back room deals. They want transparency, they want good government, they want fairness and they want people to start working to solve their problems.”
See http://thecaucus.blogs.nytimes.com/2010/01/20/brown-people-are-angry/
Come to think of it, that is all ancient coin collectors want too.
They are angry at the bureaucrats in the State Department. They are tired of back room deals like that apparently involving former Undersecretary of State Nicholas Burns. See http://culturalpropertyobserver.blogspot.com/2008/08/nicholas-burns-philhellene-cultural.html They want transparency. See http://culturalpropertyobserver.blogspot.com/search/label/transparency They want fairness. See http://culturalpropertyobserver.blogspot.com/2010/01/another-perspective-on-cpac-and-interim.html They want common sense solutions to cultural property issues that encourage cooperation not conflict. See http://culturalpropertyobserver.blogspot.com/2009/09/massive-anglo-saxon-hoard-reported.html
Hopefully, Judith McHale, Undersecretary for the State Department Bureau of Public Diplomacy and Public Affairs, and Judith Ann Stewart Stock, nominee to be Assistant Secretary of State for the Bureau of Educational and Cultural Affairs, will take some notice.
On the Today Show, Senator Elect Scott Brown recognized that public dissatisfaction with Washington's ways made his surprise win possible.
He stated, "[P]eople are angry. They’re tired of the back room deals. They want transparency, they want good government, they want fairness and they want people to start working to solve their problems.”
See http://thecaucus.blogs.nytimes.com/2010/01/20/brown-people-are-angry/
Come to think of it, that is all ancient coin collectors want too.
They are angry at the bureaucrats in the State Department. They are tired of back room deals like that apparently involving former Undersecretary of State Nicholas Burns. See http://culturalpropertyobserver.blogspot.com/2008/08/nicholas-burns-philhellene-cultural.html They want transparency. See http://culturalpropertyobserver.blogspot.com/search/label/transparency They want fairness. See http://culturalpropertyobserver.blogspot.com/2010/01/another-perspective-on-cpac-and-interim.html They want common sense solutions to cultural property issues that encourage cooperation not conflict. See http://culturalpropertyobserver.blogspot.com/2009/09/massive-anglo-saxon-hoard-reported.html
Hopefully, Judith McHale, Undersecretary for the State Department Bureau of Public Diplomacy and Public Affairs, and Judith Ann Stewart Stock, nominee to be Assistant Secretary of State for the Bureau of Educational and Cultural Affairs, will take some notice.
Tuesday, January 5, 2010
Numismatic Groups Appeal FOIA Decision
The ACCG, IAPN and PNG have appealed Judge Leon's FOIA ruling in an effort to continue to press their quest for greater transparency and accountability in the State Department Bureau of Educational and Cultural Affairs' processes for imposing import restrictions on cultural goods. See http://www.prnewswire.com/news-releases/collectors-to-appeal-judges-decision-condoning-state-department-secrecy-80717897.html
The ACCG press release notes that a wide gulf exists between the Obama Administration's rhetoric about "open government" and how the Obama State Department has defended and continued the secretive processes of the Bush State Department. A cynic might also wonder the extent to which a desire to protect the reputation of former Undersecretary of State and Obama supporter Nicholas Burns has entered the mix. See http://culturalpropertyobserver.blogspot.com/2008/08/nicholas-burns-philhellene-cultural.html and http://www.newsweek.com/id/165650
For more about Judge Leon's ruling, see http://culturalpropertyobserver.blogspot.com/2009/11/so-much-for-transparency-and.html
The ACCG press release notes that a wide gulf exists between the Obama Administration's rhetoric about "open government" and how the Obama State Department has defended and continued the secretive processes of the Bush State Department. A cynic might also wonder the extent to which a desire to protect the reputation of former Undersecretary of State and Obama supporter Nicholas Burns has entered the mix. See http://culturalpropertyobserver.blogspot.com/2008/08/nicholas-burns-philhellene-cultural.html and http://www.newsweek.com/id/165650
For more about Judge Leon's ruling, see http://culturalpropertyobserver.blogspot.com/2009/11/so-much-for-transparency-and.html
Friday, November 27, 2009
Gill Press Release Betrays a Fundamental Misunderstanding of Impact of FOIA Decision
Archaeologist David Gill's latest PRNewswire press release betrays a fundamental misunderstanding of the impact of Judge Leon's recent FOIA decision. See Looting Matters: Coin Dealers and Collectors Lose Case Against the US State.
That decision solely relates to whether the State Department's Bureau of Educational and Cultural Affairs properly withheld the limited number of remaining documents at issue before the Judge under the provisions of the Freedom of Information Act. See http://culturalpropertyobserver.blogspot.com/2009/11/so-much-for-transparency-and.html As Judge Leon himself notes, the State Department already released numerous documents, though it took a lawsuit to force the State Department to process Plaintiffs' requests.
In fact, the Ancient Coin Collectors Guild hopes to ascertain the actual merits of the decision to impose import restrictions on ancient coins of Cypriot type in a "test case" brewing before the US District Court in the District of Maryland. See http://culturalpropertyobserver.blogspot.com/2009/09/collectors-challenge-us-state.html
The issue in that case will be whether the import restrictions on coins of Cypriot type were promulgated properly under the provisions of the Convention on Cultural Property Implementation Act. See http://culturalpropertyobserver.blogspot.com/2008/07/short-recap-of-cultural-property.html
If anything, documents produced in the FOIA case have helped supply a good faith basis for the ACCG to assert that the decision to impose import restrictions on ancient coins of Cypriot type was made in an "arbitrary and capricious" fashion. See http://culturalpropertyobserver.blogspot.com/2008/08/nicholas-burns-philhellene-cultural.html
That decision solely relates to whether the State Department's Bureau of Educational and Cultural Affairs properly withheld the limited number of remaining documents at issue before the Judge under the provisions of the Freedom of Information Act. See http://culturalpropertyobserver.blogspot.com/2009/11/so-much-for-transparency-and.html As Judge Leon himself notes, the State Department already released numerous documents, though it took a lawsuit to force the State Department to process Plaintiffs' requests.
In fact, the Ancient Coin Collectors Guild hopes to ascertain the actual merits of the decision to impose import restrictions on ancient coins of Cypriot type in a "test case" brewing before the US District Court in the District of Maryland. See http://culturalpropertyobserver.blogspot.com/2009/09/collectors-challenge-us-state.html
The issue in that case will be whether the import restrictions on coins of Cypriot type were promulgated properly under the provisions of the Convention on Cultural Property Implementation Act. See http://culturalpropertyobserver.blogspot.com/2008/07/short-recap-of-cultural-property.html
If anything, documents produced in the FOIA case have helped supply a good faith basis for the ACCG to assert that the decision to impose import restrictions on ancient coins of Cypriot type was made in an "arbitrary and capricious" fashion. See http://culturalpropertyobserver.blogspot.com/2008/08/nicholas-burns-philhellene-cultural.html
Monday, May 11, 2009
ACCG Imports Restricted Coins for Test Case
The ACCG has imported unprovenanced coins of Cypriot and Chinese type for purposes of a test case. See: http://www.accg.us/issues/news/coin-collectors-to-challenge-state-department-on-import-restrictions
As I state in the ACCG press release, “Research and discovery to date in a separate ongoing Freedom of Information Act case strongly suggests that State Department bureaucrats acted improperly by adding coins to import restrictions on Chinese cultural goods without any formal request from PRC officials. Even more troubling, is their July 2007 decision to impose import restrictions on coins of Cypriot type, which appears to have been adopted contrary to the recommendations of CPAC.”
My firm will be pursuing this matter on behalf of the ACCG. See: http://www.becounsel.com/
In addition, the ACCG is also receiving legal advice and counsel from the well-known customs law firm of Serko, Simon, Gluck & Kane LLP for purposes of this litigation. See: http://www.customs-law.com/
The ACCG hopes that this Customs action will allow a Court to ultimately determine whether the Department of State's actions are arbitrary and capricious.
As I state in the ACCG press release, “Research and discovery to date in a separate ongoing Freedom of Information Act case strongly suggests that State Department bureaucrats acted improperly by adding coins to import restrictions on Chinese cultural goods without any formal request from PRC officials. Even more troubling, is their July 2007 decision to impose import restrictions on coins of Cypriot type, which appears to have been adopted contrary to the recommendations of CPAC.”
My firm will be pursuing this matter on behalf of the ACCG. See: http://www.becounsel.com/
In addition, the ACCG is also receiving legal advice and counsel from the well-known customs law firm of Serko, Simon, Gluck & Kane LLP for purposes of this litigation. See: http://www.customs-law.com/
The ACCG hopes that this Customs action will allow a Court to ultimately determine whether the Department of State's actions are arbitrary and capricious.
Wednesday, April 29, 2009
What's Wrong with ECA Transparency?
One would think that the AIA, the Cyprus American Archaeological Research Institute (CAARI), SAFE and its Bloggers Gill, Elkins and Barford would join the ACCG, IAPN, and PNG, several members of Congress, several former CPAC members and certain media outlets in pressing for greater ECA transparency when it comes to how the State Department handles requests for import restrictions on cultural artifacts. After all, as Mr. Kislak states in his declaration, if the State Department ECA worked in a more transparent manner, the quality of information provided to CPAC can only be improved. In addition, when a system is open and transparent, those who don't like a given result will be more likely to accept it. Thus, it would seem to be a "no brainer" that transparency would appear to be in every one's best interest.
Though critical of the ACCG-IAPN-PNG lawsuit, Bloggers Gill, Elkins and Barford have not yet really explained what is wrong with the State Department releasing detailed information about foreign requests for import restrictions and the CPAC reports themselves once a decision has been made. Certainly, in the past, the State Department has prepared at least one "public summary" of the Chinese request for import restrictions and has also released other CPAC reports, including one related to Italy. Doesn't that in itself raise questions about why the State Department first ignored the ACCG-IAPN-PNG FOIA requests (in some cases for years) and then has fought the release of similar information, particularly related to the Cypriot request?
Could it be that its release will just confirm that the controversial decision to change existing precedent with respect to coins was based on little more than blatant cronyism involving former Undersecretary of State Burns, Cultural Heritage Center ED Maria Kouroupas, CAARI, and other archaeological interests? See; http://culturalpropertyobserver.blogspot.com/2008/08/pseka-international-coordinating.html
Could such information being made public only raise deeper questions about the incestuous relationship between Cultural Heritage Center staff and advocates for the archaeological community, including an "advisor" for SAFE? See, e.g.: http://culturalpropertyobserver.blogspot.com/2008/05/cash-and-caari-cyprus-american.html and http://culturalpropertyobserver.blogspot.com/2008/05/john-russell-from-activist-to-regulator.html and http://www.savingantiquities.org/aboutusadvisors.php#635
Could fear that openness will "end the party" help explain the motives for SAFE associated Bloggers attacking the ACCG-IAPN-PNG effort to force ECA transparency through a FOIA lawsuit?
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Though critical of the ACCG-IAPN-PNG lawsuit, Bloggers Gill, Elkins and Barford have not yet really explained what is wrong with the State Department releasing detailed information about foreign requests for import restrictions and the CPAC reports themselves once a decision has been made. Certainly, in the past, the State Department has prepared at least one "public summary" of the Chinese request for import restrictions and has also released other CPAC reports, including one related to Italy. Doesn't that in itself raise questions about why the State Department first ignored the ACCG-IAPN-PNG FOIA requests (in some cases for years) and then has fought the release of similar information, particularly related to the Cypriot request?
Could it be that its release will just confirm that the controversial decision to change existing precedent with respect to coins was based on little more than blatant cronyism involving former Undersecretary of State Burns, Cultural Heritage Center ED Maria Kouroupas, CAARI, and other archaeological interests? See; http://culturalpropertyobserver.blogspot.com/2008/08/pseka-international-coordinating.html
Could such information being made public only raise deeper questions about the incestuous relationship between Cultural Heritage Center staff and advocates for the archaeological community, including an "advisor" for SAFE? See, e.g.: http://culturalpropertyobserver.blogspot.com/2008/05/cash-and-caari-cyprus-american.html and http://culturalpropertyobserver.blogspot.com/2008/05/john-russell-from-activist-to-regulator.html and http://www.savingantiquities.org/aboutusadvisors.php#635
Could fear that openness will "end the party" help explain the motives for SAFE associated Bloggers attacking the ACCG-IAPN-PNG effort to force ECA transparency through a FOIA lawsuit?
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Monday, April 27, 2009
ACCG, IAPN and PNG Press FOIA Claims
For an update of the ACCG-IAPN-PNG FOIA litigation against the State Department see:
http://www.accg.us/issues/news/accg-presses-claims-to-hidden-information
Significantly, immediate past CPAC Chairman, Jay Kislak, has submitted a supporting Declaration. See: http://www.accg.us/issues/news/Kislak%20Dec.pdf
That Declaration indicates that greater transparency is necessary to allow museums and members of the public to make informed presentations to CPAC. Mr. Kislak also supports the release of CPAC's recommendations concerning Cypriot coins. He states release of this material should clarify official State Department documentation that falsely suggests that CPAC agreed with the controversial decision to impose import restrictions on coins of Cypriot type.
The numismatic groups have also contested the State Department’s search for responsive records to or from Maria Kouroupas, the Executive Director of the State Department’s Cultural Heritage Center, and to or from former Undersecretary of State for Political Affairs, Nicholas Burns. Both Kouroupas and Burns are believed to have played important roles in changing then existing precedent exempting coins from import restrictions.
The Court is expected to decide within the next six (6) months whether the State Department is entitled to withhold the remaining information at issue.
http://www.accg.us/issues/news/accg-presses-claims-to-hidden-information
Significantly, immediate past CPAC Chairman, Jay Kislak, has submitted a supporting Declaration. See: http://www.accg.us/issues/news/Kislak%20Dec.pdf
That Declaration indicates that greater transparency is necessary to allow museums and members of the public to make informed presentations to CPAC. Mr. Kislak also supports the release of CPAC's recommendations concerning Cypriot coins. He states release of this material should clarify official State Department documentation that falsely suggests that CPAC agreed with the controversial decision to impose import restrictions on coins of Cypriot type.
The numismatic groups have also contested the State Department’s search for responsive records to or from Maria Kouroupas, the Executive Director of the State Department’s Cultural Heritage Center, and to or from former Undersecretary of State for Political Affairs, Nicholas Burns. Both Kouroupas and Burns are believed to have played important roles in changing then existing precedent exempting coins from import restrictions.
The Court is expected to decide within the next six (6) months whether the State Department is entitled to withhold the remaining information at issue.
Saturday, January 24, 2009
Will Presidential Transparency Push Finally Shine Light on Controversial Decision to Impose Import Restrictions on Coins of Cypriot Type?
The Obama Administration has taken steps to provide the public with more information in response to FOIA requests. See: http://www.mcclatchydc.com/254/story/60661.html.
The above McClatchy report quotes Scott Hodes, the attorney representing the ACCG, IAPN and PNG in their FOIA lawsuit against the State Department's Bureau of Educational and Cultural Affairs (ECA) and its Cultural Heritage Center. That lawsuit primarily seeks information about the controversial decision to impose import restrictions on coins of Cypriot type.
Mr. Hodes has detailed information about the Obama Administration's presidential memorandum on his own blog. See: http://www.thefoiablog.typepad.com/
Hopefully, the ECA will take a cue from President Obama's memorandum and now release in unredacted form many of the documents that have to date been withheld in whole or in part in response to the ACCG-IAPN-PNG FOIA lawsuit. What has been released so far raises more questions than answers about the ECA's decision making process and how it has been shaped by behind the scenes coordination with advocates for the archaeological community and Greek Cypriot interests groups. Hopefully, the Obama memorandum will force the State Department to shine some light on what appears to be a rather shabby process that has reeked of cronyism.
The above McClatchy report quotes Scott Hodes, the attorney representing the ACCG, IAPN and PNG in their FOIA lawsuit against the State Department's Bureau of Educational and Cultural Affairs (ECA) and its Cultural Heritage Center. That lawsuit primarily seeks information about the controversial decision to impose import restrictions on coins of Cypriot type.
Mr. Hodes has detailed information about the Obama Administration's presidential memorandum on his own blog. See: http://www.thefoiablog.typepad.com/
Hopefully, the ECA will take a cue from President Obama's memorandum and now release in unredacted form many of the documents that have to date been withheld in whole or in part in response to the ACCG-IAPN-PNG FOIA lawsuit. What has been released so far raises more questions than answers about the ECA's decision making process and how it has been shaped by behind the scenes coordination with advocates for the archaeological community and Greek Cypriot interests groups. Hopefully, the Obama memorandum will force the State Department to shine some light on what appears to be a rather shabby process that has reeked of cronyism.
Thursday, January 22, 2009
Obama Ministry of Culture?
The "Culture Grrl" Blog has an interesting story about a proposal for a US Ministry of Culture. See: http://www.artsjournal.com/culturegrrl/2009/01/in_defense_of_disorderly_cultu.html Culture Grrl obviously does not like the idea. Others do. See: http://www.nytimes.com/2008/12/27/opinion/27ferris.html
I suspect this idea is not a high priority for the new President. However, if the idea ever gains serious traction, I wonder if a US Department of Culture would take on at at least some of the responsibilities of the State Department's Bureau of Educational and Cultural Affairs (ECA). The State Department has been criticised in the past for using import restrictions as bone to throw to other countries (which, of course, is not provided for or contemplated by the governing statute, the CPIA). Thus, Canada allegedly received (now lapsed) import restrictions to help assuage anger over Canadian companies being targeted under the Helms-Burton Act. Italy was allegedly awarded import restrictions as an expression of sorrow after a Marine Corps jet negligently caused the deaths of some skiers riding in a gondola that had its cable cut in a freak accident. And, of course, Cyprus received a then unprecedented extension of import restrictions to include ancient coins of Cypriot type after the small, island nation agreed to temporarily host American refugees fleeing fighting in Lebanon. It also probably did not hurt that Cypriot advocacy groups awarded then Undersecretary of State Burns with the "Livanos Award" only days before the decision was made by Burns' subordinate, Assistant Secretary of State for the Bureau of Educational and Cultural Affairs, Dina Powell. See: http://culturalpropertyobserver.blogspot.com/2008/08/nicholas-burns-philhellene-cultural.html
If a US Department of Culture ultimately takes over the responsibilities of ECA, the diplomatic reasons for offering import restrictions as a quid pro quo will likely change to ones more closely related to cultural issues. However, unless the provisions of the CPIA are honored in anything other than their flagrant breach, the same ultimate concerns with fidelity to the statutory mandate will persist.
I suspect this idea is not a high priority for the new President. However, if the idea ever gains serious traction, I wonder if a US Department of Culture would take on at at least some of the responsibilities of the State Department's Bureau of Educational and Cultural Affairs (ECA). The State Department has been criticised in the past for using import restrictions as bone to throw to other countries (which, of course, is not provided for or contemplated by the governing statute, the CPIA). Thus, Canada allegedly received (now lapsed) import restrictions to help assuage anger over Canadian companies being targeted under the Helms-Burton Act. Italy was allegedly awarded import restrictions as an expression of sorrow after a Marine Corps jet negligently caused the deaths of some skiers riding in a gondola that had its cable cut in a freak accident. And, of course, Cyprus received a then unprecedented extension of import restrictions to include ancient coins of Cypriot type after the small, island nation agreed to temporarily host American refugees fleeing fighting in Lebanon. It also probably did not hurt that Cypriot advocacy groups awarded then Undersecretary of State Burns with the "Livanos Award" only days before the decision was made by Burns' subordinate, Assistant Secretary of State for the Bureau of Educational and Cultural Affairs, Dina Powell. See: http://culturalpropertyobserver.blogspot.com/2008/08/nicholas-burns-philhellene-cultural.html
If a US Department of Culture ultimately takes over the responsibilities of ECA, the diplomatic reasons for offering import restrictions as a quid pro quo will likely change to ones more closely related to cultural issues. However, unless the provisions of the CPIA are honored in anything other than their flagrant breach, the same ultimate concerns with fidelity to the statutory mandate will persist.
Thursday, December 11, 2008
Nicholas Burns on Troubles in Greece
Nicholas Burns, former Undersecretary of State and Ambassador to Greece, was recently interviewed about the riots in Greece. For more, see: http://www.pbs.org/newshour/bb/europe/july-dec08/greekriots_12-10.html
Like other commentators, Burns has attributed the rioting to mounting frustration about a lot of things, including corruption:
And I think what it means is that there's a tremendous deal of frustration, obviously, with the unemployment situation, with the world financial crisis. Also, there have been allegations against the government of corruption. All of this has tended to roil the young students and some of the anarchist movement that have been very prominent in Greek politics over many decades.
Let's face it. Corruption in Greece extends to pretty much everything, including the country's policy on cultural artifacts. For instance, Greece has laws that criminalize collecting ancient artifacts, unless, of course, you happen to be connected enough to be recognized as a "registered collector."
Such "two tiered" systems are a recipe for abuse. Such a system also exists in the Republic of Cyprus, a nation closely aligned with Greece proper. And, indeed, perhaps not coincidentally, members of the numismatic community strongly suspect that the same type of cronyism that infects Greece and Cyprus may have also infected our own State Department's decision to extend import restrictions to coins of Cypriot type. Certainly as described previously on this blog , Undersecretary Burns' decision to accept the "Livanos" Award from Greek Cypriot lobbing groups shortly before the decision was made to impose import restrictions on coins of Cypriot type suggests as much. See: http://culturalpropertyobserver.blogspot.com/2008/08/pseka-international-coordinating.html
Like other commentators, Burns has attributed the rioting to mounting frustration about a lot of things, including corruption:
And I think what it means is that there's a tremendous deal of frustration, obviously, with the unemployment situation, with the world financial crisis. Also, there have been allegations against the government of corruption. All of this has tended to roil the young students and some of the anarchist movement that have been very prominent in Greek politics over many decades.
Let's face it. Corruption in Greece extends to pretty much everything, including the country's policy on cultural artifacts. For instance, Greece has laws that criminalize collecting ancient artifacts, unless, of course, you happen to be connected enough to be recognized as a "registered collector."
Such "two tiered" systems are a recipe for abuse. Such a system also exists in the Republic of Cyprus, a nation closely aligned with Greece proper. And, indeed, perhaps not coincidentally, members of the numismatic community strongly suspect that the same type of cronyism that infects Greece and Cyprus may have also infected our own State Department's decision to extend import restrictions to coins of Cypriot type. Certainly as described previously on this blog , Undersecretary Burns' decision to accept the "Livanos" Award from Greek Cypriot lobbing groups shortly before the decision was made to impose import restrictions on coins of Cypriot type suggests as much. See: http://culturalpropertyobserver.blogspot.com/2008/08/pseka-international-coordinating.html
Wednesday, November 5, 2008
Cultural Property Issues and the Election
One archaeologist/blogger associated with Savings Antiquities for Everyone ("SAFE") has already heralded Barack Obama on his historic win and with it the prospect that Prof. Patty Gerstenblith, a well known activist for the archaeological community, is now in a position to impact US policy: http://lootingmatters.blogspot.com/2008/11/congratulations-to-barack-obama.html
Not so fast. It is still probably much too early to draw too many conclusions on this point. The new administration will have much on its plate when it takes control of the government in January. One would think there might be higher priorities than the preservation of archaeological context in other countries through the use of import controls and/or criminal sanctions. In addition, wealthy collectors have also provided support for Obama. One would also suspect they would act as counterweights to the "archaeology over all" perspective of Professor Gerstenlith, SAFE and others.
In any event, hasn't Obama himself spoken eloquently about government accountability, transparency and ethics? See generally: http://blog.johnjosephbachir.org/2008/02/07/obama-speaking-on-government-accountability-transparency-and-ethics/ and http://www.barackobama.com/issues/ethics/
Isn't application of these principles to the State Department and CPAC what groups like the AAMD and ACCG (but curiously not SAFE) have demanded?
In other news, there has been at least some speculation that former Undersecretary of State Nicholas Burns may be seeking a new position in the Obama Administration. (Burns authored an article critical of the McCain-Palin ticket shortly before the election: See: http://www.newsweek.com/id/165650/page/1.) If so, hopefully the Obama Administration or the Senate will apply these very same principles and query former Undersecretary Burns about the exact circumstances behind the controversial decision to impose import restrictions on coins of Cypriot type. While some might spin this as an "insignificant matter," how the decision was actually made potentially could speak volumes about Burns' approach to decision making.
Finally, Republican Phil English (Pa-3rd) has lost his bid to seek reelection. See: http://www.thepittsburghchannel.com/politics/17897006/detail.html?rss=pit&psp=news Congressman English is best known in the cultural property field for his support for legislation to impose import restrictions on cultural artifacts of Iraqi and Afghan origin. When the Republicans controlled the House, Congressman English was the AIA's "go to" legislator for such efforts. Presumably, the AIA and other advocacy groups have been grooming other Democratic legislators for such a role.
Not so fast. It is still probably much too early to draw too many conclusions on this point. The new administration will have much on its plate when it takes control of the government in January. One would think there might be higher priorities than the preservation of archaeological context in other countries through the use of import controls and/or criminal sanctions. In addition, wealthy collectors have also provided support for Obama. One would also suspect they would act as counterweights to the "archaeology over all" perspective of Professor Gerstenlith, SAFE and others.
In any event, hasn't Obama himself spoken eloquently about government accountability, transparency and ethics? See generally: http://blog.johnjosephbachir.org/2008/02/07/obama-speaking-on-government-accountability-transparency-and-ethics/ and http://www.barackobama.com/issues/ethics/
Isn't application of these principles to the State Department and CPAC what groups like the AAMD and ACCG (but curiously not SAFE) have demanded?
In other news, there has been at least some speculation that former Undersecretary of State Nicholas Burns may be seeking a new position in the Obama Administration. (Burns authored an article critical of the McCain-Palin ticket shortly before the election: See: http://www.newsweek.com/id/165650/page/1.) If so, hopefully the Obama Administration or the Senate will apply these very same principles and query former Undersecretary Burns about the exact circumstances behind the controversial decision to impose import restrictions on coins of Cypriot type. While some might spin this as an "insignificant matter," how the decision was actually made potentially could speak volumes about Burns' approach to decision making.
Finally, Republican Phil English (Pa-3rd) has lost his bid to seek reelection. See: http://www.thepittsburghchannel.com/politics/17897006/detail.html?rss=pit&psp=news Congressman English is best known in the cultural property field for his support for legislation to impose import restrictions on cultural artifacts of Iraqi and Afghan origin. When the Republicans controlled the House, Congressman English was the AIA's "go to" legislator for such efforts. Presumably, the AIA and other advocacy groups have been grooming other Democratic legislators for such a role.
Friday, September 5, 2008
Nicholas Burns Appointed to Kennedy School Post
Nicholas Burns, an apparent "author" of the controversial decision to impose import restrictions on coins of Cypriot type, has been appointed to the Harvard Kennedy School Faculty. See: http://belfercenter.ksg.harvard.edu/publication/18491/former_us_diplomat_r_nicholas_burns_appointed_to_harvard_kennedy_school_faculty.htm
Hopefully, one of his students will ask more about the decision. Even better, perhaps someone will do a paper on whether or not the decision was made in conformity with the dictates of the Convention on Cultural Property Implementation Act. For more, see: http://culturalpropertyobserver.blogspot.com/search?q=Burns and http://culturalpropertyobserver.blogspot.com/search?q=CAARI and http://culturalpropertyobserver.blogspot.com/2008/07/short-recap-of-cultural-property.html
Hopefully, one of his students will ask more about the decision. Even better, perhaps someone will do a paper on whether or not the decision was made in conformity with the dictates of the Convention on Cultural Property Implementation Act. For more, see: http://culturalpropertyobserver.blogspot.com/search?q=Burns and http://culturalpropertyobserver.blogspot.com/search?q=CAARI and http://culturalpropertyobserver.blogspot.com/2008/07/short-recap-of-cultural-property.html
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