I recently noted,
Archaeologists often claim that collecting is the driving force behind looting. I would instead suggest that looting is far more likely to be a byproduct of development. When roads or dams are built, unofficial "salvage archaeology' often takes place, which in fact may save some of the artifacts (if not their context) from destruction.
See http://culturalpropertyobserver.blogspot.com/2009/12/china-loses-thousands-of-historic-sites.html
Now, a noted Israeli archaeologist has now also stated that
The truth is, with the possible exception of Iraq, ... most damage and destruction of antiquities has been caused by development in all countries, under their governments' auspices.
See http://groups.yahoo.com/group/ANE-2/message/11951
Instead of blaming collectors-- who share their desire to preserve, study and display artifacts from the past-- archaeological groups should acknowledge that development has led to the loss of archaeological context and the appearance of fresh artifacts in the trade. Once this fact is acknowledged, archaeologists should then change their focus to working with finders and source governments to ensure that such artifacts are at least properly recorded. The current operating assumption that what is deemed to be looting relates to criminal activity has only driven this activity underground.
Saturday, January 16, 2010
Friday, January 15, 2010
Looting, Police Work and the Italian MOU
The New York Times has reported looting is on the decline in Italy due to the Carabinieri's police work. See http://www.nytimes.com/aponline/2010/01/14/world/AP-EU-Italy-Looted-Antiquities.html?_r=2 (noting that "the number of illegal archaeological excavations discovered in 2009 decreased dramatically, from 238 in 2008 to just 58 in 2009.").
Import restrictions on ancient artifacts from Italy (excluding coins) have been in place since 2001. Such restrictions (and their shifting of the burden of proof onto collectors, museums and dealers importing cultural goods) are meant to be a temporary measure to give the source country in question time to gain control of its looting problem.
With Italy's successes, one wonders why we are even talking about extending import restrictions under the Italian MOU. Hasn't the time come to again allow Americans to enjoy imported ancient artifacts from Italy ("documented" or not)-- just as fellow collectors do in the EU?
Import restrictions on ancient artifacts from Italy (excluding coins) have been in place since 2001. Such restrictions (and their shifting of the burden of proof onto collectors, museums and dealers importing cultural goods) are meant to be a temporary measure to give the source country in question time to gain control of its looting problem.
With Italy's successes, one wonders why we are even talking about extending import restrictions under the Italian MOU. Hasn't the time come to again allow Americans to enjoy imported ancient artifacts from Italy ("documented" or not)-- just as fellow collectors do in the EU?
Thursday, January 14, 2010
Haitian Earthquake Kills Thousands and Devastates Island's Cultural Heritage
The news from Haiti is grim. The poorest of the poor have suffered greatly in an earthquake that is reported to have killed as many as 50,000 people. The world's attention is rightly focused on the human cost of the tragedy and how to help the survivors. At some point, however, cultural preservationists will take stock of the destruction of Haiti's Presidential Palace, its Parliament, its Cathedral and hundreds of other cultural sites.
I particularly wonder about the fate of Haiti's magnificent early 19th c. Fortifications. See http://en.wikipedia.org/wiki/Citadelle_Laferri%C3%A8re The Citadelle Laferrière or, Citadelle Henri Christophe, located in the northern part of the country, was built to hold off the French, who never came as anticipated. It has already withstood a number of earthquakes. Time will tell it it has also withstood this terrible quake that has taken the lives of so many Haitians and has certainly also damaged much of the country's cultural heritage.
I particularly wonder about the fate of Haiti's magnificent early 19th c. Fortifications. See http://en.wikipedia.org/wiki/Citadelle_Laferri%C3%A8re The Citadelle Laferrière or, Citadelle Henri Christophe, located in the northern part of the country, was built to hold off the French, who never came as anticipated. It has already withstood a number of earthquakes. Time will tell it it has also withstood this terrible quake that has taken the lives of so many Haitians and has certainly also damaged much of the country's cultural heritage.
Tuesday, January 12, 2010
Another Perspective on CPAC and the Interim Review of the Italian MOU
Kerry Wetterstom, the publisher of the Celator, a journal devoted to Ancient and Medieval coins, has written about his experiences at the recent CPAC meeting to address the interim review of the Italian MOU. In the "Editor's note" in the January 2010 issue, he states:
On the morning of November 13th, I had the opportunity to attend and give an oral statement at the Cultural Property Advisory Committee (CPAC) hearing for the Memorandum of Understanding (MOU) with Italy. This hearing was conducted at the Department of State, Annex Building, in Washington, DC. The MOU with Italy is up for renewal in 2010, and this hearing was one of the preliminary steps in the process, an “interim review” as it has been deemed by the U.S. State Department.
This was the first such hearing that I have attended, and it was an interesting, albeit a bit frustrating, experience. I came away from this hearing with the strong belief that the odds are against the ancient coin collecting community in receiving a “fair shake” from the U.S. Department of State, specifically its Cultural Heritage Center office, at these CPAC hearings.
The three speakers representing collectors and dealers were invited to speak first, each speaker was limited to five minutes, and we were informed that this would be strictly enforced. William Pearlstein, an attorney that represents certain New York City antiquities dealers, spoke first, and was dutifully cutoff at 5 minutes. Peter K. Tompa, representing the Professional Numismatists Guild (PNG) and the International Association of Professional Numismatists (IAPN), was next, and he did an excellent job of both summarizing his position paper, and casually passing around to the CPAC members a late Roman bronze of Licinius I, vetted through the British Portable Antiquities Scheme, and then legally imported into the U.S.
Next up was yours truly (representing the Ancient Coin Collectors Guild), and though I entered the hearing with a bit of trepidation, the hearing’s casual atmosphere had a calming effect on my nerves. Unfortunately, I was not allowed to finish reading the two-page statement that I had prepared, and after answering a couple of questions from the committee, I walked back to my seat thinking that this was the fastest five minutes I had ever experienced. Later, several people commented to me that they believed I had been cutoff before the end of my allotted time.
As the morning progressed, the members of CPAC heard statements from four speakers representing the Association of Art Museum Directors (AAMD), four speakers that spoke on behalf of the archaeological community, and finally, Dr. Stefano De Caro, from the Italian Ministry of Culture, gave a long, perhaps 30 minutes, presentation on behalf of the Italian government. (At this point, it was obvious that the five-minute rule had been abandoned, at least for those that spoke in favor of import restrictions.)
Finally, although the Public Notice for this CPAC hearing specifically stated that “oral comments must be limited to Article II of this MOU” with Italy, which deals with the implementation and obligations of the Italian government in respect to the current MOU, speakers from the archaeological community were allowed to lobby for the inclusion of ancient coins, presently exempted, in the renewal of the MOU with Italy.
Based on this experience, I now know that the best option that the ancient coin collecting community has for a “fair hearing,” where we won’t be limited to five minutes or less, is through the court system. This is the option that ACCG is currently pursuing, the option that we have conducted two successful benefit auctions for so as to raise much needed legal funds, and unless there is a dramatic “shake-up” at the U.S. State Department’s Cultural Heritage Center office, it is the only viable option that is available to us in the foreseeable future.
Comment: Maria Kouroupas, CPAC's executive director, kept time and dictated when the allowed 5 minutes had elapsed. In my opinion, it is wrong to invite citizens to travel at the cost of significant time and some expense to Washington, D.C. to speak for such a short time and then rudely cut them off--- particularly when the "5 minute rule" is not applied equally.
In any event, the State Department Bureau of Educational and Cultural Affair's Cultural Heritage Center is already widely perceived in the collecting community as completely biased in favor of archaeologists and repatriation hungry foreign governments. Experiences like those of Kerry Wetterstrom can only confirm that perception in the eyes of many "cultural property observers."
On the morning of November 13th, I had the opportunity to attend and give an oral statement at the Cultural Property Advisory Committee (CPAC) hearing for the Memorandum of Understanding (MOU) with Italy. This hearing was conducted at the Department of State, Annex Building, in Washington, DC. The MOU with Italy is up for renewal in 2010, and this hearing was one of the preliminary steps in the process, an “interim review” as it has been deemed by the U.S. State Department.
This was the first such hearing that I have attended, and it was an interesting, albeit a bit frustrating, experience. I came away from this hearing with the strong belief that the odds are against the ancient coin collecting community in receiving a “fair shake” from the U.S. Department of State, specifically its Cultural Heritage Center office, at these CPAC hearings.
The three speakers representing collectors and dealers were invited to speak first, each speaker was limited to five minutes, and we were informed that this would be strictly enforced. William Pearlstein, an attorney that represents certain New York City antiquities dealers, spoke first, and was dutifully cutoff at 5 minutes. Peter K. Tompa, representing the Professional Numismatists Guild (PNG) and the International Association of Professional Numismatists (IAPN), was next, and he did an excellent job of both summarizing his position paper, and casually passing around to the CPAC members a late Roman bronze of Licinius I, vetted through the British Portable Antiquities Scheme, and then legally imported into the U.S.
Next up was yours truly (representing the Ancient Coin Collectors Guild), and though I entered the hearing with a bit of trepidation, the hearing’s casual atmosphere had a calming effect on my nerves. Unfortunately, I was not allowed to finish reading the two-page statement that I had prepared, and after answering a couple of questions from the committee, I walked back to my seat thinking that this was the fastest five minutes I had ever experienced. Later, several people commented to me that they believed I had been cutoff before the end of my allotted time.
As the morning progressed, the members of CPAC heard statements from four speakers representing the Association of Art Museum Directors (AAMD), four speakers that spoke on behalf of the archaeological community, and finally, Dr. Stefano De Caro, from the Italian Ministry of Culture, gave a long, perhaps 30 minutes, presentation on behalf of the Italian government. (At this point, it was obvious that the five-minute rule had been abandoned, at least for those that spoke in favor of import restrictions.)
Finally, although the Public Notice for this CPAC hearing specifically stated that “oral comments must be limited to Article II of this MOU” with Italy, which deals with the implementation and obligations of the Italian government in respect to the current MOU, speakers from the archaeological community were allowed to lobby for the inclusion of ancient coins, presently exempted, in the renewal of the MOU with Italy.
Based on this experience, I now know that the best option that the ancient coin collecting community has for a “fair hearing,” where we won’t be limited to five minutes or less, is through the court system. This is the option that ACCG is currently pursuing, the option that we have conducted two successful benefit auctions for so as to raise much needed legal funds, and unless there is a dramatic “shake-up” at the U.S. State Department’s Cultural Heritage Center office, it is the only viable option that is available to us in the foreseeable future.
Comment: Maria Kouroupas, CPAC's executive director, kept time and dictated when the allowed 5 minutes had elapsed. In my opinion, it is wrong to invite citizens to travel at the cost of significant time and some expense to Washington, D.C. to speak for such a short time and then rudely cut them off--- particularly when the "5 minute rule" is not applied equally.
In any event, the State Department Bureau of Educational and Cultural Affair's Cultural Heritage Center is already widely perceived in the collecting community as completely biased in favor of archaeologists and repatriation hungry foreign governments. Experiences like those of Kerry Wetterstrom can only confirm that perception in the eyes of many "cultural property observers."
Sunday, January 10, 2010
Just a Coincidence?
The New York International Numismatic Convention is an important show for coin dealers and collectors. See http://nyinc.info/ The annual event brings many ancient and foreign coin collectors and dealers to New York City for a bourse, auctions and educational programs about ancient and modern foreign coins. The City --which is certainly feeling the pinch of the recession-- certainly derives its own share of economic benefits as well. Coin collectors and dealers spend substantial amounts of modern cash in local restaurants and hotels as they pursue their passion or business interests.
Even in a recession, this "must attend event" is quite expensive, particularly for coin dealers who can spend over a week in the City. As a result, these small businesses must sell a fair number of coins just to break even.
Under the circumstances, I find it particularly troubling that the dealer who sold the ACCG coins for its test case had his coins delayed at Customs for some four days. This meant he missed almost half the show. I understand his Customs broker could not fathom the reason for the delay, and when the coins were released no reason was given for the delay.
One would hope that our Customs service did not purposefully delay this dealers' coins for the show just because he provided other Cypriot and Chinese coins for the ACCG's test case. Suspiciously, however, the dealer in question also indicates that other shipments to the United States have also been delayed since the ACCG imported its coins back in April.
Still, is it all just a coincidence?
If not, it certainly does not speak well for officials at the US Customs Service.
Even in a recession, this "must attend event" is quite expensive, particularly for coin dealers who can spend over a week in the City. As a result, these small businesses must sell a fair number of coins just to break even.
Under the circumstances, I find it particularly troubling that the dealer who sold the ACCG coins for its test case had his coins delayed at Customs for some four days. This meant he missed almost half the show. I understand his Customs broker could not fathom the reason for the delay, and when the coins were released no reason was given for the delay.
One would hope that our Customs service did not purposefully delay this dealers' coins for the show just because he provided other Cypriot and Chinese coins for the ACCG's test case. Suspiciously, however, the dealer in question also indicates that other shipments to the United States have also been delayed since the ACCG imported its coins back in April.
Still, is it all just a coincidence?
If not, it certainly does not speak well for officials at the US Customs Service.
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
Monday, January 4, 2010
How to Open an Art Gallery in China
The second edition of the China Art Law Newsletter includes some helpful advice for anyone wanting to open an art gallery in China. See http://www.chinaartlaw.com/
In the last decade or so, the Chinese art market has become "hot," not only for antiquities, but for modern art as well.
The press may focus on masterpieces, but China's rising middle class is also starting to purchase such art along with consumer goods. To meet this demand, Chinese auction houses like China Guardian have also become increasingly prominent. They view their mission not only to sell artifacts in all price ranges, but also to repatriate important ancient works to China through sales of such artifacts to prominent Chinese collectors. See http://www.cguardian.com/english/about.php
In the last decade or so, the Chinese art market has become "hot," not only for antiquities, but for modern art as well.
The press may focus on masterpieces, but China's rising middle class is also starting to purchase such art along with consumer goods. To meet this demand, Chinese auction houses like China Guardian have also become increasingly prominent. They view their mission not only to sell artifacts in all price ranges, but also to repatriate important ancient works to China through sales of such artifacts to prominent Chinese collectors. See http://www.cguardian.com/english/about.php
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