Scott Hodes, an attorney who devotes his practice to Freedom of Information Act ("FOIA") cases, has commented on the archaeological blogosphere's attack on the efforts of ACCG, IAPN and PNG to seek transparency in how the State Department and US Customs impose import restrictions on cultural goods.
The drafters of FOIA hoped that the release of government files would help the public learn what its government is up to. The fact that ACCG, IAPN and PNG have sought to shed some light on what State Department and US Customs Bureaucrats have been up to behind closed doors should be applauded, not condemned by archaeological groups, particularly given their own demands for transparency from private parties involved in the trade in cultural goods.
Showing posts with label FOIA. Show all posts
Showing posts with label FOIA. Show all posts
District Court Again Accepts State Secrecy Claims; But Transparency Needed More than Ever
The same US District Court judge who ruled for the State Department in the ACCG-IAPN-PNG FOIA case has again ruled for the government on the remaining issues on remand from the D.C. Circuit.
Just because the US District Court gave the State Department another pass does not mean that the State Department is acting in accordance with President Obama's promise to make his Administration the most transparent ever. To the contrary, the veil of secrecy placed over State Department decisions to impose import restrictions on cultural goods would seem to be entirely inconsistent with that pledge.
The State Department needs to be far more transparent about its decision making processes, which after all have a real impact on the ability of American collectors, businesses and museums to import cultural goods.
Archaeologists should also support greater transparency. The archaeological lobby harps on the need for more transparency about private transactions involving the sale or transfer of cultural goods, but has been supportive of government secrecy concerning how import decisions are made. Why? Could it be that it fears that any such transparency will only confirm that such decisions are actually the products of bias/and or prejudgement and/or ex parte contacts between State Department staff and members of the archaeological lobby? The particular redacted document at issue in the remand (an email communication between an archaeologist associated with the Cyprus American Archaeological Research Institute and a State Department employee about including coins in the MOU that predated a Cypriot request for import restrictions on coins) certainly suggests as much.
Addendum 6/15/12): Some in the archaeological blogosphere have now claimed that using the FOIA process to seek the email mentioned above is somehow "absurd," "shameful," "disturbing" and "disgusting." Here is my response to archaeo-blogger Paul Barford, which he apparently refuses to publish:
Well, perhaps you should give your readers the whole context of why ACCG was seeking the Parks email, and let them decide if seeking some transparency as to how the import restrictions decision was made is as disgusting or disturbing as you claim: http://ordinarymag.blogspot.com/2011/12/will-obama-state-department-uphold.html
Either State was using Parks (the now deceased archaeologist in question) as a supposedly neutral expert (when she was not) or conferring with her about CAARI's effort to include coins in the Cypriot MOU. Because we don't have the entire document, we don't know which it was, but since Cyprus had not yet asked for restrictions on coins when the email exchange occurred, it presumably would be the latter.
Just because the US District Court gave the State Department another pass does not mean that the State Department is acting in accordance with President Obama's promise to make his Administration the most transparent ever. To the contrary, the veil of secrecy placed over State Department decisions to impose import restrictions on cultural goods would seem to be entirely inconsistent with that pledge.
The State Department needs to be far more transparent about its decision making processes, which after all have a real impact on the ability of American collectors, businesses and museums to import cultural goods.
Archaeologists should also support greater transparency. The archaeological lobby harps on the need for more transparency about private transactions involving the sale or transfer of cultural goods, but has been supportive of government secrecy concerning how import decisions are made. Why? Could it be that it fears that any such transparency will only confirm that such decisions are actually the products of bias/and or prejudgement and/or ex parte contacts between State Department staff and members of the archaeological lobby? The particular redacted document at issue in the remand (an email communication between an archaeologist associated with the Cyprus American Archaeological Research Institute and a State Department employee about including coins in the MOU that predated a Cypriot request for import restrictions on coins) certainly suggests as much.
Addendum 6/15/12): Some in the archaeological blogosphere have now claimed that using the FOIA process to seek the email mentioned above is somehow "absurd," "shameful," "disturbing" and "disgusting." Here is my response to archaeo-blogger Paul Barford, which he apparently refuses to publish:
Well, perhaps you should give your readers the whole context of why ACCG was seeking the Parks email, and let them decide if seeking some transparency as to how the import restrictions decision was made is as disgusting or disturbing as you claim: http://ordinarymag.blogspot.com/2011/12/will-obama-state-department-uphold.html
Either State was using Parks (the now deceased archaeologist in question) as a supposedly neutral expert (when she was not) or conferring with her about CAARI's effort to include coins in the Cypriot MOU. Because we don't have the entire document, we don't know which it was, but since Cyprus had not yet asked for restrictions on coins when the email exchange occurred, it presumably would be the latter.
State Department Clarifies Egyptian MOU
The State Department Cultural Heritage Center has clarified the situation on the Egyptian MOU as follows:
http://exchanges.state.gov/heritage/whatsnew.html
What's New
Potential Memorandum of Understanding between U.S. Immigration and Customs Enforcement and Egypt�s Ministry of State for Antiquities
The Department of State�s Cultural Heritage Center has become aware that confusion exists concerning a potential MOU between U.S. Immigration and Customs Enforcement and Egypt�s Ministry of State for Antiquities. Such an agreement would differ from the type of MOU made under Article 9 of the 1970 UNESCO Convention for import restrictions on certain categories of cultural materials. The Department understands that the MOU presently under discussion by U.S. Immigration and Customs Enforcement concerns information exchange and not import restrictions. If the Government of the Arab Republic of Egypt requests an agreement pursuant to Article 9 of the 1970 UNESCO Convention, the Department of State would announce receipt of such a request in the Federal Register. This procedure is the only means currently available to a country wishing U.S. import restrictions on its cultural property.
Given this clarification, a recap of how this issue arose is in order.
Last May, then Egyptian Antiquities Minister Zahi Hawass stated on his blog,
[A Coalition of US archaeologists] reported that the US Government is willing to impose emergency restrictions on Egyptian antiquities....The coalition will be drafting a formal agreement between the US and Egyptian governments...."
See http://ordinarymag.blogspot.com/2011/05/hawass-says-emergency-import.html
Last June, the Cultural Policy Research Institute made FOIA requests on the matter, that have not been answered satisfactorily.
See http://ordinarymag.blogspot.com/2011/06/cpri-files-foia-request-on-purported.html
Last September, it was reported that the State Department [not US Customs] had given ICOM a sole source contract to prepare a "red list of Egyptian antiquities at risk." See http://ordinarymag.blogspot.com/2011/09/state-department-commissions-egyptian.html
Just this week, an Egytian newspaper that is viewed as the unofficial voice of the Egyptian military government reported,
New strategy to prevent illegal trade in Egyptian antiquities
Nevine El-Aref, Sunday 23 Oct 2011
American-Egyptian memorandum of understanding to track down antiquities smugglers in the United States to be signed soon
In an attempt to tighten security measures on antiquities trafficking, Egypt is to sign a memorandum of understanding with the United States enabling the Customs and National Security Department in the USA to track and catch antiquities smugglers in the country. They will also be able to take all legal procedures to return illegally smuggled antiquities to Egypt.
Mustafa Amin, secretary-general of the Supreme Council of Antiquities, told Ahram Online that according to the memorandum, training courses would be provided for Egyptian archaeologists responsible for archaeological units in ports and airports in order to discover any smuggling attempts across Egyptian borders.
The United States will also offer Egypt a financial grant to implement a special security strategy at all its archaeological sites, museums and borders. State-of-the-art security equipment such as electronic gates, burglar alarms connected to TV circuits, and cameras will also be provided.
http://english.ahram.org.eg/News/24873.aspx
Under the circumstances, while the State Department's clarification is welcome, it should be followed up with more transparency about the issue.
http://exchanges.state.gov/heritage/whatsnew.html
What's New
Potential Memorandum of Understanding between U.S. Immigration and Customs Enforcement and Egypt�s Ministry of State for Antiquities
The Department of State�s Cultural Heritage Center has become aware that confusion exists concerning a potential MOU between U.S. Immigration and Customs Enforcement and Egypt�s Ministry of State for Antiquities. Such an agreement would differ from the type of MOU made under Article 9 of the 1970 UNESCO Convention for import restrictions on certain categories of cultural materials. The Department understands that the MOU presently under discussion by U.S. Immigration and Customs Enforcement concerns information exchange and not import restrictions. If the Government of the Arab Republic of Egypt requests an agreement pursuant to Article 9 of the 1970 UNESCO Convention, the Department of State would announce receipt of such a request in the Federal Register. This procedure is the only means currently available to a country wishing U.S. import restrictions on its cultural property.
Given this clarification, a recap of how this issue arose is in order.
Last May, then Egyptian Antiquities Minister Zahi Hawass stated on his blog,
[A Coalition of US archaeologists] reported that the US Government is willing to impose emergency restrictions on Egyptian antiquities....The coalition will be drafting a formal agreement between the US and Egyptian governments...."
See http://ordinarymag.blogspot.com/2011/05/hawass-says-emergency-import.html
Last June, the Cultural Policy Research Institute made FOIA requests on the matter, that have not been answered satisfactorily.
See http://ordinarymag.blogspot.com/2011/06/cpri-files-foia-request-on-purported.html
Last September, it was reported that the State Department [not US Customs] had given ICOM a sole source contract to prepare a "red list of Egyptian antiquities at risk." See http://ordinarymag.blogspot.com/2011/09/state-department-commissions-egyptian.html
Just this week, an Egytian newspaper that is viewed as the unofficial voice of the Egyptian military government reported,
New strategy to prevent illegal trade in Egyptian antiquities
Nevine El-Aref, Sunday 23 Oct 2011
American-Egyptian memorandum of understanding to track down antiquities smugglers in the United States to be signed soon
In an attempt to tighten security measures on antiquities trafficking, Egypt is to sign a memorandum of understanding with the United States enabling the Customs and National Security Department in the USA to track and catch antiquities smugglers in the country. They will also be able to take all legal procedures to return illegally smuggled antiquities to Egypt.
Mustafa Amin, secretary-general of the Supreme Council of Antiquities, told Ahram Online that according to the memorandum, training courses would be provided for Egyptian archaeologists responsible for archaeological units in ports and airports in order to discover any smuggling attempts across Egyptian borders.
The United States will also offer Egypt a financial grant to implement a special security strategy at all its archaeological sites, museums and borders. State-of-the-art security equipment such as electronic gates, burglar alarms connected to TV circuits, and cameras will also be provided.
http://english.ahram.org.eg/News/24873.aspx
Under the circumstances, while the State Department's clarification is welcome, it should be followed up with more transparency about the issue.
Open Government Watchdog Criticises DC Circuit Decision
An advocate for open government has criticised the DC Circuit decision in the ACCG-IAPN-PNG FOIA case. See
http://www.rcfp.org/newsitems/index.php?i=11827
Meanwhile, predictably at least one self-appointed spokesman for the archaeological community is gloating about the ruling while at the same time attacking the DC Circuit's decision to require State to further justify its search and its withholding of one document. See
http://paul-barford.blogspot.com/2011/04/coiney-guilds-want-access-to-deceased.html
http://www.rcfp.org/newsitems/index.php?i=11827
Meanwhile, predictably at least one self-appointed spokesman for the archaeological community is gloating about the ruling while at the same time attacking the DC Circuit's decision to require State to further justify its search and its withholding of one document. See
http://paul-barford.blogspot.com/2011/04/coiney-guilds-want-access-to-deceased.html
Ruling in the ACCG-IAPN-PNG FOIA Case
The DC Circuit has affirmed in part and reversed in part the decision of the District Court in the ACCG-IAPN-PNG FOIA case. See
http://www.accg.us/News/Item/U_S_Appellate_Court_rules_on_FOIA_case.aspx
Overall, the ruling supports the Department of State's efforts to keep its decision making secret from the public.-- this despite the Obama Administration's claims that it is the "most transparent" in history. Moreover, as we have seen from the recent CPRI seminar, such secrecy has been used to cover up results oriented short cuts designed to ensure the broadest application of import restrictions on cultural goods. Any benefits confidentiality brings to decision making should never come at the expense of encouraging evasion of legal process.
http://www.accg.us/News/Item/U_S_Appellate_Court_rules_on_FOIA_case.aspx
Overall, the ruling supports the Department of State's efforts to keep its decision making secret from the public.-- this despite the Obama Administration's claims that it is the "most transparent" in history. Moreover, as we have seen from the recent CPRI seminar, such secrecy has been used to cover up results oriented short cuts designed to ensure the broadest application of import restrictions on cultural goods. Any benefits confidentiality brings to decision making should never come at the expense of encouraging evasion of legal process.
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