Merely a week after CPAC met to consider the proposed renewal of the MOU with the PRC, the news broke about an extensive PRC program to hack into US defense industry computer systems in an effort to steal US military secrets.
China is aggressively seeking an advantage against the US when it comes to defense preparedness. But so too is it with respect to the maintenance of a strong antiquities market. The difference is that the Defense Department is seeking to stymie Chinese ambitions, but our own State Department Bureau of Educational and Cultural Affairs and its Cultural Heritage Center seem all to willing to encourage a vibrant Chinese market at the expense of American interests-- all supposedly in the name of archaeology.
Showing posts with label bureacracy. Show all posts
Showing posts with label bureacracy. Show all posts
Something's Missing from the Discussion About the Repatriation of Some Ancient Coins to Bulgaria
The Government has publicized the repatriation of some ancient coins to Bulgaria. But we should be clear about the background of the return. The coins were evidently abandoned after they were seized based on alleged misstatements on a customs form. Though Bulgaria has sought a MOU with the United States, US import controls have not yet been promulgated. Moreover, there is no allegation the coins in question were "stolen" from Bulgaria. Indeed, that would be a difficult case to make given Bulgaria's open and legal trade in the exact same items.
For more about the issues surrounding the MOU that is being considered see here.
For more about the issues surrounding the MOU that is being considered see here.
Far Away from the Archaeo-Blogosphere...
I enjoyed accompanying another collector who spoke to two classes of 7th and 8th Graders about ancient coins and what they can tell us about ancient societies. Teaching about ancient history is woefully inadequate in our nation's classrooms, so it was great to find a school where the classics are still king and where the kids were both knowledgeable and engaged in the subject matter.
All this raises another point that does directly touch on "cultural property" issues. The Bureau of Educational and Cultural Affairs (ECA) spends $500 million a year promoting "cultural understanding." But, I can't help but think that ancient coin collectors do the same thing every time they talk to a class, discuss ancient history and coins, or interact with foreign collectors and dealers, and all at no cost to the U.S. taxpayer.
One can only wonder if Assistant Secretary, ECA Ann Stock has any clue about the negative impact the actions of her Cultural Heritage Center have had on coin collectors and the good work they do promoting cultural understanding on a people to people basis. If it's really about protecting archaeological sites rather than encouraging jingoistic nationalism, why promote-- as ECA's Cultural Heritage Center has done-- import restrictions based on a coin's place of production rather than it's find spot?
All this raises another point that does directly touch on "cultural property" issues. The Bureau of Educational and Cultural Affairs (ECA) spends $500 million a year promoting "cultural understanding." But, I can't help but think that ancient coin collectors do the same thing every time they talk to a class, discuss ancient history and coins, or interact with foreign collectors and dealers, and all at no cost to the U.S. taxpayer.
One can only wonder if Assistant Secretary, ECA Ann Stock has any clue about the negative impact the actions of her Cultural Heritage Center have had on coin collectors and the good work they do promoting cultural understanding on a people to people basis. If it's really about protecting archaeological sites rather than encouraging jingoistic nationalism, why promote-- as ECA's Cultural Heritage Center has done-- import restrictions based on a coin's place of production rather than it's find spot?
Some Thoughts on the Renewal of Cambodian MOU
Cambodia certainly has a far more sympathetic case than many applicants for import restrictions. On the other hand, I�m not sure that the case made to protect sculptural elements from Khmer temples justifies import restrictions on everything and anything old down to the 16th Century, including things like beads and statuettes. I�d also like to know more about collections formed in Cambodia itself, particularly the one evidently put together by a government minister. Does his collection have any statutes or sculptural elements in it? If so, where and when were they collected? It seems wrong to me that U.S. Government has filed suit against Sotheby�s demanding the return of a statute that left Cambodia decades ago if wealthy Cambodians, including at least one government minister, have been allowed to collect such material �no questions asked.�
Presidential Power: From Drones to Drachms
What issues link President Obama's drone war with the ACCG's cert petition to the Supreme Court? Find out in Michael McCullough's latest post, Presidential Power: From Drones to Drachms. It's well worth a read.
More Double Standards at CPAC?
The New York Times has reported that the Cambodian Government asked for CPAC member Jane Levine, who is also employed by Sotheby's, to be recused from deliberating on the upcoming CPAC meeting relating to the renewal of the Cambodian MOU. Presumably, the Cambodians are claiming that Levine cannot fairly discharge her duties given the ongoing dispute involving a Khmer statue. The article indicates Levine was not going to attend the meeting anyway due to a conflict with a Sotheby's board meeting, but also suggests that the "scheduling conflict" may have provided Levine and Sotheby's with a graceful exit from the dispute.
But, if so, it's worth recalling that State failed to recuse an archaeologist who received an excavation permit from Cyprus despite the clear conflict of interest issues her participation in deliberations related to the renewal of the Cypriot MOU raised.
So, once again, is there one standard applied to collectors and the trade and another for archaeologists aligned with the State Department and source country bureaucracies?
But, if so, it's worth recalling that State failed to recuse an archaeologist who received an excavation permit from Cyprus despite the clear conflict of interest issues her participation in deliberations related to the renewal of the Cypriot MOU raised.
So, once again, is there one standard applied to collectors and the trade and another for archaeologists aligned with the State Department and source country bureaucracies?
Throwing Tax Dollars at Foreign Archaeological Sites Doesn't Always Buy Friends
The U.S. Ambassador to Lebanon has learned the hard way that offers to throw US taxpayer dollars to fix up foreign archaeological sites does not necessarily buy the US friends abroad, particularly where the money is to be spent in Hezbollah territory in S. Lebanon. Instead, the Ambassador has been subject to withering criticism because an Embassy vehicle damaged a wall during a tour of ancient Tyre. In the Ambassador's defense, I suspect she did not leave her vehicle because of security concerns, not because she was "too tired or busy" as Arab media has suggested.
More Problems Discovered at Pompeii
A week after reports surfaced about thefts of antique books from a historic library in Naples, Italian authorities have announced another arrest, this time of the head of a restoration firm that allegedly skimmed monies meant for the restoration of Pompeii.
While it's good to see Italian authorities finally clamp down on some corruption, such news once again suggests that import restrictions, repatriation demands and the like are diversions from what really ails Italy's cultural patrimony.
While it's good to see Italian authorities finally clamp down on some corruption, such news once again suggests that import restrictions, repatriation demands and the like are diversions from what really ails Italy's cultural patrimony.
Slim Public Support for Renwal of the Cambodian MOU
Only 37 public comments have been posted on the regulations.gov website regarding the proposed renewal of the Cambodian MOU. It's a bit surprising the number is so low, particularly given all the negative press drummed up against Sotheby's concerning the ongoing forfeiture proceeding in New York over a Khmer statue. Unsurprisingly, though most comments come from archaeologists or those with some professional or business affiliation with the Cambodian cultural bureaucracy. The list includes two groups who have or currently do receive public funds from the US Government or the EU. This again suggests that import restrictions are largely "feel good measures" for special interests with friends in Government.
Just Say No
Hugh Eakin has written a thoughtful piece about the American museum community's capitulation to ever escalating repatriation demands. Museum trustees have a fiduciary duty to protect their collections from legally deficient claims, but that seems to not be much of a consideration in the face of bad press ginned up by the archaeological lobby and sympathetic journalists aligned with the cultural bureaucracies in places like Greece and Italy.
Eakin rightly notes that repatriation of artifacts that left their supposed countries of origin decades ago does nothing to protect archaeological sites from any current looting. I would add all the hype about repatriation is in fact a diversion from addressing the problems at the source by tackling over-regulation, choking bureaucracy, under-funding and endemic corruption in places like Greece and Italy.
Perhaps if museums just said no to repatriation claims they might actually encourage some rational discussion of the real issues facing preservation of artifacts from the past. Any such discussion should start with some recognition that foreign countries can't possibly preserve, study and display all the artifacts they lay claim to, and protecting artifacts rather than bureaucrats should be the first priority.
Eakin rightly notes that repatriation of artifacts that left their supposed countries of origin decades ago does nothing to protect archaeological sites from any current looting. I would add all the hype about repatriation is in fact a diversion from addressing the problems at the source by tackling over-regulation, choking bureaucracy, under-funding and endemic corruption in places like Greece and Italy.
Perhaps if museums just said no to repatriation claims they might actually encourage some rational discussion of the real issues facing preservation of artifacts from the past. Any such discussion should start with some recognition that foreign countries can't possibly preserve, study and display all the artifacts they lay claim to, and protecting artifacts rather than bureaucrats should be the first priority.
Jay Kislak at 90
It's nice to see former CPAC Chairman Kislak remains active and engaged at age 90. The article discusses his incredible generosity to the Library of Congress. It also touches on his frustrations dealing with the State Department while chairman of CPAC. In particular, the article references Mr. Kislak's statements at the CPRI's seminar on Capitol Hill. As the article notes,
With Kislak's knowledge of collecting, President George W. Bush appointed him to the State Department's Cultural Property Advisory Committee. But while chairing the committee from 2003 to 2008, Kislak grew frustrated and didn't seek to stay on with the group, which deals with controversial issues of regulating the importation of cultural and historical artifacts.
Later, at a Washington, D.C., seminar in March 2011, Kislak called the advisory committee "useless." According to a transcript, he criticized the group for holding closed meetings and fumed that its recommendations were ignored by State Department staff.
With Kislak's knowledge of collecting, President George W. Bush appointed him to the State Department's Cultural Property Advisory Committee. But while chairing the committee from 2003 to 2008, Kislak grew frustrated and didn't seek to stay on with the group, which deals with controversial issues of regulating the importation of cultural and historical artifacts.
Later, at a Washington, D.C., seminar in March 2011, Kislak called the advisory committee "useless." According to a transcript, he criticized the group for holding closed meetings and fumed that its recommendations were ignored by State Department staff.
Corruption and the Archaeological Lobby's Models
It's interesting to see where the archaeological lobby's models stack up on Transparency International's 2012 Corruption Perception Index: Bulgaria-75; China-80; Cyprus-29; Egypt-118, Greece-94; Italy-72 and Turkey-54.
The higher the number, the higher the perception of corruption. Denmark is No. 1 as the least corrupt country while No.174, Somalia, is perceived as most corrupt.
While Cyprus' rank of 29 would seem at first blush to be fairly good, at least some commentators suggest that Cypriots themselves think their government is more corrupt than Transparency International's experts believe.
It's interesting that these countries also have very restrictive export controls for cultural property. One might suspect that such controls merely provide an opportunity for corrupt officials to profit from the system.
Why does the archaeological lobby continue to see such corrupt systems as models for cultural heritage protection? Or are they somehow suggesting the cultural bureaucracies in these countries are far cleaner than government in general? And, if so, what is their basis for any such claim?
The higher the number, the higher the perception of corruption. Denmark is No. 1 as the least corrupt country while No.174, Somalia, is perceived as most corrupt.
While Cyprus' rank of 29 would seem at first blush to be fairly good, at least some commentators suggest that Cypriots themselves think their government is more corrupt than Transparency International's experts believe.
It's interesting that these countries also have very restrictive export controls for cultural property. One might suspect that such controls merely provide an opportunity for corrupt officials to profit from the system.
Why does the archaeological lobby continue to see such corrupt systems as models for cultural heritage protection? Or are they somehow suggesting the cultural bureaucracies in these countries are far cleaner than government in general? And, if so, what is their basis for any such claim?
No Sense of Humor or Balance, Just Useful Cover?
I guess on reflection it's not all that surprising that the archaeological blogosphere, what with its archaeology over all fanaticism, lacks a sense of humor. Or that somehow an advertisement for the sale of a collection of Islamic coins becomes a springboard for a diatribe against the seller (the ACCG's founder), the collector (a man of the cloth), the Arab Spring (dislocation dethrones some of archaeology's friends in the region?), American Culture (grasping rather than free?), and U.S. Foreign Policy (US made tear gas and "political assasination drones" rather than support for democracy and vast amounts of foreign aid?). But if so, how can the State Department bureaucracy really take the rants of such archaeologists whether in the blogosphere or in comments to CPAC seriously? Or do they just provide a useful cover for State's proclivity to trade the interests of US small businesses, collectors and museums for the fleeting good will of some foreign potentate?
ACCG Files Petition for Rehearing
The ACCG has requested the entire Fourth Circuit Court of Appeals to rehear the dismissal of its case testing regulations imposing import restrictions on historical coins of the sort widely traded worldwide. The ACCG has argued that the panel�s decision ignores Supreme Court precedent, case law in sister circuits, and the �plain meaning� rule. Specifically, the ACCG states that the panel: (1) failed to consider the U.S. Supreme Court�s test for determining if �foreign policy� concerns trump the judiciary�s obligation �to say what the law is;� (2) adopted a version of judicial review far narrower than that afforded in sister federal appellate courts; and (3) wrongly assumed that CPAC approved of the Government�s decision imposing restrictions on coins based on their place of production rather than their find spot despite the sworn statement of Jay Kislak, CPAC former Chairman, that was previously brought to the trial court�s attention.
Labels:
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Rome's Bio-Cultural Patrimony Deserves Protection Against Italy's Archaeologists
Italy's state funded archaeologists have their hands full, what with the ruins of Pompeii, the Colosseum, and Nero's Golden House falling down due to underfunding, incompetence and neglect. Yet, instead of facing these big issues, they have declared war on Rome's stray cats and the dedicated volunteers that care for them.
One legend has it that the cats descend from the lions of ancient times. Once eating Christians was disallowed, they adapted by making do with handouts and the occasional mouse and evolved over time to their current dimunitive size.
Whether this legend is true or not, Italian authorities have certainly declared the cats officially part Rome's "bio-cultural patrimony."
So its high time to protect the cats against Italy's archaeologists and cultural bureacrats.
One legend has it that the cats descend from the lions of ancient times. Once eating Christians was disallowed, they adapted by making do with handouts and the occasional mouse and evolved over time to their current dimunitive size.
Whether this legend is true or not, Italian authorities have certainly declared the cats officially part Rome's "bio-cultural patrimony."
So its high time to protect the cats against Italy's archaeologists and cultural bureacrats.
Closed CPAC Meetings on Chinese and Cambodian MOU's
There was a time under the Bush Administration that CPAC conducted open meetings in conjunction with their interim reviews of controversial MOU's, like that of Italy. Under the supposedly transparent Obama Administration that is no longer the case. The Chinese MOU in particular has been very controversial. So why not hold an open CPAC meeting where the public can comment on how China has responded to what is asked of it under the current MOU?
Labels:
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Cambodian MOU,
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Cyprus Mail Belatedly Reports on Renewal of Cypriot MOU
The Cyprus Mail has belatedly reported the renewal of the MOU with Cyprus. The report contains yet more evidence such MOU�s are little more than special interest programs for archaeologists, cultural bureaucrats, and law enforcement. According to the report,
The Memorandum ... provides for the prevention of illicit trade of antiquities, the protection of the Cypriot museums and archaeological sites, raising public awareness, bilateral cooperation between Cypriot and American universities, archaeological missions and museums and law enforcement agencies of the two states.
I�m not aware of any specific benefit to museums, other than the fact that import restrictions give a significant competitive advantage to the Bank of Cyprus Cultural Foundation in their purchase of ancient Cypriot coins on the designated list. While Americans no longer can import undocumented Cypriot coins, the Bank of Cyprus and wealthy Cypriot collectors remain free to do so without similar limitations.
The Memorandum ... provides for the prevention of illicit trade of antiquities, the protection of the Cypriot museums and archaeological sites, raising public awareness, bilateral cooperation between Cypriot and American universities, archaeological missions and museums and law enforcement agencies of the two states.
I�m not aware of any specific benefit to museums, other than the fact that import restrictions give a significant competitive advantage to the Bank of Cyprus Cultural Foundation in their purchase of ancient Cypriot coins on the designated list. While Americans no longer can import undocumented Cypriot coins, the Bank of Cyprus and wealthy Cypriot collectors remain free to do so without similar limitations.
Poor Laws Damage Heritage
Here is a bit of common sense from an Indian professor that outlines how poor laws and a worse cultural establishment in that country have actually done more harm than good to India's cultural patrimony.
It's to the discredit of the American archaeological community that they never so much as acknowledge that poor laws and underfunded, corrupt or inept cultural bureaucracies may be the actual root of the problem.
But real tragedy is that "control" all too often seems more important to cultural bureaucracies both here and abroad than common sense measures that promote both conservation and public participation in caring for the past.
It's to the discredit of the American archaeological community that they never so much as acknowledge that poor laws and underfunded, corrupt or inept cultural bureaucracies may be the actual root of the problem.
But real tragedy is that "control" all too often seems more important to cultural bureaucracies both here and abroad than common sense measures that promote both conservation and public participation in caring for the past.
Revised MOU Confirms Restrictions Wrongly Placed on Coins?
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?
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?
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.
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