Showing posts with label coin dealers. Show all posts
Showing posts with label coin dealers. Show all posts

THE CHINESE DREAM SHOULD NOT ALLOWED TO BECOME AMERICA�S NIGHTMARE


This more or less was my statement to CPAC on behalf of IAPN and PNG.  I hope to report on the public session of CPAC considering the renewal of the MOU with China in the near future.
A recent issue of Economist Magazine writes of Xi Jinping, China�s new Communist Party Leader and his slogan, the Chinese Dream, a call for China to reclaim its ancient glory. 
          Part of all this, of course, is to highlight the importance of ancient Chinese artifacts not just through diplomatic efforts like this MOU, but through the creation of a vibrant internal collector�s market, including world class bourses like the Beijing International Coin and Stamp Show and auction houses like China Guardian and Poly Auctions.
          On that score, let me be the first to say I�m all for the Chinese government encouraging China�s own people to collect, preserve, study and display ancient artifacts, particularly as common as ancient Chinese coins, which must still exist in the millions if not billions.  That certainly is much preferable to the ideologically motivated destruction of Chinese cultural heritage during the Cultural Revolution or, for that matter, the far more recent demolition of historic Buddhist Temples and large swaths of Lhasa in Tibet and Kashgar on the Silk Road all in the name of progress.   
          But given the reality of a huge, largely open internal Chinese market in common antiquities like pottery and coins, it�s a fair question to ask what is the real purpose of the import restrictions our State Department, presumably with the consent of CPAC, have imposed on American collectors, the small businesses of the antiquities and coin trade and museums?
          I�m well aware that archaeologists have argued that import restrictions help drive potentially looted artifacts off the market, but such a claim makes little sense whatsoever given this huge internal Chinese market.   Indeed, all that is really being accomplished is to give Chinese dealers, auction houses and collectors a leg upon their foreign, particularly American competition.   
          Does CPAC really support such a state of affairs, particularly where the most successful Chinese antiquities sales outlets are insiders associated with the Chinese Government, like Poly Group run by the People�s Liberation Army and China Guardian Auctions, run by the daughter of one of China�s former leaders?  Let�s hope not.
          There is also the issue of Chinese compliance with the current MOU.    Several issues come to mind.   First, China was supposed to make it easier to legally export artifacts, but it has not.  Instead, it now reportedly bans exports of any artifact (even apparently foreign ones like 19th c. US Trade Dollars) pre-dating 1911
          Of course, these rules do not apply to the free ports of Hong Kong and Macao.  China was also supposed to clamp down on them, but it has not.  Instead, artifacts leaving these ports can still be re-imported into the PRC no questions asked.   
          China has also failed to crack down on its own museums purchasing recently looted materials.  Indeed, the business plan of the Poly Group appears to contemplate purchases of such material.   Will CPAC and the State Department hold the PRC accountable to its promises?   Let�s hope so.
          Finally, let�s talk more about Chinese coins currently on the designated list.   The State Department and U.S. Customs have misapplied the CPIA�s requirement limiting any restrictions to artifacts �first discovered within� and �subject to the export control� of China.  They have instead barred the import of any Tang Dynasty and earlier coins based on their place of production, which is entirely different. 
          One cannot safely assume any Chinese cash coins are only found where they were made.  Scholarly evidence demonstrates that early cash coins like those on the designated list were exported in quantity with later issues all around the Far East and even as far West as Africa and the Arabian coast.  
          Certainly the entire agreement with China should be suspended because it is doing nothing to actually protect Chinese archaeological sites, but at a minimum, Chinese cash coins, which exist in the millions if not billions, should be delisted. 
          Indeed, if anything, both China and the State Department Bureau of Educational and Cultural Affairs should seek to have such exceptionally common coins disseminated as widely as possible to US Schools to help teach American students about Chinese history and hence foster the cultural understanding that is supposed to be the brief of ECA, whose Assistant Secretary is the deciding official for this MOU.   Perhaps, that should be a recommendation of CPAC during this  Asian Pacific American Heritage Month --not more restrictions on common coins of the sort widely collected in China itself.
Thank you.

Should Transparency Be a Two Way Street?

Archaeo-Blogger and Cultural Heritage Lawyer Rick St. Hilaire wants to mandate additional record-keeping for dealers in cultural goods in the name of "transparency."  Leaving aside whether creating more red tape will accomplish anything other than to place additional administrative burdens on the small businesses of the antiquities and coin trade, one wonders whether he would also acknowledge that transparency should be a two way street. 

So, how about some transparency for the State Department and CBP concerning their process for imposing import restrictions on cultural goods?  Or how about imposing new record keeping requirements on archaeologists, such as requiring them to publish their findings within in a reasonable time on the Internet so they will be easily accessible to interested members of the general public?

After all, State, CBP and the archaeological community all purport to act in the public's interest, so is some transparency from them too much to ask?

Hillary More Attuned to Pop Culture than to Concerns of Numismatic Community?

I had to laugh a bit when I read that Hillary Clinton (or her staff) had time to write Jason Segal, a Hollywood personality, to decline an invitation to appear on his television show.  See http://www.hollywoodreporter.com/news/hillary-clinton-writes-jason-segel-rejection-letter-318512

In contrast, Secretary Clinton has declined to respond at all to correspondence expressing the sincere concerns of the numismatic community about how import restrictions are damaging small business and the appreciation and study of ancient coins in the United States.

What gives?

No Shipment to the USA

One of the major Swiss coin auction houses has announced that it will no longer ship ancient coins to the USA, due to the growing list of import restrictions (and presumably recent problems importers have had with US Customs with regard to unrestricted ancient coins).

Here is the communication that has been sent by Sincona (formerly the numismatic arm of UBS) to US bidders:

Dear Mr. xxx

We would like to thank you very much for your bids.

Due to specific US customs regulations, Sincona is no longer shipping ancient coins into the USA!

Either you can personally pick up your auction lots at our office in Zurich (or having someone to do so on your behalf) or you have to provide us with a mailing address within the European Community, where we can send your purchase. If we do not receive your respective directives within 48 hours before the sale, we are sorry but cannot accept your bids for ancient coins!

Thank you for your understanding.

Elements within the AIA, the archaeological blogosphere, and cultural bureaucracies here and abroad will no doubt [at least secretly] applaud such developments.  On the other hand, others may now conclude that any speculative benefit import restrictions may have on the protection of archaeological sites is far outweighed by the direct,  negative consequences they undoubtedly also have on US small businesses, collectors, and ultimately the study, preservation and appreciation of ancient coins and the cultural exchange it fosters.

No Shipment to the USA

The practical impact of import restrictions should be made crystal clear with these words, "No Shipment to the USA."

This German dealer will no longer ship this Syracusian Tetradrachm to the USA, presumably because of import restrictions on "coins of Italian type." See
http://www.vcoins.com/grotjohann/store/viewItem.asp?idProduct=820

There is no indication this coin is a "fresh find." Indeed, given its toning, this coin has likely been in a collection for years. Yet, since the dealer has not identified this coin as being pictured in an auction catalogue or price list dating from before the restrictions, the dealer cannot ship it to the USA lest it be seized by US Customs and returned to its presumptive supposed find spot, the modern day Republic of Italy. (Though US Customs is supposed to accept certifications that such coins were out of the country before the date of restrictions, even where this information is available, Customs has been known to reject them absent auction catalogue citations.)

Yet, the same coin can be shipped to collectors ANYWHERE else in the world, including within Italy. How then do the restrictions comply with the CPIA's "concerted international response requirement" that was meant to the ensure the comity and effectiveness of import restrictions and also thus preclude any such discrimination against American collectors?

What is the Impact of Import Restrictions on "Coins of Italian Type?"

Many collectors have expressed understandable concern about the impact of new import restrictions on "coins of Italian type." Hopefully, this overview will be of some assistance.

I. What Coins Are Now Restricted?

The January 19, 2011 Federal Register contains a notice that restrictions are extended to certain coins of Italian type:

http://edocket.access.gpo.gov/2011/pdf/2011-882.pdf

The categories of coins subject to the restrictions are as follows:

F. Coins of Italian Types�A type
catalogue of listed currency and coins
can be found in N.K. Rutter et al. (eds.),
Historia Numorum: Italy (London,
2001). Others appear in G.F. Hill Coins
of Ancient Sicily (Westminster, 1903).

1. Lumps of bronze (Aes Rude)�
Irregular lumps of bronze used as an
early medium of exchange in Italy from
the 9th century B.C.

2. Bronze bars (Ramo Secco and Aes
Signatum)�Cast bronze bars (whole or
cut) used as a media of exchange in
central Italy and Etruria from the 5th
century B.C.

3. Cast coins (Aes Grave)�Cast
bronze coins of Rome, Etruscan, and
Italian cities from the 4th century B.C.

4. Struck coins�Struck coins of the
Roman Republic and Etruscan cities
produced in gold, silver, and bronze
from the 3rd century B.C. to c. 211 B.C.,
including the ��Romano-Campanian��
coinage.

5. Struck colonial coinage�Struck
bronze coins of Roman republican and
early imperial colonies and municipia
in Italy, Sicily, and Sardinia from the
3rd century B.C. to c. A.D. 37.

6. Coins of the Greek cities�Coins of
the Greek cities in the southern Italian
peninsula and in Sicily (Magna
Graecia), cast or struck in gold, silver,
and bronze, from the late 6th century
B.C. to c. 200 B.C.

Source: Federal Register: January 19, 2011 (Volume 76, Number 12)
[Rules and Regulations] Pages 3012-3013.

Accordingly, although the import of coins of great interest to collectors of Greek coins are restricted, the import of most Republican and Imperial coins remains unrestricted.

II. What are the impact of Restrictions?

The above restricted coins of Italian types can only be imported into the United States with an export certificate issued by the Republic of Italy or �satisfactory evidence� demonstrating that the coins were exported from or were outside of Italy at least 10 years prior to importation into the US or that the Coins were exported from or were outside of Italy before January 19, 2011. What constitutes �satisfactory evidence� is ultimately left to the discretion of Customs, but usually takes the form of a declaration by the importer and a statement by the consigner.

Source: Convention on Cultural Property Implementation Act (�CPIA�) � 307, 19 U.S.C. � 2606.

III. Open Questions

Under the CPIA, import restrictions only apply to coins �first found in the ground� in Italy. See CPIA � 302 (2). However, if a coin of Italian type was excavated outside of Italy in a country that declares anything found in the ground to be state property (i.e., Egypt, Greece or Turkey), it may still be subject to seizure pursuant to the National Stolen Property Act and other provisions of U.S. law. The same principal would apply to a non-restricted Roman coin proven to have been illicitly excavated in Italy in violation of that country's patrimony laws.

The more relevant question is how U.S. Customs and Border Protection (�CBP�) will treat "coins of Italian type" which do not have a known find spot and/or whose whereabouts cannot be traced back before January 19, 2011, i.e., presumably an ever increasing number of coins as time passes. In the test case brought by the Ancient Coin Collectors Guild concerning Cypriot and Chinese import restrictions, CBP has taken the position that �country of origin� for purpose of the CPIA is synonymous with country of manufacture because Cypriot and Chinese coins may be found where they are manufactured. The Court has yet to rule on the validity of this claim.

There is another question related to coins already in the United States. Import restrictions should not apply to them, but what happens if they are sent abroad? Can they be imported back into the United States without the usual certifications? Presumably so, but again we will only know once CBP confronts the issue.

There also is the issue of the overzealous CBP officials. For example, one recently retired official in CBP's New York office was known to reject the certifications authorized under the CPIA. Instead, he apparently often demanded that the importer produce pictures of artifacts from auction catalogues to prove that an artifact was out of the country of origin as of the date of the restrictions. Obviously, if applied to coins, this would pose a major burden to importers.

In summary, these unprecedented restrictions promise to be a major headache for everyone, except, of course, their proponents in the archaeological community and the Department of State Bureau of Educational and Cultural Affairs Cultural Heritage Center. The best I can suggest is to document your coins as being out of Italy before January 19, 2011 as well as you can and only purchase coins from established sellers.