German High Court Rules Export Permits Not Required for Collectors' Coins in Trade

Germany's highest regulatory court has ruled  that coins in trade will not be treated as archaeological objects requiring an export permit under EU law. The court said that because they are objects created in quantity, they have lost any archaeological value, and to require export permits for them would put an unreasonable restraint on trade. The decision in its entirety can be read here.   

UPDATE 5/4/13:  Not surprisingly, archaeo-blogger Paul Barford is in denial about the implications of Court's ruling and has even implied the court's decision-making was corrupted by "commercial interests."  As to the former, I think a well known numismatist said it best:

Of course Mr. Barford is in denial of the court's actual ruling: �coins coming from Antiquity generally have no archeological value and thus are not archeological objects�. It doesn�t come much clearer than that. Nor is this �the Bavarian judiciary� as Mr. Barford would like to believe; it is the supreme court of Germany for cases involving customs and taxes.

As to the latter, I think Mr. Barford should compare what Transparency International says about Germany and places whose views of cultural property matters he champions, like Greece, Cyprus, Italy and China.

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?

Tail Wags Dog

Nathan Elkins has publicized a workshop he helped organize.   While I�m all for numismatic research, a perusal of the workshop topics just underscores what a former CPAC member told me: that he thought the State Department has allowed the archaeological tail to wag the numismatic dog.

     

The archaeological establishment has preached at CPAC meetings and elsewhere that coins�like other artifacts--lose their meaning without context, and that import restrictions are necessary to encourage academic research.  But all the workshop topics about coin iconography (including one Elkins himself chaired) simply belie this claim.   

Are import restrictions on coins and the considerable damage they have already done to thousands of American collectors and hundreds of American small businesses of the numismatic trade really justified by such academic endeavors?   Or does Elkins' workshop just provide more evidence that the archaeological tail has been allowed to wag the numismatic dog with little reflection on the veracity of the archaeological establishment�s claims?

Addendum (3/1/13):  On his blog, Elkins now confirms (rightly in my view) that despite the AIA's position to the contrary on unprovenanced objects, coins do indeed retain meaning without context.  He further states on Barford's blog (again rightly in my view) that the AIA's 1970 date should not apply to coins.  [I'm not posting either statement here, however, because frankly they are written in a rather insulting manner.]

But if so, how does Elkins square all this with his association with the AIA's position on cultural heritage issues, particularly if memory serves (it's not available on the AIA webstite) that Elkins is or has been a member of the AIA's Cultural Heritage Policy Committee?  Are the positions the AIA stakes out serious ones that its own members are expected to accept or are they to be conveniently discarded when their application might interfere with an AIA member's research interests?  It would seem the AIA is happy to try to hold museums, collectors and dealers to its views, but how about those associated with the organization itself? 

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. 

Fourth Circuit Affirms Dismissal of Test Case

The Court of Appeals for the Fourth Circuit has affirmed Judge Blake�s decision dismissing ACCG�s test case on Cypriot and Chinese import restrictions on coins. Although the Court conceded that the Guild�s arguments, �are not without a point,� the Court concluded any changes to how the State Department and US Customs administers the Convention on Cultural Property Implementation Act must emanate from Congress and the Executive Branch and not the Courts. Nonetheless, the Court of Appeals indicated that ACCG could still pursue various forfeiture defenses related to the seizure of the specific coins it imported. The ACCG is considering further appellate options afforded under the Court�s rules.

Ancient Coin Trade Fights Back

The Art Newspaper (Oct. 2012) has published an article by Riah Pryor about the ACCG's test case, currently pending before the Fourth Circuit Court of Appeals.   The article correctly notes that one of  ACCG's key complaints is that the applicable regulations " muddl[e] up the place a coin was made with the place it was found."  If the point of import restrictions is to protect archaeological sites in source countries, why has the Government written restrictions based on a coin's place of production rather than its find spot? 

Nathan Elkins, a strident critic of collectors and the coin trade, suggests that the dispute is between "experts and academics on one side and and collectors and dealers on the other," but several more seasoned academics I know have also expressed concern that such over broad restrictions do little but encourage grasping cultural bureaucracies like  those of Cyprus, Greece, Italy, and China to lay claim to any artifact that may have been produced in those countries millenia ago. 

Is this really what protecting archaeological sites should be about?

Oral Argument in ACCG v. U.S. Customs Appeal

The Fourth Circuit Court of Appeals has posted a somewhat hard to hear audio link of the oral argument in the ACCG v. U.S. Customs and Border Protection appeal that took place on September 19, 2012.   The panel included senior Judge Wilkinson, newly appointed Judge Thacker, and U.S. District Court Judge Urbanski, who was sitting by designation.  Samantha Chaifetz represented the Government and I represented the ACCG in the appeal.

Romney Picks Ancient Coin Collector Supporter as VP Choice

Mitt Romney has picked Congressman Paul Ryan as his VP Choice.   Congressman Ryan's office took the lead on a letter to the State Department that expressed concerns about the Italian MOU.  However, it's also worth noting that the letter was a bipartisan one, and the concerns expressed by coin collectors on how State and Customs have abused their statutory authority are non-partisan as well.

More Coins Return to ANS

"Culture Grrl" has additional coverage about more Huntington coins being �repatriated� back to the ANS due to the generosity of a donor.  More good news for the ANS. 

ANS Recaptures Part of HSA Collection

Lee Rosenbaum (aka "Culture Grrl") reports the welcome news that a generous donor has agreed to return some 10,000 coins from the Hispanic Society of America collection back to the American Numismatic Society, where they resided for so many years.

Update (6-20-12):  The New York times has now reported on the generous contribution as well. 

Archaeologists' Mantra Not Applicable to Coins

One of the mantras one hears from the archaeological community is that an artifact without context is worthless from a scholarly perspective.  It's refreshing then to hear from archaeologists that the iconography of coins does indeed give them quite a bit of meaning.  See http://coinarchaeology.blogspot.com/2012/04/call-for-papers-art-in-round-new.html

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?

Spain to Peru: It's Not About the Money, Really

Spain has rejected Peru's claims to the treasure retreived from the Black Swan wreck. According to the Washington Post,

On Thursday, the Peruvian government made an emergency appeal to the U.S. Supreme Court seeking to block transfer of the treasure to give Peru more time to make arguments in U.S. federal court about its claim to being the rightful owner. But that appeal was denied Friday by U.S. Supreme Court Justice Clarence Thomas.

Peru had argued the gold and silver on the ship was mined, refined and minted in its territory, which at the time was part of the Spanish empire.

But Carmen Marcos, deputy director of Spain�s National Museum of Archaeology, said Monday the coins were minted not just in Peru but also in Bolivia, Colombia and Chile. And the whole affair involved in claiming the coins was not about monetary value but rather history, she added. �These coins are not money. They are archaeological pieces,� she told reporters.

For more, see http://www.washingtonpost.com/world/europe/spain-rejects-peruvian-claim-to-shipwreck-treasure/2012/02/27/gIQAFFcfdR_story.html

While this statement will no doubt warm the hearts of archaeologists everywhere, one would hope cash strapped Spain (which is only a little better off than Greece) will consider selling most of the coins after they are properly cleaned and recorded. If the coins really are worth $500 million as reported, why hoard them instead of using proceeds from their sale for the public good?

Archaeology Acknowledges Treasure Act (Sort of)

Archaeology Magazine has publicized a newly discovered Viking coin type of a previously unknown Viking king reported under the UK's Treasure Act. See
http://www.archaeology.org/1203/artifact/silver_viking_coin_king_airdeconut.html

Though the circumstances of the coin's discovery are only briefly mentioned and the fact that it was reported under the Treasure Act is not mentioned at all, it is interesting that the AIA's Magazine is publicising the discovery of an artifact not found in professional archaeological excavations, and under a system of cultural preservation that has be criticised by elements within the archaeological community.

Can a Coin Save a Ship?

The Spanish-American War is often considered to mark the beginning of the ascent of the United States as a world power. Yet, that war is little remembered today, and now one of the few artifacts that remains from that period is in danger of being lost too.

The Protected Cruiser Olympia served as Admiral Dewey's flagship during the battle of Manila Bay, and in 1921 brought the body of the "unknown soldier" back from France, but efforts to preserve her have been marred by a lack of money, mismanagement and even fraud over the years. See http://www.csmonitor.com/From-the-news-wires/2010/0907/USS-Olympia-one-of-a-kind-steel-cruiser-battles-for-survival and http://www.phillyseaport.org/ships_olympia.shtml

A bill has been introduced in Congress to provide for the striking of commemorative coins to help fund a refurbishment, but it is unclear whether the bill will pass or the ship will survive economic realities.

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?

AIA View of CPAC Meeting on Bulgarian and Peruvian MOU

Here is the AIA's view of the Bulgarian and Peruvian MOU hearings: http://www.archaeological.org/news/advocacy/7317

The discussion underscores the ideological nature of the AIA's opposition to collecting. Practical concerns and fairness to small business don't rate for these out of touch academics. They also willfully ignore the fact that the unprovenanced coins they want to restrict are freely available within Bulgaria itself. If collecting unprovenanced coins is such a problem as Bulgaria is concerned, why doesn't the Bulgarian government clamp down on Bulgarian collectors? It won't as that would cause an uproar, but that won't stop the obdurate State Department bureaucrats from clamping down on US collectors.

Instead of clamping down on collectors, how about regulating metal detectors at the source?

The preferred method of regulation, of course, is a system akin to that in Britain, Wales and Scotland, but the CPIA itself requires that the source country try effective regulation of metal detectors before US authorities restrict American's ability to import cultural goods like coins.

For my view of the public meeting, see
http://ordinarymag.blogspot.com/2011/11/public-cpac-meeting-on-belize-and.html

Coin World on Greek Import Restrictions

Coin World has published this straightforward article about the new import restrictions on Greek coins.

Seehttp://www.coinworld.com/articles/mou-results-in-broad-restrictions-by-state-de/

The author might have also added that import restrictions are not only difficult to enforce, but to comply with as well. Under the circumstances, one must again ask why the Obama Administration-- which has promised to curb stupid regulations-- has instead imposed these broad restrictions, particularly when public support is so slim.

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?

Comment Fatigue or Not Collector Voices Need to Be Heard Once Again!

Only one month after seeking comments for a proposed MOU with Bulgaria, the State Department Bureau of Educational and Cultural Affairs and its Cultural Heritage Center have announced another short comment period (this time right in the middle of the Holiday season) for a proposed extension of current import restrictions on coins from Cyprus. See http://www.gpo.gov/fdsys/pkg/FR-2011-12-07/html/2011-31408.htm

Those restrictions currently bar entry into the United States of the following coin types unless they are accompanied with documentation establishing that they were out of Cyprus as of the date of the restrictions, July 16, 2007:

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. (including coins of Alexander the Great, Ptolemy, and his Dynasty)

3. Provincial and local issues of the Roman period from c. 30 B.C. to 235 A.D.

Why bother to comment when the State Department rejected CPAC�s recommendations against import restrictions on Cypriot coins back in 2007 and then misled both Congress and the public about its actions? And isn�t it also true that although the vast majority of public comments recorded have been squarely against import restrictions, the State Department and U.S. Customs have imposed import restrictions on coins anyway, most recently on ancient coins from Greece?

Simply, silence just allows the State Department bureaucrats and their allies in the archaeological establishment to claim that collectors have acquiesced to broad restrictions on their ability to import common ancient coins that are widely available worldwide. And, of course, acquiescence is all that may be needed to justify going back and imposing import restrictions on the Roman Imperial coins that are still exempt from these regulations.

Under the circumstances, please take 5 minutes and tell CPAC, the State Department bureaucrats and the archaeologists what you think.

How do I comment? To submit comments three pages in length or less electronically, go here: http://www.regulations.gov/#!submitComment;D=DOS-2011-0135-0002
If you are having trouble, go to the Federal eRulemaking Portal (http://www.regulations.gov/), enter the Docket No. DOS-2011-0135 for Cyprus, and follow the prompts to submit a comment. To send comments via US Mail or FEDEX see the directions contained in the Federal Register Notice above. For further information, also see http://exchanges.state.gov/heritage/whatsnew.html.

What should I say? The State Department bureaucracy has dictated that any public comments should relate solely to the following statutory criteria:

1. Whether the cultural patrimony of Cyprus is in jeopardy from looting of its archaeological materials;

2. Whether Cyprus has taken measures consistent with the 1970 UNESCO Convention to protect its cultural patrimony;

3. Whether application of U.S. import restrictions, if applied in concert with similar restrictions by other art importing countries, would be of substantial benefit in deterring a serious situation of pillage and that less drastic remedies are not available; and,

4. Whether the application of import restrictions is consistent with the general interest of the international community in the interchange of cultural property among nations for scientific, cultural, and educational purposes.

(See 19 U.S.C. � 2602 (a).)

Yet, collectors can really only speak to what they know. So, tell them what you think within this broad framework. For instance, over time, import restrictions will certainly impact the American public�s ability to study and preserve historical coins and maintain people to people contacts with collectors abroad. Yet, foreign collectors�including collectors in Cyprus�will be able to import coins as before. And, one can also remind CPAC that less drastic remedies, like regulating metal detectors or instituting reporting programs akin to the Treasure Act and Portable Antiquities Scheme, must be tried first.

Be forceful, but polite. We can and should disagree with what the State Department bureaucrats and their allies in the archaeological establishment are doing to our hobby, but we should endeavor to do so in an upstanding manner.

Please submit comments just once, before the deadline on Jan. 3, 2012.