The ACCG has filed a claim of interest to a group of coins minted in China and Cyprus that were seized by US Customs back in 2009. By filing this pleading, the ACCG has placed the the government on notice that it intends to contest the forfeiture proceeding in Court. The ACCG now has twenty-one (21) days to respond to the government's forfeiture complaint.
Showing posts with label Cyprus MOU. Show all posts
Showing posts with label Cyprus MOU. Show all posts
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?
The Obama Record for Collectors: Not a Good One
President Obama's reelection efforts will not rise or fall on his Administration's position on ancient coin collecting, but his record on cultural patrimony issues is worth recounting because of the stark contrast between the Administration's rhetoric and the dismal reality of its actions.
Transparency- The rhetoric: President Obama promised that his Administration would be the most transparent in history. The reality: The Obama State Department has refused to release the most basic information about its decision making on import restrictions on cultural goods. Moreover, the Administration has started closing interim reviews of MOUs. This contrasts with the practice of the Bush Administration, which allowed the public to comment at CPAC meetings whether Italy and Cyprus had met their own obligations under MOU's. For now at least, the public can still comment before MOU's are renewed.
Overregulation of Small Business: The rhetoric: The President claims to be against overregulating small business. The reality: The Obama Administration has extended difficult to comply with import restrictions to Greek and Roman coins from Italy and Greece (the heart of the ancient coin market), and will likely add Bulgarian coins to the list soon as well. In so doing, the Administration has ignored multiple requests for meetings to discuss compliance issues from different coin groups, has offered only condescending responses to bipartisan Congressional inquiries (including one coordinated from the office of Republican VP Candidate Congressman Ryan), and has packed CPAC with academics with little sympathy for such concerns.
China: The rhetoric: The President claims he will be tough on Chinese "cheating." The reality: The Obama State Department has closed a CPAC meeting to discuss the interim review of the Chinese MOU. CPAC should be discussing how import restrictions have done little but empower Chinese auction houses linked to the country's ruling elite, but the State Department will instead likely take advantage of this secrecy to spoon feed CPAC a wildly different version of whether import restrictions have been successful.
Transparency- The rhetoric: President Obama promised that his Administration would be the most transparent in history. The reality: The Obama State Department has refused to release the most basic information about its decision making on import restrictions on cultural goods. Moreover, the Administration has started closing interim reviews of MOUs. This contrasts with the practice of the Bush Administration, which allowed the public to comment at CPAC meetings whether Italy and Cyprus had met their own obligations under MOU's. For now at least, the public can still comment before MOU's are renewed.
Overregulation of Small Business: The rhetoric: The President claims to be against overregulating small business. The reality: The Obama Administration has extended difficult to comply with import restrictions to Greek and Roman coins from Italy and Greece (the heart of the ancient coin market), and will likely add Bulgarian coins to the list soon as well. In so doing, the Administration has ignored multiple requests for meetings to discuss compliance issues from different coin groups, has offered only condescending responses to bipartisan Congressional inquiries (including one coordinated from the office of Republican VP Candidate Congressman Ryan), and has packed CPAC with academics with little sympathy for such concerns.
China: The rhetoric: The President claims he will be tough on Chinese "cheating." The reality: The Obama State Department has closed a CPAC meeting to discuss the interim review of the Chinese MOU. CPAC should be discussing how import restrictions have done little but empower Chinese auction houses linked to the country's ruling elite, but the State Department will instead likely take advantage of this secrecy to spoon feed CPAC a wildly different version of whether import restrictions have been successful.
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.
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?
Cyprus in Breach of MOU with US?
In return for precluding Americans from purchasing undocumented Cypriot antiquities (which means an embargo for all practical purposes for things like coins) Cyprus is supposed to undertake serious efforts to protect its own cultural patrimony. Here is an email that was forwarded to me from a Cypriot coin dealer that alleges that Cyprus has done little to live up to its end of the MOU:
Dear Sir/Madam, I didn't know who else to send this email too so I hope you can forward it to the appropriate parties. I do not hold out much hope that it will make any difference but I have nothing to lose. Regarding the renewal of the Cyprus/USA MOU, it is my belief that Cyprus is in breach of at least 3 of the criteria in article II. Article II/C. states "The Government of the Republic of Cyprus will systematically continue to conduct the inventory of cultural resources in museums, ecclesiastical buildings, private collections and archaeological sites. Every effort should be made to engage all Cypriots in this effort." The last time the Department of Antiquities gave an amnesty for the registration of private collections of antiquities/coins was in 1996. An amendment to the current antiquities law has just been passed and we pressed the DOA and the 'lawmakers' to include another amnesty during this period but the DOA has categorically refused. I don't know if once in the last 16 years can be classed as a 'systematic inventory' but in my opinion it does not! Article II/D. states " The Government of the Republic of Cyprus will make every effort to discourage pillage of cultural resources, and the unauthorized export of such material, through public education programs, including posting appropriate signage at airports, hotels, museums, and other public areas that draw attention to this Memorandum of Understanding and to the cultural heritage protection laws of Cyprus, and introducing initiatives in support of the importance of protecting and preserving the cultural heritage into schools and to the general public." Nothing whatsoever suggested in this paragraph has been implemented. Article II/F. "The Government of the Republic of Cyprus will use its best efforts to allocate sufficient resources for site conservation, museum development, and the adequate conduct of salvage archaeology where there is proposed land development; and to ensure that such development, which can give rise to pillage, is fully monitored by the Department of Antiquities." I wont go into the "adequate conduct of salvage archaeology" as this is a joke in Cyprus. Concerning the "best efforts to allocate sufficient resources for site conservation" I think I have emailed about this before. Apart from a few of the main 'tourist attraction' archaeological sites, 95% of all other sites in Cyprus don't even have the basic deterrents needed to counter looting. In my opinion lighting is the most basic and most important of all deterrents needed and even the main sites do not have this. So, of the 9 criteria listed in the MOU, 5 are the sole responsibility of Cyprus. Of these 5 criteria 3 have DEFINITELY not been met, possibly more.
Dear Sir/Madam, I didn't know who else to send this email too so I hope you can forward it to the appropriate parties. I do not hold out much hope that it will make any difference but I have nothing to lose. Regarding the renewal of the Cyprus/USA MOU, it is my belief that Cyprus is in breach of at least 3 of the criteria in article II. Article II/C. states "The Government of the Republic of Cyprus will systematically continue to conduct the inventory of cultural resources in museums, ecclesiastical buildings, private collections and archaeological sites. Every effort should be made to engage all Cypriots in this effort." The last time the Department of Antiquities gave an amnesty for the registration of private collections of antiquities/coins was in 1996. An amendment to the current antiquities law has just been passed and we pressed the DOA and the 'lawmakers' to include another amnesty during this period but the DOA has categorically refused. I don't know if once in the last 16 years can be classed as a 'systematic inventory' but in my opinion it does not! Article II/D. states " The Government of the Republic of Cyprus will make every effort to discourage pillage of cultural resources, and the unauthorized export of such material, through public education programs, including posting appropriate signage at airports, hotels, museums, and other public areas that draw attention to this Memorandum of Understanding and to the cultural heritage protection laws of Cyprus, and introducing initiatives in support of the importance of protecting and preserving the cultural heritage into schools and to the general public." Nothing whatsoever suggested in this paragraph has been implemented. Article II/F. "The Government of the Republic of Cyprus will use its best efforts to allocate sufficient resources for site conservation, museum development, and the adequate conduct of salvage archaeology where there is proposed land development; and to ensure that such development, which can give rise to pillage, is fully monitored by the Department of Antiquities." I wont go into the "adequate conduct of salvage archaeology" as this is a joke in Cyprus. Concerning the "best efforts to allocate sufficient resources for site conservation" I think I have emailed about this before. Apart from a few of the main 'tourist attraction' archaeological sites, 95% of all other sites in Cyprus don't even have the basic deterrents needed to counter looting. In my opinion lighting is the most basic and most important of all deterrents needed and even the main sites do not have this. So, of the 9 criteria listed in the MOU, 5 are the sole responsibility of Cyprus. Of these 5 criteria 3 have DEFINITELY not been met, possibly more.
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.
Archaeological Blather Obscures Rational Approaches to Metal Detectors
The archaeological blogosphere has been filled with rather colorful denunciations of metal detecting in response to popular TV shows about the practice in both the US and the UK.
Though metal detecting has been widely popular since the 1970's, apparently some archaeologists still can't accept that reality or perhaps the fact that the devices make it easier for amateurs to encroach on their turf.
There is even some real question whether metal detecting really harms archaeology at all. In the UK at least, most metal detecting takes place on ploughed land, i.e., land where the archaeological context has already been disturbed. Second, though metal detectors are becoming more accurate, most metal detectorists still only excavate items found quite near the surface, i.e., an area that archaeologists would in any event likely dig through on their way to far "juicer" strata below.
The issue of metal detectors is also relevant to the State Department's process for imposing import restrictions on coins. Coins can typically only be found with metal detectors. This begs the question why we are imposing import restrictions on all coins of a given type coming here to the United States when it would be far more effective (and fair) to regulate metal detectors at the source. The CPIA is quite clear that self help measures like effective regulation of metal detectors should be tried first before import restrictions, but the State Department regularly reads this requirement out of the CPIA (as it does with most every other requirement).
What does effective regulation look like?
Look no further than Ireland, Scotland, Britain and Wales.
Ireland has banned the use of the metal detector, and critically it did so before the use of the metal detector took off in that country.
In contrast, Scotland has a common law system of treasure trove and Britain and Wales have statutory requirements of the Treasure Act along with the voluntary Portable Antiquities Scheme.
I much prefer these systems to that of Ireland as they encourage the discovery of coins that would otherwise never be found by archaeologists (who are limited in number and who are only interested in relatively few sites) their recordation into a database accessible to all (in Britain and Wales), and depending on the circumstances, their display in museums or their return to finders who can then sell them to collectors who will cherish them.
Yet, I must acknowledge that the Irish system is at least a coherent one.
And what does ineffective regulation look like?
Look no further than Cyprus and Bulgaria.
Each country has laws on the books that in theory at least limit the use of metal detectors, but in practice they are widely used, often right under the nose of the authorities.
In Cyprus, they even turn a blind eye to British tourists bringing them to the Island on holiday.
And to exacerbate the problem, both countries have few, if any incentives for metal detectorists to report their finds, or any coherent system to record them even if they were reported.
Yet, some archaeologists still hold up such countries as some sort of model.
And what of the United States? Here, our Constitution protects our liberty to exploit our own land, but you would not know that from the AIA's indictment of a popular show on Spike TV. I do think that historical artifacts should at least be recorded, but American archaeologists should work with American detectorists to create a system of voluntary recording, rather than making wild claims about their supposed "rights" to control what people do on their own land based upon their self-appointed status as stewards of the past.
Though metal detecting has been widely popular since the 1970's, apparently some archaeologists still can't accept that reality or perhaps the fact that the devices make it easier for amateurs to encroach on their turf.
There is even some real question whether metal detecting really harms archaeology at all. In the UK at least, most metal detecting takes place on ploughed land, i.e., land where the archaeological context has already been disturbed. Second, though metal detectors are becoming more accurate, most metal detectorists still only excavate items found quite near the surface, i.e., an area that archaeologists would in any event likely dig through on their way to far "juicer" strata below.
The issue of metal detectors is also relevant to the State Department's process for imposing import restrictions on coins. Coins can typically only be found with metal detectors. This begs the question why we are imposing import restrictions on all coins of a given type coming here to the United States when it would be far more effective (and fair) to regulate metal detectors at the source. The CPIA is quite clear that self help measures like effective regulation of metal detectors should be tried first before import restrictions, but the State Department regularly reads this requirement out of the CPIA (as it does with most every other requirement).
What does effective regulation look like?
Look no further than Ireland, Scotland, Britain and Wales.
Ireland has banned the use of the metal detector, and critically it did so before the use of the metal detector took off in that country.
In contrast, Scotland has a common law system of treasure trove and Britain and Wales have statutory requirements of the Treasure Act along with the voluntary Portable Antiquities Scheme.
I much prefer these systems to that of Ireland as they encourage the discovery of coins that would otherwise never be found by archaeologists (who are limited in number and who are only interested in relatively few sites) their recordation into a database accessible to all (in Britain and Wales), and depending on the circumstances, their display in museums or their return to finders who can then sell them to collectors who will cherish them.
Yet, I must acknowledge that the Irish system is at least a coherent one.
And what does ineffective regulation look like?
Look no further than Cyprus and Bulgaria.
Each country has laws on the books that in theory at least limit the use of metal detectors, but in practice they are widely used, often right under the nose of the authorities.
In Cyprus, they even turn a blind eye to British tourists bringing them to the Island on holiday.
And to exacerbate the problem, both countries have few, if any incentives for metal detectorists to report their finds, or any coherent system to record them even if they were reported.
Yet, some archaeologists still hold up such countries as some sort of model.
And what of the United States? Here, our Constitution protects our liberty to exploit our own land, but you would not know that from the AIA's indictment of a popular show on Spike TV. I do think that historical artifacts should at least be recorded, but American archaeologists should work with American detectorists to create a system of voluntary recording, rather than making wild claims about their supposed "rights" to control what people do on their own land based upon their self-appointed status as stewards of the past.
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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?
"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?
State Department Indirectly Funding Testimony in Support of Cyprus MOU?
The AIA and archaeo-bloggers are highlighting the fact "[O]ver a dozen experts � former diplomats, scholars, field archaeologists, art historians � testified in the public hearing before the Committee on January 18 (many more submitted letters to the public file at regulations.gov)." http://archaeological.org/news/advocacy/8558#Oral%20Comment
Left unstated was the fact that some 77% of the public comment recorded on the regulations. gov website was either opposed to the extension of the MOU or import restrictions on coins.
Also left unstated was the fact that the President of the Cyprus American Archaeological Research Institute ("CAARI") let it slip that his organization receives State Department funding. That, of course, raises the possibility that US tax dollars are at least indirectly supporting testimony in front of a State Department body in support of import restrictions.
There is a larger question of who or what entity is paying for all the travel costs associated with the cumulative testimony from multiple witnesses representing the same organisations-- CAARI and AIA?
The individuals themselves? If so, I applaud their personal commitment to their cause.
Their Universities? If so, as a parent or student I would be concerned that my tuition dollars are being misused.
The AIA? If so, that would be more understandable, but it does raise other questions about the use of not for profit dollars to lobby on behalf of foreign governments.
The State Department through CAARI? If so, this would raise serious questions indeed.
Left unstated was the fact that some 77% of the public comment recorded on the regulations. gov website was either opposed to the extension of the MOU or import restrictions on coins.
Also left unstated was the fact that the President of the Cyprus American Archaeological Research Institute ("CAARI") let it slip that his organization receives State Department funding. That, of course, raises the possibility that US tax dollars are at least indirectly supporting testimony in front of a State Department body in support of import restrictions.
There is a larger question of who or what entity is paying for all the travel costs associated with the cumulative testimony from multiple witnesses representing the same organisations-- CAARI and AIA?
The individuals themselves? If so, I applaud their personal commitment to their cause.
Their Universities? If so, as a parent or student I would be concerned that my tuition dollars are being misused.
The AIA? If so, that would be more understandable, but it does raise other questions about the use of not for profit dollars to lobby on behalf of foreign governments.
The State Department through CAARI? If so, this would raise serious questions indeed.
Selective Memory
Months after the fact, the AIA has produced this highly selective and rather condescending account of what happened at the CPAC meeting to discuss the renewal of the current MOU with Cyprus. http://archaeological.org/news/advocacy/8558#Oral%20Comment
For a far more complete and hence accurate summary, see my own here: http://ordinarymag.blogspot.com/2012/01/cpac-meeting-on-renewal-of-mou-with.html
Addendum (4/20/12): Archaeo-Bloggers David Gill (Suffolk University) and Nathan Elkins (Baylor University) have publicised the AIA's summary of the CPAC Meeting on Cyprus, but have so far refused to post my comment linking my own far more complete report. Do Suffolk and Baylor support such efforts to suppress alternate views? Is that what Universities are about?
For a far more complete and hence accurate summary, see my own here: http://ordinarymag.blogspot.com/2012/01/cpac-meeting-on-renewal-of-mou-with.html
Addendum (4/20/12): Archaeo-Bloggers David Gill (Suffolk University) and Nathan Elkins (Baylor University) have publicised the AIA's summary of the CPAC Meeting on Cyprus, but have so far refused to post my comment linking my own far more complete report. Do Suffolk and Baylor support such efforts to suppress alternate views? Is that what Universities are about?
CPAC Meeting on Renewal of MOU with Cyprus
The United States Cultural Property Advisory Committee (CPAC) met on January 18, 2012, to discuss the Cypriot MOU. Once again, CPAC Chair Prof. Patty Gerstenblith (PG, DePaul, Public Representative) began by thanking all speakers or those who had provided comments to CPAC. PG was joined by the following CPAC members Katherine Reid (KR, Cleveland Museum (retired)-Museum); Nina Archabal (NA, Minn. Historical Society-Museum); Marta de la Torre (MT- Florida International University, Public); James Willis (JW, James Willis Tribal Art-Trade); Nancy Wilkie (NW-Carlton College, Archaeology); Barbara Bluhm Kaul (BK,Trustee, Art Institute of Chicago- Public); Jane Levine (JL, Sotheby�s Compliance Department (ex-prosecutor)- Trade); and Rosemary Joyce (RJ,U. Cal., Berkley-Anthropology). Two slots, one in archaeology and the other a trade representative, remain vacant. KR, NW and JW also served under the Bush Administration. The others are Obama Appointees though PG and MT also served the Clinton Administration. There was also staff present including CPAC Executive Director Maria Kouroupas, a Committee lawyer, and Committee archaeologists.
The following individuals spoke at the meeting in support of the MOU: Carmen Biucchi (Harvard); Brian Daniels (U. Pennsylvania Cultural Heritage Center); Nathan Elkins (Baylor); Jane Evans (Temple); Raymond Ewing (CAARI); Ellen Hersher (CAARI); Anne Marie Knobloch (Virginia Tech); Laetitia La Follette (U. Mass./ AIA); Andrew McCarthy (CAARI); Joanna Smith (Princeton); Chris Shaegel (U. Cyprus); Tom Kline (Andrews Kurth); Josh Knerly (AAMD).
The following individuals spoke against the MOU: Peter Tompa (IAPN/PNG); Wayne Sayles (ACCG); and Eloise Ullman (ICTA). In addition, 77% of the comments recorded on the regulations.gov website either opposed the MOU or their extension to coins.
Carmen Biucchi (Harvard) indicated that coins provide important documentation of early Cypriot history because there are few written sources. Even low value bronze coins are important because they frequently appear at archaeological sites. We need to all work together to preserve the past. Cypriot coins are relatively uncommon. In response to a question, Biucchi indicated that it is relatively easy to trace expensive coins due to their appearance at auction, but this is not the case for less expensive coins. She also indicated that metal detectors are the problem.
Brian Daniels (U. Penn. Cultural Center) argued for the extension of restrictions to post-Byzantine period ecclesiastical material. He also suggested that US law enforcement pursue better coordination with Cypriot law enforcement, and other countries with strong Greek cultural influence, including Greece itself and Bulgaria.
Nathan Elkins (Baylor) indicated that Cyprus� cultural property is in jeopardy as proven by a recent large seizure of artifacts, which included bronze and silver coins. There is a large market in the US as demonstrated by the fact that 200 Cypriot coins are currently listed on the V-coins website. Most Cypriot coins circulated locally. If you add together a list prepared by Wayne Sayles of coins found outside of Cyprus and a list Elkins compiled of coins from Cypriot contexts, that shows that Cypriot coinage is much more prevalent in Cyprus than outside of Cyprus.
Jane Evans (Temple) also indicated that it was important to continue restrictions on coins because it is important that their context not be lost.
Raymond Ewing is a former ambassador to Cyprus. He now serves a CAARI�s President. CAARI receives funding from the US Department of State, Bureau of Educational and Cultural Affairs and the National Endowment for the Humanities. Import restrictions should be as closely conformed to Cypriot law, that covers artifacts up to 1850, as possible.
Ellen Hersher is a scholar and archaeologist associated with CAARI. Cyprus has been a specialty for over 40 years. Looting is a historical problem in Cyprus. Looting still goes on until today. Looting only declined during the periods of WWI and WWII and during the 1950�s when British forces were involved in anti-insurgency operations. Wealthy Cypriots have collected Cypriot antiquities since the 19th Century. There is no shame in looting in Cyprus. Increasing efforts are being made to educate the populace. There is a great need for a new museum (the current one dates back to Victorian times) to encourage youth to respect their past. Metal detectors continue to be a serious problem; more legislation is needed. The major collections are grandfathered in. It is Ms. Hersher�s opinion that they are no longer adding much material, but most Cypriots don�t think that looting is wrong. We shouldn�t point fingers at Cyprus, but try to fix the problem.
Anne Marie Knobloch is a CAARI board member, who teaches at Virginia Tech. She is also an AIA member. Cyprus has important religious sanctuaries that need to be studied. Virginia Tech offers students the opportunity to excavate in Cyprus and would like to do more with Cypriot students.
Laetitia La Follette is the AIA�s VP for professional responsibility. She is associated with the University of Massachusetts. Looting remains a problem, including for coins. Because ancient coins are handmade, they are all different and may be traced. The AIA can help draft the designated list. The laws in the Greek Cypriot area need to be tightened. The laws in the North are actually stronger.
Andrew McCarthy is a CAARI trustee. Looting has increased since the 1960�s. There is a famous incident where a tomb was set aside as a dowry. The Department of Antiquities is doing its best to fight against looting. A site where McCarthy works has not suffered looting from 2007-2011. There was one incident where looters struck the site, presumably looking for coins. CAARI gives all documentation created from archaeological investigations to the Department of Antiquities. MOU�s can help educate Cypriots about the importance of their heritage.
Joanna Smith of Princeton is a past CAARI Trustee. Cyprus is an academic cross-roads. Cypriot children are being taught about their history and Cyprus sends exhibits abroad.
Chris Shaegel is from the University of Cyprus. He works closely with CAARI. Because there are few manuscripts that predate 1600, the preservation of Cypriot material culture is important. Coins should be protected and the restrictions should be extended further in time. Icons also need protection. There is no internal market in Cyprus.
Peter Tompa spoke for IAPN and PNG, two trade associations that represent the small business of the numismatic trade. Each Committee member must ask themselves whether they can do so in good conscious after considering these undisputed facts: (1) Coins were evidently placed on the designated list on the orders of former Undersecretary Nicholas Burns as a �thank you� to Cypriot advocacy groups which had given him an award; (2) Jay Kislak, CPAC�s former chair, has stated under oath that the State Department misled Congress and the Public about CPAC�s vote against import restrictions on coins: (3)In 2007, the AIA claimed that Cypriot coins �rarely circulated� to justify restrictions on �coins of Cypriot type.� However, a top Cypriot official has admitted that �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�� Moreover, this view has substantial scholarly support; (4) The CPIA requires less drastic remedies to be tried first before import restrictions are imposed, but Cyprus has no coherent regulatory scheme for metal detectors and even allows British tourists to bring them to the Island; and (5) Restrictions imposed on unprovenanced �coins of Cypriot type� only discriminate against American collectors and the small businesses of the numismatic trade; such coins may be shipped from abroad to anywhere but the USA, including Cyprus.
Moreover, he stated that there is no good reason to renew the MOU for yet another 5 years. Cyprus has already had the benefit of restrictions since 1999 on ethnological artifacts and 2002 on archaeological artifacts. Yet, a Swiss scholar reports most looted material goes to wealthy Greek Cypriot collectors, and not as has been maintained to collectors abroad. In addition, all this appears to be done with the full knowledge and acquiescence of Greek Cypriot authorities. Thus, restrictions only discriminate against American collectors.
In response to a question from JW, Tompa indicated it was wrong to so burden the small businesses of the numismatic trade just so archaeologists might occasionally get some relevant information about dating sites from a coin. He also disputed the claim by JL that import restrictions are easy to comply with. He noted that US Customs will not allow entry of coins and other antiquities unless they are pictured in a catalogue that predates restrictions. Thus, even the difficult to obtain certifications are not enough for Customs.
Wayne Sayles indicated that the ACCG represents the interests of the approximately 50,000 serious ancient coin collectors in the United States. The ACCG is interested in fair and equitable application of US law. The CPIA was meant to protect significant artifacts, not everything under the sun. In response to a question from PG, Wayne Sayles indicated that it is unrealistic to ask the small businesses of the numismatic trade to provide provenance information for every coin they import.
Eloise Ullman indicated that most ICTA members have under 5 employees. She also noted that President Obama recently recognized that it is important not to overburden small businesses with paperwork when his administration signed onto an effort to end a burdensome requirement that coin dealers prepare 1099 forms for every purchase over $600.
Tom Kline disclosed that he previously represented Cyprus. He stated that Cyprus is a leader in protecting its own cultural property, but takes a reasonable approach in doing so. The Turkish Republic is an illegal regime so he disputes that DOS look to their laws on antiquities as models. We need higher ethical standards from collectors. The import restrictions on coins should be no big deal because the restrictions only date from 2007. Collectors only have themselves to blame if they do not keep adequate documentation.
Josh Knerly spoke on behalf of the AAMD which supports the MOU with Cyprus with some limited provisos. First, the AAMD would like to know more about a proposal to extend restrictions to new types of ecclesiastical objects. It appears members of the archaeological community know details of the request, but these have not been shared by the public at large. KR asked why no Museum Director was present. Knerly indicated he would determine if some curators with specialized knowledge would be able to testify in the future.
The following individuals spoke at the meeting in support of the MOU: Carmen Biucchi (Harvard); Brian Daniels (U. Pennsylvania Cultural Heritage Center); Nathan Elkins (Baylor); Jane Evans (Temple); Raymond Ewing (CAARI); Ellen Hersher (CAARI); Anne Marie Knobloch (Virginia Tech); Laetitia La Follette (U. Mass./ AIA); Andrew McCarthy (CAARI); Joanna Smith (Princeton); Chris Shaegel (U. Cyprus); Tom Kline (Andrews Kurth); Josh Knerly (AAMD).
The following individuals spoke against the MOU: Peter Tompa (IAPN/PNG); Wayne Sayles (ACCG); and Eloise Ullman (ICTA). In addition, 77% of the comments recorded on the regulations.gov website either opposed the MOU or their extension to coins.
Carmen Biucchi (Harvard) indicated that coins provide important documentation of early Cypriot history because there are few written sources. Even low value bronze coins are important because they frequently appear at archaeological sites. We need to all work together to preserve the past. Cypriot coins are relatively uncommon. In response to a question, Biucchi indicated that it is relatively easy to trace expensive coins due to their appearance at auction, but this is not the case for less expensive coins. She also indicated that metal detectors are the problem.
Brian Daniels (U. Penn. Cultural Center) argued for the extension of restrictions to post-Byzantine period ecclesiastical material. He also suggested that US law enforcement pursue better coordination with Cypriot law enforcement, and other countries with strong Greek cultural influence, including Greece itself and Bulgaria.
Nathan Elkins (Baylor) indicated that Cyprus� cultural property is in jeopardy as proven by a recent large seizure of artifacts, which included bronze and silver coins. There is a large market in the US as demonstrated by the fact that 200 Cypriot coins are currently listed on the V-coins website. Most Cypriot coins circulated locally. If you add together a list prepared by Wayne Sayles of coins found outside of Cyprus and a list Elkins compiled of coins from Cypriot contexts, that shows that Cypriot coinage is much more prevalent in Cyprus than outside of Cyprus.
Jane Evans (Temple) also indicated that it was important to continue restrictions on coins because it is important that their context not be lost.
Raymond Ewing is a former ambassador to Cyprus. He now serves a CAARI�s President. CAARI receives funding from the US Department of State, Bureau of Educational and Cultural Affairs and the National Endowment for the Humanities. Import restrictions should be as closely conformed to Cypriot law, that covers artifacts up to 1850, as possible.
Ellen Hersher is a scholar and archaeologist associated with CAARI. Cyprus has been a specialty for over 40 years. Looting is a historical problem in Cyprus. Looting still goes on until today. Looting only declined during the periods of WWI and WWII and during the 1950�s when British forces were involved in anti-insurgency operations. Wealthy Cypriots have collected Cypriot antiquities since the 19th Century. There is no shame in looting in Cyprus. Increasing efforts are being made to educate the populace. There is a great need for a new museum (the current one dates back to Victorian times) to encourage youth to respect their past. Metal detectors continue to be a serious problem; more legislation is needed. The major collections are grandfathered in. It is Ms. Hersher�s opinion that they are no longer adding much material, but most Cypriots don�t think that looting is wrong. We shouldn�t point fingers at Cyprus, but try to fix the problem.
Anne Marie Knobloch is a CAARI board member, who teaches at Virginia Tech. She is also an AIA member. Cyprus has important religious sanctuaries that need to be studied. Virginia Tech offers students the opportunity to excavate in Cyprus and would like to do more with Cypriot students.
Laetitia La Follette is the AIA�s VP for professional responsibility. She is associated with the University of Massachusetts. Looting remains a problem, including for coins. Because ancient coins are handmade, they are all different and may be traced. The AIA can help draft the designated list. The laws in the Greek Cypriot area need to be tightened. The laws in the North are actually stronger.
Andrew McCarthy is a CAARI trustee. Looting has increased since the 1960�s. There is a famous incident where a tomb was set aside as a dowry. The Department of Antiquities is doing its best to fight against looting. A site where McCarthy works has not suffered looting from 2007-2011. There was one incident where looters struck the site, presumably looking for coins. CAARI gives all documentation created from archaeological investigations to the Department of Antiquities. MOU�s can help educate Cypriots about the importance of their heritage.
Joanna Smith of Princeton is a past CAARI Trustee. Cyprus is an academic cross-roads. Cypriot children are being taught about their history and Cyprus sends exhibits abroad.
Chris Shaegel is from the University of Cyprus. He works closely with CAARI. Because there are few manuscripts that predate 1600, the preservation of Cypriot material culture is important. Coins should be protected and the restrictions should be extended further in time. Icons also need protection. There is no internal market in Cyprus.
Peter Tompa spoke for IAPN and PNG, two trade associations that represent the small business of the numismatic trade. Each Committee member must ask themselves whether they can do so in good conscious after considering these undisputed facts: (1) Coins were evidently placed on the designated list on the orders of former Undersecretary Nicholas Burns as a �thank you� to Cypriot advocacy groups which had given him an award; (2) Jay Kislak, CPAC�s former chair, has stated under oath that the State Department misled Congress and the Public about CPAC�s vote against import restrictions on coins: (3)In 2007, the AIA claimed that Cypriot coins �rarely circulated� to justify restrictions on �coins of Cypriot type.� However, a top Cypriot official has admitted that �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�� Moreover, this view has substantial scholarly support; (4) The CPIA requires less drastic remedies to be tried first before import restrictions are imposed, but Cyprus has no coherent regulatory scheme for metal detectors and even allows British tourists to bring them to the Island; and (5) Restrictions imposed on unprovenanced �coins of Cypriot type� only discriminate against American collectors and the small businesses of the numismatic trade; such coins may be shipped from abroad to anywhere but the USA, including Cyprus.
Moreover, he stated that there is no good reason to renew the MOU for yet another 5 years. Cyprus has already had the benefit of restrictions since 1999 on ethnological artifacts and 2002 on archaeological artifacts. Yet, a Swiss scholar reports most looted material goes to wealthy Greek Cypriot collectors, and not as has been maintained to collectors abroad. In addition, all this appears to be done with the full knowledge and acquiescence of Greek Cypriot authorities. Thus, restrictions only discriminate against American collectors.
In response to a question from JW, Tompa indicated it was wrong to so burden the small businesses of the numismatic trade just so archaeologists might occasionally get some relevant information about dating sites from a coin. He also disputed the claim by JL that import restrictions are easy to comply with. He noted that US Customs will not allow entry of coins and other antiquities unless they are pictured in a catalogue that predates restrictions. Thus, even the difficult to obtain certifications are not enough for Customs.
Wayne Sayles indicated that the ACCG represents the interests of the approximately 50,000 serious ancient coin collectors in the United States. The ACCG is interested in fair and equitable application of US law. The CPIA was meant to protect significant artifacts, not everything under the sun. In response to a question from PG, Wayne Sayles indicated that it is unrealistic to ask the small businesses of the numismatic trade to provide provenance information for every coin they import.
Eloise Ullman indicated that most ICTA members have under 5 employees. She also noted that President Obama recently recognized that it is important not to overburden small businesses with paperwork when his administration signed onto an effort to end a burdensome requirement that coin dealers prepare 1099 forms for every purchase over $600.
Tom Kline disclosed that he previously represented Cyprus. He stated that Cyprus is a leader in protecting its own cultural property, but takes a reasonable approach in doing so. The Turkish Republic is an illegal regime so he disputes that DOS look to their laws on antiquities as models. We need higher ethical standards from collectors. The import restrictions on coins should be no big deal because the restrictions only date from 2007. Collectors only have themselves to blame if they do not keep adequate documentation.
Josh Knerly spoke on behalf of the AAMD which supports the MOU with Cyprus with some limited provisos. First, the AAMD would like to know more about a proposal to extend restrictions to new types of ecclesiastical objects. It appears members of the archaeological community know details of the request, but these have not been shared by the public at large. KR asked why no Museum Director was present. Knerly indicated he would determine if some curators with specialized knowledge would be able to testify in the future.
Labels:
ACCG,
ancient coins,
CAARI,
CPAC,
Cyprus MOU,
ECA,
Import Restrictions
Renewal of Import Restrictions on Cypriot Coins Being Considered
The ACCG has issued this press release about the recent CPAC hearing about the potential renewal of the Cypriot MOU: http://www.sacbee.com/2012/01/24/4210900/renewal-of-us-import-restrictions.html
I hope to post a summary of the meeting on this blog as soon as my schedule permits me to review my notes.
I hope to post a summary of the meeting on this blog as soon as my schedule permits me to review my notes.
There is No Reason for CPAC to Change its Recommendations on Coins
Here is my prepared oral statement regarding the proposed renewal of the MOU with Cyprus:
I�m speaking on behalf of IAPN and PNG, which represent the small businesses of the numismatic trade. In many ways, this hearing is a much greater test for CPAC than for coin collectors. Prior committees have twice recommended against import restrictions on coins for good reason. Yet, there will certainly be pressure to change course and to fall into line with the State Department�s controversial 2007 decision to impose import restrictions on �coins of Cypriot type.�
Each Committee member must ask themselves whether they can do so in good conscience after considering these undisputed facts, particularly because the restrictions at issue can lead to civil or criminal liability for American collectors and the American small businesses of the numismatic trade, including seizure of their coins:
1. Coins were evidently placed on the designated list on the orders of former Undersecretary Nicholas Burns � now of Harvard University�s Kennedy School-- as a �thank you� to Cypriot advocacy groups which had given him an award;
2. Jay Kislak, CPAC�s former chair, has stated under oath that the State Department misled Congress and the Public about CPAC�s vote against import restrictions on coins;
3. In 2007, the AIA claimed that Cypriot coins �rarely circulated� to justify restrictions on �coins of Cypriot type.� However, a top Cypriot official has admitted that �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�� Moreover, this view has substantial scholarly support, as set forth in our papers;
4. The CPIA requires less drastic remedies to be tried first before import restrictions are imposed, but Cyprus has no coherent regulatory scheme for metal detectors and even allows British tourists to bring them to the Island;
5. Restrictions imposed on unprovenanced �coins of Cypriot type� only discriminate against American collectors and the small businesses of the numismatic trade; such coins may be shipped from abroad to anywhere but the USA, including Cyprus.
Moreover, there is no good reason to renew the MOU for yet another 5 years. Cyprus has already had the benefit of restrictions since 1999 on ethnological artifacts and 2002 on archaeological artifacts. Yet, a Swiss scholar reports most looted material goes to wealthy Greek Cypriot collectors, and not as has been maintained to collectors abroad. In addition, all this appears to be done with the full knowledge and acquiescence of Greek Cypriot authorities. Under the circumstances, why should the US burden its own citizens and small businesses with such restrictions? To do so will only reward Cypriot authorities for their own hypocrisy and thus make a mockery of the supposed purpose of such MOU�s to protect archaeological context.
In sum, please give heed to the 77% of the public comments posted on the regulations.gov website opposed to import restrictions on coins. Thank you.
I�m speaking on behalf of IAPN and PNG, which represent the small businesses of the numismatic trade. In many ways, this hearing is a much greater test for CPAC than for coin collectors. Prior committees have twice recommended against import restrictions on coins for good reason. Yet, there will certainly be pressure to change course and to fall into line with the State Department�s controversial 2007 decision to impose import restrictions on �coins of Cypriot type.�
Each Committee member must ask themselves whether they can do so in good conscience after considering these undisputed facts, particularly because the restrictions at issue can lead to civil or criminal liability for American collectors and the American small businesses of the numismatic trade, including seizure of their coins:
1. Coins were evidently placed on the designated list on the orders of former Undersecretary Nicholas Burns � now of Harvard University�s Kennedy School-- as a �thank you� to Cypriot advocacy groups which had given him an award;
2. Jay Kislak, CPAC�s former chair, has stated under oath that the State Department misled Congress and the Public about CPAC�s vote against import restrictions on coins;
3. In 2007, the AIA claimed that Cypriot coins �rarely circulated� to justify restrictions on �coins of Cypriot type.� However, a top Cypriot official has admitted that �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�� Moreover, this view has substantial scholarly support, as set forth in our papers;
4. The CPIA requires less drastic remedies to be tried first before import restrictions are imposed, but Cyprus has no coherent regulatory scheme for metal detectors and even allows British tourists to bring them to the Island;
5. Restrictions imposed on unprovenanced �coins of Cypriot type� only discriminate against American collectors and the small businesses of the numismatic trade; such coins may be shipped from abroad to anywhere but the USA, including Cyprus.
Moreover, there is no good reason to renew the MOU for yet another 5 years. Cyprus has already had the benefit of restrictions since 1999 on ethnological artifacts and 2002 on archaeological artifacts. Yet, a Swiss scholar reports most looted material goes to wealthy Greek Cypriot collectors, and not as has been maintained to collectors abroad. In addition, all this appears to be done with the full knowledge and acquiescence of Greek Cypriot authorities. Under the circumstances, why should the US burden its own citizens and small businesses with such restrictions? To do so will only reward Cypriot authorities for their own hypocrisy and thus make a mockery of the supposed purpose of such MOU�s to protect archaeological context.
In sum, please give heed to the 77% of the public comments posted on the regulations.gov website opposed to import restrictions on coins. Thank you.
Hangers-On?
While some archaeo-bloggers are claiming that the 20% or so of the comments in favor of the extension of the MOU with Cyprus are somehow more profound than the 77% opposed (as if this makes up for the deficit), what they don't say, but which should be readily apparent from reviewing the comments is that virtually all those supporting the MOU are either archaeologists that depend on excavation permits from the Cypriot government to maintain their livelihoods, or are individuals or institutions otherwise dependent on the good graces of the Cypriot authorities to conduct their work.
That is not to say that the views of these individuals are not sincere. However, the fact that Cypriot authorities can easily monitor comments on the regulations.gov website may very well color what these individuals say, and thus make it even less likely that they will say anything at all that might depart from the Cypriot Government "party line."
For instance, do any of them so much as acknowledge what everyone knows-- that wealthy Greek Cypriot collectors are the major consumers of recently excavated antiquities on the Island and that they collect with the full knowledge and approval of Greek Cypriot authorities? Of course not.
In addition, the exceptionally low level of public support and its linkage almost exclusively to such "hangers-on" again suggests that the State Department's import restrictions regime is little more than a special interest program for archaeologists and other academic institutions that do business in Cyprus.
That is not to say that the views of these individuals are not sincere. However, the fact that Cypriot authorities can easily monitor comments on the regulations.gov website may very well color what these individuals say, and thus make it even less likely that they will say anything at all that might depart from the Cypriot Government "party line."
For instance, do any of them so much as acknowledge what everyone knows-- that wealthy Greek Cypriot collectors are the major consumers of recently excavated antiquities on the Island and that they collect with the full knowledge and approval of Greek Cypriot authorities? Of course not.
In addition, the exceptionally low level of public support and its linkage almost exclusively to such "hangers-on" again suggests that the State Department's import restrictions regime is little more than a special interest program for archaeologists and other academic institutions that do business in Cyprus.
77% of Posted Comments Against Renewal of Cypriot MOU
John Hooker has performed the following analysis of the 338 comments posted on the regulations.gov website in response to the State Department's invitation to comment on the proposed renewal of the MOU with Cyprus:
The following results are rounded to 1% and are accurate to within 0.5%
Against the renewal of the MoU: 77%
For the renewal: 20%
This breaks down over the coin issue thus:
Those against the renewal that mentioned coins: 71%
Those against the renewal that did not mention coins: 6%
Those for the renewal that mentioned coins: 8%
Those for the renewal that did not mention coins: 12%
Inappropriate responses (6 people thought they were responding to a Peru MoU, one to the Bulgarian MoU): 3%
The following results are rounded to 1% and are accurate to within 0.5%
Against the renewal of the MoU: 77%
For the renewal: 20%
This breaks down over the coin issue thus:
Those against the renewal that mentioned coins: 71%
Those against the renewal that did not mention coins: 6%
Those for the renewal that mentioned coins: 8%
Those for the renewal that did not mention coins: 12%
Inappropriate responses (6 people thought they were responding to a Peru MoU, one to the Bulgarian MoU): 3%
Turnabout is Fair Play
Archaeo-Blogger Paul Barford has sought to make sport of the heartfelt comments of ancient coin collectors opposed to the extension of the MOU with Cyprus. Accordingly, his own comments to CPAC deserve at least some scrutiny.
Barford has stated to CPAC:
As somebody deeply concerned about the illicit international trade in antiquities and other cultural property and the role of US dealers and collectors in this, I support the renewal of the MOU with Cyprus to help curb the movement of illicit antiquities across US borders by increased scrutiny of imports as per Art. 3 of the 1970 UNESCO Convention and the CCPIA. It gives out a strong message of US commitment to equable [sic] relations with the international community in such matters.
Comment: I don't doubt Mr. Barford's sincerity, but it should also be noted that Barford is apparently a contractor for UNESCO. This is at least as relevant to the validity of his views as his claims that US Dealers and collectors are motivated by financial interests in their opposition to these MOU's. It's interesting that Barford suggests that MOU's "give[] out a strong message of US Commitment to equable [equitable?] relations when these MOU's impose restrictions on Americans not borne by others including collectors in Cyprus.
The rich cultural heritage of Cyprus continues to be seriously threatened by looters who, in defiance of antiquity preservation laws, are systematically and clandestinely stripping sites of collectable items many of which are destined for sale on foreign markets. Cyprus applies the measures envisaged in the Convention to attempt to combat this looting but the financial temptations of the international no-questions asked market for smuggled goods (and the US market plays a potentially big role) encourage criminals to try and subvert these efforts.
Comment: A Swiss academic who has studied the issue has concluded that most looted artifacts no longer go abroad and instead go into collections of wealthy Cypriot collectors with the full knowledge and acquiescence of Cypriot authorities. Under the circumstances, Greek Cypriot Government propaganda repeated here masks a different truth.
I would ask the CPAC to urge the appropriate US authorities to pay especial attention to the US trade (both across the country�s borders as well as internally) in what the trade persists in calling �minor antiquities�, and in particular in dug-up coins. Coins like any other archaeological artefacts illegally taken out of the archaeological record and unlawfully exported cannot be exempt from scrutiny. Yet this is what the people who profit from trading this type of material would apparently like to see. It cannot fail to escape the notice of the CPAC that US coin dealers and their lobbyists are currently engaged in active opposition to the imposition of import controls on items without documentation of lawful export (19 U.S.C. 2606) which can only draw attention to the current form of the market for such items in the US. The comments in this docket include those of a few hundred collectors (among the 50 000 collectors of ancient coins the lobby group the Ancient Coin Collectors� Guild claims). They, fired up by the alarmist rhetoric of the dealers� lobbyists, oppose restricting imports onto the US market to only those with documentation of what the CCPIA considers to be lawful export. Their collective voice in favour of the reintroduction of an unrestricted flow onto the US market of freshly imported archaeological artefacts such as ancient coins without documentation of lawful export shows why it is so important that US vigilance is maintained.
Comment: Barford misstates the impact of import restrictions and thus mischaraterizes the nature of the opposition. Barford suggests that restrictions only impact freshly imported archaeological artifacts from Cyprus. In fact, import restrictions impact all imports of coins of Cypriot type from legitimate markets abroad. Such restrictions are grossly overbroad. Coins legitimately for sale in the UK or Germany cannot be imported under these restrictions without detailed documentation that does not exist for most ancient coins. Even worse, US Customs has evidently taken the position that coins of Cypriot type on the designated list may only be imported if they are pictured in an auction catalogue predating the 2007 restrictions. This bars entry of virtually all Cypriot coins. In addition, the "current form of the market in the US" Barford complains about is no different than the "current form of the market" in the EU, of which Cyprus is a part. As such, restrictions only discriminate against American citizens.
Barford has stated to CPAC:
As somebody deeply concerned about the illicit international trade in antiquities and other cultural property and the role of US dealers and collectors in this, I support the renewal of the MOU with Cyprus to help curb the movement of illicit antiquities across US borders by increased scrutiny of imports as per Art. 3 of the 1970 UNESCO Convention and the CCPIA. It gives out a strong message of US commitment to equable [sic] relations with the international community in such matters.
Comment: I don't doubt Mr. Barford's sincerity, but it should also be noted that Barford is apparently a contractor for UNESCO. This is at least as relevant to the validity of his views as his claims that US Dealers and collectors are motivated by financial interests in their opposition to these MOU's. It's interesting that Barford suggests that MOU's "give[] out a strong message of US Commitment to equable [equitable?] relations when these MOU's impose restrictions on Americans not borne by others including collectors in Cyprus.
The rich cultural heritage of Cyprus continues to be seriously threatened by looters who, in defiance of antiquity preservation laws, are systematically and clandestinely stripping sites of collectable items many of which are destined for sale on foreign markets. Cyprus applies the measures envisaged in the Convention to attempt to combat this looting but the financial temptations of the international no-questions asked market for smuggled goods (and the US market plays a potentially big role) encourage criminals to try and subvert these efforts.
Comment: A Swiss academic who has studied the issue has concluded that most looted artifacts no longer go abroad and instead go into collections of wealthy Cypriot collectors with the full knowledge and acquiescence of Cypriot authorities. Under the circumstances, Greek Cypriot Government propaganda repeated here masks a different truth.
I would ask the CPAC to urge the appropriate US authorities to pay especial attention to the US trade (both across the country�s borders as well as internally) in what the trade persists in calling �minor antiquities�, and in particular in dug-up coins. Coins like any other archaeological artefacts illegally taken out of the archaeological record and unlawfully exported cannot be exempt from scrutiny. Yet this is what the people who profit from trading this type of material would apparently like to see. It cannot fail to escape the notice of the CPAC that US coin dealers and their lobbyists are currently engaged in active opposition to the imposition of import controls on items without documentation of lawful export (19 U.S.C. 2606) which can only draw attention to the current form of the market for such items in the US. The comments in this docket include those of a few hundred collectors (among the 50 000 collectors of ancient coins the lobby group the Ancient Coin Collectors� Guild claims). They, fired up by the alarmist rhetoric of the dealers� lobbyists, oppose restricting imports onto the US market to only those with documentation of what the CCPIA considers to be lawful export. Their collective voice in favour of the reintroduction of an unrestricted flow onto the US market of freshly imported archaeological artefacts such as ancient coins without documentation of lawful export shows why it is so important that US vigilance is maintained.
Comment: Barford misstates the impact of import restrictions and thus mischaraterizes the nature of the opposition. Barford suggests that restrictions only impact freshly imported archaeological artifacts from Cyprus. In fact, import restrictions impact all imports of coins of Cypriot type from legitimate markets abroad. Such restrictions are grossly overbroad. Coins legitimately for sale in the UK or Germany cannot be imported under these restrictions without detailed documentation that does not exist for most ancient coins. Even worse, US Customs has evidently taken the position that coins of Cypriot type on the designated list may only be imported if they are pictured in an auction catalogue predating the 2007 restrictions. This bars entry of virtually all Cypriot coins. In addition, the "current form of the market in the US" Barford complains about is no different than the "current form of the market" in the EU, of which Cyprus is a part. As such, restrictions only discriminate against American citizens.
The US needs to maintain their [sic] tough stance with anyone attempting to abuse the system and continue to seize illicitly-exported material of this type at the US borders (in accordance with the measures envisaged by the 1970 Convention), and in doing so help make international controls on the movement of illicit artefacts more effective.
Closer scrutiny of archaeological and ethnographic material of Cypriot origin crossing US borders is a non-drastic means of providing this help and respecting the obligations of the USA and other states parties under the 1970 UNESCO Convention.
Comment: US Customs already has plenty of tools at its disposal to interdict artifacts looted from Cyprus (including claims of smuggling and theft) without resort to grossly overbroad restrictions that only discriminate against American citizens. If such restrictions are such a good idea, how come only the US applies them? And if Mr. Barford is so concerned about Cypriot cultural heritage, shouldn't he spend at least as much time railing against corrupt Cypriot practices as he does against American collectors?
ACCG Comments to CPAC
ACCG Comments on Cyprus MOU Renewal Request
ACCG comment has been submitted to CPAC
By Wayne G. Sayles
December 26, 2011
The ACCG has submitted formal written comment to the Cultural Property Advisory Committee regarding the consideration of extension to the Memorandum of Understanding with Cyprus. The present MOU added ancient coins to the list of restricted items in 2007. The guild will be represented at this hearing by Wayne G. Sayles, ACCG Executive Director.
The deadline for public comment is January 3, 2012 and all members and interested parties are encouraged to comment online at:
http://r20.rs6.net/tn.jsp?llr=i6gbilcab&et=1108968579110&s=0&e=001KF8fwa5AljruuAP2RWzzMmvmwcyrvx-sPPUcl4UpJUz6ieGuK-SyLVmycAvqkbJerT3UZKfR8MDwxThCO4ytRLS0WRMDSud0RAHiyqxyhVv_Iej_d_knynNSvnPiizK1KGtss9kBrd9l89IUMQOzLs3posKZWaDn-YZQW8Mkeqs=
For a PDF download of the ACCG submission Click Here
For a direct link, to the above see http://www.accg.us/News/Item/ACCG_Comments_on_Cyprus_MOU_Renewal_Request.aspx
ACCG comment has been submitted to CPAC
By Wayne G. Sayles
December 26, 2011
The ACCG has submitted formal written comment to the Cultural Property Advisory Committee regarding the consideration of extension to the Memorandum of Understanding with Cyprus. The present MOU added ancient coins to the list of restricted items in 2007. The guild will be represented at this hearing by Wayne G. Sayles, ACCG Executive Director.
The deadline for public comment is January 3, 2012 and all members and interested parties are encouraged to comment online at:
http://r20.rs6.net/tn.jsp?llr=i6gbilcab&et=1108968579110&s=0&e=001KF8fwa5AljruuAP2RWzzMmvmwcyrvx-sPPUcl4UpJUz6ieGuK-SyLVmycAvqkbJerT3UZKfR8MDwxThCO4ytRLS0WRMDSud0RAHiyqxyhVv_Iej_d_knynNSvnPiizK1KGtss9kBrd9l89IUMQOzLs3posKZWaDn-YZQW8Mkeqs=
For a PDF download of the ACCG submission Click Here
For a direct link, to the above see http://www.accg.us/News/Item/ACCG_Comments_on_Cyprus_MOU_Renewal_Request.aspx
My Own Comments to CPAC
Dear Prof. Gerstenblith and CPAC:
I am writing on my own behalf, and will be submitting comments on behalf of IAPN and PNG shortly. CPAC recommended against import restrictions on Cypriot coins twice. There is no reason for this to change, and if anything, there is every reason to recommend that the current MOU with Cyprus be terminated.
As to coins, scholarly evidence proves that one cannot assume that coins of Cypriot type only circulated within the Island as has been claimed to justify restrictions. If one cannot assume that Cypriot coins only circulated on the Island, one cannot legally impose import restrictions which by law must apply only to artifacts first discovered in and be subject to the export control of Cyprus.
Moreover, there is no reason to renew the MOU for another 5 years. Cyprus has already had the benefit of restrictions since 1999 on ethnological artifacts and 2002 on archaeological artifacts. Cyprus claims that restrictions are needed because of looting on the occupied side of the Island, but a Swiss scholar who has studied the issue indicates most looted material from both the Turkish and Greek sides of the Island goes to wealthy Greek Cypriot collectors, and not as has been maintained to collectors abroad. In addition, all this appears to be done with the full knowledge and acquiescence of Greek Cypriot authorities. Under the circumstances, why should the US burden its own citizens and small businesses with such restrictions? To do so will only reward Cypriot authorities for their own considerable hypocrisy and thus make a mockery of the supposed purpose of such MOU�s to protect archaeological context.
Thank you for your consideration of my views.
I am writing on my own behalf, and will be submitting comments on behalf of IAPN and PNG shortly. CPAC recommended against import restrictions on Cypriot coins twice. There is no reason for this to change, and if anything, there is every reason to recommend that the current MOU with Cyprus be terminated.
As to coins, scholarly evidence proves that one cannot assume that coins of Cypriot type only circulated within the Island as has been claimed to justify restrictions. If one cannot assume that Cypriot coins only circulated on the Island, one cannot legally impose import restrictions which by law must apply only to artifacts first discovered in and be subject to the export control of Cyprus.
Moreover, there is no reason to renew the MOU for another 5 years. Cyprus has already had the benefit of restrictions since 1999 on ethnological artifacts and 2002 on archaeological artifacts. Cyprus claims that restrictions are needed because of looting on the occupied side of the Island, but a Swiss scholar who has studied the issue indicates most looted material from both the Turkish and Greek sides of the Island goes to wealthy Greek Cypriot collectors, and not as has been maintained to collectors abroad. In addition, all this appears to be done with the full knowledge and acquiescence of Greek Cypriot authorities. Under the circumstances, why should the US burden its own citizens and small businesses with such restrictions? To do so will only reward Cypriot authorities for their own considerable hypocrisy and thus make a mockery of the supposed purpose of such MOU�s to protect archaeological context.
Thank you for your consideration of my views.
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?
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?
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