I�ve been critical of Wikiloot, what with its confusion of journalism with activism, the prospects for abuse, and the fact that in the end it is really just another diversion from much needed scrutiny of the poor cultural heritage policies of many source countries. There has been some continuing discussion of the project in the blogosphere, but no indication that Wikiloot remains anything other than a proposal. What has become of Wikiloot?
Neo-Colonialism Alive and Well in Archaeological World?
One academic has raised the provocative question whether neo-colonialism pervades the world of archaeology. Come to think of it, perhaps some of the elements are there. Digs as "campaigns." Exploitation of locals for menial labor. Condemning them for digging artifacts for money, but conveniently looking the other way when the perpetrators are national elites. Supporting the removal of artifacts to national as opposed to local museums. And all in the name of continued access to archaeological sites for careerist gain.
Rome's Bio-Cultural Patrimony Deserves Protection Against Italy's Archaeologists
Italy's state funded archaeologists have their hands full, what with the ruins of Pompeii, the Colosseum, and Nero's Golden House falling down due to underfunding, incompetence and neglect. Yet, instead of facing these big issues, they have declared war on Rome's stray cats and the dedicated volunteers that care for them.
One legend has it that the cats descend from the lions of ancient times. Once eating Christians was disallowed, they adapted by making do with handouts and the occasional mouse and evolved over time to their current dimunitive size.
Whether this legend is true or not, Italian authorities have certainly declared the cats officially part Rome's "bio-cultural patrimony."
So its high time to protect the cats against Italy's archaeologists and cultural bureacrats.
One legend has it that the cats descend from the lions of ancient times. Once eating Christians was disallowed, they adapted by making do with handouts and the occasional mouse and evolved over time to their current dimunitive size.
Whether this legend is true or not, Italian authorities have certainly declared the cats officially part Rome's "bio-cultural patrimony."
So its high time to protect the cats against Italy's archaeologists and cultural bureacrats.
Is the State Department Cultural Heritage Center Worth Funding with Money Borrowed From China?
During one of the presidential debates, Republican Presidential Candidate Mitt Romney said his test for whether a federal program should be continued is whether it was worth funding with money borrowed from China. Whether Romney wins the presidency or President Obama is reelected, the next Administration will face some hard choices about what programs are really worth funding.
If the State Department is forced to start watching its pennies, I'm not sure its Cultural Heritage Center could really justify its worth compared to other worthy State Department programs.
The Center caters exclusively to a small group of academics and foreign cultural heritage bureaucrats. The money it hands out to foreign countries to fund archaeological projects could probably be better spent on things like supplies of clean water or fighting aids.
Moreover, the actual public support for its program to restrict the import of cultural goods is quite slim. And the net result of its activities has simply been to give foreign collectors and cultural goods dealers a competitive advantage. While Americans face stifling red tape requirements that preclude entry of thousands upon thousands of cultural artifacts, foreign collectors and dealers face no such hurdles and go about their business as usual.
Perhaps, the best thing to do would be to eliminate the Cultural Heritage Center and transfer CPAC and the decision making regarding import restrictions to the Department of Commerce. Commerce is well suited for handling trade issues and would likely not take the anti-business stance that seems ingrained in the State Department bureaucracy.
Will this happen anytime soon? No, but hopefully federal budget makers will start asking some hard questions about exactly what the Cultural Heritage Center does for the American taxpayer. Certainly, the Fourth Circuit Court of Appeals recently suggested that it might be time for Congress and the Executive Branch to pay more attention to what the Cultural Heritage Center is doing.
If the State Department is forced to start watching its pennies, I'm not sure its Cultural Heritage Center could really justify its worth compared to other worthy State Department programs.
The Center caters exclusively to a small group of academics and foreign cultural heritage bureaucrats. The money it hands out to foreign countries to fund archaeological projects could probably be better spent on things like supplies of clean water or fighting aids.
Moreover, the actual public support for its program to restrict the import of cultural goods is quite slim. And the net result of its activities has simply been to give foreign collectors and cultural goods dealers a competitive advantage. While Americans face stifling red tape requirements that preclude entry of thousands upon thousands of cultural artifacts, foreign collectors and dealers face no such hurdles and go about their business as usual.
Perhaps, the best thing to do would be to eliminate the Cultural Heritage Center and transfer CPAC and the decision making regarding import restrictions to the Department of Commerce. Commerce is well suited for handling trade issues and would likely not take the anti-business stance that seems ingrained in the State Department bureaucracy.
Will this happen anytime soon? No, but hopefully federal budget makers will start asking some hard questions about exactly what the Cultural Heritage Center does for the American taxpayer. Certainly, the Fourth Circuit Court of Appeals recently suggested that it might be time for Congress and the Executive Branch to pay more attention to what the Cultural Heritage Center is doing.
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.
Fourth Circuit Affirms Dismissal of Test Case
The Court of Appeals for the Fourth Circuit has affirmed Judge Blake�s decision dismissing ACCG�s test case on Cypriot and Chinese import restrictions on coins. Although the Court conceded that the Guild�s arguments, �are not without a point,� the Court concluded any changes to how the State Department and US Customs administers the Convention on Cultural Property Implementation Act must emanate from Congress and the Executive Branch and not the Courts. Nonetheless, the Court of Appeals indicated that ACCG could still pursue various forfeiture defenses related to the seizure of the specific coins it imported. The ACCG is considering further appellate options afforded under the Court�s rules.
Labels:
ACCG,
coins,
CPAC,
CPIA,
Import Restrictions,
State Department,
US Customs
Renewed Motion to Dismiss in Dinosaur Forfeiture Case
In response to the Government's Amended Complaint, my firm, Bailey & Ehrenberg PLLC along with Michael McCullough LLC, have filed a renewed motion to dismiss. The legal basis for the motion is addressed in this supporting memorandum. Pursuant to the Court's September 7, 2012 order, the Government's response is due on or before October 19, 2012 and any reply is due on or before October 30, 2012.
Update (10/17/12): Here is a balanced article on the Government's unfortunate effort to convert this civil action into a criminal one.
Update (10/23/12): Here is our reply brief in support of Claimant's Motion to Dismiss.
Update (10/17/12): Here is a balanced article on the Government's unfortunate effort to convert this civil action into a criminal one.
Update (10/23/12): Here is our reply brief in support of Claimant's Motion to Dismiss.
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