On October 4, 2024 the Department of State finally responded to the ACCG’s Freedom of Information request of November 16, 2021, where we sought any documents on the educational and professional backgrounds justifying the appointments of two “art trade” members of the Cultural Properties Advisory Committee (CPAC). The partially redacted government documents show that NEITHER person had any “art trade” education or experience. Equally tellingly, one government document states that one of the “art trade” members admitted that he “has no experience in the trade and does not collect any cultural property” but that the agency believes that “[t]here is nothing to be done … [even though] we’ve been getting inquiries about the appropriateness of appointment to trade slots.”
While both people are no longer members of the CPAC, these government documents confirm the government’s abject failure to abide by the Cultural Property Implementation Act (CPIA). Not only does 19 U.S.C. § 2605(b)(2)(A) direct appointments to the CPAC “be made in such a manner so as to - ensure fair representation of the various interests of the public sectors and the private sectors,” but 19 U.S.C. § 2605(b)(1)(C) specifically requires that three of the CPAC members "shall be experts in the international sale of archaeological, ethnological, and other cultural property." After recounting that coin associations have complained to the Acting Assistant Secretary and Inspector General that CPAC “slots have gone unfilled and in some cases filled by people that weren’t really of the trade,” one internal government email wished that “[i]t would be good if we can persuade the personnel office to get things rationalized and in order again after the mess that their predecessors made of this.”
Another government document summarized various complaints made about the CPAC: That members of the public criticized current CPAC membership for “failing to meet the parameters in the CPIA and failing to represent important stakeholder groups.” “[C]oin collectors are not pleased that two trade slots … have gone unfilled and that no dealer has served as a trade representative for many years.” And “[r]eligious minority diaspora groups have asked a member … be appointed to a public slot.” While avowing that the agency “can take a leading role helping the White House ensure representation on the Committee that aligns with the law,” the same document also states that the agency is “streamlining the administrative process” by creating “standard evergreen agreement texts that eliminate negotiation every five years.” Yet an “evergreen clause” -- a clause that automatically renews an agreement after its expiration date -- would violate the CPIA’s 19 U.S.C. § 2601(b) requirement that an agreement is only effective for 5 years and 19 U.S.C. § 2605(f)(g)’s requirement that the CPAC must first investigate and review such agreements with a foreign country as well as review their continued effectiveness.
The improper composition of the CPAC has been a long-standing issue that has been repeatedly raised by the ACCG. Besides submitting complaints to the Secretary of State and the Inspector General, the ACCG had to file a FOIA administrative appeal when the State Department initially denied our FOIA request, when it absurdly alleged we failed to “reasonably describe” the records we sought. The State Department’s FOIA production of their documents – after almost a three-year delay – along with the ACCG’s FOIA request and administrative appeal can be found here as these pdfs:
(1) DOS FOIA response letter with redacted documents 10.4.2024.pdf
(2) ACCG FOIA request and administrative appeal RMyers 2021.pdf
