The latest hearing of the Cultural Property Advisory Committee (CPAC) took place via a Zoom meeting on the afternoon of May 20, despite concerted efforts by groups such as the International Association of Professional Numismatists (IAPN) and the Ancient Coin Collectors Guild (ACCG) to have it further postponed. The hearing had already been delayed from January by order of the new administration, and the further continuance was requested to accommodate the inevitable appointment of new Committee members. This request was denied.
The hearing covered the renewal of Memoranda of Understanding (MOU) with Italy, Morocco, Chile, and Costa Rica, as well as the establishment of a new MOU with Vietnam. The renewal of the Italy MOU was particularly disturbing, as the current version does not expire until next year. Equally problematic was the concern that the new version might be expanded to prohibit the importing of Roman Republican and Imperial coins, a ban that would be extremely far outside the scope of the intent of the Cultural Property Implementation Act (CPIA), which is the legislation that authorizes these agreements in the first place.
Comments that had been originally submitted prior to the previously scheduled hearing were supposed to be considered by CPAC, and subsequently, a relatively small number of new comments were posted. The hearing itself incorporated comments from members of the public, though fewer people than usual spoke during the session.
Comments for and against the MOUs were evenly split. None of the supporters spoke in favor of all five of the MOUs, nor did any of them specifically mention the issue of including coins in the memoranda. Opponents directed virtually all of their comments against including coins in the agreements.
Speaking in support of the Italy and Morocco renewals, as well as the new Vietnam MOU, Omur Harmansuh, Vice President of Cultural Heritage at the Archeological Institute of America, stated that each country’s archeological heritage was in jeopardy. While he stated that a recent UNESCO report found that large-scale looting was on ongoing in Vietnam, data he cited relating to Italy and Morocco dated back five years. He also stated that all three countries have taken steps of their own to protect their cultural patrimony, specifically noting that Morocco and Vietnam have passed laws intended to protect cultural items.
Frances Hayashida, the Director of the Latin American and Iberian Institute at the University of New Mexico, spoke in favor of renewing the MOU with Chile. She stated artifacts were still being looted from Chilean sites despite strong efforts by Chilean authorities to stop the practice. She noted that the current import restrictions have not limited intellectual exchanges between scholars in Chile and the U.S.
Scott Palumbo, an individual who stated that he had participated in archeological work in Costa Rica, spoke in support of renewing the MOU with that nation. He stated that the country’s archeological heritage remains in considerable jeopardy, citing his own observations of extensive looting at historical sites. He referenced the existence of a large archeological society in Costa Rica. He even noted that the country was running out room to store looted items it has recovered. He added that the current MOU had not interfered with intellectual exchanges
Finally, Ben Utting, who described himself as an archeologist specializing in southeast Asia, spoke in support of the new MOU with Vietnam, which he said would stop the flow of black market antiquities into the U.S. and would also encourage Vietnamese authorities to expand their own efforts, though he noted that it was impossible for Vietnam to protect all its historical sites.
Speaking against all five MOUs being applied to coins was Peter Tompa, the Executive Director of IAPN. He began by focusing on the renewal of the agreement with Italy, saying that CPAC needed to consider a new paradigm to facilitate the lawful trade in coins from that country, in line with existing regulations in Italy’s own laws. He pointed out that Italy has a large, legal trade in ancient coins. He specifically opposed expanding the designated list of illegal items to include Roman Republican and Imperial coins, as it cannot be assumed that such items are Italian property. In fact, only 5.24% of Roman Imperial coin hoards are found in Italy itself. It makes no sense to block the exporting of items that are legally for sale within Italy, and further, the exporting of these coins from other European Union countries should also be acceptable.
Mr. Tompa turned to the proposed new Vietnam MOU, noting that this nation also allows the sale of coins within the country. He also discussed the frequent interplay between ancient Chinese and Vietnamese coins, which are often quite similar and are sold legally within both countries. The current MOU with China does not place restrictions on importing these coins made after the Tang Dynasty. He added that French colonial coins minted in France or the US for Vietnam should also be excluded from any agreement. As for Morocco, most ancient coins found within that country circulated widely and were primarily minted elsewhere, disqualifying them from inclusion in any MOU. Nor should there be any restrictions on importing coins from Chile and Costa Rica; these too circulated widely, and some were even legal tender in the United States until 1857, meaning that they are part of America’s heritage as well.
Elias Gerasoulis, representing the Global Heritage Alliance, stated that none of the current requests met the CPIA requirements for MOUs. There are currently more than thirty of these MOUs in place, encompassing a broad variety of items, yet they generally do not relate to current looting or risk to cultural heritage sites. He pointed out that the State Department itself had stated that coins were not contemplated for inclusion in these agreements under the aegis of the CPIA. He noted that Italy has a strong enforcement agency in the carbinieri, which has been effective in combatting looting and black market sales. Morocco has provided only minimal evidence of undertaking internal protection of sites and artifacts, and a UNESCO report found that the country prioritizes development over historic preservation. Costa Rica fails to enforce its own laws, and the director of the national museum was actually found in possession of stolen artifacts. The country has not demonstrated that there is significant illegal importing of items into the U.S. Chile has reported no significant looting or seizures in the last five years. Vietnam clearly is promoting tourism over protection; furthermore, the MOU as proposed with would prevent Vietnamese residents in the U.S. from bringing or receiving family items into our country. Given all these circumstances, the MOUs threaten the credibility of CPAC and the CPA.
A CPAC member subsequently stated his disagreement with Mr. Gerasoulis’ statements, and later in the hearing, thanked an MOU proponent for refuting them, though that speaker only addressed the Chilean proposal and cited no evidence. Though the CPAC member made no mention of this, the underlying issue is how much looting is necessary to justify new or renewed MOUs. Proponents of MOUs believe that historic looting combined with reports of current looting is enough. Opponents suggest the statute requires more than just some evidence of looting. Rather, the looting has to be so severe that the cultural patrimony of the country needs to be in jeopardy. The same CPAC member later stated that promoting tourism and preservation were not mutually exclusive.
Randolph Myers, ACCG board member and self-described ancient coin collector for many years, referenced written comments submitted prior to the initially scheduled hearing by the ACCG. He acknowledged the CPAC staff for doing a better job of getting notice about the hearing out to the public, though noting that additional time would allow the public to better understand what was being considered. Addressing the Italy MOU renewal, he pointed out that what supposedly was being considered was an extension of the agreement, not an expansion; if an expansion is being contemplated, that is a different issue and needs to be published as such in the Federal Register.
Regarding the specifics of including coins in the Italy MOU, Mr. Myers noted that the CPIA requires that items included in these documents are required to have been discovered within and subject to the export control of that nation. However, ancient coins are early examples of human mass production, having been made with dies that experts generally agree could produce 10,000 to 15,000 coins each. Roman and other ancient coins were minted throughout western Europe and even in Saudi Arabia, Iraq and Egypt, thus Italy should not be able to claim ownership over coins that circulated far and wide. He cited Mr. Tompa’s data that only 5% of Roman Imperial-era coins have been found in Italy.
A CPAC member asked a follow-up question, which was difficult to hear but seemed to focus on how countries could best protect their cultural heritage. Mr. Myers referenced the United Kingdom’s Portable Antiquities Scheme, which requires that if ancient coins and items are discovered, the authorities must be notified. They are then identified by the British Museum, which selects the items it wishes to keep and returns the others to the landowner and discoverer. This is the best method for countries to ensure such items are protected. The CPAC member asked a follow-up question which also was difficult to hear. Mr. Myers responded that Italy has made some efforts to protect its cultural patrimony, but the Portable Antiquities Scheme is a better approach.
The final opposing speaker was Douglas Mudd, Curator of the American Numismatic Association’s Money Museum. He directed his comments to the possible expansion of the Italy MOU to include ancient coins. He has seen first-hand the effects of looting, and is very concerned about the problem. However, numismatic items are different. Coins are mass-produced, mostly durable, with millions of copies made. The Roman Republic and Empire extended far beyond modern Italy’s borders, therefore it is not reasonable to assume that Roman coins were made or found there, nor to ask Customs to enforce restrictions on importing these coins. Rome was the basis of American civilization, and these coins connect us to our own cultural heritage. Restrictions on bringing them into the country will negatively impact the education of our own people about our own cultural heritage. CPAC should consider dropping restrictions on Greek and Roman coins, not expanding them. All such coins should be delisted from these agreements.
With no further speakers on the Zoom, and no more comments or questions from CPAC members, the hearing was adjourned 20 minutes early. As seems universally to be the case with these hearings, none of the proponents made any argument in favor of including coins in the MOUs, and those speaking in opposition made strong arguments against placing coins on the restricted lists.
While it was disappointing that the hearing even took place under the present circumstances, representatives of IAPN and ACCG are engaged in ongoing conversations with various government officials about the agreements under consideration, as well as broader issues relating to restrictions on importing ancient coins. The likely arrival of new decision-makers in the near future will hopefully lead to a more balanced and thoughtful approach to defining the details of these and future MOUs, which may provide outcomes more favorable to the legitimate importing and collecting of ancient coins.
