Showing posts with label Peru. Show all posts
Showing posts with label Peru. Show all posts

Tuesday, September 12, 2017

CPAC Will Meet to Consider MoU Extensions with Cyprus and Peru - Public Comments Period Open

Extensions of the Memoranda of Understanding (MoU) with Cyprus and Peru will be taken up by the Cultural Property Advisory Committee (CPAC) at their next meeting in Washington, DC.  A public session will be held on January 18, 2012 to consider extending the bilateral agreements the United States has with these nations, which implement US import protections covering jeopardized cultural property.

An MoU is enacted pursuant to Article 9 of the 1970 UNESCO Convention (the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property).  The treaty is implemented in the US by the federal Cultural Property Implementation Act (CPIA).  Import protections granted under the CPIA last for five years and may be renewed.

To attend the public session, reserve your place by calling  the Cultural Heritage Center of the Department of State at (202) 632–6301 by 5 p.m. EST on January 3.

Byzantine bronze cross from Cyprus
subject to US import protections.
Source: US State Dept.
Public comments may be submitted electronically to CPAC.  Click here to comment on the Cyprus MoU extension, or here to comment on the Peru MoU extension.  Comments are due January 3 by the end of the day.  If you encounter any problems, visit the eRulemaking web site at http://www.regulations.gov/.  Enter docket number DOS-2011-0135 for Cyprus or docket number DOS-2011-0136 for Peru and follow the instructions on the web site.  Be aware that the electronic submissions process sometimes can be cumbersome.  Comments may also be mailed to:

Cultural Heritage Center (ECA/P/C)
SA-5, Fifth Floor
Department of State
Washington, DC 20522-0505

The comments must address one, some, or all of the four determinations outlined by the CPIA.  Quoting 19 USC 2602, the four determinations are:

(A) [whether] the cultural patrimony of the State Party is in jeopardy from the pillage of archaeological or ethnological materials of the State Party;

(B) [whether] the State Party has taken measures consistent with the Convention to protect its cultural patrimony;

(C) [whether] --

(i) the application of the import restrictions . . . with respect to archaeological or ethnological material of the State Party, if applied in concert with similar restrictions implemented, or to be implemented within a reasonable period of time, by those nations (whether or not State Parties [to the 1970 UNESCO Convention]) individually having a significant import trade in such material, would be of substantial benefit in deterring a serious situation of pillage, and

(ii) remedies less drastic than the application of the restrictions set forth in such section are not available; and

(D) [whether] the application of the import restrictions . . . in the particular circumstances is consistent with the general interest of the international community in the interchange of cultural property among nations for scientific, cultural, and educational purposes.


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Comments Submitted to CPAC in Cyprus and Peru MoU Extension Requests


File:Mosaic , complex of Eustolios , Kourion 2006.jpgpost.  Comments regarding the Cypriot request appear below.

Writing in support of Cyprus’ request for an extension of the MoU, Professor A. Bernard Knapp, Honorary Research Fellow at the Cyprus American Archaeological Research Institute remarked:

“As a retired archaeologist . . . I am keenly aware of the importance of this MoU, which prevents archaeological objects from categories described in the Designated List from enter the US unless they have an export permit issued by the Government of the Republic Cyprus, or documentation that they left Cyprus prior to the effective date of the restriction. In my view, this MoU represents one of the most important documents protecting a country’s indigenous cultural heritage that the US has ever approved; it is an extremely significant tool in Cyprus’s efforts to prevent and combat the looting of its cultural heritage and the illicit trafficking of Cypriot antiquities to the United States, which has one of largest art markets for such antiquities in the world.”

“Signed originally in 2002, amended in 2006 to include Byzantine Period Ecclesiastical and Ritual Ethnological Materials, and renewed in 2007 to include Cypriot coins (end of 6th century BC to AD 235, the Government of the Republic of Cyprus now requests another amendment, to include Ecclesiastical and Ritual Ethnological Materials representing the post-Byzantine period dating up to AD 1850. They do so in order to assure a coherent legal framework in line with the Cyprus’s Antiquities Law. This request is based on numerous recent cases involving the illicit trafficking of ecclesiastical and ritual ethnological material that dates later than AD 1500.”

Elizabeth Bartman, President of the Archaeological Institute of America, also wrote in support of the MoU renewal:

“The archaeological evidence from such Bronze Age towns as Kourion [in Cyprus] attest to an active trade and a high level of technical production of ceramics, metal, and stone sculpture.  Unfortunately, many of these distinctive artifacts are much prized by collectors today; the ravaging of the island after the Turkish invasion in 1974 has long been recognized, but looting continues today with loose controls in the northern zone permitting the export of both archaeological and ecclesiastical material.  Because of their random findspots and portability, coins are especially vulnerable to looting and so deserve protection under the Memorandum.”

The comments opposing Cyprus’ request came from the ancient coin collecting community, which does not favor the inclusion of coins in any import protections.  For example, Philip Griest wrote:

“Coins and modern paper money have always been fluid currency. The exchange of money for goods and services internally and internationally has exsited since ancient times. To now require that a specific coin be repatriated because of it's artistic worth seems illogical if not illegal. The money belongs to the person that earned it and then, when spent, to the person who traded for it; no matter goods, services or an exchange of currency. To return such items to the nation that minted the coin is to restrict trade and create an illegal market for the coin. What else can be done to these thousands or hundred (sic) of thousands of coins and artifacts. They can't all end up in museums. Has comman (sic) sense ceased to exist in our nation.”

And Glenn Saylor, Jr. wrote:

“I am against import restrictions of Cypriot coins into the United States. There are a large number of collectors of these coins in the United States. We carefully conserve these coins for future generations, and share our knowledge about these coins with not only our fellow collectors, but also the general public. Most of these coins are common, so Cyprus should have little diificulty obtaining needed examples for their museums. Since these coins are so common, it is hard to establish their providence. The net effect is that these common coins will not be allowed import into the United States. All rebutable (sic) coin dealers and collectors are against the looting of archaeological sites. However, I believe other methods can be used to address this issue. For instance in Great Britian (sic), the Government has the first right to buy new coin finds at market price. If this policy was implimented (sic) in Cyprus, their Government would have the first opportunity to purchase any rare coins that were found.”

CONTACT: www.culturalheritagelawyer.com
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