Thursday, November 24, 2016

Greek MOU Extended Without Expansion

The extension of this MOU is still very bad news for collectors worldwide, but efforts by the archaeology lobby to make it much worse did not succeed.


AGENCY: Customs and Border Protection, Department of Homeland Security;
Department of the Treasury.

ACTION: Final rule.

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SUMMARY: This document amends the U.S. Customs and Border Protection 
(CBP) regulations to reflect the extension of import restrictions on 
certain archaeological and ethnological material from the Hellenic 
Republic (Greece). The restrictions, which were originally imposed by 
CBP Decision (CBP Dec.) 11-25, are due to expire on November 21, 2016. 
The Assistant Secretary for Educational and Cultural Affairs, United 
States Department of State, has determined that factors continue to 
warrant the imposition of import restrictions and no cause for 
suspension exists. Accordingly, these import restrictions will remain 
in effect for an additional five years, and the CBP regulations are 
being amended to reflect this extension until November 21, 2021. These 
restrictions are being extended pursuant to determinations of the 
United States Department of State made under the terms of the 
Convention on Cultural Property Implementation Act that implemented the 
United Nations Educational, Scientific and Cultural Organization 
(UNESCO) Convention on the Means of Prohibiting and Preventing the 
Illicit Import, Export and Transfer of Ownership of Cultural Property. 
CBP Dec. 11-25 contains the Designated List of archaeological and 
ecclesiastical ethnological material from Greece, to which the 
restrictions apply.

DATES: Effective Date: November 21, 2016.
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Greek MOU Extended Not Expanded
by Peter Tompa
Import restrictions on Greek cultural goods have been extended but not expanded despite the best efforts of the archaeological lobby to include all coins made or potentially found in Greece.  (Current restrictions encompass many archaic, classical and provincial types, but exclude Ancient Greek "trade" coins like Athenian Tetradrachms.)
Despite this "win," CPO hopes the new Trump Administration will review all current MOUs.  Unfortunately, they have become little more than a special interest program for a small group of connected academic archaeologists and the cultural bureaucracies of countries where they excavate.  
Meanwhile, the interests of ordinary Americans who collect ancient coins and other cultural artifacts and our great museums have been damaged for years by hard to comply with import restrictions. 
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COMMENTARY
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This observer joins Dr. Tompa in feeling relief that the existing very bad import restrictions have not been made worse.
These restrictions are, as Dr. Tompa observes, 
"little more than a special interest program for a small group of connected academic archaeologists and the cultural bureaucracies of countries where they excavate."
His observation that these restrictions are "hard to comply with" however significantly understates the crippling effect of imposing such onerous documentation requirements upon artifacts of relatively low value. The costs of compliance become not an additional cost of doing business, but a positive economic barrier prohibiting commerce. They have an effect on trade comparable to that of a 100% tariff upon importation of artifacts on the Designated List.
I join Dr. Tompa in calling for the new Trump Administration to review all current MOUs, and extend that approval to call for a review of the entire State Department secretariat process for administration of the Convention on Cultural Property Implementation Act that implemented the 1970 United Nations Educational, Scientific and Cultural Organization (UNESCO) Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property.
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