CINOA Feedback on U.S. MOUs with Lebanon, Mongolia, and El Salvador for CPAC September 24, 2024 Agenda
September 9, 2024
Subject: Cultural Property Advisory Committee (CPAC) September 24, 2024 agenda: The Committee will review a request from the Government of Lebanon seeking import restrictions on archaeological and ethnological materials, the proposed extension of an agreement with the Government of Mongolia, and the renewal of an agreement with the Government of El Salvador.
Comments from CINOA, the principal representatives of the worldwide art trade (www.CINOA.org).
- Balanced Approach to MOUs: We urge the Committee to consider a more balanced approach to MOUs, in accordance with the requirements set out in the Convention on CPIA, 19 U.S.C. § 2601. This would enable the private sector to support the ethical and moral principles that the MOUs seek to uphold, while preserving legitimate trade in cultural goods.
- CINOA’s Role in Cultural Heritage Protection: As cultural property experts, CINOA’s members and their clients play a crucial role in protecting cultural heritage. Their support fosters ongoing research, improves due diligence standards, and helps maintain a legitimate market. The delicate balance between collectors, scholars, and institutions is at risk if proposed restrictions discourage investment and research, ultimately undermining cultural understanding and preservation. CINOA advocates for well-crafted laws that respect the rights of the art, antiquities, and coin collecting communities, while promoting the legitimate exchange of cultural goods that fosters international relations and cultural appreciation.
- Concerns Regarding Overly Broad MOUs: The current MOUs drafted by the State Department must ensure due process for collectors of art, archaeological and ethnological goods. When poorly written, these agreements can act as blanket embargoes, applying restrictions not only to items illicitly exported but to entire categories of cultural goods. This indiscriminate approach can lead to restitution of items, even when there is no clear legal justification. We call on the State Department to reconsider the overly broad scope of its MOUs and apply more targeted restrictions. While the primary aim of these agreements is to curb present-day looting of archaeological sites, their broader consequences cannot be ignored. These MOUs effectively allow foreign governments to claim cultural artifacts that were lawfully sold and exported on international markets. In many cases, collectors are unable to provide provenance information particularly for lower-value items, which puts them at an unfair disadvantage. This shifts the burden of proof away from governments, which contradicts fundamental Anglo-American legal principles.
- Property Rights and Legal Considerations: Proceeding with MOUs that are overly broad and impose blanket restrictions would infringe on the property rights of U.S. citizens, as protected under the Fifth and Fourteenth Amendments of the U.S. Constitution and Article 17.2 of the Universal Declaration of Human Rights.
- Specific Concerns:
Lebanon: Lebanon boasts a rich cultural history that spans millennia, from Phoenician to Roman and Ottoman periods. Many coins and artifacts from Lebanon have been legally collected and imported over the years. Imposing excessive restrictions would negatively impact legitimate collectors and scholars. Moreover, while the MOU would be an agreement with the Lebanese government, Lebanon is currently under significant influence from Hezbollah, a designated terrorist organization. Returning cultural items to a region under such control poses ethical concerns, as there are claims that terrorist groups like Hezbollah fund their operations through the illicit sale of artifacts. This raises the real possibility that repatriated items could ultimately financing further violence and unrest in the region.
Mongolia: Mongolia’s archaeological heritage is deeply rooted in the history of ancient nomadic cultures, and CINOA supports efforts to prevent looting and illicit trade. However, the proposed extension of the MOU with Mongolia should focus on specific vulnerable items, rather than applying overly broad restrictions. Additionally, historical coins and artifacts linked to larger empires and civilizations, which spanned multiple regions and circulated widely, should not be classified as exclusive to Mongolia’s current borders. A nuanced approach is needed to prevent undue restrictions on legitimate trade.
El Salvador: Similar to Mongolia, El Salvador’s current borders do not accurately reflect the vast empires and civilizations that once spanned the region. The proposed MOU must recognize that many cultural items, such as coins, were produced and circulated across wide areas that do not correspond to modern political boundaries. Overly restrictive measures on these items misrepresent their historical and cultural context, unfairly hindering collectors and scholars in the process.