Policy Brief No. 2: How Can We Fund the Fight Against Antiquities Looting and Trafficking? A “Pollution” Tax on the Antiquities Trade

The Antiquities Coalition Cultural Heritage Think Tank has published its second policy brief to address solutions to cultural racketeering. The latest release is by Dr. Lawrence Rothfield, Associate Professor of English and Comparative Literature at the University of Chicago. In the paper, Rothfield argues for levying a “pollution” tax on the legitimate antiquities trade, in order to establish an antiquities-protection “Superfund.” This would provide funding for funding more robust monitoring and enforcement efforts against the illicit trade and the strengthening of archaeological site security.  

The Think Tank was launched in November 2016 to explore innovative solutions to pressing challenges in cultural heritage, publishing a new series of policy briefs by distinguished specialists from the public and private sectors. You can find Lawrence Rothfield’s executive summary and link to the complete policy brief PDF below.

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How Can We Fund the Fight Against Antiquities Looting and Trafficking? A “Pollution” Tax on the Antiquities Trade
Policy Brief No. 2 – December 2016
Lawrence Rothfield

Executive Summary

Almost every nation has laws against looting, smuggling, and trafficking in antiquities, supplemented by international bans and bilateral interdictions. Yet the playing field remains badly tilted against the site guards, customs officials, antiquities police, and prosecutors charged with enforcing these laws, in large part because enforcers lack the financial resources needed to do their job.

To supplement and give teeth to the strict but ineffectual legal regime now in place, economic thinking, and basic public policy research suggests it would be helpful to institute a “pollution tax” on antiquities purchased by residents of “market” countries. Such taxes—imposed on such transactions in goods like tobacco, gas, coal, etc.—are designed to internalize the social costs of economic activities so that the polluting industry either takes measures to clean itself up or pays the government to prevent or mitigate the harm the industry causes. An antiquities tax, tailored to fall more heavily on antiquities with weaker provenance or extremely high prices, and channeled into an antiquities-protection “Superfund” (as was done to clean up toxic chemical sites) or via existing governmental agencies, could provide a sustainable funding stream to pay for more robust monitoring and enforcement efforts against the illicit market and for better site security. Such a tax is likely to face substantial resistance from both dealers and archaeologists, but it is suggested that the concerns of both sides could be dealt with through sustained discussion and negotiation.

Read the Full Policy Paper HERE


About the Antiquities Coalition Think Tank

The Antiquities Coalition unites a diverse group of experts in the global fight against cultural racketeering: the illicit trade in art and antiquities. This plunder for profit funds crime, armed conflict, and violent extremist organizations around the world—erasing our past and threatening our future. Through innovative and practical solutions, we tackle this challenge head on, empowering communities and countries in crisis.

In 2016, as part of this mission, we launched the Antiquities Coalition Think Tank, joining forces with international experts, including leaders in the fields of preservation, business, law, security, and technology. Together, we are bringing high-quality and results-oriented research to the world’s decision makers, especially those in the government and private sectors. Our goal is to strengthen policymakers’ understanding of the challenges facing our shared heritage and more importantly, help them develop better solutions to protect it. 

To subscribe to the think tank publications—and to stay informed of the Antiquities Coalition’s other work to fight cultural racketeering—please sign up for our e-newsletter here.

Antiquities Coalition Returns to New Orleans for Cultural Heritage Law Seminar on Museums, Ethics, and the Law

Antiquities Coalition Returns to New Orleans for Cultural Heritage Law Seminar on Museums, Ethics, and the Law

The Antiquities Coalition is proud to have joined with the Federal Bar Association of New Orleans, the nation’s largest chapter with over 1,200 members, on its 6th Annual Cultural Heritage Law Seminar. This event took place at the New Orleans Museum of Art (NOMA) on December 9. It was cosponsored by the Louisiana State Bar Association’s International Law Section.

This year’s program focused on educating the city’s attorneys and judges—as well as its thriving community of arts and museum professionals—about the changing laws and best practices governing ancient art. In recent decades, this subject has grown more important, as the illicit antiquities trade has grown into a sweeping and lucrative industry that is funding crime, armed conflict, and even violent extremist organizations. The United States, which makes up 43% of the global art market, is the suspected end destination for many of these stolen artifacts. While this poses serious challenges for the American market and museum sectors, it also presents them with an unprecedented opportunity, to extend their leadership in the prevention of cultural crimes around the world, and set the global standard for the ethical collection and trading of ancient art.

The December 9 seminar recognized that New Orleans has an important role to play in this fight. The city is home to several major museums, as well as some of the nation’s oldest antiques and antiquities galleries. But just as importantly, New Orleans is in the middle of the world’s largest port complex, which stretches 290 miles along the Mississippi River. Each year 11,000 oceangoing vessels move through the city, carrying some 500 million tons of cargo from around the world, including an unknown amount of arms, drugs, and other contraband. While no longer the smugglers’ paradise of Jean Lafitte, all in the New Orleans’ legal, law enforcement, and arts communities should be on alert about the illicit antiquities trade—especially given recent FBI warnings that conflict antiquities from Iraq and Syria are now reaching the United States.

With that goal in mind, the Antiquities Coalition and Federal Bar Association program explored a wide range of relevant topics, through two-panel discussions featuring leading lawyers and museum directors from across the country.

The first session, moderated by Antiquities Coalition Executive Director Tess Davis, who is also an attorney and trained archaeologist, focused on “Antiquities, Ethics, and the Law.” In this discussion, Davis was joined by Herb Larson, a Senior Professor of the Practice at Tulane University Law School, and an experienced criminal defense attorney. Of most relevance, Larson is also the Director of the Tulane-Siena Institute, which was created to be the world’s foremost program for the study of the complex and fascinating relationship between art and the law.

In this panel, Davis noted that with the world increasingly aware that cultural racketeering is funding bad actors from mafia syndicates to terrorist organizations, civil and criminal litigation over art and antiquities is on the rise in state and federal courts. As a result, attorneys and their clients, particularly those in the art market or museum community, must now be taking extra steps to ensure that they are behaving both ethically and legally. Davis and Larson then examined the challenges of representing clients in all sides of such disputes, using case studies taken from the court docket and newspaper headlines, as well as the American Bar Association’s (ABA) Model Rules of Professional Conduct. They also looked at the broader moral questions surrounding the role of lawyers and the courts in the adjudication of these lawsuits.

The closing message from this hour long discussion was that by following established ethical guidelines—like the ABA Model Rules, but also those for the art market and museum communities, which would be discussed in greater detail during the next panel—attorneys could also keep their clients (and even themselves) out of trouble with the law.

The second session, “Antiquities and Museums: Best Practices and Ethical Considerations,” was led by NOMA Director Susan Taylor, who came to New Orleans from the Princeton University Art Museum, where she had successfully (and amicably) resolved antiquities ownership disputes with the Italian government, in negotiations that now serve as a model for other institutions. Taylor’s panel included veteran art museum curator and director Maxwell L. Anderson, author of the recent book Antiquities: What Everyone Needs to Know, and Stephen K. Urice, a Professor at the University of Miami School of Law, and co-author of Law, Ethics, and the Visual Arts. All three have been active in efforts to strengthen best practices at museums, particularly through the Association of Art Museum Directors’ highly influential guidelines on the acquisition of archaeological material and ancient art, which were overhauled in 2008.

Antiquities: What Everyone Needs to Know — Anderson’s latest book—provided a foundation and framework for the discussion. Over two hours, Taylor, Anderson, and Urice explored a wide range of subjects, starting with the history of collecting antiquities, then moving on to the changes in the 20th century brought by the end of colonialism, which eventually led to the present and often contentious debate over who owns the past. As part of this conversation, they also touched upon relevant current domestic and international law, the politics of sending objects back to the countries of origin, and the outlook for the legal market, especially in light of the increased awareness of conflict antiquities. The firsthand experiences of all three on these topics, especially in addressing the ethical and legal challenges facing the field today, provided much material for discussion. Those interested in learning more are highly encouraged to read Anderson’s book.

This is the second annual seminar that the Antiquities Coalition has conducted the Federal Bar Association, with last year’s event addressing cultural racketeering and terrorist financing, held at the United State District Court for the Eastern District of Louisiana.

We thank this year’s hosts the New Orleans Museum of Art and the Louisiana State Bar Association’s International Law Section for their assistance in making this event happen.

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PDF of article here

Antiquities Coalition Commends Bold Action Of U.S. Government In The Fight Against Terrorism

Department of Justice Seeks Forfeiture of Looted Antiquities by Daesh

In a historic step, the U.S. government is requesting the forfeiture of antiquities associated with the terrorist organization, ISIL, also known as Daesh. It is the first time that the U.S. government has used its authority to seek the forfeiture of antiquities from a terrorist organization. Under United States law, all assets, foreign or domestic, of a terrorist or terrorist organization, and all assets, foreign or domestic, affording a source of influence over any such entity or organization, are subject to forfeiture.

The Antiquities Coalition commends the U.S. Department of Justice and the Federal Bureau of Investigations for their bold step in filing this lawsuit.

“This complaint demonstrates the United States government’s intent to diligently pursue actions that will limit the ability of ISIL and other terrorist organizations to generate revenue,” said Channing D. Phillips, U.S. Attorney for the District of Columbia. “This complaint also serves as a warning to those who traffic in precious antiquities and who seek to profiteer from ISIL’s exploitation of the cultural heritage of areas under its control.”

coins_2“The documents unsealed today reveal that ISIL specifically directed its members to steal archaeological objects for purposes of selling them on the black market in order to use the proceeds to support this designated terrorist organization,” said Paul M. Abbate, Assistant Director in Charge of the FBI’s Washington Field Office. “ISIL members extorted and threatened to arrest anyone outside of the terrorist organization who attempted to excavate, sell or transport antiquities from the territory under their control. It is essential for the FBI to recover these items so that we can stop the illegal flow of funds to support terrorist activity and repatriate these historical treasures.”

The government is sending a clear message that the United States is willing – and able – to take strong action to support countries under threat from terrorists who are using the trafficking of antiquities to fund their black causes. As the largest market in the world for art and antiquities, museums, collectors and other purchases in the United States must be on high alert to prevent the purchase of illicit antiquities from these conflict zones.

Read the DOJ Release on Complaint HERE

Read Stamped Complaint HERE

IS and Cultural Genocide: Antiquities Trafficking in the Terrorist State

IS and Cultural Genocide: Antiquities Trafficking in the Terrorist State

In IS and Cultural Genocide: Antiquities Trafficking in the Terrorist State, the writing team of Retired Brigadier General Russell Howard, Marc Elliott, and Jonathan Prohov offer compelling research that reminds government and military officials of the moral, legal, and ethical dimensions of protecting cultural antiquities from looting and illegal trafficking. Internationally, states generally agree on the importance of protecting antiquities, art, and cultural property not only for their historical and artistic importance, but also because such property holds economic, political, and social value for nations and their peoples. Protection is in the common interest because items or sites are linked to the common heritage of mankind. The authors make the point that a principle of international law asserts that cultural or natural elements of humanity’s common heritage should be protected from exploitation and held in trust for future generations. The conflicts in Afghanistan, and especially in Iraq and Syria, coupled with the rise of the Islamic State (IS), have brought renewed attention to the plight of cultural heritage in the Middle East and throughout the world.

PDF of article here

ISIS May Face War-Crime Charges for Destruction of Historic Sites

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ISIS May Face War-Crime Charges for Destruction of Historic Sites

By Owen Jarus, Live Science Contributor | December 12, 2016 12:42pm ET

ISIS dynamited and bulldozed the ancient Assyrian city of Nimrud. Credit: Screengrab from ISIL video
ISIS dynamited and bulldozed the ancient Assyrian city of Nimrud. Credit: Screen grab from ISIL video

As a combined Iraqi-Kurdish force fights its way into Mosul, the last major Iraqi city held by the Islamic State group (also known as Daesh, ISIS or ISIL), there have been reports that some ISIS fighters have chosen to surrender rather than fight to the death.

Photos released by Agence France-Presse (AFP) show the surrender of a few individuals, which the AFP called “suspected ISIL jihadists,” near the ancient Assyrian city of Nimrud (which was dynamited and bulldozed by ISIS) and Mar Behnam (a Christian monastery that was heavily damaged and vandalized by ISIS). It’s unknown if any of the individuals who surrendered are responsible for the destruction at the two historical sites.

Additional reports from multiple media outlets suggest that fighters (or alleged fighters) are surrendering in Mosul, where the Islamic State group has destroyed a number of historical sites, including the Tomb of Jonah, a site revered by both Muslims and Christians. Again, it is not known if any of those who surrendered took part in those acts. [See Photos of ISIS Destruction of Iraq Historical Sites]

Because international law forbids the destruction of heritage sites, those who surrendered could face charges for war crimes, experts say. The United Nations Educational, Scientific and Cultural Organization (UNESCO) lists areas as World Heritage Sites for having special cultural or physical significance.

“These destructions may amount to a war crime, and UNESCO will do everything in its power to document the damage so that these attacks do not go unpunished,” said Irina Bokova, director-general of UNESCO, said in a statement released on Nov 25, after Nimrud was recaptured.

During the Islamic State group’s campaign of destruction, the militant organization made several propaganda videos showing members destroying historical sites. Legal experts say those members may soon regret doing so.

“I’m confident that there will be trials for the destruction we’ve seen in the Middle East, and that the videos and photographs produced by ISIL to brag about their destruction will one day reappear in court as evidence against them,” said Erin Thompson, a professor of art crime at the City University of New York.

International Criminal Court

It would not be the first time someone has been brought to trial on war-crime charges of destroying heritage sites. Ahmad al-Faqi al-Mahdi, who was a member of an al-Qaida-affiliated terrorist group, was brought to trial for his help in destroying parts of Timbuktu in Mali. He pleaded guilty and was sentenced in September 2016 to nine years in prison.

However, as several legal experts noted, there are many challenges in investigating and prosecuting captured Islamic State group members. For instance, Iraq is not a party to the Rome Treaty, a treaty negotiated in Rome which allows citizens of a country that signed the treaty to be brought to the International Criminal Court, located in The Hague, Netherlands, to face war-crime charges. [See Photos of Amazing UNESCO World Heritage Sites]

This obstacle is not insurmountable, legal experts noted. The United Nations Security Council can invoke what are known as “Chapter 7” powers that will allow the International Criminal Court to investigate and prosecute a war crime, regardless of whether a country has signed the treaty, said Tess Davis, executive director of the Antiquities Coalition, a group of archaeologists, lawyers, former government officials and other experts who advocate for measures to stop illegal antiquities trading. Davis said it is unknown whether the Security Council will invoke those powers.

If the U.N. Security Council were to invoke Chapter 7 powers, it would have to allocate the financial resources and logistics necessary for the International Criminal Court to investigate the cases and bring the individuals facing charges to trial, Davis added.

Hague Convention

Iraq is a party to the 1954 Hague Convention that protects heritage sites in times of war. That stipulation could be used to bring Islamic State group members who destroyed historical sites to justice. However, the trial may have to be held before a local Iraqi court or a U.N. tribunal, rather than the International Criminal Court, experts told Live Science.

“There are a variety of international conventions that protect cultural property in times of armed conflict and domestic laws that proscribe trespassing and vandalism,” said Rick St. Hilaire, a lawyer with Red Arch Cultural Heritage Law & Policy Research. In addition to the Hague Convention, parts of the Geneva Convention also prohibit the destruction of historical sites.

“The question is not so much what laws are in place; the important question is whether there is political will to enforce the laws and whether there are appropriate resources to catch the perpetrators and collect the evidence needed to [convict] them,” St. Hilaire said.

“Both Syria and Iraq are member states of the 1954 Hague Convention, meaning that they are responsible to criminally prosecute violators after resolution of a conflict,” said Leila Amineddoleh, a cultural heritage lawyer who is a partner in the firm Amineddoleh & Associates LLC.

Amineddoleh noted that the U.N. may want to see whether Iraq and Syria can prosecute these cases. “In the case that nations cannot properly address these issues, international bodies may pursue looters. The U.N. may find it appropriate to seek and prosecute individuals responsible for vandalism and looting as crimes against humanity, potentially in conjunction with the International Criminal Court,” Amineddoleh told Live Science.

However, given the multitude of crimes committed by the Islamic State group and the resources needed to prosecute them, Amineddoleh said she doesn’t expect many cases involving the destruction of heritage sites to go to trial.

“Although there is precedent for prosecuting vandals for heritage destruction, it is unlikely that many of these cases will be brought to court,” Amineddoleh said. “The resources involved in trying them are too expensive, and the international community will probably devote courts to justice after violent crimes and genocide, not the protection of property.”

PDF of article here

At the Museum: Winter speakers bring diverse perspectives to Newport

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At the Museum: Winter speakers bring diverse perspectives to Newport

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NEWPORT — Each January, the Newport Art Museum opens its doors to an eclectic mix of experts and luminaries, bringing together a group of talented speakers to share global perspectives, informative topics and inspiring stories with the local community.

The Winter Speaker Series — which in the 1920s as a platform for discourse in the arts — has evolved to accommodate a range of subjects, tackling ideas that are as diverse as they are fascinating.

“About eight years ago, we felt that we were too focused on a small audience of interests,” says Dick Hunt, chairman of the museum’s Winter Speaker Series Committee. “We were more art and culture oriented, and decided to spread out to see if we could collect interest from a broader and more youthful segment of society.”

The effort to bring in a wider body of talent led Hunt and other committee members to begin the process of choosing speakers early last summer. With as many as 40 possible people on the docket, months of negotiations and deliberations between committee members distilled the list down to just a handful of candidates.

“Sometimes we pick the subject first,” Hunt said, citing the fact that the committee wanted to include an individual that could address the topic of ISIS and their destruction of historic cultural artifacts. “We have a really brilliant woman on the committee, Eleanor Doumato, who previously taught at the Watson Institute at Brown (University). She knows a lot about the Middle East, and would not just settle for just any speaker to fill the topic.

“She went for the best person she could find, and that’s how we got Tess Davis. Davis is very passionate and knowledgeable about this issue, and was a terrific find for us. We worked hard to get her.”

Other times, Hunt said, the committee selected individuals due to their ability to entertain and inform audiences on broadly relevant issues, pointing to the topic of politics and speaker Darrell West, who serves as vice president of Governance Studies and Director of the Center for Technology Innovation at the Brookings Institution.

“We know we had a crazy election this year,” Hunt admitted. “Our audience is not one-sided, and we don’t want the series to be homogeneous. West is one of the really knowledgeable guys in this field and knows how to bring it to both sides of the aisle. He’s smart and very humorous, and we want speakers that are entertaining and informative to all. We have no ideologies in this thing.”

As far as picking a favorite from this year’s lineup, Hunt said it’s hard for him to choose.

“Personally, I’m very interested in Pamela Parmal’s discussion on the intersection of technology and fashion, but I get excited every week,” Hunt said. “The best things to learn are the things you’re unfamiliar with, and that’s the whole purpose of this series: to provide people with access to ideas they might not have yet considered.”

Each talk in the series takes place Saturdays at 2 p.m. throughout January and February, and West kicks off the event Jan. 7. He will discuss America’s current political climate and explore issues surrounding the incoming Trump administration.

Following West is renowned glassblower William Gudenrath on Jan. 14, who will examine the world of contemporary art glass through the lens of historic techniques, all while noting relevant works within the museum’s permanent collection.

Executive director of the Antiquities Coalition, Tess Davis, will address the rampant destruction of historic cultural artifacts by ISIS, and offer insight on what the world community can do to address the problem on Jan. 21.

Next, the synergy between technology and fashion will be explored on Jan. 28 by Parmal, curator of textile and fashion arts at the Museum of Fine Arts in Boston.

On Feb. 4, Chris Waddell will share his inspiring story of overcoming the challenges of paraplegia to become a leading monoski medalist and conquer Mt. Kilimanjaro.

Janice Hodson, curator at the New Bedford Free Library, will discuss on Feb. 11 her recent exhibition on Albert Bierstadt, the “Accidental Artist of Manifest Destiny” whose landscapes of the American west inspired a nation.

The series comes to a close Feb. 25 with Bruce Coriss, Dean of the Graduate School of Oceanography at the University of Rhode Island, who will cover the various environmental issues facing the global oceans, and explore current initiatives and means to address them.

PDF of article here

Amid regional instability and rising demand, a historic agreement could protect priceless cultural artifacts​

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Amid regional instability and rising demand, a historic agreement could protect priceless cultural artifacts

BY SANDY PETRYKOWSKI  December 6, 2016 at 5:48 PM EST

Egyptians artifacts that had been captured in U.S. Customs in 2013, all estimated to be Late Period. Photo by Ken Garrett/National Geographic
Egyptians artifacts that had been captured in U.S. Customs in 2013, all estimated to be Late Period. Photo by Ken Garrett/National Geographic

As long as there have been tombs, there have been tomb raiders. On the night of Jan. 28, 2011, while protests engulfed Egypt’s Tahrir Square, thieves took advantage of the chaos and climbed into the Cairo Museum through the roof. Looters made their way through the museum and damaged two mummies in their search for gold. Luckily, King Tutankhamun’s famous golden mask and other priceless treasures were left untouched, but 110 artifacts were spirited away under the cover of darkness.

But as long as there have been tomb raiders, there have also been tomb protectors. One of the lasting images of the Egyptian revolution is a human chain of soldiers and residents surrounding the Egyptian Museum in an effort to protect the antiquities that remained.

READ MORE: Protecting ancient treasures from becoming casualties in Iraq and Syria

Instability in the Middle East over the last couple of years has raised concerns about the smuggling of ancient artifacts and the reach of cultural racketeering. Plus, the price of antiquities has soared over the past decade. A 14-inch tall bronze Egyptian cat cast from the first or second century B.C., for example, sold in 2013 at Christie’s auction house in New York City for more than $2 million — well beyond the $250,000 maximum expected.  Prices like this have fueled the underground market demand for such goods.

historic agreement was signed last week between the United States and Egypt in the State Department’s Treaty Room. It marks the first so-called “cultural property agreement” between the United States and any country in the Middle East and North Africa region. The agreement lays the groundwork for the U.S. to impose import restrictions on Egyptian archaeological items dating from 5200 B.C. through 1517 A.D. The goal: to reduce the incentive to traffic such items.

Deborah Lehr, founder of the Washington, D.C.-based Antiquities Coalition, has been working hard over the last few years behind the scenes with Egyptian and American government officials to help bring the agreement to fruition.

“We’ve worked through two revolutions, three different governments, six ministers of antiquities, and six ministers of foreign affairs,” she said.

One central element of the agreement is that it changes the burden of proof. For example, until now, Egypt has had to prove an item was looted. With the MOU in place, the burden is now on the seller to prove that it wasn’t looted and that there is a solid paper trail tracing the journey from Egypt to their hands, including a valid export license.

Secretary of State John Kerry said this “represents the first agreement in the Middle East or North Africa regarding the protection of antiquities” and called it “groundbreaking.”

screen-shot-2016-12-15-at-12-26-34-pm“I think it’s a good moment for Egypt, the United States, for the region, for us to make it clear that these antiquities are priceless treasures that do not belong to traffickers and crooks and should not be sold illegally and bought by wealthy people to hide away somewhere,” Kerry said. “They are the antiquities that belong to the world, that have been protected and should be protected by an old civilization.”

Egyptian Foreign Minister Sameh Shoukry said he hopes that the agreement “becomes a road map for the protection of these antiquities to preserve them for generations to come and to preserve them against the treachery of those who want to destroy them and to wipe out this commonality of our humanity.”

Egyptian antiquities were not all that popular before the 1970s, but prices have been rising astronomically in the last 10 years, said egyptologist Salima Ikram.

“Everything has its vogue,” she said.

The reason that the 14-inch tall bronze Egyptian cat was able to fetch such a high price was the documentation or provenance. Christie’s was able to show that the item had been owned by former Egyptian statesman Nubar Pasha Nubarian, and in Paris since 1895. Dates matter, because 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 of 1970 called on signatories to better protect their cultural heritage and halt illegal excavation, import and export of antiquities.

In a statement released on Dec. 1, ICE said the investigation has identified “a criminal network of smugglers, importers, money launderers, restorers and purchasers who used illegal methods to avoid detection as these items entered the United States. Items and funds were traced back to Egypt, the United Arab Emirates, the United Kingdom, Iraq, France, and other nations” and has secured “four indictments, two convictions, 19 search warrants, and 16 seizures totaling approximately $3 million. The agency is also seeking an international fugitive involved in the case.”

Some of the finds include a sarcophagus retrieved from a garage in Brooklyn and a shipment of smuggled Egyptian goods including a funerary boat model and figurines.

“Each of the artifacts returned today tells a story, a human story, our story, Shoukry said at the repatriation ceremony. “History comes alive when someone is able to not only read about the past, but is also able to visit the historical sites, watch and enjoy the artifacts, appreciate the images and see the actual writings of our ancestors.”

Ikram says this is a good first step, but that more needs to be done. “It’s not just the issues of looting and exporting; the auction houses and collectors need to be more vigilant.” She says many collectors buy in good faith, but the auction houses are not doing their homework.

She adds that if demand for Egyptian antiquities continues to rise and the crime rings are not stopped, sales could move from legitimate auction houses to the private market, a move that will make it hard to recover lost treasures.

“Once something goes, part of everyone’s past is destroyed,” she said. “It affects all of human history and our understanding of the past. It is everyone’s loss and one’s person’s gain.”

In the meantime in London, it’s Classic Week at Christie’s. One of the items for sale is this four-inch tall Egyptian cat statue with earringsIkram has a specialty in animals and the afterlife in ancient Egypt.

“It is rare,” she said, “to have such beautiful bronzes for sale. They were offerings to the cat-headed goddess, Bastet, protector of children, women, and promoter of love. Often mummified cats were placed within the bronzes or within the base that supported the statue.”

The top-selling piece in the category of antiquities was a large Egyptian bronze that represents the ancient Egyptian Gods Isis And Horus, and dates to 747-656 B.C. It sold for $1,382,290, solidly topping the estimate of $355,000.

PDF of article here

After Long Delay, US and Egypt Sign Historic MoU Restricting Endangered Heritage from American Import

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After Long Delay, US and Egypt Sign Historic MoU Restricting Endangered Heritage from American Import

The United States and Egypt signed a cultural property Memorandum of Understanding (MoU) on Wednesday after lengthy consideration. The agreement, authorized by the Convention on Cultural Property Implementation Act (CPIA), restricts American imports of designated archaeological objects from Egypt in jeopardy of looting. The bilateral agreement covers ancient objects dating between 5200 BC through 1517 AD.

According to a State Department press release, the MoU will “reduce the incentive for pillage and trafficking.”

The agreement took two years and seven months to finalize. Asked why the process took so long compared with other agreements, Nathan Arnold, Director for Media Affairs at the State Department’s Bureau of Educational and Cultural Affairs, declined to comment. “It is the State Department’s policy to not comment on our private diplomatic negotiations with countries or internally,” Arnold explained. “Achieving agreement on specific language for bilateral agreements involves a process.”

Since the tumultuous spring of 2011, Egyptian cultural material has been subject to particular danger. Damage to archaeological sites, houses of worship, and museums was extensive, and cultural heritage objects remained under constant threat of plunder. That prompted urgent calls from the United Nations Educational, Scientific and Cultural Organization (UNESCO), Saving Antiquities for Everyone (SAFE), and other heritage preservation groups to take action. The International Council of Museums quickly published an Egyptian Red List to focus attention on illegal trafficking, and CHL in January 2011 and July 2013 urged adoption of emergency legislation.

Egyptian authorities did not officially ask for American assistance quickly under the terms of the CPIA and the treaty it implements, the 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property Convention. Officials reportedly spoke with the White House on March 11, 2014, according to Tom Mashberg at The New York Times, discussing “fast action on [US import] restrictions.”

At that time, CHL recommended that import controls be implemented “with all deliberate speed” because “the lack of comprehensive action to stem the looting and smuggling of cultural heritage [since 2011] has afforded heritage traffickers the advantage of a three year head start to move their ill-gotten gains to the United States.”

Egyptian authorities formally asked the State Department to enact CPIA import controls in April 2014. The move prompted immediate comments from preservationists, ancient coin collectors, the Association of Art Museum Directors, and other stakeholders. The Cultural Property Advisory Committee (CPAC) held a public hearing in June that same year, and then the matter retreated from public view. Meanwhile, news of heritage destruction continued to pour out from Egypt and the Middle East/North Africa region. Then came last week’s sudden public announcement that a bilateral deal would be signed, just seven weeks before the end of President Barack Obama’s final term in office.

While the US-Egypt cultural property MoU is an important cultural property protection agreement, it does not cover antiquities imported into the American marketplace prior to its adoption, overlooking imports that already occurred during the recent years of heightened heritage destruction. Customs officials and federal prosecutors conceivably could take action against prior shipments of illicit Egyptian artifacts under other federal laws. Homeland Security Investigations and US Attorneys’ offices did just that in Operation Mummy’s Curse, which involved the case of United States v. Khouli et al., and resulted in the repatriation of artifacts to Egypt during the MoU signing ceremony this week, including a mummy’s hand.

Cultural objects covered by the new MoU’s import restrictions may legally pass through America’s borders under certain conditions, such as when accompanied by either an export permit or proof showing that the artifacts left Egypt before the adoption of US import regulations. Prohibited cultural material may be detained, seized, and forfeited by customs authorities as contraband, and smugglers could face criminal prosecution, although that rarely occurs.

The US now has bilateral agreements with 16 countries around the world, as well as emergency import restrictions on cultural property originating from Iraq and Syria.

Deborah Lehr of the Antiquities Coalition noted her organization’s role in the US/Egypt MoU process, tweeting “proud to have been a partner,” and observing that “US and Egypt sign first cultural heritage MOU in Arab region.”

Video source: US Department of State

Text and original photos copyrighted by Cultural Heritage Lawyer, a blog commenting on matters of cultural property law, art law, cultural heritage policy, antiquities trafficking, and museum risk management. Blog url: culturalheritagelawyer.blogspot.com. Any unauthorized reproduction or retransmission of any blog post without the express written consent of CHL is prohibited. CHL is a service of Red Arch Cultural Heritage Law & Policy Research, Inc.

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Winning Friends and Influencing Policy through Cultural Heritage

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Winning Friends and Influencing Policy through Cultural Heritage

Deborah Lehr 

Chief Executive Officer, Basilinna; Senior Fellow, The Paulson Institute

Egyptian Foreign Minister Shoukry and Secretary of State Kerry sign Cultural MOU
Egyptian Foreign Minister Shoukry and Secretary of State Kerry sign Cultural MOU

Secretary John Kerry and Egyptian Foreign Minister Sameh Shoukry signed the first bilateral agreement between the U.S. and an Arab country to protect cultural heritage at a ceremony in the historic Treaty Room of the U.S. State Department this week. Such :Memoranda of Understanding (or MOUs) are a little used but effective diplomatic tool for the United States, especially given the threat now facing the Middle East and North Africa’s long and significant history from a rampant black market in plundered ancient art. But more importantly, in addition to safeguarding the past, these agreements also close the enormous U.S. art market to illicit antiquities that may be funding terrorism.

The romanticism of Egyptian history—from the boy King Tut and his golden tomb, to Cleopatra, and the Great Pyramids, which are now the sole remainder of the ancient wonders of the world—is celebrated around the globe. Yet during Egypt’s time of political crisis, organized criminals began to chip away at these tangible representations of these legends. Today, ISIS threatens to bomb the Pyramids—and has made several failed attempts.

Protecting culture is an important end in and of itself. Add the potential for violent extremist organizations using illicit antiquities to support terrorism, and it is essential that the United States close its borders to becoming a funding source for these violent causes. Fortunately, the legal tools exist, as today demonstrates, as well as the necessary political will to take action.

As Secretary Kerry eloquently stated at the signing ceremony, “I think it’s a good moment for Egypt, the United States, for the region, for us to make it clear that these antiquities are priceless treasures that do not belong to traffickers and crooks and should not be sold illegally and bought by wealthy people to hide away somewhere. They are the antiquities that belong to the world, that have been protected and should be protected by an old civilization. And so I think this is a great step forward.”

I have spent the last five years shuttling back and forth between Cairo and Washington, DC, and know that there are many in both countries working tirelessly to protect our shared heritage. During that time in Egypt, The Antiquities Coalition has worked through two Revolutions, three different governments, six Ministers of Antiquities, and six Ministers of Foreign Affairs. While the names may have changed on the door, the support for protecting their heritage never wavered. The same dedication exists in the State Department and several of the archaeological organizations.

The signing of this agreement demonstrates the seriousness with which both Egypt and the United States take this threat. Egypt’s action, as a historic leader in the region, will set a new standard for others to meet. Jordan, Lebanon, Morocco, Tunisia, and Mali—all face similar threats to their heritage. And steps should be taken to more fully enforce the existing legislation protecting Syrian and Iraqi antiquities, including additional training for Customs and Border Enforcement at key transit points into the United States.

“We hope that it becomes a roadmap for the protection of these antiquities to preserve them for generations to come and to preserve them against the treachery of those who want to destroy them and to wipe out this commonality of our humanity,” said Egyptian Foreign Minister Shoukry.

As the new Administration develops its Middle East policy, it should consider active negotiation of these MOUs with countries in the region as part of U.S. efforts to fight terrorism—and to build friendships and allies through our shared and storied histories.

PDF of article here 

Egypt Celebrates the Return of Antiquities Seized During Investigation by U.S. Authorities

The end of 2016 has been marked with major successes for Egypt’s cultural heritage. Egypt has celebrated the repatriation of antiquities from France, Jordan, Switzerland, and now the United States. On December 1, 2016 the Egyptian Embassy in Washington, DC hosted a repatriation ceremony to celebrate the return of artifacts seized at the U.S. border by Department of Homeland Security Immigration and Customs Enforcement.

fullsizerenderThe repatriation ceremony was attended by Egypt’s Foreign Minister Sameh Shoukry, who just one day before joined Secretary of State John Kerry to sign a cultural memorandum of understanding (MOU) between the United States and Egypt. The landmark bilateral cultural property agreement with the United States is the first of its kind that the U.S. has signed with a country in the Arab World.

The MOU comes after more than two years of negotiation as Egypt faces a heritage crisis. At the repatriation Foreign Minister Shoukry noted, “…There are evil forces trying to use these antiquities for profit … We are defending a history that serves as a wellspring for civilization.”

The event was presided over by Foreign Minister Sameh Shoukry, Ambassador of the Arab Republic of Egypt to the United States Yasser Reda, Director of U.S. Immigration and Customs Enforcement Sarah R. Saldaña, and Assistant Secretary of State for Educational and Cultural Affairs Evan Ryan. At the ceremony Saldaña officially transferred custody of Egyptian artifacts to the Ambassador Reda, marking the second such ceremony between the U.S. and Egypt in just two years.

fullsizerender-6Ambassador Reda applauded the efforts of U.S. authorities in their investigations and return of Egypt’s heritage, “Across the Middle East and North Africa, irreplaceable treasures are plagued by looting, illegal trade, and senseless destruction… There are times such as this when, thanks to the successful efforts of the Department of Homeland Security, historical treasures are returned to us and given a new life for the benefit of all.”

In April 2015, Department of Homeland Security Immigration and Customs Enforcement returned artifacts to Egypt seized as a result of the “Operation Mummy’s Curse” investigation. That investigation netted more than 7,000 artifacts from multiple countries, including Egypt, as authorities targeted an illicit trafficking network.

1-fullsizerenderThe artifacts returned at the Embassy on December 1 included a child’s wooden sarcophagus, a linen mummy cover and a mummy’s hand from the eighth century B.C. ICE Director Sarah R. Saldaña noted, “While we recognize that cultural property, art, and antiquities are assigned a dollar value in the marketplace, the cultural and symbolic worth of these Egyptian treasures far surpasses any monetary value to the people of Egypt.”

The antiquities being repatriated were seized as a result of multiple investigations by Homeland Security Investigations (HSI). According to Bryan Lewis, the Homeland Security Investigations country attaché at the U.S. Embassy in Cairo, the investigations revealed that some of the funds and antiquities have been traced back to Egypt, the United Arab Emirates, Iraq, and France, as well as other nations.

This promises to be just one more event in an ongoing trend of repatriations as Egypt increases its efforts to seek the return of artifacts illegally trafficked out of the country. U.S. authorities have been ramping up their efforts to stop the import of these trafficked artifacts through U.S. borders as well. Department of Homeland Security Immigration and Customs Enforcement have returned more than 7,800 artifacts to over 30 countries, since 2007.

Landmark Agreement Protects Egypt’s #CultureUnderThreat

By Deborah Lehr

Secretary John Kerry and Egyptian Foreign Minister Sameh Shoukry signed the first bilateral agreement between the U.S. and an Arab country to protect cultural heritage at a ceremony in the historic Treaty Room of the U.S. State Department this week.  Such Memoranda of Understanding (or MOUs) are a little used but effective diplomatic tool for the United States, especially given the threat now facing the Middle East and North Africa’s long and significant history from a rampant black market in plundered ancient art.  But more importantly, in addition to safeguarding the past, these agreements also close the enormous  U.S. art market to illicit antiquities that may be funding terrorism.

The romanticism of Egyptian history—from the boy King Tut and his golden tomb, to Cleopatra, and the Great Pyramids, which are now the sole remainder of the ancient wonders of the world—is celebrated around the globe. Yet during Egypt’s time of political crisis, organized criminals began to chip away at these tangible representations of these legends.  Today, ISIS threatens to bomb the Pyramids—and has made several failed attempts.

Protecting culture is an important end in and of itself.  Add the potential for violent extremist organizations using illicit antiquities to support terrorism, and it is essential that the United States close its borders to becoming a funding source for these violent causes.  Fortunately, the legal tools exist, as today demonstrates, as well as the necessary political will to take action.

As Secretary Kerry eloquently stated at the signing ceremony, “I think it’s a good moment for Egypt, the United States, for the region, for us to make it clear that these antiquities are priceless treasures that do not belong to traffickers and crooks and should not be sold illegally and bought by wealthy people to hide away somewhere. They are the antiquities that belong to the world, that have been protected and should be protected by an old civilization. And so I think this is a great step forward.”

I have spent the last five years shuttling back and forth between Cairo and Washington, DC, and know that there are many in both countries working tirelessly to protect our shared heritage. During that time in Egypt, The Antiquities Coalition has worked through two Revolutions, three different governments, six Ministers of Antiquities, and six Ministers of Foreign Affairs. While the names may have changed on the door, the support for protecting their heritage never wavered. The same dedication exists in the State Department and several of the archaeological organizations.

The signing of this agreement demonstrates the seriousness with which both Egypt and the United States take this threat. Egypt’s action, as a historic leader in the region, will set a new standard for others to meet. Jordan, Lebanon, Morocco, Tunisia, and Mali—all  face similar threats to their heritage. And steps should be taken to more fully enforce the existing legislation protecting Syrian and Iraqi antiquities, including additional training for Customs and Border Enforcement at key transit points into the United States.

“We hope that it becomes a roadmap for the protection of these antiquities to preserve them for generations to come and to preserve them against the treachery of those who want to destroy them and to wipe out this commonality of our humanity,” said Egyptian Foreign Minister Shoukry.

The Antiquities Coalition salutes the State Department for their patience and hard work in bringing this agreement to a conclusion.  Assistant Secretary Ryan, Deputy Assistant Secretary Larry Schwartz, and their teams have worked for almost three years to bring this historic agreement to a conclusion.

For Egypt, this negotiation was started through the vision of then Deputy Chief of Mission Yasser el Naggar who was supported by former Ambassador to the United States and now Foreign Minister Minister, Sameh Shoukry.  Four Ministers of Antiquities have been involved with this agreement: Dr. Zahi Hawass, Dr. Mohamed Ibrahim, Dr. Mohamed elDamaty, and finally, the current Minister, Dr. Khaled elEnany. Foreign Minister Shoukry and his team at the Ministry, as well as at the current Embassy staff, including Ayman Aldesouky, doggedly tracked this agreement to bring it to a conclusion.  We congratulate Egypt for taking this bold step, and for setting the standard for the rest of the Arab Countries in this fight against violent extremism.

The United States And The Arab Republic Of Egypt Sign Historic Agreement To Protect Cultural Heritage

First Cultural Heritage Memorandum of Understanding in Arab World Halts Import of Illicit Egyptian Antiquities and Cuts Off Source of Terrorist Financing

Today in Washington, DC, Secretary of State John Kerry and the Arab Republic of Egypt’s Foreign Minister Sameh Shoukry signed the first memorandum of understanding (MOU) on cultural heritage preservation between the United States and an Arab nation. The Antiquities Coalition congratulates both countries for their dedication to protecting the world’s shared history—as well as cutting off a proven source of funding for violent extremist organizations.

The U.S. government has warned that Daesh has made millions of dollars looting and trafficking antiquities from the Middle East and North Africa. This bilateral agreement provides a legal basis for the United States to close its market to illicit antiquities from Egypt, which have been entering the market since the January 2011 Revolution. Our research shows that from 2011 to 2013, Egypt suffered over $3 billion in losses from antiquities looting and trafficking. In addition, it will encourage cooperation and exchange—including U.S. support for Egyptian museums, exhibitions, capacity building, and safeguarding Egypt’s cultural heritage—as well as increased antiquities loans from Egypt to U.S. museums.

“We commend this bold step by both countries to send a strong signal to violent extremist organizations that culture unites us and should not be used as a means to divide us,”  said Deborah Lehr, founder and Chairman of the Antiquities Coalition. “Egypt’s leadership today will set an example for other countries in the region to take action to conclude similar agreements.”

As Secretary Kerry eloquently stated at the signing ceremony, “I think it’s a good moment for Egypt, the United States, for the region, for us to make it clear that these antiquities are priceless treasures that do not belong to traffickers and crooks and should not be sold illegally and bought by wealthy people to hide away somewhere. They are the antiquities that belong to the world, that have been protected and should be protected by an old civilization. And so I think this is a great step forward.”

Egypt has already incorporated heritage protection into its fight against violent extremism and its efforts to revitalize its economy through cultural tourism.  In 2015, Egypt hosted the first #CultureUnderThreat Conference, in partnership with the Antiquities Coalition, which brought together Ministers from ten Arab countries to focus on a regional effort to better cut off terrorist financing by stopping the illicit trade in so-called “blood antiquities.”

“We hope that it becomes a roadmap for the protection of these antiquities to preserve them for generations to come and to preserve them against the treachery of those who want to destroy them and to wipe out this commonality of our humanity,” said Egyptian Foreign Minister Shoukry.

With today’s agreement, the United States now has cultural memoranda of understanding with sixteen countries, and has imposed emergency actions with similar terms for Iraq and Syria. Such MOUs between demand (“market”) and supply (“source”) countries are a proven tool in discouraging the illicit trade in antiquities and benefit all parties. The restriction of imports of illicit cultural goods to the United States significantly constrains the global black market, given the U.S. position as a leading market for art and antiquities. From the U.S. perspective, MOUs also serve the U.S. interest in decreasing international criminal activity, while strengthening relationships with its allies.

About the Antiquities Coalition The Antiquities Coalition unites a diverse group of experts in the fight against cultural racketeering: the illicit trade in antiquities by organized criminals and terrorist organizations. This plunder for profit funds crime and conflict around the world—erasing our past and threatening our future. The Coalition’s innovative and practical solutions tackle crimes against heritage head on, empowering communities and countries in crisis. Learn more at  theantiquitiescoalition.org.

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Contact: Sonam Deki
press@theantiquitiescoalition.org
202.798.5245 (T), 202.768.9778 (C)