Author: Parker Blackwell

“Notice and Comment”: How Industry Can Help Shape the New Anti-Money Laundering Regulations for the Antiquities Market

Posted on by Parker Blackwell

Background 

On January 1, 2021, Congress enacted the Anti-Money Laundering Act of 2020 (the “AML Act”) as part of the National Defense Authorization Act (NDAA) for 2021.  

The AML Act amends and expands the longstanding Bank Secrecy Act (BSA) in several ways.  Most notably, for those involved in the antiquities market, this new BSA amendment will soon apply the BSA’s anti-money laundering (AML) requirements to any “person engaged in the trade of antiquities, including an advisor, consultant, or any other person who engages as a business in the solicitation or the sale of antiquities, subject to regulations prescribed by the [Treasury] Secretary.”1

In essence, the United States’ AML laws will soon apply, in some fashion, to individuals and companies involved in the antiquities market.  

If the AML Act was enacted at the beginning of this year, are antiquities market participants already subject to the AML requirements in the BSA? 

Not yet.  U.S. federal law often comprises two components:  the legislation (enacted by Congress) and the regulations, also called rules or requirements (written and carried out by Executive Branch departments and agencies).2  Rules provide more detail for how to comply with the legislation after a public notice and comment process.

Here, Congress has enacted legislation in the form of the AML Act.  That legislation, in turn, requires the Treasury Department to draft and issue the new regulations that will apply to the antiquities market.   

The AML Act requires the Treasury Department to issue proposed rules within 360 days of January 1, 2021.3  It also specifies that the new requirements on the antiquities market won’t take effect until the “effective date of the final rules issued by the Secretary of the Treasury . . .”4  Final rules cannot be issued without permitting the public to weigh in on any proposed rules during a “notice and comment” period.  This means that before the antiquities market can be subject to any rules, the rules must be drafted, made public and open for comment, and revised into final rules–a process that is likely to take several months. 

However, financial institutions, as defined under the BSA and already subject to the BSA’s anti-money laundering requirements, should be aware of a March 9, 2021, notice issued by the Financial Crimes Enforcement Network (FinCEN), which is the specific Treasury Department bureau that imposes and carries out the BSA regulations.  

The notice, titled “FinCEN Informs Financial Institutions of Efforts Related to Trade in Antiquities and Art,” alerts financial institutions that illicit activity connected with the antiquities market could already be affecting them.  It also includes instructions for filing Suspicious Activity Reports (SARs) for transactions relating to art and antiquities.  

Organizations that were already subject to BSA requirements before the AML Act was enacted should be sure to review the FinCEN notice.  

How can antiquities market participants have a say in the new regulations?

Before federal rules can be finalized, the federal agency that is drafting them must publish the proposed rules and open them to comment by the public, during what is known as a “notice and comment” period.  The public can comment on the rules through the Regulations.gov website.

The agency can choose to involve the public before publishing proposed rules, by holding informal conversations with interested people and organizations.  It can also publish an “Advanced Notice of Proposed Rulemaking” in the Federal Register, to which interested individuals may respond by submitting comments and recommendations.5  

Once the proposed rules are drafted, the agency must publish them as a Notice of Proposed Rule Making (NPRM) in the Federal Register.  The public is then encouraged to submit comments via Regulations.gov.  Examples of comments on other proposed rules can also be found on Regulations.gov. 

What are the proposed regulations likely to say?

The AML Act requires the Treasury Department’s Financial Crimes Enforcement Network (FinCEN), which imposes and carries out the BSA regulations, to coordinate with the FBI, Attorney General, and Homeland Security Investigations (HSI) to consider several factors when drafting its proposed rules.  These factors are the best indication of what the regulations will address: 

  • (A) the appropriate scope for the rulemaking, including determining which persons should be subject to the rulemaking, by size, type of business, domestic or international geographical locations, or otherwise;
  • (B) the degree to which the regulations should focus on high-value trade in antiquities, and on the need to identify the actual purchasers of such antiquities, in addition to the agents or intermediaries acting for or on behalf of such purchasers;
  • (C) the need, if any, to identify persons who are dealers, advisors, consultants, or any other persons who engage as a business in the trade in antiquities;
  • (D) whether thresholds should apply in determining which persons to regulate;
  • (E) whether certain exemptions should apply to the regulations; and
  • (F) any other matter the Secretary determines appropriate.6 

When can the public comment on the proposed regulations?

FinCEN has not yet issued a Notice of Proposed Rulemaking for the antiquities market regulations; it is required to do so within 360 days of January 1, 2021.7  

Once it issues the Notice, FinCEN will likely specify a comment period of at least 30-60 days.  It may also hold public hearings where people can make statements and submit data. 

1 NDAA Sec. 6110(a)(1)(B), to be codified at 31 U.S.C. Section 5312(a)(2)(Y), available at https://www.congress.gov/bill/116th-congress/house-bill/6395/text.
2 “Regulations” and “rules” are typically used interchangeably, as they are in this FAQ. See https://www.federalregister.gov/uploads/2011/01/the_rulemaking_process.pdf note 1.
3 Id. Sec. 6110(b)(1).
4 Id. Sec. 6001(a)(2), emphasis added.
5 See https://www.federalregister.gov/uploads/2011/01/the_rulemaking_process.pdf.
6 NDAA Sec. 6110(b)(2)(A)-(F).
7 Id. Sec. 6110(b)(1).

About the Author: Betsy Feuerstein is an attorney and member of the Antiquities Coalition’s Financial Crimes Task Force. Her practice has focused on international economic sanctions, anti-money laundering, and anti-corruption matters. Ms. Feuerstein earned her J.D. at New York University School of Law, and earned a B.A. in Political Science and Art History from Northwestern University.

Comments Submitted on the Draft Policy on Cultural Heritage of the Office of the Prosecutor of the International Criminal Court

Posted on by Parker Blackwell

On 16 April 2021, a diverse group of experts, including practicing attorneys, law professors and scholars, archaeologists, and other professionals with extensive expertise and experience in cultural heritage law, ICL and IHL submitted comments to the ICC Office of the Prosecutor’s Draft Policy on Cultural Heritage.

In summary, the Comments emphasized the importance of the OTP’s Draft Policy on Cultural Heritage given the lack of global consensus around priorities, practices, and policies for investigating and prosecuting cultural heritage crimes. The Comment addressed the scope of the Draft Policy and called on the OTP to provide concrete examples within its Policy that demonstrate the broad nature of cultural heritage and crimes that may target it, and better illustrate the full scope of the global problem. They supported the OTP taking a comprehensive and expansive view of the terms ‘cultural heritage’ and ‘cultural property’, including natural and intangible heritage, but noted that the Draft Policy’s current definition may unintentionally exclude certain types of cultural heritage.

Regarding the Court’s Regulatory Framework, the Comments urged the OTP to make full use of applicable treaties, the principles and rules of international law, and jurisprudence concerning cultural heritage and property. The Comments provided notes on the OTP’s approach to natural heritage, and sought further guidance on military necessity and proportionality and their relation to cultural value for both selection and prosecution of crimes. The Comments also encourage consideration of wider international law sources on the crime of pillage and its serious consequences, and urged that the OTP look to ways to prosecute pillage through other provisions of the Rome Statute, especially when it may rise to an attack or act of hostility.

The Comments noted that the Draft Policy lacked discussion on the OTP’s position on reparations for crimes against and affecting cultural heritage and property, and asked for clarification on a number of issues that are particularly critical to successful case selection, investigations, and prosecutions, including the mens rea requirement; the OTP’s assessment of the factors determining gravity; and how the court aims to collect, preserve, and maintain the chain of custody for evidence used in trials, as well as ensure the integrity, quality, comprehensiveness, and relevance of the evidence itself.

The Comments were prepared and submitted by the following individuals:

Helena Arose, Project Director, The Antiquities Coalition

Alessandro Chechi, Senior Researcher, University of Geneva

Emma Cunliffe, Secretariat, Blue Shield International

Brian Daniels,Vice President for Cultural Heritage, Archaeological Institute of America

Tess Davis, Executive Director, The Antiquities Coalition

Haydee Dijkstal, Barrister, 33 Bedford Row

Kristin Hausler, Dorset Senior Fellow, Centre Director, British Institute of International and Comparative Law

Yasaman Nabati Mazloumi, Secretariat, Blue Shield International

James Reap, Professor, University of Georgia

Marc-André Renold, Professor and Director of the Art-Law Centre (CDA), University of Geneva

G20 Prioritizes the Fight Against Cultural Racketeering with High Level Event of Key Stakeholders

Posted on by Parker Blackwell

Antiquities Coalition Urges Coordinated Action to Combat the Illicit Trade in Art and Artifacts

Last week, Deborah Lehr, Founder and Chairman of the Antiquities Coalition, joined leaders from government, law enforcement, and civil society in the Group of 20’s (G20) first public program tackling the cultural racketeering crisis. The April 9 webinar, Protection of Cultural Heritage and the Prevention of Illicit Trafficking, opened a series of virtual events that will lead up to a planned in-person convening of Cultural Ministers from all G20 member states later this year. The Antiquities Coalition was honored to be one of the few non-governmental organizations invited to share its expertise on this important topic along with distinguished individuals and institutions from around the world.

As part of its Presidency of the G20, Italy is organizing these programs to develop recommendations for G20 countries about the risks their markets face from transnational crimes via art and artifacts, including smuggling, money laundering, and terrorist financing. The G20, the lead forum for international economic and financial cooperation, brings together the governments and central bank governors from 19 members including the United States and the European Union. Under Italy, it has prioritized combating the illicit trade, as well as other threats facing cultural heritage such as climate change. 

“The G20 is in a unique position to make a difference,” Lehr noted during the April 9 meeting,  because “together its membership accounts for 90% of the worldwide art market.” She stressed that while past efforts to combat cultural racketeering dealt almost exclusively with cultural ministries, only a whole-of-government approach and international cooperation will be effective. She commended the G20, under Italy’s leadership, “for recognizing the need for political will at the top to halt this pillaging of history and the robbing of the economic vitality of countries dependent upon cultural tourism.”

The webinar featured prominent policymakers and leaders of international organizations including Dario Franceschini, Minister of Culture of the Italian Republic; Brigadier General Roberto Riccardi, Commander of the Carabinieri for the Protection of Cultural Heritage; Corrado Catesi, Head of the INTERPOL Works of Art Unit; and Maria Chiara Malaguti, President of UNIDROIT; as well as senior representatives from the World Customs Organization, the International Criminal Court, and UNESCO. Lehr presented alongside top experts from a wide range of countries, including Italy, Australia, Belgium, China, France, Mexico, Saudi Arabia, South Africa, Syria, and Turkey. Of the over 30 speakers in the session, she stood out as being one of the only American participants. 

As G20 considers where it can best target its efforts, Lehr recommended five actions that it should take as an institution or through its members: 

  • Better Understand the Problem. The lack of reliable statistics on the size of the illicit trade has hampered governments abilities to take the appropriate actions. Therefore, the G20 could make a major impact by commissioning research to quantify crimes in art and antiquities. This work would also be furthered by encouraging G20 members to be vigilant in tracking and reporting on their own statistics.
  • An Awareness Campaign. The G20 could use its platform to help policymakers, the private sector, and the general public better understand the threats from cultural racketeering and why it is important to only buy antiquities with a verified provenance. 
  • Strengthening the Legal Framework. The international legal framework for dealing with the illicit trade was developed in the 1970s. It is time to upgrade conventions and create new institutions, while encouraging member countries to review their own laws and regulations. 
  • Capacity Building. It is not easy to recognize an ancient amphora from a recent one. Training border patrol and customs officials, as well as designated dedicated investigators and prosecutors, can make a significant difference. The Carabinieri—considered the gold standard—demonstrate what an impact this can make.
  • Commit to Continuing Action. A statement in the final communiqué would send a strong message that top global leaders are dedicated to stamping out this crime.

In addition, the Antiquities Coalition proposed hosting an annual summit of the key players, including countries of origin and market countries, law enforcement, the private sector and others. Such an event, held on the margins of the G20, would provide an opportunity for key stakeholders to find ways to work together in support of our shared goal—stopping the robbing of our shared heritage.

The Italian G20 Presidency held two more culture webinars this week, on April 12 and April 13.

To watch Lehr’s remarks, visit here (at the 1:43:20–1:48:20 timestamp).

To watch the full webinar recordings and view the program of events, visit here.

Antiquities Coalition Highlights Need for U.S.–Turkey Bilateral Agreement in The Art Newspaper

Posted on by Parker Blackwell

The Antiquities Coalition recognized the merits of the recent cultural memorandum of understanding (MOU) between the United States and Turkey in comments published on February 3 in The Art Newspaper.

“For the [UNESCO] treaty to have domestic effect under American law, an MOU is needed,” Antiquities Coalition Executive Director Tess Davis told journalist Ayla Jean Yackley, referring to the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, which the Antiquities Coalition explored in a recent story map celebrating the treaty’s fiftieth anniversary. “US import restrictions can deal a major blow against the global black market in looted Turkish antiquities.”

The import restrictions, which the United States and Turkey signed on January 19, apply to certain archaeological and ethnological materials—including various kinds of archaeological materials created between 1,200,000 BC and AD 1770, as well as various kinds of ethnological materials created between the 1st century AD and 1923—that have not been licensed by the Turkish government for legal exportation.

While this agreement does not advance Turkey’s efforts to repatriate the thousands of antiquities it has already lost—many, presumably, to Western collectors and museums—it will facilitate responsible cultural exchange for years to come.

The agreement is not without controversy, as opponents of the MOU argue that Turkey has not fulfilled its obligations as a State Party to the 1970 UNESCO Convention, alleging that the country has failed to provide adequate protections for the cultural heritage of its minority groups.

In response to that perspective, Davis told Yackley that this MOU can be a “powerful tool,” having the potential to encourage Turkey to make greater strides in defending the cultural heritage of all of its peoples.

“Advocates for minority cultural heritage in Turkey should view this MOU not as an obstacle but as a stepping stone to further their critical work,” Davis said. “It gives them a mechanism to make their voices heard and realise much-needed change.”

AC Founder and Chairman Deborah Lehr Advocates to Protect Art Market From Money Launderers in Op-Ed

Posted on by Parker Blackwell

A 150-page report released by the U.S. Senate’s Permanent Subcommittee on Investigations earlier this month revealed that two Russian billionaires—construction and energy magnates Arkady and Boris Rotenberg—exploited the $28.3 billion American art market to skirt U.S. sanctions and launder no less than $18 million.

What’s more, when it comes to taking advantage of the American art market’s lack of laws and regulations, this pair is far from alone: According to what one subcommittee staffer told Politico reporters, the findings published through this inquiry are likely to represent “only the tip of the iceberg.”

Antiquities Coalition Founder and Chairman Deborah Lehr reflected on the investigation in an August 8 op-ed for The Hill, highlighting how the PSI now echoes the Antiquities Coalition and other legitimate art advocates—not only in labelling the art market as “the largest legal, unregulated market in the United States,” but also in recommending that Congress amend the Bank Secrecy Act so as to regulate high-value art transactions.

“For our national security and global standing, we must add the multibillion-dollar art industry to the community of private-sector combatants in the battle against money-laundering and terrorist financing,” Lehr urged.

Read Lehr’s full op-ed here.

Antiquities Coalition’s #CultureUnderThreat Conference

Posted on by Parker Blackwell
Judeh
His Excellency Nasser Judeh, Jordan’s Deputy Prime Minister and Minister of Foreign Affairs of the Hashemite Kingdom of Jordan provides opening remarks at the #CultureUnderThreat Conference on September 8, 2016.

In Amman, on September 8, the Antiquities Coalition, Middle East Institute, and Government of the Hashemite Kingdom of Jordan hosted seventeen Middle East and North African countries and the League of Arab States for the second annual Ministerial-level #CultureUnderThreat Conference to coordinate efforts to halt the use of antiquities trafficking as a source of terrorist financing. Under the leadership of His Excellency Nasser Judeh, Jordan’s Deputy Prime Minister and Minister of Foreign Affairs, the Middle East and North Africa Task Force Against Cultural Racketeering also held its inaugural meeting to develop a detailed, aggressive five part initiative. Jordan and Egypt—which hosted the 2015 #CultureUnderThreat Conference—continue to play a leadership role in driving this process.

The Task Force, which will meet on a biannual basis, will coordinate its efforts in the following ways:

  • Information Sharing Mechanisms: Establish mechanisms to strengthen information sharing, particularly in the areas of best practices, antiquities auctions, financial aid, and the possible establishment of a “Provenance Verification System” for pieces sold overseas.
  • Cultural Memoranda of Understandings: Launch bilateral negotiations with “demand” countries, and invite the Arab League to look into strengthening regional collaboration in the fight antiquities racketeering.
  • Capacity Building: Provide border patrol and customs agents with comprehensive training on combating the illicit antiquities trade, ensure that local law enforcement agencies play a primary role in the prevention of the illicit trafficking of cultural properties, and explore methods of collaboration and support among regional, subregional, and UN organizations.
  • Heritage Jobs Initiative: Establish a pilot project with interested countries to test job creation opportunities around heritage sites.
  • Awareness Campaign: Create and launch an awareness campaign against the purchase of “blood” and looted antiquities, which was agreed upon during the May 2015 #CultureUnderThreat Conference.

International experts attended to provide counsel to the task force including Dr. Amr Al-Azm, Shawnee State University; Dr. Neil Brodie, University of Oxford; Ms. Sandra Cobden, Christie’s Auction House; Dr. Larry Coben, Sustainable Preservation Institute; Mr. Jose Angelo Estrella Faria, UNIDROIT; and Dr. Patty Gerstenblith, DePaul University College of Law.  We were fortunate that U.S. Deputy Assistant Secretary of State Larry Schwartz also participated to discuss the role of the State Department in protecting heritage and encouraging countries to cooperate with the United States.

Her Excellency Lina Annab, Jordan’s Minister of Tourism and Antiquities, chaired the conference, with great success. At the conclusion of the day-long discussions, the ministers issued the Amman Communiqué, which outlines priority areas for cooperation. The Communiqué states, “The participating countries agree that crimes against culture are crimes against civilization. They pledge to work together to bring this illicit trade to a halt.”

DSCN0184
Jordan’s Ministry of Tourism and Antiquities held a dinner at the Amman Citadel in the shadow of the Temple of Hercules to celebrate the close of the Second Regional #CultureUnderThreat Conference.

The Amman Communiqué builds upon the 2015 Cairo Declaration, in which ministers from ten countries agreed to take steps to combat cultural crimes at the first #CultureUnderThreat Conference in Cairo, Egypt, as well as a follow-up summit held in September on the margins of the United Nations General Assembly meetings. The day concluded with Minister Annab hosting the attendees at a dinner under the stars at the historic Temple of Hercules of the Amman Citadel.

The signatories of the Amman Communiqué are the the Governments of the Hashemite Kingdom of Jordan, Arab Republic of Egypt, Islamic Republic of Mauritania, Kingdom of Bahrain, Kingdom of Morocco, Kingdom of Saudi Arabia, Lebanese Republic, Palestinian Authority, People’s Democratic Republic of Algeria, Republic of Iraq, Republic of Sudan, Republic of Tunisia, Republic of Yemen, State of Kuwait, State of Libya, State of Qatar, Sultanate of Oman, and United Arab Emirates. The League of Arab States also participated in the conference.

The #CultureUnderThreat Conference is held on an annual basis. The Antiquities Coalition will also be bringing together global leaders and other organizations involved in the campaign to fight against cultural racketeering in an event with the Asia Society on September 16 on the margins of the U.N. General Assembly.

The unprecedented number of participating nations stands against a backdrop of continued looting and illicit trade in cultural materials. That black marketeering has netted Daesh and other extremist organizations millions of dollars and put millions of archaeological, cultural, and religious sites and objects across the MENA region at risk from armed conflict, targeted destruction, and organized plunder. While Daesh’s campaign of looting and destruction is conducted primarily in Iraq and Syria, violent extremist organizations have engaged in attacks against culture across the region, including Egypt, Libya, Tunisia, and Yemen.

This urgent threat has helped to galvanize both governments and nongovernmental organizations. In addition to launching the Task Force, the participating countries have also tasked the Antiquities Coalition with developing an International Advisory Committee to will support their efforts. Please continue to follow our website for future updates as the countries actively begin to implement their plan over the upcoming year.

Heritage in the Headlines During UNGA

Posted on by Parker Blackwell

It was a headline week for the protection of cultural heritage.

When leaders from more than 160 countries gathered in New York City last week for the 70th Session of the United Nations General Assembly (UNGA), a main topic of discussion for the attending heads of state was how to combat the growing strength of violent extremist groups in the Middle East.

Critical to this effort is cutting off all possible sources of funding that support terrorist organizations such as ISIS. While Al Qaeda depended on donations from rich benefactors, ISIS has robbed, extorted, and kidnapped its way to becoming one of the wealthiest terrorist networks in history. The looting and trafficking of antiquities has played a key part in this economic strategy, while the destruction of cultural, historic, and religious sites has had the added “benefit” of further terrorizing the civilian population.

This past week, UNGA served as a platform for bringing together the key players from leading countries, international organizations, and law enforcement agencies, as well as the arts and archaeological communities, in a series of conferences to seek innovative solutions to halt the trafficking of “blood antiquities.” Never before has there been this level of political will from the global community in seeking real answers to this cultural, economic, and security crisis. The world is now on notice that buying or selling blood antiquities — especially when the proceeds can support terrorist causes — will no longer be tolerated.

On September 24, with our partners the Asia Society, Middle East Institute, and UNESCO, the Antiquities Coalition was proud to host a solutions-oriented forum with the Foreign Ministers of Iraq, Jordan, Egypt and Australia, in addition to senior delegations from Cambodia, Italy, Qatar, Saudi Arabia, and Thailand. This unprecedented gathering brought together policymakers and leading experts to develop and implement recommendations for halting this black trade. From this event, we are now spearheading the #CultureUnderThreat Task Force, comprised of law enforcement agents, business leaders, anti-terrorism experts, as well representatives from the arts and antiquities communities. This group will work to raise awareness about the linkages between the cultural racketeering and terrorist financing, close down markets to blood antiquities, and provide in country support to those who are risking their lives to protect our shared heritage. The task force will publish a set of recommendations before the end of the year and work with key stakeholders to realize their implementation.

Three days later on September 27, the United Nations also launched a new initiative, chaired by the Foreign Ministers of Jordan and Italy, with strong support from UNESCO, the U.N. Office of Drugs and Crime, and Interpol. This initiative aims to strengthen the political determination of member countries to take the necessary steps to shut down the illicit trade. The five partners have committed to a multifaceted campaign focusing on three aspects:

  • Preventing the destruction and illicit trafficking of cultural property
  • Interdicting the transit and transfer of cultural property
  • Cutting off financing of organized crime and terrorism

The Antiquities Coalition is honored to be working with Italy, Jordan, and the United Nations on this important effort.

As a special guest, Fatou Bensouda, the Prosecutor of the International Criminal Court (ICC), joined the proceedings by video to announce the arrest of Ahmad Al Faqi Al Mahdi, a senior member of the Ansar Dine, a terrorist group with connections to Al-Qaeda. He is charged with the intentional destruction of religious and/or historical monuments in Mali. This case sets a precedent as the first time that destruction of heritage is being treated as a crime of war by the ICC.

This event was followed on September 29 by another major program, in which the State Department, brought together law enforcement officials from the FBI, UNODC, and the Department of Homeland Security at the Metropolitan Museum. For the first time, U.S. law enforcement provided extensive (and recently declassified) evidence of how ISIS is benefitting from the trafficking of antiquities. The extremist organization is actively promoting plunder for profit by granting permits for new digs and taxing the sales, as well as raiding archaeological sites, museums and warehouses. These officials confirmed that the United States is one of the largest markets for these blood antiquities.

Even more importantly, they put the arts community on notice that the federal government is cracking down on illicit sales, and will take severe action against those that are knowingly supporting terrorism through the purchase of blood antiquities.

Heads of state also reconfirmed their commitment to fighting against the intentional destruction and trafficking of heritage. As part of the Leaders’ Summit on Countering ISIL and Violent Extremism, members reiterated their support for cutting off sources of funding for extremist groups. The development of an informal Public-Private Partnership to protect antiquities in Syria and Iraq was also announced, although details are limited on the partnership at this stage.

Lastly, no greater authority than Pope Francis, the unparalleled star of the past week, noted in his speech before the United Nations,

“…regarding to the painful situation of the entire Middle East North Africa and other African countries where Christians together with other cultural or ethnic groups and even members of the majority religion who have no desire to be caught up in hatred and folly have been forced to witness the destruction of their places of worship their cultural and religious heritage their houses and property and have faced the alternative either of fleeing or of paying for their adhesion to good and to peace by their own lives or by enslavement.”

Political will to take action is one of the critical elements to successfully halt the trafficking of blood antiquities. A significant step forward has been taken this week in raising the profile on this heinous crime – as well as some initial steps towards cracking down on those who allow it to continue. The Antiquities Coalition is inspired by this week’s progress, but there is still a significant challenge ahead of us in bringing a halt to this activity. We encourage all of you to join us in this fight in any way that you can. And please don’t buy blood antiquities.

Please sign our Call to Action

Cultural Property Advisory Committee (CPAC) hearing on Egypt’s MoU request for US import restrictions to combat the looting of Egyptian antiquities

Posted on by Parker Blackwell

The Antiquities Coalition strongly supports the request of the Egyptian government for the United States to provide additional protections against the import of illicit Egyptian antiquities.  We urge the Cultural Property Advisory Committee to the State Department to make a swift determination based on the clear evidence that Egypt meets the necessary criteria for accepting such a request, as well as the dire situation Egypt is facing in protecting its antiquities during its time of political transition.

United_States_Department_of_State_headquartersOn June 2, The Cultural Property Advisory Committee to the U.S. State Department held a public hearing to consider the Egyptian government’s request for a bilateral Cultural Heritage memorandum of understanding (MOU). The Egyptian government requested this MOU to help in its battle against the rise of cultural racketeering – the systematic looting of antiquities by organized crime – since the January 2011.  If the Advisory Committee recommends that State accept Egypt’s request, State can direct the US Customs to halt the import of Egyptian antiquities without the proper documentation.

Monica Hanna, founder of the Egypt’s Heritage Task Force, traveled from Cairo to voice her support for this important initiative.  Her photos and personal account of the rapid and significant looting of sites across Egypt tell a tale of immense crisis.  Sarah Parcak, Associate Professor of Anthropology at the University of Alabama/Birmingham, shared that looting has increased at major archaeological sites by 500-1000% based on her analysis of satellite imagery done in association with the Antiquities   And Brian Daniels, Director of Research and Programs at the University of Pennsylvania’s Cultural Heritage Center, commented on the work of the Egyptian government in fighting against cultural racketeering.  Dr. Daniels addressed the fact that the 12,000 guards hired to protect sites by the Egyptian government is not an insignificant number and emphasized that event during the periods of turmoil Egypt the Egyptian government has sent guards and police resources to protect sites.

Speakers in favor of MoU for import restrictions on illicit antiquities. Left to Right: Douglas Boin; Sarah Parcak; Elizabeth Varner; Monica Hanna; Brian Daniels (Photo Credit: Katie Paul, The Antiquities Coalition)
Speakers in favor of MoU for import restrictions on illicit
antiquities. Left to Right: Douglas Boin; Sarah Parcak;
Elizabeth Varner; Monica Hanna; Brian Daniels
(Photo Credit: Katie Paul, The Antiquities Coalition)

Opposition to the MOU came primarily from Numismatists.  Representatives of the industry did not disagree with the basic requests of the Egyptian government, but strongly opposed the including of coins as part of the MOU. They allege that it is difficult to ensure that “small antiquities” including coins have the appropriate paperwork to ensure that they were obtained legitimately.  Lack of paperwork complicates or even blocks the import of these antiquities.

We look to Secretary Kerry to be a modern day “Monuments Men” in taking seriously the crime of cultural racketeering, starting with the rapid conclusion of a strong and meaningful cultural heritage MOU with Egypt. Conclusion of this agreement will provide a foundation for cooperation in protecting our common heritage. But more important, it signifies that the United States is prepared to take a leadership role in actively supporting countries across the globe – Egypt, Iraq, Syria, Peru, Guatemala, China, Cambodia and many more – in their fight to protect our common heritage.  Cultural racketeering is a global crisis that requires a global solution. It provides an opportunity to build on the United States’ legacy from WWII and continue fight against those attempting to erase our past to eradicate our future.

The Cultural Property Advisory Committee (CPAC) of the US Department of State is chaired by Prof. Patty Gerstenblith of the DePaul College of Law, and consists of members representing museums, archaeology, the international sale of cultural property, and the general public.

Full list of Speakers at Egypt MoU Public Hearing on June 2, 2014 

In favor of MoU: 

Dr. David O’Connor, Lila Acheson Wallace Professor of Ancient Egyptian Art, Institute of Fine Arts, New York University – at hearing to represent American Research Centre in Egypt (ARCE)

Dr. Laurel Bestock, Vartan Gregorian Assistant Professor of Archaeology and the Ancient World and Egyptology and Ancient Western Asian Studies – at hearing to represent American Research Centre in Egypt (ARCE)

Dr. Douglas Boin, Assistant Professor, St. Louis University Art History Department

Elizabeth Varner, President-Elect, Board of Directors, Lawyers’ Committee for Cultural Heritage Preservation, Executive Director, National Art Museum of Sport – at hearing to represent Lawyers’ Committee for Cultural Heritage Preservation (LCCHP)

Dr. Carmen Arnold-Biucchi, Ancient Coins Curator, Harvard Art Museums

Dr. Monica Hanna, Egyptologist, American University of Cairo; Founder of Egypt’s Heritage Task Force
**NOTE: Dr. Hanna was the only Egyptian on the panel during the public hearing and provided a significant amount of on the ground photo evidence (much of this can be found online at Egypt’s Heritage Task Force) 

Dr. Sarah Parcak, Associate Professor of Anthropology at the University of Alabama at Birmingham; Society for American Archaeology; The Antiquities Coalition and International Coalition to Protect Egyptian Antiquities ‘ICPEA’ – at hearing to represent Society for American Archaeology (SAA) and The Antiquities Coalition

Dr. Brian Daniels, Director of Research and Programs, Penn Cultural Heritage Center and Society for American Archaeology – at hearing to represent Penn Cultural Heritage Center and Society for American Archeology (SAA)

Opposed to MoU: 

Alan Safani, Art Dealer, International Association of Dealers in Ancient Art (IADAA)
**NOTE: Mr. Safani publicly supports the MoU but only in the case of newly surfaced illicit materials from Egypt 

Peter Tompa, Lobbyist, International Association of Professional Numismatists (“IAPN”) and the Professional Numismatists Guild – at hearing to represent International Association of Professional Numismatists (“IAPN”)

Mr. Wayne Sayles, Founder, Ancient Coin Collectors Guild – at hearing to represent Ancient Coin Collectors Guild

AC Efforts to Support Egypt Cited in New York Times

Posted on by Parker Blackwell

The New York Times documents Egypt’s request for the United States to impose emergency restrictions on the importing of Egyptian antiquities. The article cites the AC’s efforts to support Egypt’s request.

A wide-ranging group of experts who support Egypt’s bid for restrictions, among them historians, archaeologists, cultural heritage lawyers and security consultants, met with Dr. Ali at his embassy on Wednesday to discuss Egypt’s plight. Several of them, members of the Antiquities Coalition, a research group, said there was no question that stolen Egyptian relics are appearing for sale on websites and in dealers’ catalogs in the United States.

Read the full article here.

Crime and Conflict: Temple Looting in Cambodia

Posted on by Parker Blackwell

Davis, T. and Mackenzie, S. (2014) ‘Crime and Conflict: Temple Looting in Cambodia’. In J. Kila and M. Balcells (eds) Cultural Property Crimes: an overview and analysis on contemporary perspectives and trends (Brill: Leiden) 292–306.

As we are seeing now with the “Arab Spring,” and have seen throughout history, cultural destruction is often a handmaiden to conflict. In the Southeast Asian nation of Cambodia, fighting erupted between government forces and the communist Khmer Rouge in 1970 and did not end until the 1998 death of Pol Pot and subsequent surrender of his remaining forces. While contemporary accounts and photographs confirm the country’s ancient Hindu and Buddhist temples were largely intact before the war, most were then cut off from the outside world for decades, and some remain difficult and even dangerous to reach today due to poor roads, jungles, land mines, and unexploded ordnance (uxo). It is thus only now becoming possible to systematically investigate the wartime plunder of Cambodia’s antiquities, an undertaking that is growing more important each year as the country steps up efforts to recover its stolen treasures from overseas collections.

Cambodia is internationally celebrated for the twelfth-century ruins of Angkor Wat, the crowning achievement of the Khmer Empire, which ruled much of Southeast Asia from the ninth to fijifteenth centuries. But this temple— said to be the largest religious monument in the world—is just one of many in the country. While only the size of the us state of Oklahoma, Cambodia boasts 4,000 known prehistoric and historic sites, with more discovered each year (mocfa, 2013). But despite a long tradition of archaeology dating back to the French colonial era (1867–1953), only a fraction has been thoroughly surveyed, and even fewer scientifically excavated. So when looters reach them first, the only evidence of theft is often an empty hole in the ground, or an empty space on a temple wall. Calculating how many antiquities have been stolen and their value is thus very difficult.

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CAI Chairman Interviewed for AnthroNotes

Posted on by Parker Blackwell

Deborah Lehr, Chairman of the Capitol Archaeological Institute (CAI) at George Washington University, and Dr. Eric Cline, Director of the CAI, joined AnthroNotes for an interview on the CAI’s efforts to fight cultural racketeering.

After seeing the Egyptian people stand up to protect the Cairo Museum against the looters, we believed our Institute, whose mission is to view archaeology as a tool of diplomacy, needed to take action. – Deborah Lehr

Read the full interview here.