Hiển thị các bài đăng có nhãn memorandum of understanding (MoU). Hiển thị tất cả bài đăng
Hiển thị các bài đăng có nhãn memorandum of understanding (MoU). Hiển thị tất cả bài đăng

Thứ Tư, 24 tháng 4, 2013

Arguments For and Against U.S.-China MoU Renewal Submitted to CPAC

"The import restrictions are intended to reduce the incentive for pillage and illicit trafficking in cultural objects." That was the conclusion of the United States government on January 14, 2009 when it enacted protective import controls over endangered cultural property coming from China. Now the bilateral agreement, or Memorandum of Understanding (MoU), enacted between the two countries is up for renewal. The current MoU, authorized by the Convention on Cultural Property Implementation Act (CPIA), protects archaeological material from the Paleolithic Period through the Tang Dynasty as well as monumental sculpture and wall art older than 250 years.

The Cultural Property Advisory Committee (CPAC) meets next month at the U.S. State Department to listen to public comment. In anticipation of the meeting, individuals and groups have submitted written arguments for and against the MoU's renewal.

The Virginia Museum of Fine Arts writes that it "endorses the proposal to renew the Memorandum of Understanding and particularly applauds the efforts of the memorandum to enhance collaboration between China and the US in understanding the culture of China and its artifacts of world significance." The museum adds, "Our experience with the Palace Museum [Beijing] has been exceptional – collegial, collaborative, and open."

But Dan Monroe, Immediate Past President of the Association of Art Museum Directors (AAMD) and writing on behalf of the AAMD urges caution. He asks CPAC to
(1) carefully and thoroughly consider the impact of the current import ban on the protection of Chinese art and archaeological material; (2) reject any effort to extend the import ban to material created after the Tang Dynasty; and (3) assure that if the current import ban is extended the Chinese government will assure that it is vastly easier for American museums to arrange short and long-term loans from Chinese museums for purposes of exhibition, cultural exchange, and scholarship.
Monroe questions whether import restrictions have worked. "Speaking from an anecdotal perspective, it seems difficult to argue the current US Chinese import ban has achieved the requirements of the law—to wit, significantly reduced illicit trade or the destruction of archaeological sites." He writes, "The European and other markets for Chinese art and archaeological material covered by the current US import ban remain extremely active. It therefore seems very fair to argue the US import ban has done little or nothing to actually reduce illicit trade or protect Chinese archaeological sites."

Dr. Chen Shen, an archaeologist of Chinese prehistory and a senior curator at Canada's Royal Ontario Museum, disagrees. "I observe that over the past five years, the looting and trafficking of antiquities is slowing down, suggesting clearly the MOU is having an effect," notes Dr. Shen. Writing about his first-hand experiences in the field during the last 15 years, he says:
Over the years during my fieldwork I have observed looting situations. In 2001, during my Palaeolithic archaeology project in Shandong Province I and my team were called to help with a selvage (sic) excavation. A few tombs of Han Dynasty (206 BC – 220 AD) had been looted during a stormy night. When we inspected the site the next day, it appeared to us that these burials had already been looted many times before that night.
...
Ten years later when my team worked in the field in Shanxi province, about 1000 miles away from the location above mentioned, we also encountered looting activities nearby. The tombs that were looted date to 3000 – 2000 years old (the East Zhou period). Local authorities told me that these--if excavated properly--would have been a very important discovery, probably the largest scale ancient noble tombs for that period ever known in this region. Sadly few have survived unlooted. I must say, since I have worked in this region for ten years, that I have seen few significant archaeological objects from this region.... It is clear to me that the objects looted in 2011 could be much more significant given the scale of noble tombs identified from lootings.
Terracotta Warriors (Photo Credit: Steffen82)
AAMD asked the Minneapolis Institute of Art to comment in light of the museum's recent experience with the China Terracotta Warriors exhibition. The MIA explains, "We ... respect the desire of the Chinese government to protect and preserve its cultural heritage, and so support the concept of the MOU, but with changes in Article II ...."  Those changes would include quicker finalization of contracts and object lists, faster processing of passports, assistance with fulfilling the requirements for indemnity insurance, a decrease in premium shipping charges by China Air, simplification of the loan approval process, lengthening exhibition tour times from 52 weeks to up to 60 weeks, and greater availability of First Grade objects.

President Diane Penneys Edelman of the Lawyers' Committee for Cultural Heritage Preservation in her letter of support focuses on "the the ratification of multinational treaties and the creation of bilateral agreements with China as evidence that market countries have joined in a 'concerted international effort' to address the pillage of archaeological sites, both in China and throughout the world."

The Ancient Coin Collectors Guild submitted remarks in opposition to the MoU renewal following the trade organization's three failed court challenges to existing CPIA import restrictions covering ancient Chinese coins. Executive Director Wayne Sayles remarks,
If the provisions of CCPIA had been followed scrupulously and faithfully, the present import restrictions on coins from China would not exist. It might seem expedient for CPAC to look only at the status quo and opt for an extension of the existing MOU as is, but that would merely perpetuate the extremely controversial and highly criticized action of five years ago. Is the committee of today really willing to rubberstamp the actions of that era? Those actions by ECA/CHC [U.S. State Department Bureau of Educational and Cultural Affairs/Cultural Heritage Center], that have been labeled “extralegal”, “arbitrary”, “capricious”, “secretive”, “disdainful”, “unbearable”, “immoral”, “lawless”, “subversive” and “absolutely unAmerican” ought to be examined under a strong light before they are routinely perpetuated by CPAC.
Private collector Alan F. Wurtzel adds, "I believe that the current restrictions are not protecting the cultural artifacts of China or any other country from being looted." He says that "today by far the biggest market for Chinese tomb sculpture is in China" and argues that "Chinese tomb sculpture is highly repetitive and there are often hundreds if not thousands of examples of essentially the same image, many produced by molds." Wurtzel concludes that "[t]he greatest impact of US import restrictions is to deny US citizens the same opportunities as Chinese collectors and most of the rest of the world from enjoying a marvelous artistic tradition that helps to bind the US and China in a common pursuit of beauty and culture...."

President Elizabeth Bartman on behalf of the Archaeological Institute of America's 110 societies and 225,000+ members, by contrast, supports the MoU renewal because of its protection for archaeological context:
As befits a country of the size and geographic diversity of China, the range of archaeological materials and artifacts is vast and ranges from rare jade jewelry to ordinary bronze cookware, from ceramics to textiles to metalwork to sculptures in terracotta and other materials. Many of these works come from tombs, which are by nature scattered in the rural countryside and not easily policed and protected. Their unauthorized removal by looting—which unrestricted imports encourage--is an incomparable loss for both the Chinese and the rest of the world; without systematic and documented excavation, we lose the context of these works and thus the ability to date them, to chart their typological development, and to understand their meaning. We lose potential information regarding trade, social structure (particularly the expression of status and power), attitudes towards death and burial, and daily life, among other topics.

In recent years, Chinese archaeological works have come to be much better-known in the United States through a number of important exhibitions of newly-discovered works
organized by the Chinese authorities.
CPAC meets between May 14 and May 17 to consider the matter.  The public hearing will take place on May 14.

This post is researched, written, and published on the blog Cultural Heritage Lawyer Rick St. Hilaire at culturalheritagelawyer.blogspot.com. Text copyrighted 2010-2013 by Ricardo A. St. Hilaire, Attorney & Counselor at Law, PLLC. Any unauthorized reproduction or retransmission of this post is prohibited. CONTACT INFORMATION: www.culturalheritagelawyer.com

Thứ Sáu, 5 tháng 4, 2013

Peruvian Artifacts Trafficking Prosecution is Worth Watching


A federal grand jury on Wedesday charged four defendants--Javier Abanto-Sarmiento and Alfredo Abanto-Sarmiento of Trujillo, Peru and Cesar Guarderas and Rosa Isabel Guarderas of West Valley City, Utah--with illegally smuggling and transporting Peruvian artifacts. An indictment is not a finding of guilt, and a defendant is presumed innocent unless proven guilty.

An undercover Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) agent cracked open the case last fall when he arranged the purchases of a dozen illegal Peruvian artifacts totaling $23,000, according to an amended complaint filed on March 25. The complaint explains that the purchases uncovered an alleged conspiracy:
Undercover telephone, email,and in-person discussions conducted concurrent to the purchaseof artifacts further corroborates [Javier] Abanto-Sarmiento's and [Cesar] Guarderas' conspiracyin trafficking of Peruvian artifacts. Several discussions have resultedin declarations of the following:Guarderas stating Abanto-Sarmiento has access to over one hundred (100) piecesof pottery in Peru and is willing to ship them to the U.S.; Abanto-Sarmiento statinghe bribes officials in Peru in order to get the artifactsout of Peru; Guarderas statingAbanto-Sarmiento knows where to look for potteryburied in the ground and that he acquires some of his pottery via this method; Guarderas stating Abanto-Sarmiento has a contactwith the Instituteof National Culture in Peru who providesAbanto-Sarmiento with authenticcertifications stating all of his pottery are replicas; and Guarderas statingAbanto-Sarmiento uses these authentic certifications  to illegally export genuineartwork out of Peru.
The present case differs from U.S. v. Perezwhere the defendant was found guilty of illegally importing artifacts from El Salvador in violation of the Cultural Property Implementation Act's (CPIA) import controls. An April 3, 2013 HSI news release recites, "In 1997, the United States and Peru entered into a bilateral agreement prohibiting the importation into the United States of specific cultural property originating from Peru, including artifacts and ethnological religious objects." But the cultural property import restriction on Peruvian cultural heritage--put in place by a Memorandum of Understanding (MoU) adopted pursuant to the CPIA--is not alleged to have been violated. Prosecutors have not charged the defendants with that section of 18 U.S.C. 545 that says "[w]hoever fraudulently or knowingly imports or brings into the United States, any merchandise contrary to law" is guilty of a crime. The current defendants instead are charged with knowingly and willfully smuggling "merchandise which should have been invoiced, or did make out or pass, or attempt to pass, through the customhouse any false, forged, or fraudulent invoice, or other document, or paper ...." The indictment does not allege further specifics.

HSI cultural property cases often follow a pattern of "seize and send,"whereby illegal cultural objects are seized by authorities and then sent back to their country of origin without criminal prosecution in the United States of the traffickers. In recent years, ICE's seize and send policy has repatriated several art and artifacts to Peru, including in 2012, 2011, and 2010, and 2009.  But it is not often that criminal charges are filed against alleged antiquities traffickers. That is why the Abanto-Sarmiento case is worth watching.

This post is researched, written, and published on the blog Cultural Heritage Lawyer Rick St. Hilaire at culturalheritagelawyer.blogspot.com. Text copyrighted 2010-2013 by Ricardo A. St. Hilaire, Attorney & Counselor at Law, PLLC. Any unauthorized reproduction or retransmission of this post is prohibited. CONTACT: www.culturalheritagelawyer.com.


Chủ Nhật, 31 tháng 3, 2013

China MoU Renewal Announcement

Today's Federal Register announces China's intent to renew its Memorandum of Understanding with the United States under the Cultural Property Implementation Act.

The Cultural Property Advisory Committee (CPAC) will meet on May 14, 2013 to solicit public comment on the renewal.

This post is researched, written, and published on the blog Cultural Heritage Lawyer Rick St. Hilaire at culturalheritagelawyer.blogspot.com. Text copyrighted 2010-2013 by Ricardo A. St. Hilaire, Attorney & Counselor at Law, PLLC. Any unauthorized reproduction or retransmission of this post is prohibited. CONTACT: www.culturalheritagelawyer.com

Thứ Hai, 4 tháng 3, 2013

Belize Final Rule Published

It was reported last week that the United States and Belize entered into a bilateral agreement to establish import protections covering jeopardized archeological heritage.  The final rule has now been published.  It details the types of objects covered under the Memorandum of Understanding (MoU).

The final rule, adopted pursuant to the Cultural Property Implementation Act (CPIA), imposes import restrictions on cultural objects crossing into the United States from Belize.  The items protected include archaeological objects over 250 years old and dating from the Pre-Ceramic (from approximately 9000 B.C.), Pre-Classic, Classic, and Post-Classic Periods of the Pre-Columbian era through the Early and Late Colonial Periods. 

This post is researched, written, and published on the blog Cultural Heritage Lawyer Rick St. Hilaire at culturalheritagelawyer.blogspot.com. Text copyrighted 2012 by Ricardo A. St. Hilaire, Attorney & Counselor at Law, PLLC. Any unauthorized reproduction or retransmission of this post is prohibited. CONTACT: www.culturalheritagelawyer.com

Thứ Năm, 28 tháng 2, 2013

U.S.-Belize MoU Signed

Belize's Institute of Archaeology and the National Institute of Culture and History are reporting on their Facebook page the signing yesterday of a Memorandum of Understanding (MoU) between the United States and Belize, which enacts import protections on endangered cultural property entering the U.S.

Signing of MoU between Belize and the United States.  Source: NICH
Belize petitioned the U.S. for an MoU seeking import restrictions pursuant to the Cultural Property Implementation Act (CPIA) and Article 9 of the 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property.  The Cultural Property Advisory Committee (CPAC) met in November 2011 to listen to public public comments regarding the adoption of import measures.

As of 5:00 p.m. on February 28, 2013, no notice or announcement describing the signing ceremony had been published in the Federal Register, posted on the U.S. State Department's Bureau of Educational and Cultural Affairs web site, or announced by the U.S. embassy in Belize.

This post is researched, written, and published on the blog Cultural Heritage Lawyer Rick St. Hilaire at culturalheritagelawyer.blogspot.com. Text copyrighted 2012 by Ricardo A. St. Hilaire, Attorney & Counselor at Law, PLLC. Any unauthorized reproduction or retransmission of this post is prohibited. CONTACT: www.culturalheritagelawyer.com

Thứ Bảy, 5 tháng 1, 2013

CPAC to Meet on Cambodian MoU Renewal - Honduras Considered Too

Angkor Wat in Cambodia
The Federal Register reports that the Cultural Property Advisory Committee (CPAC) will meet to consider renewing the Memorandum of Understanding (MoU) between the United States and Cambodia.

A five year bilateral agreement between the two countries was first enacted pursuant to the Convention on Cultural Property Implementation Act (CPIA) in September 2003 following emergency import restrictions adopted in 1999. The 2003 bilateral agreement was renewed by the nations in September 2008.  It is up for renewal once again.

An open session of CPAC to consider the Cambodian MoU request will be held on February 27, 2013 at 1:30 p.m. EST at the Department of State, Annex 5, 2200 C Street NW., Washington, DC.  CPAC will consider renewing protective import controls through 2018 on archaeological and ethnological materials from the Bronze Age through the Khmer period.

Those wishing to testify in person or to simply attend must contact the State Department at 202-632-6301. To submit written comments, click here.

A list of cultural objects from Cambodia that are currently protected under U.S. import law can be found here.

CPAC will also meet in executive session to consider a request by Honduras for a renewed bilateral agreement under the CPIA in the future.  An open meeting to discuss that country's proposal is expected to be scheduled at a later date.  The current MoU in effect with Honduras dates from 2009.

Photo credit: Bjørn Christian Tørrissen, Creative Commons


This post is researched, written, and published on the blog Cultural Heritage Lawyer Rick St. Hilaire at culturalheritagelawyer.blogspot.com. Text copyrighted 2012 by Ricardo A. St. Hilaire, Attorney & Counselor at Law, PLLC. Any unauthorized reproduction or retransmission of this post is prohibited. CONTACT: www.culturalheritagelawyer.com

Chủ Nhật, 30 tháng 9, 2012

CPIA Cultural Property MoU with Guatemala Renewed and Expanded

Endangered Maya carved bone subject to import restrictions.  U.S. State Dept.
The U.S. government has renewed and expanded its bilateral agreement with Guatemala protecting jeopardized cultural heritage.  Friday's Federal Register reports that, after a review of the recommendations of the Cultural Property Advisory Committee (CPAC), the U.S. State Department's Assistant Secretary for Educational and Cultural Affairs "determined that the cultural heritage of Guatemala continues to be in jeopardy from pillage of certain archaeological objects and is also in jeopardy from pillage of certain ecclesiastical ethnological materials dating to the Conquest and Colonial Periods of Guatemala (c. A.D. 1524 to 1821)."   The decision by the State Department follows a public hearing held by CPAC in April.

The adopted import restrictions are authorized by the Cultural Property Implementation Act (CPIA) and are effective until September 29, 2017.  The Memorandum of Understanding (MoU) renews import controls on Pre-Columbian archaeological artifacts from Guatemala dating from 2000 B.C. to 1524 A.D.  Moreover, the bilateral agreement  has been broadened to include ecclesiastical objects from approximately 1524 to 1821 A.D.

The United States originally enacted emergency import protections in 1991 and 1994, covering Maya archaeology from Guatemala's Petén region.  The U.S. and Guatemala entered into a bilateral agreement in 1997 that covered pre-Columbian archaeological material. The countries later extended this MoU in 2002 and 2007.

Cultural objects covered by the bilateral agreement may legally pass through the American border when they have either an export permit or proof showing "that they left Guatemala prior to the effective date of the restriction: April 15, 1991, for archaeological material from Petén, and October 3, 1997, for archaeological material from throughout Guatemala," and September 29, 2012 for ecclesiastical material dating from the Conquest and Colonial Periods of Guatemala.

The 1973 Pre-Columbian Monumental or Architectural Sculpture or Murals Statute, meanwhile, also remains in effect.  That federal law forbids importation of designated Pre-Columbian cultural heritage into the U.S., except that monumental or architectural sculpture or murals may be imported when there is either an authorized export license or paperwork showing departure from the source nation before June 1, 1973.

Endangered cultural items protected by either CPIA import controls or the  Pre-Columbian Monumental or Architectural Sculpture or Murals Statute may be detained, seized, and forfeited by American authorities as contraband unless accompanied by an export permit or appropriate proof.  Criminal smugglers may also face potential prosecution.

It is best to speak with a cultural property attorney and/or seek a U.S. Customs ruling when importing cultural heritage from Guatemala.


This post is researched, written, and published on the blog Cultural Heritage Lawyer Rick St. Hilaire at culturalheritagelawyer.blogspot.com. Text copyrighted 2012 by Ricardo A. St. Hilaire, Attorney & Counselor at Law, PLLC. Any unauthorized reproduction or retransmission of this post is prohibited. CONTACT: www.culturalheritagelawyer.com

Thứ Năm, 20 tháng 9, 2012

MoU with Mali Extended

Djenne figure.  US State Dept.
The United States yesterday renewed the extension of import restrictions covering archaeological material from Mali.  Click here for a description of the rule.

This post is researched, written, and published on the blog Cultural Heritage Lawyer Rick St. Hilaire at http://culturalheritagelawyer.blogspot.com. Text copyrighted 2012 by Ricardo A. St. Hilaire, Attorney & Counselor at Law, PLLC. CONTACT: www.culturalheritagelawyer.com

Thứ Tư, 4 tháng 4, 2012

Public Comments Submitted to CPAC Amid Coup and Unrest in Mali


Public comments have now been submitted to the Cultural Property Advisory Committee (CPAC) regarding Mali’s request for a renewal of a Memorandum of Understanding (MoU) with the United States.  The request for the renewed bilateral agreement under the Cultural Property Implementation Act (CPIA) comes amid a March 21 army coup d’etat that removed Mali’s president and other elected leaders. The government overthrow leaves open the question of how the State Department will deal with Mali's request for continued American import protections covering cultural objects from that nation.

The United States government yesterday criticized Captain Amadou Sanogo and his coup supporters’ “illegitimate grip on Mali and its people.”  It also demanded that “all armed rebels in the north of Mali to cease military operations that compromise the Republic of Mali’s territorial integrity . . . .”  (See the U.S. Department of State’s Daily Press Briefing here).

In the midst of Mali’s turmoil, the CPAC comment submission process received a dozen remarks concerning the proposed MoU renewal.

Among those expressing support for the Malian request were the Penn Cultural Heritage Center Executive Director.  Richard Leventhal and his colleagues wrote that there is “a situation of serious pillage jeopardizing the cultural patrimony of Mali [that] exists” to warrant a “renewal of import restrictions on archaeological and ethnological material from Mali.”  The Penn Center also urged the State Department to negotiate several items with the Malian government, including updating its inventory of cultural property to facilitate loans to American museums and creating “an interministerial committee to coordinate activities to preserve cultural heritage in Mali and strengthen efforts to reduce the internal sale and export of restricted antiquities.”  A copy of the Penn Center’s complete letter and position paper appears here.

Douglas Park, a Yale University educated anthropologist who has worked in Mali stated in his prepared remarks: “The beneficial effect of the Mali Cultural Property Protection MOU cannot be overstated. Local Malian capacity to carry out cultural heritage management programs is a direct result of the MOU. In light of the lamentable circumstances currently straining Malian political stability, a renewed bi-lateral agreement with the United States will undoubtedly assist in curbing opportunistic looting and black market trade by outside actors eager to take advantage of the presently difficult and fluid conditions.”

Roslyn Walker of the Dallas Museum of Art (DMA) made the following comments:  “Not only are there few antiquities in the [DMA] collection, few works of art are from Mali. Ideally, I would like to display objects that reach back in time, for example a Djenne-jeno or Bankoni-style terracotta figure or a Tellem ritual vessel or wooden headrest from Mali.
…
The Dallas Museum of Art is neither buying nor accepting gifts of Malian antiquities as per the Cultural Property Implementation Act. The only way the Museum can obtain Malian antiquities is to borrow them from the National Museum of Mali. . . . I understand the Museum’s being protective of its collection, but I would like to offer a suggestion. The Museum could post a form of loan application on the website with an invitation to only accredited museums. If the National Museum of Mali is satisfied with the applicant’s credentials, the National Museum can make their inventory available electronically or on-site. There would follow the formal request, approval of the loan by either the director or a government official, determination of the loan fee if it is not standardized, the logistics of crating and shipping the objects and/or an agreement on exchange of services, and granting of an export permit.”

Support for the MoU came from the Association of Art Museum Directors (AAMD), but with concerns:  “The recent coup d’état in Mali puts in peril the stability of Malian government that we have known over the last two decades as well as its ability to take steps to protects its cultural patrimony. The ability of the Committee now to evaluate . . . e.g., security efforts at sites, police pursuit of criminals, enforcement of export restrictions, education of citizens, etc., is more difficult.”

The AAMD added: [E]ven before the recent coup there existed challenges for American museums that wanted to undertake loans. In order to have a meaningful dialogue about loans, one must have an idea of what is available to be leant and Mali has few if any publically available inventories. Furthermore, access to storage areas to determine what might be available to borrow is severely limited. In addition to these specific concerns about Mali’s compliance with the 2007 MOU, the AAMD hopes that the Committee has or will inquire as to other efforts Mali has undertaken . . . .”

Access to the full comments described above and to the others submitted can be found here.

Chủ Nhật, 11 tháng 3, 2012

Mali, Guatemala, and Bulgaria Up for Discussion by CPAC - Public Session Slated for April 24

Lowland Maya mask from Guatemala.
Source: U.S. State Department
The Cultural Property Advisory Committee (CPAC) will meet to consider renewal requests by Mali and Guatemala for Memoranda of Understanding (MoU).  A public session will be held on April 24 to consider extending the bilateral agreements that would continue America's import controls over cultural property originating from these nations.

CPAC also intends to continue its discussion about Bulgaria's earlier request for a bilateral agreement.  That session, according to the Federal Register, will be a confidential meeting authorized by 19 U.S.C. 2605(h), which permits private discussions when "the President or his designee [determines] that the disclosure of matters involved in the Committee’s proceedings would compromise the government’s negotiation objectives or bargaining positions on the negotiations of any agreement authorized by [the CPIA]."

An MoU or bilateral agreement protecting jeopardized archaeological and ethnological objects may be enacted between nations pursuant to Article 9 of the 1970 UNESCO Convention (the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property). Congress implemented the treaty by adopting the Cultural Property Implementation Act (CPIA), signed into law by President Ronald Reagan in 1983.  Import protections granted under the CPIA last for five years and may be renewed thereafter.

Head of a Mali figure.
Source: US Department of State.
The United States enacted emergency import controls in 1993 over archaeological material from Mali's Niger River Valley and its Tellem burial caves at Bandiagara. This action led to the 1997 adoption of an MoU between the two nations.  The bilateral agreement was then extended in 2002 and 2007.  The last MoU was broadened to include archaeological objects from the Stone Age to the 1700s.

The United States also took emergency action in 1991 to cover Maya archaeological artifacts from Guatemala's Petén region, extending the protections in 1994.  In 1997, the U.S. and Guatemala entered into a bilateral agreement covering pre-Columbian archaeological material.  The countries extended the MoU in 2002 and 2007.  The 2007 MoU broadened Article 2's provision to include, among among other items, that "the Government of the Republic of Guatemala shall undertake an assessment with regard to improvements in broad areas such as law enforcement, cultural resource management, education, conservation, research, and the national museum system" before the agreement expired in 2012.

To attend or speak at the public session on April 24, you may reserve your place by calling  the Cultural Heritage Center of the Department of State at (202) 632–6301 by 5 p.m. EDT on April 3.  The meeting will be held at 2200 C St., NW. in Washington, DC.

Public comments may be submitted electronically to CPAC at www.regulations.gov and are due April 3 by the end of the day.  Enter docket number DOS-2012-0012 for Mali or docket number DOS-2012-0011 for Guatemala and follow the instructions on the web site.

The committee now only accepts electronic comments unless they are confidential under 19 U.S.C. 2605(i)(1).  Written submissions reasonably determined to qualify for confidentiality may be delivered or mailed to:

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

Comments submitted to CPAC must address one, some, or all of the four determinations outlined by the CPIA.  Quoting 19 USC 2602, the four determinations are:

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

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

(C) [whether] --

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

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

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

Tomorrow's Federal Register announcement of the CPAC meeting may be found here.

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