Nikki Georgopulos has written a very extensive piece for the Plundered Art blog about the man issues with Senate Bill S2212 (the Foreign Cultural Exchange Judicial Immunity Clarification Act). While the act gives the impression of helping the current situation, in reality it causes as many problems as it solves.

Her article is in two parts.

Part 1.

Part 2.

The Foreign Cultural Exchange Jurisdictional Immunity Clarification Act has stirred up quite a bit of controversy in the USA.

Many who have examined the bill (S. 2212) say that despite exemptions in the planned law, it is only really there to protect the interests of the big museums – while reducing the chances of recovering looted artefacts by the original owners (or their descendants).

From:
New York Times

Dispute Over Bill on Borrowed Art
The heirs of Malevich sought to recover paintings, including the ones displayed above center and right.
By DOREEN CARVAJAL
Published: May 21, 2012

The lending and borrowing of famous artworks is the essence of cultural exchange between museums in the United States and abroad. So routine is the practice, and so universally valued, that the American government has traditionally protected it with a law that shields a lent work from being seized by anyone with a claim to legal ownership while the art is on display here.

In recent years, though, American museum directors have come to fear that this safeguard has eroded, and that foreign museums, dreading entanglement in costly ownership battles, are more hesitant to make loans. So they have asked Congress to increase the security for global art swaps.
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A comment on my earlier post about the Foreign Cultural Exchange Jurisdictional Immunity Clarification Act, also known as Senate Bill S. 2212 highlights some more issues with this proposed law.

I’ve copied the information below directly from the comment by Pierre Ciric.

People who are concerned about the potential impact of the act are encouraged to sign the petition here.

As a second generation holocaust survivor, I have concluded that S. 2212, in shielding any government-related foreign institution from ANY liability or suit in the United States for claims for artworks related to cultural exchanges, and subject to pillage, plunder or illegal excavation, is appalling.

In 1998, the Association of Art Museum Directors (AAMD) and its members promised to perform in-depth provenance research for their entire collections, during hearings held by Jim Leach, Chair of the House Committee on Banking and Financial Services.
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American coin collectors in the USA argue that it is unfair to apply any sort of import restrictions to them, if other countries aren’t applying similar restriction. This approach seems fairly short sighted – if we worked on this basis, then no country would never need to apply any laws if other countries around them didn’t also have similar rules. Surely, it makes more sense to lead by example & then encourage others to follow suit.

From:
Huffington Post

Wayne Sayles
Executive Director, Ancient Coin Collectors Guild
End the Unilateral Trade Sanctions on Collectors
Posted: 04/ 3/2012 2:46 pm

President Obama recently announced that he is going to get tough on unfair trade restrictions. In his White House announcement earlier this month, the President said China should not be allowed to “skirt the rules” by placing restrictions on exports. “If China would simply let the market work on its own, we’d have no objection,” said Obama. The President went on to say, “When it is necessary, I will take action if our workers and our businesses are being subjected to unfair practices.”

But China is increasingly gaining free rein over certain industries because of the U.S.’ aggressive regulatory stances. While government agencies in Washington increase surcharges and restrictions for U.S. consumers, their Chinese counterparts take advantage of the unilateral sanctions. President Obama should take action by telling his own U.S. State Department to stop its unilateral trade restrictions on American coin collectors. An entire industry of small business collectors is under assault and in danger of collapsing because these sanctions unfairly target Americans alone.
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Marc Masurovsky has helped me out, by going into some of the issues with the Foreign Cultural Exchange Jurisdictional Immunity Clarification Act.

The bill has now been introduced in the Senate as S. 2212. The worry is, that many of the successful cases that have been brought in the US in recent years, to secure the return of looted cultural property would no longer be possible. For those of you in the USA, the Senators supporting the bill are: Dianne Feinstein and Orrin Hatch. As he points out, Fenstein has many major museums within her community, which includes San Francisco & Los Angeles.

As Marc says “It’s the end of art restitution as we know it.” Supporting such a bill would be a backward step for the country that is currently one of the more forward thinking (well compared to the UK at any rate) in terms of cultural property restitutions & the legal framework that allows them to take place. “After all, once you write a bill that carries with it select exclusions, it implies that you tolerate other forms of looted art to enter the US for display. Hence, the clarification to the Foreign Sovereign Immunity Act should either be all-inclusive or dropped entirely. It is absolutely critical for source countries to express themselves”.

Doubtless, many organisations such as the AAMD are unlikely to agree with this point of view.

More details of the act can be found in my original post on it.

The page linked to below has a link to download a lengthy paper about the application of the National Stolen Property Act to return cultural property to its country of origin. Reading through the document however, starts to reveal that it is aimed mainly at shoring up the position of the Ancient Coin Collectors Guild who are eager to argue that personal ownership (by its members) should over-ride normal legalities. This has been a long running saga, with large amounts of foot stomping in the hope that they can obtain special exemptions or get the US State Department to change its mind on the application of the various laws that are upsetting the ACCG.

Quite why the ACCG should be exempted from the law is entirely unclear to me. They seem to be carrying on the tradition of collecting for personal benefit at the potential detriment to others that ought to have died out at the end of the age of imperialism.

From:
Social Science Research Network

Unveiling the Executive Branch’s Extralegal Cultural Property Policy
Stephen Urice, University of Miami – School of Law
Andrew Adler, University of Miami

August 13, 2010
University of Miami Legal Studies Research Paper No. 2010-20

Abstract:
In this Article we reveal that the executive branch of the United States has consistently – and astonishingly – exceeded constraining legal authority with respect to the movement of cultural property into the United States. To illustrate this assertion, we identify three distinct categories of extralegal cultural property practices. First, we describe how the Department of Justice, misapplying the National Stolen Property Act, has obtained the return of cultural objects to their countries of origin by filing legally-deficient civil forfeiture complaints. Second, we describe how the Justice Department has pursued this same objective by proceeding under a legally-erroneous interpretation of the Archaeological Resources Protection Act. Third, we describe how the Department of State has repeatedly undermined the statutory structure and mandatory criteria of the Convention on Cultural Property Implementation Act, resulting in significant import restrictions on cultural property. All of these practices exceed constraining legal authority and lead to a similar result. Accordingly, we describe this pattern of practices as forming an extralegal cultural property policy. We express no opinion about the wisdom of this policy. Rather, our purposes in unveiling this policy are to promote a rigorous and transparent review of the executive’s practices and to restore the rule of law. In our conclusion we speculate as to why the executive has undertaken these practices and, among other observations, suggest with some sympathy that the current legal framework is outdated.

Working Paper Series

Date posted: August 15, 2010 ; Last revised: August 16, 2010

The full article can be downloaded from the link at the top of the page linked to above (marked one click download).

Research by Art Historian Katherine Schwab, looks at whether the hairstyles of the Caryatids from the Erechtheion on the Acropolis in Athens could be recreated today. A DVD is now available that documents this project.

From:
PR Web

Documentary Now Available of Ancient Caryatid Hairstyles Being Brought to Life

A DVD is now available that documents the Caryatid Hairstyling Project, directed by Dr. Katherine Schwab, associate professor of art history at Fairfield University, that investigates whether elaborate female coiffures seen among the Erechtheion marble Caryatids, or maidens, at the Acropolis Museum in Athens could actually be replicated on women today. The 15-minute, fast-paced DVD follows six female students as they are transformed in appearance from modern 21st century women to elegant young women of ancient Greece.

Fairfield, Conn. (Vocus/PRWEB ) April 13, 2010 — A DVD is now available that documents the Caryatid Hairstyling Project, directed by Dr. Katherine Schwab, associate professor of art history at Fairfield University, that investigates whether elaborate female coiffures seen among the Erechtheion marble Caryatids, or maidens, at the Acropolis Museum in Athens could actually be replicated on women today. The 15-minute, fast-paced DVD follows six female students as their long hair is twisted and curled in intricate patterns (which in real time took hours) and records their reactions as they are transformed in appearance from modern 21st century women to elegant young women of ancient Greece. Produced by Christopher McGloin and Daniel Kole of the Media Center, with music arranged by Dr. Laura Nash, Program Director of Music, the DVD was funded by a grant from the University’s Faculty Research Committee and the Classical Studies Program. A webpage about the project includes a clip and online purchase of the DVD at www.fairfield.edu/caryatid.
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In articles published today, Greek Culture Minister Antonis Samaras appears to have ruled out that any form of legal action will form part of the government’s strategy to reclaim the Parthenon Marbles. It is not clear from this whether or not it is an option that they have seriously considered.

Having seen the success of legal action by Italy in securing the return of disputed artefacts, ignoring this option completely seems like a mistake. Whilst it is clearly not an appropriate solution in every instance, it was only once the Italian Government began proceedings involving various institutions that the restitution claims were taken seriously. If there is no pressure in a claim, it is all to easy for institutions such as the British Museum to hang on to artefacts whilst making little effort to even respond properly to return requests.

From:
The Press Association

Legal fight over marbles ruled out
11 hours ago

Greece’s culture minister said he is not planning to go to court to get back the Elgin Marbles from Britain.

Antonis Samaras says the new Acropolis Museum will boost Greece’s bid for the Parthenon sculptures, which British diplomat Lord Elgin took from the site 200 years ago.
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Kwame Opoku responds to some of the disingenuous analogies that try to draw parallels to other issues.

From:
Afrikanet

Datum: 12.05.09 09:29
Von: Dr. Kwame Opoku
Comparing disputes about looted artefacts with child custody cases

I find the proposal to apply principles developed in child custody cases to disputes regarding the ownership of looted artefacts, very interesting but also problematic and, in the end, not feasible. (1)

To compare cultural artefacts with children under any circumstances is itself very disputable. Artworks cannot be compared to children and hence from the very nature of the subjects concerned, the comparison falters. A good judge would try to ascertain the wishes of a child at the centre of marital dispute but we surely cannot ask an art object where it would like to be, Berlin or Benin?
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New laws against trafficking in looted antiquities in Egypt are expected to be endorsed soon by the country’s parliament.

Form:
Al Ahram

Hands off, and we mean it
Issue No. 938

Parliament is shortly expected to endorse a draft law outlining severer penalties for antiquities trafficking and copyright of Egypt’s heritage, Nevine El-Aref reports

Protecting Egypt’s cultural heritage from treasure hunters, retrieving looted and illegally-smuggled antiquities and generating the revenue necessary to restore and conserve this country’s heritage are key priorities in a new antiquities law soon to be reviewed by the People’s Assembly.
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Many disputed artefacts only appear above the radar during the rare moments when they change hands. As a result, it is hardly surprising, that the relatively light regulation of auction houses is also brought to the fore when various parties are making claims that they are dealing in potentially stolen property.

From:
The Times

March 7, 2009
Richard Morrison on art auctions
Chinese sabotage at Christie’s is a warning to every owner of antiquities

One man’s terrorist, it’s often said, is another man’s freedom-fighter. Happily, there was no violence at Christie’s “auction of the century” in Paris last week. But the fury of the reactions to an act of sabotage by an incensed Chinese bidder has rocked the arts world.

The sale was of the late Yves Saint Laurent’s art collection. It went for a cool £330 million. But £28 million of that won’t be paid. It was the winning bid for two 18th-century bronzes, once part of a set of 12 animal figureheads on a water-clock in the Summer Palace outside Beijing. The fountain must have been rather cute in its prime. Each animal in turn spouted water for two hours a day. Then at noon all 12 would effusively spray in aquatic unison.
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Seeing the difficulties encountered by China in recent weeks, is there any hope for recovering Indian artefacts located abroad, other than making direct efforts to buy them back (a strategy that China has been involved with in the past)?

From:
Economic Times (India)

Hard to reclaim National Artefacts
27 Feb 2009, 0321 hrs IST, ET Bureau

The failure of a Chinese group to stop the auction of two bronze artefacts looted by Anglo-French forces from the Imperial summer palace at Yuanmingyuan during the second Opium War in 1860, has vast implications. The bronze heads of a rat and a rabbit caught the attention of a Chinese cultural and heritage association when they were displayed by Christie’s as part of the art collection of French fashion’s haute couple Yves Saint Laurent and Pierre Berge.

Not only did the Paris tribunal reject the petition, it also ordered the Chinese organisation to pay Christie’s and Berge e1,000 ($1,274 ) each, as costs. Provenance — the record of origin — is the mantra by which the world of fine art survives, but all too often a blind eye is turned to the more shady aspects of their acquisition.
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