On June 2, 2014, the Cultural Property Advisory Committee (CPAC) will begin its review of Egypt’s request that the US impose import restrictions on Egyptian antiquities in a Memorandum of Understanding (MoU), made under Article 9 of the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (UNESCO Convention). Written public comments submitted earlier are posted here. (We urge our readers to take the time and read some of the longer submissions where the most reasoned, fact-based arguments are made. To us, substance is a clear winner here, not circular reasoning.)
SAFE has been a proponent of import restrictions as an effect deterrent to stem the trade of illicit antiquities. In Egypt’s case, we wrote on February 1, 2011, “Whether or not legislation is required, until order is restored, we believe that if the demand for Egyptian antiquities is curtailed, if not stopped, the loss of Egypt’s cultural patrimony during this tumultuous time would be curbed.” Earlier this year, we urged the Egyptian authorities to use all legal mechanisms to discourage looting, prevent smuggling, preserve and protect the most precious part of Egypt’s vast cultural patrimony by seeking an MoU with the U.S.
Both the United States and Egypt are both states parties to the UNESCO Convention which obliges States Parties to restrict the importation of cultural property stolen from a museum or monument in another participating country (Article 7b), and allows States Parties whose archaeological or ethnological patrimony is in jeopardy from pillage to ask other States Parties for help in protecting the affected categories of materials, through measures that may include restrictions on imports and exports (Article 9). In other words, both nations have, for some decades, already decided to join with the international response to curbing looting and the illicit antiquities trade by being a part of the Convention. By imposing import restrictions on Egyptian antiquities, the US would simply be fulfilling its obligations under the Convention, as it has done since the signing of the first MoU with El Salvador in 1987.
SAFE believes that ALL nations should help protect one another’s cultural heritage. While some stakeholders — such as those who advocate for the unregulated acquisition and trade of cultural property — may question the validity of other countries’ cultural patrimony laws and criticize the effectiveness of their enforcement, no meaningful alternative to the 1970 UNESCO Convention, now joined by more than 120 countries around the world, has been proposed.
Helping to protect another nation’s cultural patrimony by temporarily limiting the importation of its cultural property is the least that any right-thinking nation can do to safeguard one of humanity’s greatest legacies.
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