Association of Dealers & Collectors of Ancient & Ethnographic Art

ADCAEA joins other groups to file Amicus Brief

Fri, July 14, 2017 9:58 AM | Susan McGovern-Huffman (Administrator)

ADCAEA has joined other collector and trade groups in supporting an appeal filed by the American Coin Collectors Guild (ACCG) seeking to ensure the due process rights of collectors are protected.

Dave Walsh writes "Dealers and collectors outside the USA are likely to feel they have very little personal interest in the ultimate outcome of the "Baltimore test case". The ACCG developed this case to secure a full and fair judicial review of the US State Department's actions in negotiating and implementing Memoranda of Agreement (MOU) with sixteen foreign governments. These MOU's arbitrarily impose import restrictions upon a very wide variety of antiquities including ancient coins, without paying anything more than "lip service" to the legislatively intended fair, impartial review and analysis provided for in the 1983 CCPIA - the law that implements the 1970 UNESCO Convention in the USA.

Such an attitude is certainly understandable, given the extreme complexity of the legal issues involved and the many arcane twists and turns that have occurred in the course of this legal challenge.

But every antiquities collector (and dealer) in the world ought to be paying close attention to this case, because it addresses issues and restrictions which have already materially and adversely affected their own interests. These negative legal and regulatory trends are likely to progress much further, and faster, unless full and fair judicial review of the very questionable and biased US MOU process occurs. It is gradually isolating the USA (roughly half of the world market for antiquities, including ancient coins) from the rest of the world. A specific example is the adverse effect it is already having on US collectors being able to buy from European dealers and auction houses, or to submit specimens from their collections to these venues for sale.

To date the State Department's legal defense team (with all the resources of the Government to draw upon) has successfully dodged all efforts to bring this vitally important case to trial - a trial which the ACCG is confident would expose the unethical collusion and conflict of interest which has made the Kouroupas regime at the State Department the tool of the archaeology lobby.

Here is the status of the latest appeal:

http://www.accg.us/…/ACCG_Gains_Amicus_Support_for_Appeal.a…

The Appeals Court has the power to reverse the District Court's findings and to require the trial that the ACCG is seeking in its brief.

The law, particularly in this case, isn't exciting to watch in action - unless you are a lawyer, or an advocate. But it's important. This is our last, best hope for reversing the steady trend toward slow death by constriction, which the archaeology lobby intends and fully expects to impose upon private antiquities collecting."

You can review and download a copy of the filed amicus brief HERE

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