2014 - My year in review

I cannot believe that 2014 is almost at an end.  I write this post - my year in review - with trepidation.  To say 2014 was a roller-coaster would be an understatement.  I had one of the best years professionally, but encountered a few personal lows.  

I spent weeks freaking out about turning 30, but have since found it wasn't that bad (separate blog to follow!).  I had a few significant changes in my friendship group and have made some amazing new friends who I am so glad to have in my life.  A health scare made me realise there is more to life than just dancing all night long on a Saturday night and while I am fit, there needs to be a balance.

Overall, I would say that 2014 was an exciting, yet different year.  I can only hope to build on everything for a bigger and better 2015!

Here is my year in review (some of these questions have been taken from a previous Huffington Post blog).

What was the best thing that happened to me this year?

A few things, the most significant would be taking on my new job at a firm I really wanted to be at, in an area of law that I am passionate about.  A few other significant moments were:

• Participating in the Australian Institute of Management's International Women's Day Debate and all of the coverage that followed.
• Being named in the Who's Who of Australian Women 2015 List.
• Speaking at the Australian Women Lawyers Conference in Adelaide.
• Being voted in as Secretary of Women Lawyers Association of Queensland.
• Having the most supportive group of friends, who I was able to call at any time of the day or night to workshop ideas, or just have a good old fashioned cry and girlie heart to heart.
• Helping my friends expand into the social networking scene with blogs, LinkedIn profiles and Twitter accounts.

What did I do this year that I am really proud of?

Without a doubt, it would be the Debate.  This was a turning point in my year and the response has truly been overwhelming.  I found out a day or two before the Debate that there was something wrong with my liver (a suspected tumour) and I had just been referred to a specialist as it was suspected malignant.  The Debate was a perfect distraction from my health problems and also from  my breakup with my boyfriend that had happened over the same time.  I confided in my team members (Sara and Sharon) about my health problems and they were so supportive.

I received a text on the morning of the Debate that simply said "own the debate today".  It was great motivation and I could not have asked for a better day.  I got to stand alongside five other inspiring women as we were making our mark on such an important day for women around the world.  I am well and truly proud of the difference we were able to make. 

Who do I need to thank and acknowledge for having been there for me?

There is always a risk in answering a question of this nature that you will leave someone out.  Without a doubt the top two people would be one of my BFF's Jessica Turner and my awesome guy mate Blewie.  Jess was there for all of the moral support during my breakup, and Blewie was just amazing with all of my health problems and giving me a guy's perspective for everything (interpret tough love). 

Who else?  Dr Lois Frankel - I am so glad to have her as a mentor, her constant support and "checking in", really motivated me.  One of my other good girl friends Molly, and Cohen my guy BFF who I love to hate, have both played an important part, along with Bec, Liz, Laura, Nicole and Jelena, all girlfriends which I built a new, or strengthened a current, friendship with.  My boys were always there for me too, somehow all of them called me just when I needed it (still love the Dance Track Friday videos Mannion).

I am SO grateful for having such a great group of friends who all have unique qualities that make them the people that I love.

What is a lesson I learned?

People need to create their own life and happiness.  You cannot run your life to expectations of others as this will only create disappointment for you later in life. 

Another lesson I learned is that sometimes friends just grow apart.  I have a few draft blogs on this topic, which I just have not been able to finalise.  Dr Peggy Drexler has written extensively on the issue and I agree with a lot of her sentiments.  It is not that you no longer love and care for a friend, it is just that you grow apart, form different friendships, have different values and see the world through different light.  I still love and care for the friends that I grew apart from, I am grateful there was no "bust up" which resulted in hatred, but sometimes, even after 15 years, a friendship can run its course.  I know I went through a few life changes the past few years which contributed to me changing my whole outlook on life.  All I can do is wish those people all the best as they take on the world and achieve their goals.  Peas and Carrots.

Who did I really help?

This is hard to answer without asking others.  However, one person I know I did make a difference with is the young high school girl, CW, I mentioned in a previous blog.  She wrote to me after seeing the QB Monthly article, and we have since formed an amazing friendship.  I am so glad to have made a positive impact on her life and it is really humbling to be referred to as a role model by her.

What's something I got through that was really tough?

My health scare.  That week long wait before I had my blood tests and MRI to see whether or not the suspected tumour in my liver was malignant was the scariest week of my life.  I signed my contract for my new role in that week and resigned my then current position, which just added to the rollar-coaster of emotions.  I am thankful for all of the supportive people I had at work, who helped me through that time.

While it was confirmed that there is a 7cm tumour in my liver, I am so thankful that it is not malignant.  Just thinking about that week now is making my head spin.  I will always be grateful for Jess' call the moment I got out of the specialist appointment with the good news (no cancer!).  Best cab ride call of my life!

What character trait did I develop most this year?

This question made me realise I missed someone off my list from above (didn't I say I would forget someone!).  That person being Janine Garner, owner of LBD Group.  Each year Janine encourages members to choose their word for the year.  For me, 2014 was resilience.

It is quite ironic as I chose that word before the breakup, before finding out about my tumour and before I decided to change firms.  When reflecting on 2014, I believe I was successful in building resilience within myself.

What's next?

I am not someone who makes resolutions.  Instead I make a list of goals that I wanted to achieve, or things I want to do.  I hate the idea of an arbitrary day being required in order to make a difference in my life.  In 2014, I decided to practice what I preached and check in on myself every quarter to make sure I was achieving my goals.  I also had other little goals, such as going to a Ballet with my friend Emma (we went and saw the Nutcracker last weekend thanks to an incredible Special Counsel in my practice group at work), buying my first brand new car (which I did about a week ago and pick up on the 30th!) and joining a Committee.  Other goals had to be changed as I dealt with unsuspected situations, such as removing from my list learning Serbian.

I have not decided what goals I want for 2015.  That is on my to-do list (hmm a to-do list to do a to-do list).  Two things I have decided on - 1. I want to go overseas and am planning on tackling Yacht Week in Croatia with Laura and 2. that my word for 2015 is patience. 

Thank you to everyone who played a part in my 2014.  I only hope that 2015 is even bigger and better for all of us!  Remember to look forward to what it ahead. 

Arts and Artifacts Indemnity Program for Museum Exhibitions: New Budget Law Sets Higher Limits

The Arts and Artifacts Indemnity Program received a significant boost from lawmakers on Capitol Hill this week, and museums are sure to take note.

Tucked within the 1600 pages of the $1.1 trillion budget bill signed into law on Tuesday is a section that raises the indemnity limits for America's largest art insurance program.

Administered by the National Endowment for the Arts, the Arts and Artifacts Indemnity Program protects temporary museum exhibitions against loss or damage and saves nonprofit cultural institutions $30 million dollars a year in costs they otherwise would have spent on expensive commercial liability policies.

That estimate is given by Ford Bell, president of the American Alliance of Museums, who told senators in May that only $100,000 has ever been paid from the federal treasury over the last four decades of the art insurance program's existence.

Congress originally passed the indemnity law in 1975 to cover foreign art on loan to American museums. The statute was expanded in 2007 to cover domestic artworks as well. The law's text is codified at 20 U.S.C. Chapter 26A and 45 C.F.R. Part 1160.

The newly enacted Consolidated and Further Continuing Appropriations Act of 2015 increases the aggregate of loss or damage to art or artifacts from $10 billion to $15 billion for international exhibitions and from $5 billion to $7.5 billion for domestic exhibitions. Coverage for a single international exhibition, meanwhile, goes from $1.2 billion to $1.8 billion. The indemnity limit for a single domestic exhibition rises from $750 million to $1 billion.

The new indemnity limits reflect the higher prices that have been paid in recent years for objects sold on the fine arts and antiquities marketplaces.

Photo credit: Anna Hunter

Text copyrighted 2014 by Cultural Heritage Lawyer. Blog url: culturalheritagelawyer.blogspot.com. Any unauthorized reproduction or retransmission of this post without the express written consent of CHL is prohibited. CHL is a service of Red Arch Cultural Heritage Law & Policy Research, Inc.

Cultural Heritage Trafficking Requires Deterrence

Police officers are good at tracking down and arresting criminals. Prosecutors are good at securing convictions, even in some of the most complex cases. So why aren't police and prosecutors routinely investigating and prosecuting cultural heritage traffickers?

HSI officials returned smuggled cultural artifacts to the Turkish government
during a ceremony held last week in New York City. Source: ICE

Last week Homeland Security Investigations (HSI) repatriated ancient arrowheads, coins, and jewelry to Turkey, which were smuggled into Newark International Airport in February 2013. The objects represented some of the "more than 7,150 artifacts [that] have been returned to 27 countries" since 2007, which HSI touted in a press release.

No arrests were announced. In fact, the number of criminals taken into custody over the years for heritage trafficking has been infinitesimally small. That may be why HSI does not regularly report the number of arrests or convictions resulting from its cultural property, art, and antiquities investigations.

The impact of HSI's "seize and send" policy is that criminal infrastructures are left intact--i.e. bank accounts, smuggling routes, transshipment points, warehouses, and the like--while looters, smugglers, fences, couriers, and other offenders are returned to their criminal enterprises without consequence.

Cultural heritage trafficking needs to be deterred. It is the job of police and prosecutors to apply the law to combat this criminal activity, holding accountable those who illegally import contraband heritage and methodically dismantling the frameworks that facilitate trafficking operations.

Text copyrighted 2014 by Cultural Heritage Lawyer. Blog url: culturalheritagelawyer.blogspot.com. Any unauthorized reproduction or retransmission of this post without the express written consent of CHL is prohibited.

Nicaragua and Mali on CPAC's Agenda

The Federal Register has posted the following announcement:

There will be a meeting of the Cultural Property Advisory Committee January 21-23, 2015 at the U.S. Department of State, Annex 5, 2200 C Street NW., Washington, DC. Portions of this meeting will be closed to the public, as discussed below. 

During the closed portion of the meeting, the Committee will review the proposal to extend the Agreement Between the Government of the United States of America and the Government of the Republic of Nicaragua Concerning the Imposition of Import Restrictions on Archaeological Material from the Pre-Hispanic Cultures of the Republic of Nicaragua (“Nicaragua Agreement”) [Docket No. DOS-2014-0027]. An open session to receive oral public comment on the proposal to extend the Nicaragua Agreement will be held on Wednesday, January 21, 2015, beginning at 11:00 a.m. EST. 

Also, during the closed portion of the meeting, the Committee will conduct an interim review of the Agreement Between the Government of the United States of America and the Government of the Republic of Mali Concerning the Imposition of Import Restrictions on Archaeological Material from Mali from the Paleolithic Era (Stone Age) to Approximately the Mid-Eighteenth Century (“Mali Agreement”). Public comment, oral and written, will be invited at a time in the future should the Mali Agreement be proposed for extension.

Text copyrighted 2014 by Cultural Heritage Lawyer. Blog url: culturalheritagelawyer.blogspot.com. Any unauthorized reproduction or retransmission of this post without the express written consent of CHL is prohibited.

Controversial Egyptian Statue Fails to Sell at Sotheby's Auction

An Egyptian statute failed to sell at Sotheby's Egyptian, Classical, and Western Asiatic Antiquities auction held today in New York. Valued at over $400,000, bidding for "Lot 6" collapsed at $350,000 and did not reach the reserve price.

CHL has been probing the history of the curious piece for several weeks and expects to publish its findings in a future blog post.

In the meantime, this week Glasgow researcher Dr. Christos Tsirogiannis found the archaeological artifact listed in the Schinoussa archive. That is the set of photographs seized by Italian authorities in 2006 at the villa of antiquities dealers Robin Symes and Christos Michaelides. Click here for Peter Watson's article about the pair. The archive catalogs suspicious antiquities.

The Egyptian statue was one of six lots that did not sell today.

Purchasers found a few bargains at today's event, but many pieces commanded high prices. A small clay tablet containing cuneiform script and valued at $9000 sold for $43,750. An Egyptian black granite statue valued at $30,000 fetched $137,000. And a red-figured krater was purchased for $137,000, more than double its appraised value of $50,000.

Text copyrighted 2014 by Cultural Heritage Lawyer. Blog url: culturalheritagelawyer.blogspot.com. Any unauthorized reproduction or retransmission of this post without the express written consent of CHL is prohibited.

Who is she? She is, Sarah Jane

Most of Australia's female population with an interest in fashion and lifestyle would have heard of Sarah-Jane Young (and have her Instagram on refresh).  Every post online attributed to the SISJ brand is well thought out, consistent, fresh and stylish.  Sarah Jane’s online presence appears effortless and is I was fortunate enough to have her to agree to an interview so I could delve deeper into her world, one that has inspired me, and find out why she is Sarah Jane.

When looking at Sarah Jane’s website you would be forgiven for thinking that she is Superwoman.  A Magazine Editor (she is Fashion & Beauty Editor for Latte Magazine), who runs her own website with an amazing team of contributing editors and (to me) a lifestyle many would be envious of.  I love that Sarah Jane is not one of those girls who found instant success through Instagram and shameless product promotion.  With a background in advertising and marketing, who has worked in publishing and e-commerce for a fashion label prior to landing a role as a marketing and PR manager for a hair and beauty company, Sarah Jane is a walking marketing role model, who is far from reaching her peak.

One thing that also struck me about Sarah Jane is her integrity.  When I asked her what she is most proud of, her response was her WOMEN WHO INSPIRE series.  I just shake in my head in absolute awe and delight.  Sarah Jane is an ambassador for Dr LeWinn and just returned from an overseas trip to Europe with Peugeot, she is managed by The Ministry of Talent (owned by the PR Queen herself, Roxy Jacenko) and she is most proud of being able to showcase the talents of other women in order to inspire females worldwide.  What a woman! 

However, after you finish reading below and seeing Sarah Jane’s latest news, I think that her real legacy will be revealed in about four months’ time (yes, I am squealing with delight at her news).

Did you ever think that your (then) blog would lead you to where you are today?

Absolutely not! I never intended for my blog to go anywhere further than a hobby. I started my blog a few years ago as an escape from my then mundane job! It was a creative escape for me and I loved that I was the boss.

Things really started to skyrocket after my internship at Grazia magazine in London. This also gave me the confidence to believe in my writing and my vision and I pushed on with the blog. It was literally like I woke up one day and I was ‘kind of a big deal’! Of course signing with the whirlwind that is Roxy Jacenko at The Ministry of Talent has also been amazing for exposure and job opportunities. I am eternally grateful to Rox for believing in SISJ.

What is a start to finish day look like for you?

Ha! You don’t want to know – it sometimes involves PJs and crazy bed hair all day! I don’t really have an ‘average day’, due to the nature of my jobs. I am always juggling a thousand different things – upcoming blog posts and collaborations, photo shoots, my social media/online plan, admin, my finances, networking, styling for shoots… the list goes on!

I do feel sometimes my mind and desk are mayhem, however, it somehow works as a big organised mess! It’s all about having a strict schedule/routine and working when you are at your best. I work very well in the morning and like to start my day with PT or exercise, followed by admin and emails until lunchtime. I will always break for something to eat or run some errands. I love playing with my two furry babies (Mika and Arbie) and then I get back to the desk for my afternoon sprint. By about 4:00pm my brain and eyes hurt and I chill out for a while – usually a true crimes or Real Housewives episode!

I will cook for myself and the hubby most nights and then we hit the gym (if we are being good!). A little bit more TV and I get back to my desk until about midnight. I am a serious night owl! I get some of my best work done late at night. This is when I do most of my writing, it just seems to flow easier than during the day.

 

I often find that many career girls associate the term “work/life balance” with working mums.  Do you think it is just as important for single professionals, or working women with no kids to embrace the work/life balance philosophy?
Funny you should mention this… I am not totally kid-free! I am actually 5 months pregnant, but it’s still a big secret! (Can you see why I squealed with delight?  How exciting and congratulations).  However, she’s not arrived yet obviously, so I can only comment on my current work/life balance – although my philosophies are similar.

I have always ensured I have a healthy work/life balance in previous roles. I believe this is the key to not only maintaining your sanity, but also true happiness. I have now been working from home on my blog and Latte Magazine now for nearly 18 months and have found it quite hard at times to really grasp that perfect ‘balance’. While there are so many pros not only working for yourself, but working from home, there are also some negatives. I think it’s healthy to have a workspace outside your home, as convenient as it is. My mother always drilled in the importance of a happy home and also separating environments (that’s what you get having a forensic psychologist for a mum!) – But I do agree.

I now start my day with a strict routine and have set hours for most days. Of course, this is all pretty flexible which is fantastic, but the 1am Instagram monitoring probably needs to stop! There’s no real right or wrong answer, I just listen to my body and brain and adjust accordingly. No day or week is ever the same, so it’s all about introducing some sort of schedule.

Young and successful career girls often face many challenges, one being judgment passed on their looks and not their intellect.  I have faced it before – with guys and girls and I can only imagine that you have encountered similar situations – not being taken seriously at first face value.  What message can you give other career girls to help them moving forward.

Yes, I can understand how you feel. I previously worked with a very large health organisation and was judged all the time on how I looked (and for my job title!). After I while you just develop a thick skin and people always came around, however that doesn’t mean it doesn’t hurt or was fair. I will add also, that it was always other women!

Being the old-ER and wiser woman that I am today, I can only put it down to jealousy – without sounding totally self-consumed. As a ‘blogger’ or ‘social media influencer’, looking a certain way can obviously work in your favour though. I do need to add, only my good pics go up online – we ALL have bad days. In this world there are all new ways for others to insult you.  Considering my readership and followers are quite large, I’ve been pretty lucky regarding “trolling” and online abuse for how I look. The first few times it really upset me. However, after I got over it and realised I must have “made it”, I knew this vicious behaviour was on their insecurities talking.

At the end of the day, I post images of myself and have created a business based on exactly that – me. So who am I to complain when people pass judgement? I just know I will raise my daughter exactly how I was, if you’ve got nothing nice to say, say nothing at all. It’s simple.

You are always looking fabulous. Your hair, makeup, outfits. You are comparable to a walking Vogue print! Who do you draw your inspiration from? 

I will accept your lovely comment, however, after reading my last answer, these are only the pictures you see! I am super lucky I have some great friends who help me to be my best too – including my ‘hair husband’! We all need one.

To be completely honest – my inspiration comes from nowhere in particular.  Obviously subconsciously we style ourselves and our homes based on something we’ve seen or been exposed to, but I don’t actively seek out magazines or other blogs for inspiration. I wear what I want to wear.

I definitely have a very traditional and girlie side of me and sometimes joke I was born in the wrong era.  I think I am a 40’s girl! I like blending old with new and making it my own (This makes me love her GuessJeans shoot even more!).

Who is that one career girl who inspires you?

Georgina Chapman. She is my ultimate career and girl crush.  Aside from being incredibly beautiful, she is a successful business woman (designer for Marchesa – one of my faves!), a wife, a mother and continues to evolve with everything that she does.  I adore her.

Every career girl has that one quote they live by. What is yours?

The best revenge is living well.

A fun one - if you could post a selfie with anyone, who would it be?

Cameron Diaz! I just love her bubbly persona and I think we could totally be besties!

Thank you Sarah Jane for taking the time for this interview – I want to provide young professionals with an insight into the world of inspirational women, and give them that motivation to continue to achieve.  It is refreshing to know that not everyone woke up like this Beyonce style, that through all of your success you are proud of being able to give back and that you have shared with me such exiting news about a bubba Sarah Jane on the way.  I for one am excited to hear about the next chapter of your life and maybe I can get you back to give us an insight into the world of a working mum (and if you ever become besties with Cameron Diaz, I shotgun a photobomb in the selfie!).

Dinosaur Skull Forfeited by Federal Judge in Eastern District of NY

Attorney General nominee Loretta Lynch wrapped up another cultural property case yesterday. The matter of U.S. v. One Alioramus Dinosaur Skull came to a conclusion after a federal district court judge in Brooklyn ordered the dinosaur head's forfeiture.

No claimants appeared in court to oppose the civil forfeiture, even though French dealer Gefossiles, Inc. once tried to convince American authorities that all was proper with the company's dinosaur shipment. U.S. Customs seized the dinosaur skull in Newark, New Jersey in 2004.

The U.S. Attorney's Office for the Eastern District of New York alleged in its forfeiture complaint filed in September that the head had been illegally imported into the U.S., and it was stolen property originating from Mongolia. A full description of the prosecution's allegations can be found here.

"Smugglers will falsify documents and lie about the origin and value of a cultural artifact just to get it across our borders to sell to the highest bidder," remarked James Hayes, Jr., Homeland Security Investigations Special Agent-in-Charge in New York. His team investigated the case. No arrests were made.

Now that the district court has forfeited the skull, it is expected to be sent back to Mongolia. Foreign officials first must file a petition for remission to have the object repatriated.

Text copyrighted 2014 by Cultural Heritage Lawyer. Blog url: culturalheritagelawyer.blogspot.com. Any unauthorized reproduction or retransmission of this post without the express written consent of CHL is prohibited.

CHL Selected as One of ABA Journal's Blawg 100

Editors of the ABA Journal announced today the selection of Cultural Heritage Lawyer as one of its top 100 best blogs.

Now that the editors have made their picks, the ABA Journal is asking readers to weigh in and vote for their favorites in each of the 8th Annual Blawg 100’s thirteen categories.

Click here to register and vote. Vote for CHL in the "Niche" blog category. Voting ends at close of business on Dec. 19, 2014.

CHL is grateful for the honor. Many thanks go to the blog's loyal readers, who make about 15,000 page views per month.

ABA Journal Editor and Publisher Allen Pusey remarked that law blogs play a crucial role in today's legal media landscape, explaining, “While traditional media sources often break news, law blogs dive deeper to offer insight into what the news means for clients, the legal profession and the public. And the ones on our list are well-written and, more often than not, entertaining.”

The ABA Journal is the flagship magazine of the American Bar Association, which is read by half of the nation’s 1.1 million lawyers every month. It features a directory of more than 4,000 lawyer blogs.

Text copyrighted 2014 by Cultural Heritage Lawyer. Blog url: culturalheritagelawyer.blogspot.com. Any unauthorized reproduction or retransmission of this post without the express written consent of CHL is prohibited.

House Bill Calls for Cultural Property Protection Czar and for Import Restrictions on Syrian Heritage in Jeopardy

“The fight to preserve our common cultural heritage, as well as to deny extremists such as ISIL [Islamic State in Iraq and Syria] resources from the sale of blood antiquities, is yet another front on the global war against terror,” proclaimed Congressman Chris Smith (R-N.J.-4) in a press statement issued last week.

Congressmen Eliot Engel and Chris Smith, sponsors of the
Protect and Preserve International Cultural Property Act.

Rep. Smith, together with Rep. Eliot Engel (D-N.Y.-16), introduced the Protect and Preserve International Cultural Property Act (H.R. 5703) in the U.S. House of Representatives on Thursday. The bill would create a cultural property protection czar and set up import restrictions to prevent looted and smuggled Syrian heritage material from crossing America's borders.

Rep. Engel, the lead sponsor of the bill, emphasized its importance: “Since World War II, the United States has been a leader in protecting cultural property. Today, ISIL and other terrorist organizations have found a lucrative source of revenue in artifacts they traffic out of areas of conflict. America must respond by denying terrorists and criminals the ability to profit from instability by looting the world of its greatest treasures.”

The proposed legislation would advance four articulated U.S. policy goals designed to

(1) protect and preserve international cultural property at risk of destruction due to political instability, armed conflict, or natural or other disasters;

(2) protect international cultural property pursuant to its obligations under the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict and customary international law in all conflicts to which the United States is a party; 

(3) prevent, in accordance with existing laws, importation of cultural property pillaged, looted, or stolen during political instability, armed conflict, or natural or other disasters; and 

(4) ensure that existing laws and regulations, including import restrictions imposed through the Office of Foreign Asset Control (OFAC) of the Department of the Treasury, are fully implemented to prevent the trafficking in stolen or looted cultural property.

To promote these objectives, the lawmakers want the White House to appoint a Coordinator for International Cultural Property Protection who will

(1) coordinate and promote efforts to address international cultural property protection activities that involve multiple Federal agencies, including diplomatic activities, military activities, law enforcement activities, import restrictions, and the work of the Cultural Antiquities Task Force established pursuant to the Consolidated Appropriations Act, 2004 (Public Law 108-199); 

(2) submit to the appropriate congressional committees an annual report on interagency efforts to protect international cultural property based on information required under section 5 of this Act; 

(3) provide policy recommendations, if necessary; 

(4) resolve interagency differences in a timely, efficient, and effective manner; and 

(5) work and consult with domestic and international actors such as foreign governments, nongovernmental organizations, museums, educational institutions, research institutions, and the U.S. Committee of the Blue Shield on efforts to promote and protect international cultural property.

Under the terms of the legislative proposal, the Secretary of State, Attorney General, Secretary of Defense, and United States Agency for International Development Administrator would be required to submit reports to the cultural property protection czar that describe each department’s efforts to protect cultural property from the threats of armed conflict, political unrest, crime, construction activities, and natural disaster.

The bill curiously omits any duties that might have been placed on the Secretaries of Treasury, Interior, or Homeland Security to supply reports directly to the Coordinator. These cabinet officials supervise agencies that have an impact on international cultural property policy—agencies like the the Office of Terrorism and Financial Assistance, the Financial Crimes Enforcement Network, the Internal Revenue Service, U.S. Fish and Wildlife, and Immigration and Customs Enforcement's Homeland Security Investigations and Customs and Border Protection divisions. At best, the proposed legislation would have the Attorney General simply offer a report "in consultation with the Secretary of Homeland Security."

Reps. Engel and Smith also want to implement safeguards to protect endangered Syrian cultural property. Their bill would mandate the President to immediately enact emergency import restrictions under the terms of the Convention on the Cultural Property Implementation Act (CPIA) 19 U.S.C. 2603 in order to stop looted and smuggled antiquities from entering the American marketplace.

The legislation attempts to offer a solution to the CPIA's cumbersome statutory framework, which currently requires Syria’s government—under whatever form that might be at present—to first ask the State Department for American import controls restricting cultural objects. Recall that the White House recognized the rebels as the legitimate governing authority of the Syrian Arab Republic in 2012.

The proposed Protect and Preserve International Cultural Property Act, in both substance and procedure, mirrors the Emergency Protection of Iraqi Cultural Antiquities Act of 2004 as well as CHL’s 2013 recommendation for an Emergency Protection of Egyptian Cultural Antiquities Act.

It remains to be seen whether the 113^th Congress will take up these critical requests for a cultural property policy coordinator or for import controls to protect threatened heritage. Congress is in a lame duck session following the GOP's sweeping election victory earlier this month. Yet the proposed legislation already has been referred to the House Committees on Foreign Affairs, Ways and Means, Armed Services, and Judiciary. The bill's sponsors, more importantly, are well-known fixtures in the House. They hail from from safe districts where constituents regularly vote them back in office by wide margins.

Rep. Engel is the ranking minority member of the Committee on Foreign Affairs. He is a liberal Democrat who recently earned a fourteenth term after facing no opponent in a district that encompasses New York’s Westchester County and the Bronx. Rep. Engel is known for his sponsorship of the Syria Accountability and Lebanese Sovereignty Restoration Act.

Rep. Smith, meanwhile, first arrived on Capitol Hill following the election of 1980. He is a popular conservative Republican representing Trenton and central New Jersey. He possesses expertise on the topics of foreign affairs and organized crime, serving as senior member of the House Committee on Foreign Affairs; chair of the Commission on Security and Cooperation in Europe; chair of the Subcommittee on Subcommittee on Africa, Global Health, Global Human Rights, and International Organizations; and chairman of the Congressional Human Trafficking Caucus. Last year Rep. Smith introduced a resolution to establish a Syrian war crimes tribunal.

The full text of H.R. 5703, the Protect and Preserve International Cultural Property Act, can be found here.

Photo credit: House.gov

By Rick St. Hilaire Text copyrighted 2014 by Cultural Heritage Lawyer. Blog url: culturalheritagelawyer.blogspot.com. Any unauthorized reproduction or retransmission of this post without the express written consent of CHL is prohibited.

The Cultural Property Cases of AG Nominee Loretta Lynch

U.S. Attorney Loretta Lynch

It is not every day that an attorney general nominee actually has a record of handling cultural property forfeitures and prosecutions. But that is the case with Loretta Lynch, U.S. Attorney for the Eastern District of New York.

Lynch is President Barack Obama's choice to replace outgoing Attorney General Eric Holder.

Lynch's office has handled a few heritage trafficking cases, including...

1. U.S. v. One Alioramus Dinosaur Skull

Lynch's office filed a civil forfeiture complaint last month to forfeit a 65 million year old dinosaur skull. Prosecutors alleged that a fossil dealer unlawfully attempted to import an Alioramus head by failing to declare that it was real, that it originated from Mongolia, and that it had a value of $250,000.

2. U.S. v. One Ancient Roman Sarcophagus Lid with Sculpture of Reclining Woman
Litigation over a sculptured coffin cover came to a successful conclusion in September when Lynch's office finalized an agreement to forfeit the object from a collector so that it could be returned to Italy. The Roman sarcophagus lid was featured as an illicit antiquity in the Becchina archive.

3. U.S. v Victor Gordon
After a federal district court sentenced an ivory smuggler in June to a sentence of 30 months in prison, two years supervised release, a $7500 fine, and the forfeiture of $150,000 plus one ton of elephant ivory, Lynch remarked that “preventing the flow of illegal ivory through and within our borders” is an important American commitment. “This prosecution–which resulted in the seizure and forfeiture of one of the largest known caches of illegal elephant ivory in the United States and the imprisonment of the person who acquired and attempted to profit from it – is emblematic of that commitment.”

4. U.S. v. Khouli et al.
An antiquities trafficking case that U.S. Immigration and Customs Enforcement billed in 2011 as "a ground breaking case for Homeland Security Investigations" ended with mixed results for Lynch's office. Only two out of four men were convicted. One case netted a sentence of house arrest for a New York gallery owner. Another saw a felony charge dropped to a misdemeanor; the defendant paid a fine. Prosecutors later dropped a third man's case after he satisfied a deferred prosecution agreement. And authorities later gave up looking for a fourth man, a fugitive from justice, after litigation came to an abrupt halt in 2013.

Lynch posted a vibrant press statement at the start of the prosecution when her office charged the defendants with conspiring to smuggle ancient artifacts, engaging in money laundering, and making false statements to carry out their crime. She said, "Antiquities dealers and collectors are on notice that the smuggling of cultural patrimony will not be tolerated." But her office's only other press release, issued the following year, was muted and devoid of any direct quotes from the U.S. Attorney.

The objects involved in the case included Egyptian sarcophagi, Iraqi glass vessels and clay relief plaques, and Iranian (Luristani) bronzes.

Photo source: U.S. Department of Justice

By Rick St. Hilaire Text copyrighted 2014 by Cultural Heritage Lawyer. Blog url: culturalheritagelawyer.blogspot.com. Any unauthorized reproduction or retransmission of this post without the express written consent of CHL is prohibited.

Victoria Reed Headlines the 2014 Daniel Webster International Lawyer of the Year Ceremony Acclaiming Cultural Heritage Law

Dr. Victoria Reed and Attorney Rick St. Hilaire answer questions from an audience of legal and cultural heritage professionals at the Daniel Webster International Lawyer of the Year ceremony held in Manchester, NH. Van McLeod, Commissioner of the NH Department of Cultural Resources (pictured at far left), listens with interest.
Photo courtesy of Norman St. Hilaire.

International lawyers gathered last week at the New Hampshire law firm of Sheehan Phinney Bass + Green to recognize the positive impact made by international cultural heritage law to protect cultural property around the globe.

The attorneys listened attentively as Victoria Reed keynoted the Daniel Webster International Lawyer of the Year ceremony honoring the contributions made by the CHL blog.

Dr. Reed discussed the global trade in art and antiquities and explained the accessions practice implemented by the Museum of Fine Arts, Boston (MFA), which digs deep into the collecting histories of artifacts. Dr. Reed is the MFA's Sadler Curator for Provenance.

Scrutinizing an object's collecting history and its accompanying import/export documentation is vital, Dr. Reed emphasized. That is because the provenance information offered by a seller or donor may not always be correct. Performing due diligence research therefore is essential to discover the truth about an object's collecting history.

CHL is grateful to the NH Bar Association for acknowledging international cultural heritage law as an important legal discipline.

Attorney Robert Cheney, international law section chair of the NH Bar Association,

recognizes CHL's author as the Daniel Webster International Lawyer of the Year.
Photo courtesy of Dan Wise.

By Rick St. Hilaire

Text copyrighted 2014 by Cultural Heritage Lawyer. Blog url: culturalheritagelawyer.blogspot.com. Any unauthorized reproduction or retransmission of this post without the express written consent of CHL is prohibited.

Upcoming #careergirls looking to protect future wealth

Yes, the times are beginning to change if recent reports from the UK are anything to go by.  What reports and what change? 

Well, to begin with, Victoria Beckham has been announced as the top Entrepreneur for UK and has now overtaken hubby, Becks, in the earning front #lovesit. 

The other story?  Not fashion related but still in line with career driven females, are the latest reports from lawyers in the UK who are reporting a surge in requests for pre-nups from females looking to protect their future assets.  I love this on so many fronts. 

 

Females initiating a change, females forecasting ahead and planning for the worst, but most of all, females recognising that they are going to have something (even) more of value in the future that will need protecting.  Gone are the days where a woman entered into a relationship knowing that she would have brought less to the table at the beginning, earn less throughout and end up with less in superannuation at the end (ok the latter may still be a problem overall given disaparity in equal pay).  But my point is, the new generation of women coming through, i.e. my generation, are seeing a paradigm shift in the earnings front (I was going to say power front - does earnings equal power?  Let's debate that next time!).

 

I personally encourage the use of pre-nups and cohab agreements (no I am not a family lawyer), because I think its important to protect what you bring, or could bring to the table.  I have a firm belief that when you marry, you marry for life, but as a lawyer and realist, one should always be prepared for the worst. 

 

I just hope with the generational change in up and coming power females looking to protect their (future) assets, is not met with discouragement from the wider community or their partners.  A girlfriend from University called me a few years ago wanting a recommendation to a family lawyer because she had just gotten engaged and was about to have her fiance move into the townhouse that she owned.  Her parents had a lot of money, she was involved in a number of trusts, and while her fiance was not without his own earnings, she wanted to protect what her and her family had built up over the years.  He was completely happy with entering into a pre-nup because he recognised the importance of showing that there was no issue with it on his behalf.  Unfortunately, I have not heard similiar stories (one of my guy friend's said entering one at the request of his girlfriend was (to him) a declaration that she earned more).

 

Love is grand, marriage is meant to be even more grand.  But remember you had a life before the marriage, and you will need a life if the marriage fails.  If the option is available, take steps to protect your assets!

Terrorism and Financial Intelligence Undersecretary Points to Antiquities Trafficking as a Source of ISIS Funding

David Cohen
Source: U.S. Treasury

The Islamic State in Iraq and Syria (ISIS) earns most of its cash from oil revenues, approximately $1 million per day. But the terror group also profits from crimes that include heritage trafficking.

"They lay waste to thousands of years of civilization in Iraq and Syria by looting and selling antiquities," David Cohen said today.

As the federal government's point-man in charge of uncovering and blocking financial support for terrorist groups, Under Secretary Cohen's insight on the topic should be given considerable weight. Since 2011, Attorney Cohen has served as Under Secretary for Terrorism and Financial Intelligence at the United States Department of the Treasury.

He made the remark about antiquities trafficking funding ISIS at the Carnegie Endowment for International Peace in Washington, DC.

By Rick St. Hilaire Text copyrighted 2014 by Cultural Heritage Lawyer. Blog url: culturalheritagelawyer.blogspot.com. Any unauthorized reproduction or retransmission of this post without the express written consent of CHL is prohibited.

Conflict and the Heritage Trade: Rise in U.S. Imports of Middle East "Antiques" and "Collectors' Pieces" Raises Questions

American imports of art, collections and collectors' pieces, and antiques from Egypt, Iraq, Lebanon, Syria, and Turkey increased sharply between 2011 and 2013, prompting questions about whether trafficked heritage has piggybacked onto the mainstream marketplace.

War, mass looting, and other grave threats to heritage greatly expand the risk that smuggled cultural contraband will slide into the stream of international commerce undetected. Because art and antiquities transactions often lack transparency or fail to undergo rigorous due diligence, examining published trade data is one way to potentially spot trafficked cultural material hiding under the cover of everyday imports.

One region that has witnessed grave threats to cultural heritage is the Middle East. The intelligence community and the academic community both report that antiquities trafficking has generated revenue for the so-called Islamic State of Iraq and Syria (ISIS). More investigation needs to be conducted to measure the scope of the terror group's earnings activity, but the American Schools of Oriental Research and others have confirmed that archaeological site looting has been a wellspring for pillaged artifacts spilling out of Syria and Iraq, a result of both Syria's civil war and ISIS' sprawl. Spoils from the region reportedly have transited through the neighboring countries of Lebanon and Turkey. And in nearby Egypt, the country has suffered its own cultural heritage crisis amid unrest, prompting the nation to petition for an agreement with the United States that would help protect ancient archaeological and ethnological materials in jeopardy.

Given the cultural heritage emergency that has erupted in the Middle East, U.S. International Trade Commission figures documenting an upsurge in imports of Harmonized Tariff Schedule 97 goods from Egypt, Iraq, Lebanon, Syria, and Turkey flag concerns about whether conflict antiquities have entered America's stream of commerce. HTS 97 is the customs classification for works of art, collectors' pieces and antiques.

Total American imports of HTS 97 goods from the five countries rapidly escalated from $51.1 million in 2011 to $95.2 million in 2013--an astonishing 86% rise. The across-the-board spike can be gleaned from the table below, which displays hefty individual percentage increases of cultural imports from each of the five countries.

HTS - 97: WORKS OF ART, COLLECTORS' PIECES AND ANTIQUES
Customs Value

U.S. Imports for Consumption

Country	2011	2012	2013	Percent Change 2012 - 2013
	In Actual Dollars
Turkey	22,778,794	24,799,487	44,715,936	80.3%
Egypt	19,546,035	20,201,597	31,383,502	55.4%
Syria	4,553,364	4,759,212	11,148,782	134.3%
Iraq	2,871,141	780,688	4,625,057	492.4%
Lebanon	1,382,136	2,120,696	3,351,462	58.0%

Goods declared by importers to be antiques of an age exceeding 100 years (HTS 9706) or collections and collectors' pieces of zoological, botanical, mineralogical, historical, archaeological, numismatic and other interest (HTS 9705) made up large portions of the broader category of HTS 97 imports.*

For example, HTS 97 imports from Egypt totaling $34.1 million in 2013 largely derived from a combination of $19 million worth of objects labeled by importers as antiques over 100 years old and $11.5 million of goods labeled as collections and collectors' pieces.

HTS 97 imports from Syria totaling $11.1 million in 2013 almost entirely came from $11 million worth of goods classified as antiques.

Remarkable too is that 93% of the 2013 total of HTS 97 imports from Iraq, Lebanon, and Syria were declared to be antiques over 100 years old, begging the question of whether nearly $18 million worth of great grandmothers' rocking chairs and similar items were shipped to America or whether the imports may have been ancient archaeological artifacts misclassified as "antiques."

The table below illustrates, among other information, that commodities declared by importers to be antiques from Iraq and Syria rocketed skyward by 672% and 133%, respectively, from 2012 to 2013.

HTS - 9706: ANTIQUES OF AN AGE EXCEEDING ONE HUNDRED YEARS

Customs Value

U.S. Imports for Consumption

Country	2011	2012	2013	Percent Change 2012 - 2013
	In Actual Dollars
Turkey	15,979,030	17,553,638	19,257,308	9.7%
Egypt	16,793,409	13,817,236	19,043,410	37.8%
Syria	4,141,235	4,714,962	11,000,869	133.3%
Iraq	2,832,384	585,682	4,523,126	672.3%
Lebanon	708,461	1,392,005	2,218,073	59.3%

Declared imports of collections and collectors' pieces of zoological, botanical, mineralogical, historical, archaeological, numismatic and other interest goods, meanwhile, grew from $8.9 million in 2011, to $10.8 million in 2012, and then to $19 million in 2013--the final amount constituting a 113% jump from 2011 through 2013. The table below breaks down the individual numbers that chart this ascent. What kinds of objects actually made up these "collections and collectors' pieces?

HTS - 9705: COLLECTIONS AND COLLECTORS' PIECES OF ZOOLOGICAL, BOTANICAL, MINERALOGICAL, HISTORICAL, ARCHAEOLOGICAL, NUMISMATIC OR OTHER INTEREST
Customs Value
U.S. Imports for Consumption

Country	2011	2012	2013	Percent Change 2012 - 2013
	In Actual Dollars
Egypt	2,375,694	5,746,759	11,518,231	100.4%
Turkey	5,875,218	4,919,196	6,651,262	35.2%
Lebanon	241,345	82,365	597,982	626.0%
Syria	330,129	34,250	117,913	244.3%
Iraq	30,757	8,509	97,931	1,050.9%

Traffickers have imported cultural material into the U.S. in clever ways in the past, surreptitiously labeling Hindu idols as "handicrafts," affixing "Made in Thailand" stickers on ancient Ban Chiang pots to make them appear modern, or manipulating the description of a Tyrannosaurus bataar skeleton from Mongolia on customs documentation. That is why scrutinizing the art, collectors pieces, and antiques that underlie the customs data described above would go far toward confirming or dispelling the suspicion that smuggled ancient artifacts from the Mideast may have been embedded within America's conventional global trade.

Among the questions requiring answers are what kinds of objects were specifically imported, and why did imports of "antiques" and "collectors' pieces" skyrocket in many instances? Were the imports classified properly or improperly? Who were the importers of record, and where did they sell their merchandise? Who were the buyers? What can the customs forms reveal about the commodities' actual countries of origin and their transshipment locations?


Data source: U.S. International Trade Commission Interactive Trade DataWeb (USITC DataWeb), as compiled by the Commission from official data retrieved from the U.S. Bureau of the Census (accessed October 2014).


Copyright note: Although the data presented here is sourced from publicly available information, it has been carefully selected, coordinated, arranged, and analyzed so that it is subject to copyright as a compilation by CHL. The publication, retransmission, or broadcast of this compiled data is strictly prohibited without CHL's express consent.

Photo credit: Svilen Milev
________________

*Import data is reported to U.S. Customs and Border Protection by the owner, purchaser, or licensed broker of the consignee. They file the entry documents, not the customs officials who are unable to inspect and document every cargo shipment. So whether cultural commodities are properly classified as HTS 9705 archaeological material or HTS 9706 antiques is the responsibility of the importer. In fact whether imports are falsely classified so that they can be smuggled across the border or mistakenly classified because of a judgment error is a function of the importing party. The import classification process is a self-reporting system, part of a shared compliance program overseen by U.S. Customs that obliges the trade community to regulate itself and follow federal law. Shared compliance allows the U.S. to competitively engage the world in global commerce. But smugglers will try to exploit the gaps and loopholes.

By Rick St. Hilaire
Text copyrighted 2014 by Cultural Heritage Lawyer. Blog url: culturalheritagelawyer.blogspot.com. Any unauthorized reproduction or retransmission of this post without the express written consent of CHL is prohibited.