CPAC to Hold Hearing on El Salvador's MoU Extension Request

The government of El Salvador has asked for an extension of its Memorandum of Understanding (MoU) with the United States.

The MoU would authorize five more years of U.S. import controls under the Convention on Cultural Property Implementation Act to protect jeopardized archaeological and ethnological heritage originating from the central American nation.

The Cultural Property Advisory Committee (CPAC) will consider El Salvador's request during a public hearing that is scheduled for October 7 at 10:30 a.m. at 2200 C St. NW., Washington, DC (pictured here). To attend the hearing, call the State Department at 202-632-6301.

Public comments may be submitted to CPAC by clicking here.

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.

Allegations of False Declarations and Altered Trade Papers: Forfeiture Complaint Says $250,000 Dinosaur Skull Isn't from France and Isn't a Cheap Replica

In a civil forfeiture complaint published today and filed last Friday, the U.S. Attorney’s office for the Eastern District of New York told a federal district court that a fossilized dinosaur skull over 65 million years old isn’t a cheap replica and isn’t from France.

Prosecutors alleged in their complaint that a French fossil dealer attempted to unlawfully import the Alioramus dinosaur head into the United States by failing to disclose that it was real, that it originated from Mongolia, or that it was valued at a quarter million dollars.

This latest case appears to be part of a trend by U.S. and Mongolian authorities to focus attention on illegal imports of dinosaur fossils. The smuggling convictions U.S. v. Rolater and U.S. v. Prokopi are examples of recent criminal prosecutions. No criminal prosecution has been announced in the present case, which is an in rem action against the object that is captioned as U.S. v. One Alioramus Dinosaur Skull.

Assistant U.S. Attorney Karin Orenstein wrote in the verified civil complaint that the dinosaur skull must be forfeited under 19 U.S.C. § 1595a because the skull is considered stolen property according to the terms of the National Stolen Property Act 18 U.S.C. § 2314. The prosecutor also asserted that the head was smuggled into the U.S. in violation of 18 U.S.C. § 542 and/or § 545.

The AUSA recited the following allegations in support of the lawsuit to take title to the fossil and repatriate it to Mongolia:

In January 2014, Geofossiles shipped an Alioramus dinosaur skull via UPS from France to Newark, New Jersey. U.S. Customs intercepted and detained the shipment. “Attached to the customsdeclaration was an invoice dated January 9, 2014 for ‘fossil cast dinosaur bones from France’with a sales price of 2,500 Euros plus fees. Atthe time, 2,500 Euros could be exchangedfor approximately $3,400.”

Geofossiles petitioned Customs to reclaim the dinosaur head but provided conflicting paperwork that declared that the head was actually of Mongolian origin. Geofossiles attached to its petition "a different invoice, dated March 18, 2014, describing the Defendant in rem as 'Fossil dinosaur bones 70% and 30% cast' with a purchase price of $250,000, indicating that the shipment containeda genuine fossil.”

The prosecutor’s complaint outlined how Mongolian authorities uncovered allegedly altered information during an examination of export paperwork:

Geofossiles attachedto the Petition documents whichpurported to show that the Defendantin rem was reported to the Mongolian government and allowedto leave Mongoliain 2006. 

....

The documents supplied by Geofossiles were reviewed by Mongolian authorities who located their original counterparts in their records. The Mongolian authorities determined that the copies provided by Geofossiles were altered versionsof records pertainingto the export of four Mongolian  “ger” sets in 2006. A ger is a moveable,circular dwelling that is a traditional residential structure in Mongolia. 

The original MongolianCertificate of Originlists only the gers. By comparison,the copy of the MongolianCertificate of Originsupplied by Geofossiles lists the same gers, but has been altered to add, in a different font, four paleontological terms, including “tarbo[]saurus.”

The French dealer, or any other valid party that chooses to assert title to the Alioramus skull, will have an opportunity to challenge the allegations made by the U.S. Attorney’s office.

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.

Yes, I am a girl. Yes, I like sports!

I get emails and messages from young professionals around the world about different work situations and asking me now they should best deal with it.  One topic I get constantly is invitations to sporting events. 

The ladies I hear from are either invited to a sporting event as the "token" female or not invited as it is assumed they don't like sport.  Both cases are ignorant and outdated and I have been in both.  Admittingly, the best of the bad situations would be the token female invitation and then being able to hold a conversation about what is happening in said game (just don't be that overly excited female throwing beers at the poor bloke in front of you because he barracks for the other side).

But what do you do if you are not invited because (shock) you're female, and what do you do when you are told the reason why is because they "didn't think you would enjoy the game"? 

The best way to deal with it is to directly address the issue. Say something. However, if you are anything like me, in times of potential confrontation the conversation never comes out as I actually planned it in my head! 

Thankfully talking about attendance at sporting events isn't confrontational (well I hope not). Simply acknowledge what was said, but reference the sport/match/game and how you would liked to come along next time.  Might sound bold, but it works. 

It is also good to make your sporting interests known in the office. I am not talking about pinning Qld Reds flags to your desk and substituting your suit jacket for a Broncos hoodie, I am talking about making conversation with your male colleagues about the games from the weekend. Trust me - it works!!  A lot of companies also have office sports teams which are all mixed.  Joining up for the touch footy or soccer team is another great way to show your interest.

I love my sports and I really enjoying entertaining (or being entertained) at sporting events!  Just because your female doesn't mean you are completely inept with any type of sporting prowess.  A few years ago, I was sent tickets to the Ashes from a male Managing Director because he ended up being wrong on a footy rule that we were debating the weekend before at a Broncos match.  Best thing is I now have a great working relationship with this MD and he even started hosting female only sporting events - organises and pays for a box at the union/afl/cricket, gift bags for everyone going, cabs to and from the stadium and full hospitality at the game.  We need more MDs like this!

My lasting comment to you - don't just sit there and take it, but don't go to the extreme.  Deal with the situation as it comes and take proactive steps to prevent it from happening again.  In an ideal world (which will never happen), there would be no issue with female workers being asked, or attending, company marketing events that are sports related.  Until we get such ideal world, don't throw a private tantrum - DO something about changing it.

Take some "me time" - avoid a burnout (and go to a day spa)

Anyone who has ever suffered a burnout, never wants to experience it again.  It is not a good feeling and once you have been there, trust me - you will be taking steps to make sure it does not happen again!

A burnout affects people differently and for me it usually results in a "meltdown" of some sorts. I'm not talking a tantrum or the like, I am more like a balloon that has reached maximum size and is just tethering on the stages of popping.  It just takes one little "prick", and I am popped (and it is usually in response to something so little and "un-pop worthy", but I am just that on edge, it has put me over). Thankfully, over the years I have realised what I need to do in order to avoid the burnout phase.  Even with the best intentions though, I can come close to a burnout.  I don't want that for me and I don't want that for you.  As they say - every time a rubber band is stretched, while it does "bounce back", it never bounces back to the same shape it was previously.   Don't let your burnouts take you to a place you can't come back from.

Finding what works for you 

The best mechanisms for avoiding a burnout will be different for every one. 

My best good girlfriend Jessica Turner has her own blog on health and lifestyle and kindly shared her views on the importance of looking after yourself. 

I've learnt to make nurturing myself a priority. I know if I take the time to do the things which give me a sense of wellbeing and create space in my life.. I'm better at work, in my relationships and I'm just plain happier!

When I forget or ignore what my mind and body needs, I'm not the best version of myself.

Its not about being indulgent or lazy, self care is giving yourself the love and respect you deserve and truly need to for a healthy body and mind. 

My favourite ways to nurture myself are yoga, meditation, getting a facial or massage, taking a long bath and taking myself out for a beautiful nourishing breakfast at my favourite cafe. These simple expressions of self love keep me smiling.

Luckily, Jessica and I have similar mechanisms in place for avoiding a burnout.  For me, it's not just about going for the gym and doing coffee, it's about scheduling time where I have no choice but to unplug.  I love getting a massage but have never been big on getting a facial (I thought they sounded pretentious).  However, as I edge towards 30 (under two months to go!), I have been looking at ways to kill two birds with one stone - preventing the ageing process and unplugging at the same time. 

My increased work with WLAQ has decreased my available "me time", but if I want to offer myself fully to advancing women in the legal profession and also in my work, I need to be on my A-Game.  I realised recently that I needed to schedule in "me time" to unplug (and avoid a burnout) and decided to do something different (Jess' influence) and put a call out on Twitter for some day spa recommendations.  Noel and his team at Aquarius Health & MediSpa replied and organised for me to come in for a facial and use their day spa facilities.  When I walked in I thought of Louis Litt and his mud spa scene with Mike where he stands up (naked) and says "I cannot mix work with mudding", so iPhone was switched off the moment I walked in!

I had the best time at Aquarius!  I didn't realise there were so many things you can get done at the day spa (Aquarius also has Cosmetic Image Clinics for those who want to take a different route for relaxation).  I told the beauty therapist that I was not really big on facials, and her response reinforced a message I remember reading in one of Dr Lois Frankel's books - your appearance is your brand and you are judged on your appearance before you even have a chance to speak and show your worth.  I realised that if I felt like crap, all tired and sluggy, I probably looked that way too! 

While I wish I could say I spent a few hours using these facilities, I must admit to feeling a little guilty for not "doing anything", and only spent about 45mins taking advantage of the quiet (and no iPhone!).  I honestly felt so good after I walked out. My only mistake was not arranging a massage (ok ok, I have booked in for another treatment in a few weeks time and I actually don't feel guilty about it!)

Life is a marathon 

Burnouts are not a pretty thing.  As Kelly Cutrone said, young girls need to realise life is a marathon not a sprint.  No one can fully prepare you for the transition from University to a full time career, but we can give you tips and guide you.  Learn from those who have been-there-done-that.  I want all you young professional women to realise is that you need to make a habit to schedule "me time" where you can 100% unplug.  Take time to pamper yourself.  Relax, unplug and go and get a treatment - look after your health!  

Find what works for you - but do not feel guilty for spending time on yourself.  Mental wellbeing is just as important as your physical.  

Go and check your diary and schedule some "me time". 

 

Cas 

Thank you to Aquarius Health & MediSpa for giving me the royal treatment.  The staff did not know that Noel had organised the day for me, or that I would be writing this blog, which is what really impressed me about their service!  To them, I was just another customer.  I can't wait to go again.

 

 

A Healthy Trade, A Black Market Temptation: Latest Figures Show U.S. Leadership in Art and Antiquities Exports and Imports

The latest trade figures show that the United States is the leading exporter and importer of fine art, antiquities, and other cultural goods. Dealers and consumers are thriving in this robust marketplace where billions of dollars are exchanged annually. Yet the market remains susceptible to criminal penetration.

American international trade in fine art and antiquities is very large. UN Comtrade and U.S. International Trade Commission (ITC) data reveal that America imported over $9 billion in art, collectors’ pieces, and antiques last year. It also exported the same types of goods in 2013—classified by Harmonized Tariff Schedule (HTS) 97—in an amount valued at $7.7 billion, crowning America as the global leader in both exports and imports of art and cultural heritage material by monetary value.

To put these cash amounts into perspective, $9 billion could purchase a fleet of 35 Boeing 747 aircraft or buy 530,000 Ford Focus automobiles.

The U.S. was also a top country in 2013 for imports and exports of HTS 9705 goods, an important subcategory of HTS 97 that includes collections and collectors' pieces of zoological, botanical, mineralogical, anatomical, historical, archeological, paleontological, ethnographic or numismatic interest. America was the second highest importer by value, bringing in roughly $263 million worth of HTS 9705 commodities from around the world. The U.S., in turn, exported nearly $192 million in HTS 9705 material, taking the third-place spot among nations.

This large and healthy trade in art and antiquities can be tempting to the black market because money laundering, smuggling, and fencing stolen objects are more easily disguised when smaller drops of dirty cash and contraband get lost in a vast ocean of legal commerce. In fact, the 2012 Basel Art Trade Guidelines cautioned that the market “faces a higher risk of exposure to dubious trade practices ... due to the volume of illegal or legally questionable transactions, which is noticeably higher in this sector than in other globally active markets.”

Organized crime can over-value or under-value invoices to disguise money transfers, a practice called trade based money laundering. Smugglers can create shell import and export companies to hide the origins and transfers of illegally trafficked cultural goods. And many other techniques can be used to hide criminal conduct that piggybacks on legitimate trade. Such methods may explain why $6.8 billion in art and antiquities shipped between the United Kingdom and the United States over the last five years remains missing.

To peel away the black market that camouflages crimes of trafficking, money laundering, and possibly terrorist financing requires rigorous initiatives that will shore up vulnerabilities existing within the broader white market. Industry transparency and due diligence are critical elements to any defense. Moreover, intensified law enforcement efforts directed at investigating and prosecuting cultural heritage trafficking and money laundering must be supported.

Photo credit: Jon Syverson

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.

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 art of justification drinking

Ask any successful career girl what she does when she gets home from work, and the majority answer will be "I pour a glass of wine".  Why? Because she deserves it.  We all deserve it.

Right now, I am sitting here with a bottle of Wirra Wirra Church Block cracked, my first glass poured and a nice array of cheese and crackers beside me. Why? Because I had a successful week at work. When I pour my second, it will be because I had a productive weekend - gym time, catching up with friends, mentoring a University student and preparing for the week ahead. If I decide to pour a fourth, it will be because it's Sunday evening and I'm giving a nod to the week ahead (and I don't want to waste a nice bottle of red). 

In early November last year, I read an article about this type of behaviour, it's called obvilion drinking. High powered women using alcohol as a time out from doing it all. As Psychoanalyst Jan Bauer is quoted as saying, these women use alcohol to take them out of their "perfectionism". 

I am only 29, so I don't necessarily fall within the target demographic of the comments in the article, but I soon will be.  It is alarming to me, that what I see as an innocent knock off drink, could in years to come be classed as oblivion drinking. But what is the difference between an Aussie knock off drink with my fellow career girls and excessive drinking? To me, excessive would be drunk on a school night, or in the case of a weekend, not remembering what happened the night before, or well, drinking to oblivion. 

The Australian Institute of Health and Welfare says that "risky drinking" is anything more than 2 standard glasses per day.  As an Aussie, 2 drinks a day sounds like a relatively low amount to me. But when I look further into the effects of risky drinking for someone my age - pre children - I am putting the cap back on my bottle of Wirra and not having that second drink. I don't want premature menopause, increased risk of infertility and miscarriage or my brain development to be affected. Not going to lie, I do want that second glass of wine, but I value my health more than a half hour escape from reality (because quite honestly my reality is pretty good and I have no reason to want to escape into oblivion).  

How am I going to manage this in the future? Well, I won't be saying no to catch ups after work, networking events or lunches with clients. I will be saying no to the wine. I will be managing my intake and making sure other young women know the potential effects of alcohol and this concept of oblivion drinking. For now, less buttoms up, more buttoms down. 

Bagpipes Seizure by U.S. Customs May Spur Police Involvement in Ivory Ban Debate

This week’s seizure by U.S. Customs and Border Protection (CBP) of two teenagers’ vintage bagpipes may serve to increase public opposition against the current blanket ban on the movement and trade of ivory. This time among police officers.

Pipes | Drums reported the confiscation of the teens’ heirloom bagpipes, writing that the 17 year olds from Massachusetts possessed CITES permits (permits under the Convention on International Trade in Endangered Species of Wild Fauna and Flora) for the ivory that ornamented their 1936 and 1958 pipes. The pair crossed into Canada for a competition, only to have federal customs officials take away their musical instruments at the Vermont-Canada border on the way back.

The story of the bagpipe seizure has now spread among police officers on social media because many officers throughout the country are part of police associations' pipe and drum corps. While federal officials eventually returned the bagpipes to the teens, a local news report intimated that the return may only have come in response to intervention by a U.S. senator's office. 

Elephant poaching is a transnational crime that slaughters thousands of elephants each year. In fact, monitoring the Killing of Elephants (MIKE) reportedthat 22,000 were killed illegally in Africa in 2012. That devastation to endangered wildlife is why the United States and the international community strongly support measures to combat ivory trafficking.

But the unilateral administrative ban on the transfer of ivory, promulgated by the White House in February, remains an immoderate response that serves only to build public dissatisfaction since the ban covers more than just illegal modern-day ivory. The ban essentially forbids the complete commercial sale of elephant ivory objects and restricts many imports and exports regardless of their age or legal acquisition. More importantly, it has instantly turned many innocent owners of old ivory into current possessors of contraband when the focus of domestic enforcement should be on transnational smuggling networks, dealers and collectors who operate illegally, and the muddied ivory market with its links to the opaque antiquities market.

The Obama administration recently relaxed the ban for the benefit of museums and holders of antiques, but only after pressure had been exerted by interest groups. State, county, and local police officers may be the next group of citizens to pressure the White House.

In the meantime, if police pipers or others plan to travel with bagpipes that have any amount of ivory in them, U.S. Fish and Wildlife has a permit process that must be followed. It is described on the agency’s web site.

Photo credit: D. Carlton

By Rick St. Hilaire Text copyrighted 2010-2014 by Ricardo A. St. Hilaire, Attorney & Counselor at Law, PLLC. Blog url: culturalheritagelawyer.blogspot.com. Any unauthorized reproduction or retransmission of this post without the express written consent of CHL is prohibited.