When your quote becomes an InstaInspo!

I have mentioned (a lot) on my Twitter how I am a member of LBD Group.  The fabulous Janine Garner and everyone she has introduced me to have really changed my life.  I first met Janine in December 2013, and have not turned back since!

This month's GLOSS features my FOMO article and I was just that little bit excited to see that one of my quotes had been turned into a meme for #instainspo.

Check out the July issue of GLOSS for more inspiring stories.

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Steering Clear of ISIS Loot: Don't Buy, Apply Strict Due Diligence

Ancient artifact collectors share a passion for history, culture, and aesthetics. The best collectors embrace their role as stewards of heritage by dutifully caring for cultural material through conservation, storage, display, and study. But as fighting in Syria and Iraq intensifies, principled collectors are asking how to avoid purchasing "blood antiquities."

Like archaeologists, heritage preservationists, and the concerned public, collectors have seen the disconcerting satellite images of looters' pits that confirm severe damage to the archaeological record, and they have listened to assessments by law enforcement officials pointing out that ISIS/ISIL/Da’esh engages in the looting and sale of antiquities. They are also cognizant of the U.N. Security Council's unanimous decision in February to adopt Resolution 2199, which plainly expresses that terrorists "are generating income from engaging ... in the looting and smuggling of cultural heritage items ... in Iraq and Syria...." And today they learn that the U.S. Senate Foreign Relations Committee will take up S.1887, legislation that is similar to H.R. 1493, which authorizes emergency protections for endangered Syrian cultural property.

To steer clear of collecting potential ISIS loot, Richard Stengel, Under Secretary of State for Public Diplomacy and Public Affairs, recently tweeted this judicious guidance, “Don't sell; don't buy. That's one solution." Collectors would be well advised to heed this recommendation and avoid purchasing cultural heritage objects that appear to have surfaced from war-torn Syria or Iraq.

Yet a number of undaunted collectors will continue to shop the nubilous marketplace, optimistic that they will discover authentic and legal artifacts that, hopefully, do not contribute to terrorist funding or money laundering. For them, caveat emptor should remain the guidepost and strict due diligence the rule, particularly since mounting evidence offers abundant reasonable suspicion that would compel an ethical collector of ordinary caution to demand clear answers from a dealer about the exact origins, export, import, transshipment, and chain of possession of art, artifacts, or antiquities believed to have originated from the Middle East.

The justifiable suspicion that heritage trafficking funds terrorism received added confirmation in May when U.S. Special Operations Forces seized 700 cultural objects during a raid on an ISIS compound in the al-Amr region of eastern Syria. That area borders Iraq's Anbar and Nineveh provinces. The Department of Defense (DoD) implicated the owner of the collection in ISIS combat operations and asserted that the man, known only as Abu Sayaff, "helped direct the terrorist organization's illicit oil, gas, and financial operations as well."

The captured trove reportedly included bronze coins with Greek, Latin, and Arabic inscriptions (top); silver dirhams (right); copper bracelets (bottom left); gold dinars; cylinder seals; and more. As is typical with the black market trade, the genuine articles appear to have been mixed together with reproductions.

U.S. Ambassador to Iraq, Stuart Jones, offered the opinion that the raid revealed more than the ordinary measure of evidence. He contended, during a ceremony repatriating the objects, “These artifacts are indisputable evidence that Da’esh—beyond its terrorism, brutality, and destruction—is also a criminal gang that is looting antiquities from museums and historical sites and selling them on the black market."

Given the totality of data uncovered over the last several years linking trafficked heritage with terrorism, war, and money laundering, the largest community of collectors—museums—have taken steps to warn the public about the proliferation of the black trade. The International Council of Museums (ICOM) in September 2013 published a Red List spotlighting Syrian cultural objects at risk of plunder, and just last month the organization distributed a refreshed Red List covering Iraqi artifacts. The Red Lists help readers identify the kinds of artifacts looted from archaeological sites, stolen from museums, or smuggled across borders so that the distribution and sale of these precious heritage objects can be stopped.

The Red Lists signal extreme caution, and collectors of all stripes would gain peace of mind by provisionally abstaining from the purchase of objects that are believed to have originated from Syria or Iraq. Curbing consumer demand at the present time would have the added benefit of sending a message to suppliers that even the slightest hint of conflict-related commodities will not be tolerated in the legitimate stream of commerce.

Collectors determined to remain in the market, meanwhile, should employ a strict due diligence strategy to sharply limit the chances of acquiring possible contraband or facilitating money laundering. One suggested due diligence guideline—authored by individual collectors and presented to the pro-collecting Ancientartifacts forum in 2009—is titled A Code of Ethics for Collectors of AncientArtifacts. It remains a useful resource today, admonishing collectors to:

• protect archaeological heritage and uphold the law

• check sources,

• collect sensitively,

• recognize the collector’s role as custodian,

• keep artifacts in one piece and consider the significance of groups of objects,

• promote further study, and

• dispose of artifacts responsibly.

To achieve these goals, the ethics code highlights common sense due diligence and acquisitions advice, including:

• "Ask the vendor for all relevant paperwork relating to provenance, export etc."

• "Take extra care if collecting particular classes of object which have been subjected to wide-scale recent looting.”

• "Verify a vendor’s reputation independently before buying. Assure yourself that they are using due diligence in their trading practices, and do not support those who knowingly sell fakes as authentic or offer items of questionable provenance."

• "Do not dismember any item, or acquire a fragment which you believe to have been separated from a larger object except through natural means."

•  "Consider the implications of buying an item from an associated assemblage and the impact this could have on study."

• "Liaise, where possible, with the academic and broader communities about your artifacts."

Collecting can play a constructive role in the stewardship of legally acquired and suitably documented artifacts. But in today's conflict-ridden environments in Syria and Iraq, guarding against criminal trafficking and the facilitation of terrorist financing is a heightened concern, which should prompt collectors to effectuate appropriate safeguards. "Don't buy" is the best protective measure, while strict due diligence remains a secondary, yet imperfect, line of defense for those willing to assume the risks in the traditionally opaque marketplace.

Photo credit: U.S. Department of State

Text copyrighted 2015 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 project of Red Arch Cultural Heritage Law & Policy Research, Inc.

House Adopts The Foreign Cultural Exchange Jurisdictional Immunity Clarification Act

The Foreign Cultural Exchange Jurisdictional Immunity Clarification Act passed the House of Representatives late this afternoon. H.R. 889, which received broad bipartisan support by legislators in Congress, now goes to the Senate.

The committee report accompanying the legislation explained that "a provision in the Foreign Sovereign Immunities Act (FSIA) discourages foreign governments from lending government-owned artwork and objects of cultural significance to U.S. museums and educational institutions for temporary exhibition or display. Foreign governments are discouraged from such lending by the possibility that it will open them up to litigation in U.S. courts for which they would  otherwise be immune. This legislation fixes this problem by making a narrowly tailored change to FSIA."

The House adopted similar versions of the bill in the past, most recently in May 2014, but the bills failed to become law.

The CHL blog penned an argument in favor of this legislation in 2012.

The video below, courtesy of C-Span and clipped by CHL, shows today's floor debate.

 

Text copyrighted 2015 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 project of Red Arch Cultural Heritage Law & Policy Research, Inc.

House Passes Protect and Preserve International Cultural Property Act

On Monday afternoon, the U.S. House of Representatives passed H.R. 1493, the Protect and Preserve International Cultural Property Act.

CHL has prepared a video snippet of the debate and vote, courtesy of C-Span. Watch below or click here if you are experiencing difficulty.

Culture Under Threat Conference in Cairo: Red Arch Raises Important Questions Posed by U.S. Imports of Art, Collectors' Pieces, and Antiques

Why did the declared value of U.S. general imports of antiques over 100 years old from Syria climb 133% between 2012 and 2013, from approximately $4.7 million to $11 million?

Why did the declared value of U.S. general imports of antiques over 100 years old from Iraq skyrocket 1302% between 2009 and 2013, from $322,564 to $4,523,126?

These were some of the questions posed by Red Arch Cultural Heritage Law & Policy Research at an historic international summit held in Cairo on May 13 and 14.

Antiquities Coalition co-founder and Red Arch board member Peter Herdrich
(far left) stands with delegates and organizers of the Cultural Property Under Threat conference.
Antiquities Coalition Chair Deborah Lehr (7th from right) spearheaded the historic gathering.

Titled Culture Under Threat and cooperatively organized by the Washington, D.C.-based Antiquities Coalition and the Middle East Institute, the conference featured government ministers from ten nations. Together, they signed the Cairo Declaration, a document proposed by Egyptian Minister of Antiquities Mamdouh Eldamaty, calling for:

• the establishment of a high-level task force to coordinate regional and international efforts against cultural heritage trafficking,
• the creation of a public awareness campaign against the black market trade, and
• the formation of an independent center to combat antiquities laundering.

Egypt, Iraq, Jordan, Kuwait, Lebanon, Libya, Oman, Saudi Arabia, Sudan, and the United Arab Emirates proffered the Declaration in the wake of widespread plunder and destruction of archaeological, historical, and religious treasures located in the Middle East and North Africa (MENA).

“Criminal networks and terrorist groups have systematically looted historic sites and profited from the sales of these antiquities in international black markets,” the government ministers decried. They further denounced the sale of “blood antiquities,” which help fund ISIS and other terror groups.

In light of the extensive cultural heritage looting in the MENA region and because transnational commodities traffickers have been known to penetrate complex trade systems in order to turn contraband into cash, international trade data presented by Red Arch Research sparked important discussions among conference participants. The data highlighting U.S. imports of nondescript antiques from war-torn Syria and Iraq may prompt law enforcement and customs authorities to confirm or dispel any suspicions raised by the numbers.

Additional questions posed by the trade data include:

Why did the declared value of U.S. general imports of archaeological, historical, or ethnographic pieces from Egypt jump 105.5%, from approximately $5.2 million in 2012 to $10.7 million in 2013, which made Egypt the #2 source of such commodities by value behind the United Kingdom at $11.4 million?

Why did the declared value of U.S. general imports of archaeological, historical, or ethnographic goods from Lebanon spike 4,483%, from $6,546 in 2012 to $300,000 in 2013?

Why did the declared value of U.S. general imports of collectors’ coins (excluding gold coins) surge
- 82% from Turkey, from approximately $1.7 million in 2012 to $3 million in 2013?
- 417% from Lebanon, from $54,651 in 2012 to $282,434 in 2013?
- 2,604% from Libya, from $4,793 in 2012 to $129,620 in 2013?

UN Office of Drugs and Crime Regional Representative
Masood Karimipour listens as Red Arch Director Rick St. Hilaire
addresses the Cairo conference delegates.

Smugglers have been known to over-value or under-value invoices to disguise money transfers—a practice called trade based money laundering. Criminals also have been known to create shell import and export companies to hide the origins and transfers of illegally trafficked cultural goods. In past years, the CHL blog has chronicled cases where traffickers surreptitiously described Hindu sculptures as "handicrafts” on customs forms, affixed "Made in Thailand" stickers on ancient Ban Chiang pots to make them appear modern, manipulated the description of a Tyrannosaurus bataar skeleton from Mongolia as a fossil reptile from Great Britain on import paperwork, or falsely declared ancient Egyptian artifacts as “original sculptures and statuary” from Turkey, the UAE, and other nations. These cases illustrate the Basel Art Trade Guidelines (2012) warning that:

In comparison with other trade sectors, the art market faces a higher risk of exposure to dubious trade practices. This is due to the volume of illegal or legally questionable transactions, which is noticeably higher in this sector than in other globally active markets. Far more serious than shady dealings in a legal grey area, the sector’s shadow economy encompasses issues ranging from looted art, professional counterfeiting and fake certificates to the use of art sales for the purpose of money laundering.

Because the legal art and antiquities marketplace nurtures opacity, placing excessive emphasis on discretion over transparency, a black market temptation exists among smugglers, fences, and launderers to hide drops of illegally acquired goods deep within the sea of legitimate commerce. And the sea is vast. Declared American imports of art, collectors’ pieces, and antiques alone totaled over $9 billion in 2013, crowning the U.S. as the top global importer of commodities classified by this customs heading.

Answers are required to the critical questions lurking behind the import statistics: Who is importing the cultural heritage material? Who are the exporters? Exactly what “antiques,” “archaeological pieces,” and “collectors’ coins” are being shipped to the U.S.? From which archaeological sites and through what transshipment countries? And which imports are legal versus illegal? Indeed, uncovering black market trading pipelines, supply chains, and distribution networks navigating within the legitimate stream of commerce should be a key goal of the Cairo conference delegates as well as INTERPOL, the World Customs Organization, dealers and auction houses, and other stakeholders. 
________________________


Invaluable research assistance supplied by Keegan Trace Brooks, JD Candidate, Georgia State University. Data assembled by Red Arch Research from statistics collected by the U.S. Department of Commerce and the U.S. International Trade Commission. Photos courtesy of the Antiquities Coalition.


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.

Text copyrighted 2015 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.

WLAQ hosts The Honourable Shannon Fentiman MP

Since being appointed Secretary of Women Lawyers Association of Queensland in July 2014, I have been fortunate enough to attend and host a number of events.  The most recent event was the inaugural WLAQ Inter-Professional Networking Evening, where we hosted over 110 WLAQ members and their guests.

I was working with a fabulous sub-committee of Tamlyn Mills and Bridget Handley and the support we received from a number of Queensland businesses was amazing.  My good girlfriend Laura Chong, of The 400co dressed us all in the Mater Chicks in Pink dress, The Collection by M provided personalised chocolates and we all drank Ballandean Estate wine while eating food catered by Sage Catering.  And the venue, Wesley House kindly organised by The College of Law Queensland.  Pictures from the night can be found on the WLAQ Facebook Page.

Andre Cois Photography

The theme of our night was "make it happen", which was the 2015 International Women's Day theme.

The highlight of my night was being able to speak in front of my peers and close friends and to introduce our keynote speaker, The Honourable Shannon Fentiman MP.  A copy of my speech for the night is below.

I stand by what I say.  Collaboration is what it will take to address issues of gender diversity in the legal profession.

Let's make it happen.

Introduction by Cassandra Heilbronn for Minister Fentiman MP

Good Evening.

Internationally, March is dedicated to the celebration of events relating to women in history and contemporary society.  As Tamlyn highlighted, 2015 is the year of making it happen and where effective action for advancing and recognising women is encouraged.

Gone are the days where women focussed celebrations were held for political favour.  In its place, recognition of issues professional and corporate women face as they work towards challenging the status quo by not adhering to traditional, and well worn, rules and expectations of women in the workplace. 

Women no long simply accept "good enough".  We have tasted success, and with ambition we build and capitalise on the foundations laid by our predecessors.  Through our recently endorsed Strategic Plan, WLAQ has committed to providing an avenue, and to be a catalyst, for change for women in the legal profession.  Tonight, we are doing just that as we are joined by our peers from other professions as we enjoy a glass of wine and share stories.  Collaboration.   That is how we will achieve equality and diversity in the legal profession.

We have an advantage over our founding members.  Men are alive to the issues impeding the progression of women and accept that change is required.  I personally believe this change will come through the next generation of leaders, through my generation.  My male peers accept me as an equal, they frankly admit to having professional role models such as The Honourable Justice McMurdo AC and are familiar with females taking on the historically traditional role of provider, or "breadwinner".  Subconscious bias has not been inherited. 

It is incumbent upon us all to selflessly work together, because we must continue to build on the success of the dedicated women before us and make it happen.

In recognition of a woman who recently made it happen, we have invited The Honourable Shannon Fentiman MP, Minister for Communities, Women and Youth, Child Safety and Multicultural Affairs to be our keynote speaker for this evening and share her thoughts on "making it happen" for professional and corporate women.

Minister Fentiman holds a Bachelor of Laws (First Class Honours) from QUT and recently completed her Master of Laws at Melbourne University.  She was admitted as a legal practitioner in 2007.

Prior to her election to the Queensland Parliament as the member for Waterford, she worked as a solicitor at Hall Payne Lawyers and has considerable experience in employment law, having previously worked as an industrial advocate for the Australian Manufacturing Workers Union.  She also worked as a Judge's Associate in the Supreme Court of Queensland to her Honour Justice Atkinson.

We thank Minister Fentiman for making time to attend during the Parliamentary dinner break and speak to us tonight.

Please welcome, Minister Fentiman.