Culture Without

The Newsletter of the Illicit Antiquities Research Centre Issue 13, Autumn 2003

~ The Illicit Antiquities Research Centre is a project of the McDonald Institute for Archaeological Research. Illicit Antiquities Research Centre

he Illicit Antiquities Research Centre (IARC) was established in May 1996, T under the auspices of the McDonald Institute for Archaeological Research in Cambridge, England, and it commenced operations in October 1997. Its purpose is to monitor and report upon the damage caused to cultural heritage by the interna­ tional trade in illicit antiquities (i.e. antiquities which have been stolen or clandestinely excavated and illegally exported). The enormous increase in the vol­ ume of thi s trade over the past twenty years has caused the large-scale plundering of archaeological sites and museums around the world. The [ARC will raise public awareness of the problems caused by this trade and seek appropriate national and international legislation, codes of conduct and other conventions to place restraint upon it.

Culture Without Context is published twice-yearly. The next issue will appear in spring 2004. Subscription deta il s are available from: Jenny Doole IARC McDonald In stitute for Archaeological Research Downing Street Cambridge CB2 3ER UK e-mail: [email protected]

Front cover. Looting with a bulldozer at al Assaya, Iraq (Photo: Helen McDonald) (see p. 14).

Address for correspondence: Staff: ewe Editorial Board, McDonald In stitute for Archaeological IARC Director: Colin Renfrew Research, Downing St, Cambridge, UK, CB2 3ER. fARC Co-ordinator: Neil Brodie http: //www-mcdonald.arch.cam.ac.uklIARC/home.htm IARC Researcher: Jenny Doole Correspondence relating to all aspects of the legal and illegal ewe Editorial Board: Neil Brodie trade in antiquities is welcome; we will make an effort to print Augusta McMahon reasonable , non-libellous letters. No unsigned letters will be Chri s Scarre printed, but names wi ll be withheld upon request. Peter Watson , 2004 McDonald Institute for Archaeological Resea rch ewe Designer: Dora Kemp Printed by BluePrint, Coldhams Road, Cambridge, UK, CB1 3EW. Tel : +44 (0)1223472400 ISSN 1464· 1925

2 Editorial So, in view of this financial disincentive, the BAMF would like the Government to fund a data base aimed at screening all objects, no matter n December 2003 th e Dealing in Cultural what their value. But what are these objects, and I Objects (Offences) Act became law in the what form will the data base take? Clearl y, some United Kingdom. It introduces the concept of a or many of the objects might be illicit antiqui­ 'tainted object', which is defined as a cultural ties, but a data base of stolen objects is a sin gularly object that has been illegally excavated or re­ inappropriate means to intercept such material. moved fi·om a building or monument of hi storical, Most illegally-excavated objects that appear on architectural or archaeological interest. It is now the market will not, and indeed cannot, be en­ a criminal offence for a person to acquire or dis­ tered on a data base of stolen objects, almost by pose of a cultural object knowing or believing it definition, as they will not have been previously to be tainted. known or documented, and thus cannot be re­ ported as stolen (unless looters report their '-' Also in December, the UK Parliamentary acti vities to the local police, which seems an un­ W Select Committee on Culture, Media and likely turn of events). Indeed, such a data base Sport published the report of its second enquiry mi ght exacerbate the probl em. James Ede went into the illicit trade and restitution of cultural on to say that a data base ' is not foolproof, but it property (Cullural Objects: Developments Since is cheap and it is effective and it also gives a very 2000),' which had been held in order to review clear definition of due diligence - very clear to progress made by the UK Government in acting everybody'. But given the fact that most illegall y­ upon recommendations made in the Committee's excavated objects w ill not appear on a data base first (2000) report,' and also by the Government's of stolen obj ects, it is not at all clear how a check own Illicit Trade Advisory Panel (ITAP) '! While on a data base of stolen objects constitutes due the Select Committee welcomes the ratif"ication diligence when th e hi story of an unprovenanced of the 1970 UNESCO Conventi on and the Deal­ artefact is being in vestigated. Indeed, if it is ing in Cultural Objects (Offences) Act, it expresses treated as such, it will facilitate the illicit trade. concern over th e lack of movement to wards The problem is that the precise purpose instituting a national data base of unlawfull y-re­ and nature ofa database ofunlawfitll y-removed moved cultural objects. or stolen cultural objects have yet to be estab­ One obstacle to achieving thi s goal has li shed. The !TAP re port recommended the been the obvious one of who should pay - the institution of a speciali st national data base of Government or the private sector. Commercial unl awfull y-removed cultural objects, from any­ data bases of stol en cultural objects such as the where in th e world. Its primary purpose would Art Loss Register (A LR) and Trace already ex­ be to record objects that have been stolen, illegally ist, but w hen interv iewed by the Select excavated or illegall y removed fro m monum ents Committee, representati ves of the British Art or wrecks. What is important, though, is that ITAP Market Federation (BAMF) stated th at a fully­ went on the emphasize that these three catego­ comprehensive commercial data base just isn't a ri es o f objects would need to be treated viable proposition. The problem is that small di fferentl y. In the case of stolen objects a descrip­ businesses cannot afford to use them. James Ede, ti on and, ideall y, a photograph could be recorded. speaking on behalf of the BAMF, provided the For objects removed ill egall y from archaeologi­ argument and the f"igures when he said th at cal sites, monuments or wrecks, it was recogni zed that thi s would not usuall y be possibl e, but no th e vast majo rit y orlhe memb ers ormy trad e asso­ clear guid elines were offered as to what alterna­ ciati on [International A ss ociation of Dealers in ti ve recording procedures mi ght be approp ri ate. Ancient Art--l ] dea l in objects thaI arc wort h between £ I and £500. It costs £30 to do a chec k with the Thi s di stinction between stolen objects and ill e­ A LR. We can ll ot req uire our members 10 check ga ll y-removed objects, however, does not seem th in gs on that basis. Vye require thCJ1110 check an y­ to have been picked up by the Select Committee, thing over £2000. wh ich regards the terms almost as synonymous.

3 What is needed for ill egall y-removed ar­ 9 In the spring 2003 Editorial I pointed out chaeological material is a data base whi ch records ~ that shortl y after the looting of th e Bagh­ descriptions of categories. In other words, it dad Museum I was able to find 53 in scribed should supply descriptions and images of types cuneiform tablets and cones for sale on the of object which are known to be under threat of Internet. By late December 2003 the same web­ illegal excavation, or have been in the recent past, sites could muster only twelve between them, four and are thought to be circul ating on the market. of whi ch were left over from May. It is hard to This is the rationale followed by the Internati onal know wheth er thi s reduction in numbers is a Council of Museums in the construction of its chance nuctuation, or a more deliberate response Red Li sts,' and is the basis of th e US State De­ to the negative publici ty generated by events in partment's International C ultural Property Iraq. For th e four British websites which were Protection data base. 6 However, a data base that included in thi s brief survey, it might be due to records descriptions of objects under threat will the fact that in June 2003 the UK Government make very little impact on the illicit trade unl ess: passed The Iraq (United Nations Sanctions) Or­ (i) the United Kingdom acts to ban the import of der (S I 1519), in implementation of UN Security specified categories ofthreatened material, which Council Resolution 1483, the Iraq (United Na­ is not likely happen; or (ii) professional trade as­ tions) Sanctions Order 2003. SI 15 19 deals sociations adopt ethical codes that forbid the sale specifi call y with ill egall y-removed Iraqi cultural of threatened material, whi ch is equally unlikely. objects and is by far the strongest piece of pro­ So, if th e UK Government is to make a tective legislation so far enacted in the United large sum of money available to combat the il­ Kingdom as it inverts the burden of proof which licit trade in antiquities, the construction of a large normally applies in a criminal prosecution. data base of stolen objects w ill be a good way to Under presentl y establi shed criminal law, squander it. The data base will be inappropriate, before a person can be found guilty of handling in that it will not record illegally-excavated or re­ stolen material it must be established that he or moved objects, and ineffective, in that it will not be she had good reason to beli eve that th e material supported by any legal or ethical sanction. The was stol en. In other words, to have bought and money would be better spent reinforcing Scot­ sold a cultural object of uncertain provenance is land Yard's Art and Antiques squad. If, on the other not an offence; in effect, an object is 'innocent hand, the Government wishes to combat the trade until proven guilty'. However, thi s is not the case in stolen antiques and paintings, all well and good, under SI 1519. Article 8(3) states that: but let's not kid ourselves that a data base ofsto­ len objects offers a cheap and effective solution Any person who dea ls in any item of ill ega ll y re­ moved Iraqi cultural propert y shall be guilty oran to the trade in looted antiquities ~ it doesn't. offence under thi s Order, unless he prove s th at he did 11 0 1 know and had no reason to suppose th at th e I. Cu/tllral O~iec l s: Developments Since 2000 is avail­ it em in questi on wa s illega ll y remo ved Iraqi cul­ able from the Stationery Office (ISBN 02 150 1439 1) or tural property. can be downloaded from: http ://www. publicat ions. parii ament .uk/pa/cm/cmcumcds. htm#rcports. The requirement for a person to prove that there 2. Cullural Properly: Return (lnd Illicit Trade (2000) is ava ilabl e from th e Sta ti onery Office or can be was no reason to suppose that an object was ille­ downl oaded from: http: //www.pub]ica li ans.parii amcn l. gally removed effecti vely means that a person is uk/pa/cl11 199900/clll se iec t/cI11CUIll Ccis/c 11l Clll11 ccis. htm . obliged to ensure the good provenance of an ob­ 3. The report o f the Ministerial Advisory Panel on Illicit ject before buying or selling it. In other words, Trade (2000) can be downl oaded From : http://www. an object must be presumed 'guilty' unl ess proven eu I t u re.gov. u k/globa Ilpub I i ea t ions/a rch i ve_ 2000/ otherwise. Report_ lllieit_ Trade.htm. Some lawyers have opined that SI 1519 4. The websit e of th e Internati ona l Associati on of Deal­ may contravene the European Convention on ers in Ancient Art is at: http://www. iadaa.orglindex. hIm!. Human Rights, but they can draw solace from 5. Ava ilabl e at: http://ieolll .llluseul11/redli st/. the fact that it will be repealed in due course when 6. Ava ilable at: http ://exchanges. slale.gov/culprop/data the political situation in Iraq normalizes, if not base. htm!.

4 before, and the 'guilty unless proven innocent' 9 Apologies are in order. In the spring 2003 principle which it enshrines will go along with ~ Issue of Cullure Wllhaut Context we it. However, if nothing else, the Order will have claimed that the posters shown on page 19 were provided an interesting experiment that will al­ produced by the Colombian Ministry of Culture. low the efficacy of strong legislation to be However, Mariana Mould de Pease has kindly assessed, both as a facilitator of police action and pointed out that they are in fact the work of Pe­ a deterrent to illicit trade. Already, as we note on ru's Institute of National Culture, and we are sorry page 15 of In the News, Scotland Yard have ar­ for any confusion or offence that our mistake has rested several people suspected of handling stolen caused. Iraqi material. NEIL BRODIE For breaking new s on Iraq see: http://cctr,lIlllkc.edu/userJ fdeblauweiiraq .hlml

The Mc CIa inl Schultz art market community to COnfOnll its conduct to thi s legal standard. doctrine: another step Frederick Schultz is a prominent antiqui­ against trade in stolen ties dealer who, until shortly before his indictment, served as president of the National antiquities Association of Dealers in Ancient, Oriental and Primitive Art (NADAOPA)-' Beginning in the PATTY GERSTENBLITH early 1990s, Schultz and his British co-conspira­ tor, Jonathan Tokeley-Parry,3conspired to remove n February 2002, prominent New York an­ and resell several antiquities from Egypt, includ­ I tiquities dealer, Frederick Schultz was ing a stone sculptural head of the 18'" Dynasty convicted under the United States National Sto­ pharaoh Amenhotep III, a faience figure ofa king len Property Act (NSPA) on one count of kneeling at an altar, a pair of wall reliefs from conspiring to deal in antiquities stolen from the tomb of Hetepka in Saqqara, and a 6'" Dy­ Egypt. Pretrial proceedings had focused on the nasty statue of a striding figure 4 In 1983, Egypt basic legal issue of whether antiquities, whose had enacted Law 117, which, among other pro­ ownership has been vested in a nation, are stolen visions, vested ownership of all antiquities property if the antiquities are excavated and re­ discovered after that date in the Egyptian nation. moved from the country without permission. This meant that any antiquities excavated after Soon after his conviction, Schultz appealed, that date and removed without permission were based, to a large extent, on this question. On June stolen property under Egyptian law. Tokeley­ 25 , 2003, the federal Court of Appeals for the Parry and Schultz therefore created a fake Second Circuit, which includes New York City provenance for several of these items, placing within its jurisdiction, affirmed the conviction, them in a fictitious old collection of the 1920s, expending much of its written opinion on con­ dubbed the 'Thomas Alcock collection', and fal­ sideration of whether such antiquities are stolen sifying 'aged' labels. property under the National Stolen Property Act. ' Following his indictment in July 200 I, In concluding that such antiquities are stolen, the Schultz moved to have the indictment di smi ssed Second Circuit has clearly reiterated that this rule based on two main arguments: that Egyptian Law of law applies in the New York area, the heart of 117 was merely an export control and not an the antiquities market in the United States. In light ownership law and that United States law, includ­ of earlier court rulings that followed the same ing the NSPA, does not regard objects taken in principle, three of the most prestigious federal violation of a foreign ownership law as stolen appellate courts are now clearly in agreement on property. The trial court rejected both these ar­ this issue, indicating that it is incumbent on the guments' and the case went to trial in February

5 2002. Schultz was convicted and sentenced in The court then responded to a series of ar­ June 2002 to 33 months' imprisonment. He then guments presented by Schultz that amounted to appealed to the Second Circuit. Schultz's appeal the notion that these objects, even if owned by was supported by two amicus curiae briefs - Egypt under Egyptian law, should not be consid­ one filed on behalf ofNADAOPA, joined by the ered owned by Egypt for purposes of United International Association of Professional Numis­ States law and enforcement of the NSPA. The matists, the Art Dealers Association of America, court responded that the NSPA covers objects the Antique Tribal Art Dealers Association, the stolen in foreign countries as well as objects Professional Numismatists Guild, and the Ameri­ owned by foreign governments. The court then can Society of Appraisers. The second brief in proceeded to analyze three of Schultz's primary support of Schultz was filed by an ad hoc group, arguments as to why the NSPA did not apply to Citizens for a Balanced Policy with Regard to his conduct. the Importation of Cultural Property, although First, the court focused on the status of an authored by the NADAOPA's long-time attorney, earlier decision, United States v. McClain,7 which James Fitzpatrick. An amicus curiae brief was affirmed the conviction of several dealers for submitted in support of the U.S. government's conspiring to deal in antiquities stolen from position by the Archaeological Institute of Mexico. As in the case of Egypt, Mexico vests America, joined by the American Anthropologi­ ownership of antiquities pursuant to a national cal Association, the Society for American ownership law. In McClain, the Fifth Circuit Archaeology, the Society for Historical Archae­ Court ofAppeals struck a balance by clearly dis­ ology, and the United States Committee for the tinguishing between, on the one hand, illegal International Council on Monuments and Sites. export and, on the other hand, application of the Although it was not an issue explicitly ar­ NSPA to protect a foreign nation that has clearly gued by Schultz in his appeal, the Second Circuit vested ownership of antiquities in the same way appellate court spent considerable time analyzing as it protects any other owner whose property has Egyptian Law 11 7 to determine whether it was been stolen. truly an ownership law, rather than an export Second, the court addressed Schultz's ar­ control 'in disguise'. If the law were more ap­ gument that the prosecution under the NSPA was propriately viewed as an export control, the contrary to United States policy. Much of this property could not be characterized as stolen and argument rested on Schultz's contention that there would be question as to whether Schultz Egyptian Law 117 was an export control, rather had violated an American law in conspiring to than an ownership law. The court summarily re­ bring such objects into the United States. The jected this argument, returning to its earlier court concluded that Law 117 is a true owner­ analysis of Egyptian law and citing also to the ship law based on its clear language and extensive different penalties provided for smuggling and evidence of its internal enforcement presented for theft or concealment of an antiquity. during a hearing conducted by the trial court. The Schultz's next argument was that enactment testimony of Dr Gaballa Ali Gaballa, at the time of the Convention on Cultural Property Imple­ the Secretary General of Egypt's Supreme Coun­ mentation Act (CPIA)8 was inconsistent with cil ofAntiquities, and General EI Sobky, Director Congressional intent concerning the meaning of of Criminal Investigations for the Egyptian An­ the NSPA. The CPIA provides a mechanism by tiquities Police, outlined the conduct required which other nations that are party to the 1970 when individuals discover antiquities and particu­ UNESCO Convention may request the United larly the government's active enforcement of the States to impose import restrictions on designated law within Egypt, including the prosecution of categories of archaeological and ethnological individuals for violating Law 117. The court con­ materials. The CPIA also prohibits the import into cluded that 'Law 117 is clear and unambiguous, the United States of stolen cultural objects that and that the antiquities that were the subject of have been documented as part of the inventory the conspiracy in this case were owned by the of a museum or other public institution. Schultz Egyptian government'.6 argued that the CPIA provides the only mecha-

6 nism by which the United States deals with an­ each case. These factual issues will include the tiquities in the international arena and that, in specific conduct of the parties involved and the particular, the notion of stolen archaeological law of foreign nations. Nations that want to pro­ objects should be restricted to those covered by tect their archaeological heritage need to be sure the CPIA - that is, those that are stolen from a that their laws, particularly those that vest own­ public institution. ership of antiquities in the nation, are written In rejecting these arguments, the court cited clearly enough so as to give notice to Americans to the legislative history of the CPIA in which of the conduct that they prohibit and distinguish Congress stated that the CPIA 'affects neither between ownership and export controls. Such existing remedies available in state or federal laws will need to stand up to scrutiny in an Ameri­ courts nor laws prohibiting the theft and the can court and must be domestically enforced knowing receipt and transportation ofstolen prop­ within any country that asserts national owner­ erty in interstate and foreign commerce'.9 In ship. The Second Circuit's extensive discussion response to Schultz's restrictive interpretation of of Egyptian law underscores the importance of 'stolen', the court pointed out that the NSPA these points. Clarity and domestic enforcement would surely apply equally to cultural objects will also have the advantage of directly dimin­ stolen from a private home abroad, even though ishing the looting of sites by punishing and such objects are not covered by the stolen prop­ inhibiting the actual looters. erty provisions of the CPIA. Finally, the court Finally, the Schultz decision adds a signifi­ emphasized that the CPIA and NSPA differ in that cant disincentive to the looting of sites by the CPIA is a civil, import law, while the NSPA discouraging individuals from engaging in the is a criminal law. Even though both laws might, market in undocumented antiquities by bolster­ at times, pertain to the same conduct, such over­ ing the likelihood of criminal prosecution in lap is not inappropriate and is not a reason to limit appropriate circumstances. In combination with the scope of the NSPA.IO the Customs laws, it will assist in prohibiting the While Schultz raised several other argu­ import of stolen antiquities. These legal conse­ ments, these are generally not of interest to the quences provide a powerful disincentive to concerns of archaeological preservation." In a market demand which, in tum, will discourage summary of its analysis, the court stated: the looting of archaeological sites. The Schultz decision is another element in the recognition that Although we recognize the concerns raised by the preservation of archaeological sites through­ Schultz and the amici about the risks that this hold­ ing poses to dealers in foreign antiquities, we cannot out the world is of value to the American public imagine that it 'creates an insurmountable barrier and is another positive step taken by the Ameri­ to the lawful importation of cultural property into can government toward the goal of world-wide the United States'. Our holding does assuredly cre­ archaeological heritage preservation. ate a barrier to the importation of cultural property owned by a foreign government. We see no reason that property stolen from a foreign sovereign should Notes be treated any differently from property stolen from I. United States v. Schultz, 333 F.2d 393 (2d Cir. 2003). a foreign museum or private home. The mens rea The National Stolen Property Act is codified at 18 requirement of the NSPA will protect innocent art U.S.C. §§ 2314-15. dealers who unwittingly receive stolen goods, while 2. The factual and legal background of the case is pre­ our appropriately broad reading of the NSPA will sented in Peter Watson, The investigation of Frederick protect the property of sovereign nations. I:! Schultz, Culture Without Context 10, 21-6 (2002), and Patty Gerstenblith, United States v. Schultz, Culture The Schultz decision clarifies the law applicable Without Context 10,27-31 (2002). 3. Tokeley-Parry was convicted and served three years in the New York region and sets a precedent that in jail. R. v. Tokeley-Parry, [1999] Crim. L.R. 578. is likely to be persuasive to any American courts 4. Watson, supra note 2, at 24-6. that confront these issues in the future. Future 5. 178 F. Supp. 2d 445 (S.D.N.Y. 2002). legal cases will likely move away from argumen­ 6. 333 F.3d at 402. th tation concerning the underlying legal principles 7. 545 F.2d 988 (5 Cir. 1977). The United States is di­ vided into several federal circuits (or regions), each and focus more on the factual circumstances of with an appellate court. The decisions of one appel-

7 late cOllrt arc not directly binding 011 th e courts in oth er of cri mes than those contemplated by the common circuits, although th ey often carry persuasive author­ law'. 333 F.3d at 409- 10. In terms of the relat ionship ity. Wh il e the A4cC/ail1 decision is over 25 years o ld , between the CPIA and /vlcC/aill doctrine, it has fre­ the Second Circuit had not directly addressed whether quently been stated that enactment of th e C PIA these legal principles were binding in its region. Much precluded thc !vlcClaill court 's interpretatio n of th e of th e significance of the Schultz decision is that it is NSPA in rcliance on Senator Moynihan's view that pas­ now clear that the A4cCIaill doctrine applies in th e New sage of the C PIA was supposed to be linked to a York area. Only the Un ited States Supreme Court, compromise whi ch included amendment oflhe NS PA. which rej ected Schultz's petition to revie w thi s deci­ Thc court concluded that Scnator Moynihan's under­ sion, 147 L.Ed 2d 89 1 (2004), can bind all the fed eral standing and hi s attempts to amend the NSPA (which courts in th e United States. The Schultz court 's refer­ never succeeded) underscored th e fact that enactment ences to l\IIcClaiJl and an even earli er decision of th e oftlte CPIA did not affect the McCiaill interpretation Ninth Circuit located in California, Un ited States v. of the NS PA. Hollinshead, 495 F.2d 11 54 (9'" Cir. 1974), ind icate II. The court did affirm the jury in struction given by the that the regions with the most active markets in antiq­ trial court based on 'conscious avoidance'. Its evalua­ uities a re now c learly encompassed within the tion of the fo rm of the in structi on was affected by JvlcC/aill/Sclm/tz doctrine's interpretation of the Na­ procedural issues, but its affirmance of the use of a tional Stolen Property Act. conscious avoidance in struction is significant because 8. 19 U.S.c. §§ 260 I ef seq. The CPIA was th e means by it indicatcs that anyonc who avoids gain ing actual w hi c h the Un it ed States implement ed th e 1970 knowledge, because there was a hi gh probability that UNESCO Convention on th e Means of Prohibit ing and foreign law vests ownershi p of antiquities in the na­ Preventing the Illici t Import, Export and Transfer of ti on, may be subject to cri minal li ability. Ownersh ip of Cultura l Property. 12. 333 F. 3d at 4 1O. 9. S. Rep. No. 97-564, at 22 ( 1982). 10. The court also put 10 re st two other argument s ra ised by Schultz. The court rejected th e notion th at the defi­ P ATTY GERSTENBLITH nition of 'stolen' is restricted to the coml11 on la w DePaul University College of Law definition; rath er, the NS PA reaches 'a broader class Chicago

The Sch0yen Collection in Sch0yen turns down 110 million USD bid from 'Muslim country' Norway: demand for the In the wake of the media coverage (January to return of objects and March 2002) of the Sch0yen Coll ection it seemed that a sale was imminent. In retrospect, the im­ questions about Iraq pression of urgency seems to have been created as part of a campaign to persuade the Norwegian CHRISTOPHER PRESCOTT & ATLE OMLAND government to buy the coll ection. In the following year there was little men­ n issue II (autumn 2002) of Cu i/lire Wilholll tion of selling the collection. On March 29, 2003 I COll lexl we reported from the ongoing debate Dagells Ncerillgsliv announced that Sch0yen had concerning the Sch0yen Coll ection (Afghani­ received an offer of 110 million USD for the col­ stan's cultural heritage in Notwegian museums?). lection. Sch0yen declined to say who had made The Sch0yen Coll ection, named after its owner, the offer, simply stating it was a ' Muslim coun­ contains 12,500 manuscripts fro m the whole try '. When asked whether hi s actions were based world, spanning 5000 years of human history. Our on a concern for the Christian manuscripts he focus was on 1400 fragments, probably from said: Buddhist monastery libraries, for the most pari Yes, and all the oth er religions, too. I've put to­ smuggled out of A fghanistan during the Taliban geth er a coll ecti on that represents all th e world 's regime and sold in London. Since then there have religions and cultures precisely to create under­ been some interesting developments. standing across borders. In th e long tcrm one can

8 never know what will happen in the Muslim states. In August 1990 the UN imposed an e~­ (All translations by the authors) bargo on Iraq, and in May 2003 the UN Secunty Council reaffirmed its concern for Iraq's cultural He went on to state that a stable country, e.g. in heritage (resolution 1483) and requested mem­ the west or Japan, would be a suitable buyer, and ber states to assist in the return of illegally that he intends to sell while he still has his health. exported objects and implement legislation to He also says that he has received offers from mu­ counteract trade in such objects. The UN resolu­ seums in Europe. tion was followed up in Norwegian legislation through provisions of May 25, 2003 that state The Schsyen Collection under fire: that it is illegal to trade, export or import objects Egyptian demands . , when there is reasonable cause to believe they The Scheyen Collection returned to the medIa s were removed from Iraq after August 6, 1990. interest in the summer of 2003 in the wake of a According to police lawyer Hans Tore Heviske­ passage in an article in the Egyptian on-line news­ land, the trade in such objects after May 2003 is paper Al Haram (May 22-29 2003). The article punishable with imprisonment. was concerned with the Egyptian Supreme Coun­ In his comments on the article, Scheyen cil of Antiquities' success in securing the cannot positively rule out that the objects have repatriation of stolen objects to Egypt, and also turned up on the market in violation of the UN , ... set for retrieval, according to Hawass, are 17 embargo. Although admitting that both Christie's items from Norway ... '. This sent a number of and Sotheby's have been caught selling illegal Norwegian museums scrambling to deny that antiquities, and that provenience information is their Egyptian objects were stolen and that they, often inadequate and objects sold anonymously, anyway, would not return them voluntarily. Af­ he maintains that sales through renown auction ter a couple of days the Egyptian consul Dr houses should guarantee that everything is legal. Hesham Khalil clarified the matter in the Nor­ The Iraq material underlines the problematic na­ wegian newspaper Nationen (August 7, 2003): ture of Scheyen's collecting practices. This The Egyptian art treasures were in the Scheyen material should also warrant a more active stance Collection. 'We've been involved in this process from Norwegian authorities, at least to secure the for some time, and we've asked Scheyen to hand collection from being sold until the circumstances the objects back. He's refused, and asserted that around the collection can be ascertained. there is no legal foundation for the claim' . Khalil was also very clear in his statement about the The Afghan authorities get involved Norwegian authorities' handling of the case: In September 2003 the Afghan Minister of Cul­ The Norwegian authorities refused to help us last ture, Sayed Makhdoom Raheen, sent a letter to time. If you are set on not doing anything, you will the Norwegian minister, Valgerd Svarstad always be able to twist and tum and interpret trea­ Haugland, and asserted that the Buddhist manu­ ties ofthis kind [the UNIDROIT 1995 Convention] scripts from Afghanistan were illegally taken out so you do not have to do anything. It all depends on whether you actually want to do something. If of the country. According to the Afghan minister the Norwegian authorities want to assist, they can the manuscripts belong to Afghanistan, and he manage to do so. requested Norwegian cooperation and assistance to recover the manuscripts: Questions about the objects from Iraq In an article in the upcoming issue of In this regard, I should like to bring your attention Museumsnytt (4/5-2003), Leif Anker reports on 'Law on the Preservation of Historical and Cul­ tural Heritage' of Afghanistan. In its Article 1, the the status of certain Iraqi objects in the Scheyen law stipulates that 'the historical and cultural her­ Collection. Catalogues for a substantial part of itage of Afghanistan belongs to the people of the collection are not available to the public; how­ Afghanistan'. Article 2 defines cultural and histori­ ever Anker found several catalogue numbers, at cal heritage as 'any product of mankind, movable least one not publicly accessible, for objects from or immovable, which has an outstanding histori­ cal, scientific, cultural value and is at least one Iraq that were acquired after August 1990. hundred years old'. Thus, the Afghan authorities

9 consider the manuscripts as belonging to the peo­ fore have assumed it was simply a matter of time ple of Afghanistan. Knowing Norway's moral and before a formal request from Afghanistan arrived, legal commitment to the prevention of illicit traf­ fic of cultural property and to its return to the and expected the Norwegian authorities to have country of origin, I hope that your authorities will been more prepared. The Minister's secretary, inform Mr Martin Scheyen about our position, and Yngve Slettholm, said to Dagens Nreringsliv initiate a dialogue with him that would facilitate (Oct. 15,2003) that the ministry would look into the return of the manuscripts to Afghanistan. the matter, but he followed up by stating that the The claim for restitution of the manuscripts was government has neither formal nor indirect means of exerting influence. made known for the public in an article in the newspaper Dagens Nreringsliv (Oct. 15, 2003). All in all it is remarkable that the Norwe­ In this article Scheyen responds to the Afghan gian government remains so indifferent to the claim: grey trade in antiquities. This passive attitude projects an image of Norway as a haven for the Of course they had to have a go at it, but this criminal trade in cultural artefacts and a nation changes nothing. The manuscripts hardly have any indifferent to the destruction of archaeological ties to Afghanistan, apart from the fact that they sites outside of Norway. were found there. Most of them were written on Norway has one of the strictest national palm leafs in India - and as everyone knows there are no palms in Afghanistan. Furthermore, there antiquities legislations in the world, while inter­ was no Afghanistan when they were written. The national efforts to halt the damaging antiquities country has also changed religion from Buddhism trade has long been a priority among archaeolo­ to Islam. Buddhism isn't very relevant there gists and others concerned with the cultural anymore. heritage of humanity. It is therefore distressing to observe how politicians, administrators and organi­ Scheyen further argues that Afghanistan always zations who should be fundamentally committed has been embroiled in conflicts and the manu­ to stopping the illicit trade in antiquities and the scripts will not be safe there. To justify his destruction of sites, either remain passive or fall ownership of the manuscripts Scheyen also re­ for temptation and seek to purchase objects with fers to a legal loophole concerning the UNESCO a dubious provenience. Norwegian museums and 1970 Convention: ' ... Norway [was] not a mem­ authorities have seldom been seriously involved ber when the manuscripts were rescued out of in questions concerning the illicit international Afghanistan' . trade, and it is sad to see their response when put Given the coverage the Scheyen Collection to the test. has received in the course of the last two years, Scheyen has had ample opportunity to come forth Resolving the issue in the near future with a credible explanation of how the manu­ Much of the defence for Scheyen's collecting scripts were 'found' in Afghanistan and later came practice seeks to create the impression tha~ the to be bought by him in London. In light of this, issue is pragmatically about whether the objects his response to the Afghan request can be inter­ should be immediately shipped back to Afghani­ preted as admission that he is not the rightful stan or kept safely in Norway. This is a gross owner. distortion of the argument. Any solutions should be based on two premises. The first is that The Norwegian ministry's response Scheyen has not demonstrated that he is the right­ In October 2003, when Afghanistan'S letter be­ ful owner, and therefore it should now be came publicly known, the Norwegian Ministry acknowledged that the Afghan authorities are the of Culture seemed slightly taken aback by the proper owners. From this it follows that Sch~yen request. This is surprising since the ownership has no right to trade in the Afghan manuscnpts, and a return of the Buddhist manuscripts has been and he should not be allowed to do so. The manu­ debated in the press for two years, and the Egyp­ scripts should be returned to Afghanistan when tians stated in August that they would demand conditions permit. the return of Egyptian objects. One would there- The second perspective is based on the fact

10 that conditions in today's Afghanistan do not have the collection in their index. Parts of the warrant the return of the manuscripts. It there­ collection are reportedly stored at the Library. The fore follows that the manuscripts should be University of Oslo is involved through employ­ deposited at an institution that can guarantee their ees who seem to be working for the Scheyen safekeeping. The Scheyen Collection is for ob­ Collection through a semi-private institute 'The vious reasons not a candidate. Indeed, in light of Norwegian Institute of Paleography and Histori­ the unethical and curious positions taken by Nor­ cal Philology (PHI)'. This institute rents facilities wegian bureaucrats, politicians and museum from the Norwegian Academy of Science and leaders, the manuscripts cannot be deposited in Letters. The Centre for Advanced Study has pre­ that country without raising suspicions about the viously hosted research projects on the Buddhist motives. manuscripts from Afghanistan. The centre was The only satisfactory intermediate solution established by the Academy and the Council for is that an UNESCO-designated institution takes Universities and Colleges and is inter alia funded on the responsibility of looking after the manu­ by the government, the Universities, the Acad­ scripts until they can be returned to Afghanistan. emy, and the Research Council of Norway. For the sake of Norway and Scheyen's reputa­ According to a press release from the National tion this process should be initiated by a voluntary Library I the University of Oslo hosts six major donation of the manuscripts by Scheyen. This research projects dealing with materials from the turn in the Scheyen case - a return of the manu­ Scheyen Collection. scripts that does not involve more financial Although we do not necessarily believe that transactions - might make a positive contribu­ the material in the Scheyen Collection should be tion to the international campaign against the put in 'quarantine', the ethical and political ques­ destruction of archaeological sites and the theft tions concerning the collection are serious enough of artefacts. to warrant a conscious attitude from the involved institutions, if for no other reason than out of Ethical dilemmas for museums and concern for their own reputations. Combating the researchers looting, smuggling and trade driven by a greedy Although professor Jens Braarvig, the primary antiquities market that leads to large-scale de­ specialist on the manuscripts in the Scheyen struction of our common cultural heritage should Collection, has previously stated that ethics, le­ be a major priority for all cultural and academic gal issues and questions of ownership do not institutions. A necessary measure in restricting concern him (Museumsnytt 1-2002), the initial the market side is to implement strict guidelines enthusiasm for acquiring the collection, seems - and force institutions to follow them.2 to have cooled among others. Directors at the We hope the involved Norwegian institu­ National Library have confirmed the library's tions carefully consider their responsibilities - commitment to uphold international agreements, and in all decency: Shouldn't the authorities in and explicitly stated that the Scheyen Collection Afghanistan be consulted before any agreement is private and has nothing to do with the Library is made? (Musemsnytt 1-2002). In a recent radio debate the director of the University Museum of Cul­ CHRISTOPHER PRESCOTT & ATLE OMLAND tural Heritage, Oslo, Egil Mikkelsen, now stated Department of Archaeology, History of Art and that the museum would have to implement in­ Conservation vestigations before considering acquiring the University of Oslo Norway Scooyen Collection. In light of this, both the National Library Notes and the University of Oslo seem to be in conflict I. http://www.nb.no/html/pressemelding_schoyen.html. with themselves. The National Library has issued 2. See Colin Renfrew at http://www.dailypennsylvanian. press statements about their involvement, have com/vnews/display. viART 12003/10/2213 f962db 730 developed and run the collection's web site, and a27).

11 In the News (along with two other house doors), having been forced open. Originals will be moved JENNY DOOLE to secure museums for safekeeping.

News from Italy In October, 2700 Roman coins (discovered in 1998 in Piazza Risorgimento) were sto­ It is hoped that an amnesty system being len from the Trinci Palace in Foligno. It is introduced in Italy may help authorities possible that the robbers disamled an alarm trace thousands of works of art, including system. objects stolen from public sites. Those hand­ ing over illegal items may be allowed to keep them in return for public access ar­ rangements. Future law breakers face jail Call for UK action sentences of up to six years. Suffolk farmer, John Browning, has call ed on July: Fol lowing clues obtained during a rob­ police, local magistrates, and English Herit­ bery of hi storic frescoes from a Rome hotel age to provide protection for archaeological in October 200 I, Italian police have now sites from illegal metal detecting. He told carried out around 20 searches which have Minerva magazine (July/Aug 2003) that uncovered about 100 archaeological items nighthawks had dug hi s land (the scheduled stolen from Cerveteri, Marino, Zagarolo, ancient site of Icklingham, from which 16 Bari, Bitonto and Padua. Romano-British bronzes were looted in 1982) eight times over several weeks, and destroy • A preliminalY hearing will be held by the £2000- 3000 worth of harvest a year, but re­ Public Prosecution Service in Italy in De­ ceive only low fines from courts when caught. cember, to decide whether to proceed with Browning would like to see English Heritage legal action against Marion True, formerly excavate and study the archaeology that re­ curator of antiquities at the J Paul Getty Mu­ maIns. seum , Los Angeles. It is alleged that Dr True bought approximately 30 items for the mu­ seum knowing that they had been consigned by Italian dealer Giacomo Medici. Medici Egyptian round up has been under investigation since Italian police seized a hoard of antiquities in his The Egyptian Sup"eme Council of Antiq­ possession at Geneva Freeport in 1997 (See uities is working to create a WWW site ewe Issue 2, Spring 1998). which will publish photographs and details of objects known to have been smuggled Officials at the Roman si te of Pompeii in abroad or recovered. Italy plan eventually to ' remove everything that is not nailed down and replace them Mohamed Abdul-Maksoud, general manager with good copies' (The Telegraph , 16 No­ of the Lower Egypt Antiquities Department, vember 2003) in an effort to protect the will lead a committee pursuing possible le­ archaeology from thieves apparently oper­ gal actions to secure the retum of objects. ating from Naples. The scheme, already Abdel Karim Abu Shanab, who was appointed underway, follows a series of thefts, the to this task last year was arrested in JanuaJY, most recent involving removal ofthe stone­ charged with allegedly accepting bribes from work of a first-century well , weighing 150 a dealer smuggling material to Spain (see In Ib s from an ancient house, its entrance The News ewe, Issue 12) .

12 September: The Italian Foreign Ministry Agriculture Ministry employees were ar­ returned to the Egyptian Supreme Coun­ rested in October for tty ing to sell a mummy, cil of Antiquities seven pharaonic statues which they are beli eved to have illicitly discovered in the home of a woman in excavated from Beni Suef, south of Cairo. southern Italy, who failed to prove legal pos­ They were trapped by an undercover officer sesS IOn . posing as a dealer.

• In August, a court in Alexandria jailed 14 people, including two police officers and French architect Stephane Rousseau, for Israeli collector under between 2 and 10 years for smuggling more suspicion than 300 antiquities from Egypt. Rousseau, who worked for the French archaeological It was reported in Archaeology magazine (Sep­ mission, was arrested at Alexandria airport tember/October issue) that in March Israeli in possession of 144 coins and a number of collector Oded Golan was arrested on sus­ ushabti figurines which he claims he bought picion of forg ing the inscription on a contro­ thinking they were modern copies. versial ossuary alleged to have held the remains of James, brother of Jesus, and of fab­ I n September, Switzerland agreed to sup­ ricating fro m scratch an inscribed tablet re­ ply Egyptian authorities with details of ferring to the ninth-century Be King Jehoash. artefacts, in cluding 280 statues, masks and Police were said to have found engraving tools 2 mummies, found at Geneva Freeport. and partly forged objects in his possession, Swiss and Egyptian police are working to­ althou'='<1 h Golan himself in Biblical Archaeo- gether on a criminal enquiry into a number logical Review (September/October issue) said of people, including Tarek AI-Sweisi (a sen­ the claims made against him were 'ridiculous'. ior official now expell ed from the ruling The ossuary and tablet were declared fake in National Democratic Party), thought to have June after investigation by a panel of expert carri ed out ill egal excavations at several epigraphers and material scientists appointed sites, culminating in th e alleged smuggling by the Israel Antiquities Authority under or­ and sale of large numbers of artefacts. Some der from th e Israeli Ministry of Culture. The were said to have been smuggled from Swit­ moti ve for faking objects is be lieved to be zerland to France. Prosecutors said that monetary gain , since th e ossuary was once fi fteen Egyptians and one Lebanese citi zen va lued at $ 1- 2 million. have been arrested, and twelve others are sought, including two Swiss, two Germans, a Canad ian and a Kenyan. Customs offi­ cials, seni or police officers and Supreme Iraqi update Counc il of Antiquities employees from the Luxor region have also been al1"ested in con­ • Col Matthew Bogdanos, responsible for US nection w ith the case. Swiss authorities have investigations into looting of the National been asked to freeze suspects' bank ac­ Museum, Baghdad, reported in July that: counts. o The most likely markets for looted Iraq A committee of Egyptian archaeolo­ antiquities were the UK and USA, but that gists has been appointed to maintain and Italy, Russia, Japan, Jordan and Syri a restore the obj ects and a judicial committee mi ght also feature in investi gations. was expected to receive them fro m Swiss o When identified, couriers would be al­ authorities in November. lowed to deli ver illi cit antiquities then 'squeezed for their sources' as in drugs • A senior Egyptian official and six fellow investi gati ons.

13 damaged and two storage rooms looted.

Seizures of looted Ir'aqi material have been reported although published details are often sketchy: o May: Fawwaz Khreisha, Director Gen­ eral of the Antiquities Departme nt, Jordan, said that 163 ethnographic and archaeological artefacts from Traq had been seized. o June: The Warka Vase was anonymously returned to the National Museum, Bagh­ dad, amid speculation that itwas too 'hot' to di spose of. o Also in June, Kurdish security forces arrested three Traqi men for allegedly try­ ing to sell 28 objects from the National Museum. They were released without charge after three days' detention and one expressed the hope that the stolen items --- -- . '" would be returned to the mu seum. o JuLy: Jordanian customs officials seized 40 smuggled Traqi antiquities, including

Looting with a bulldozer at the Partho·Sassanian site Sumerian statues and artefacts at the of al Assaya. southeast of Najar. Iraq. (Photographs: Karama border crossing. Helen McDonald.) o July: Ancient Sumerian artefacts (includ­ ing figurines, a skull and a clay bowl), o Losses from the museum are now esti­ wrapped in towels in a rice bag, were mated at around 13 ,000 obj ects, confiscated by US troops from a sus­ including: 30 objects from di spl ay cases, pected smuggler, as were 12 pieces from 169 from restoration stores, 236 from the National Museum. They were discov­ Heritage Room, 2703 from the old store­ ered alongside automatic weapons, room and 9666 small items from grenades and several thousand dollars basement storerooms (cylinder seals, jew­ worth of Iraqi currency. Two potential ellery, and pottery - believed to have buyers were atTested. been taken in an inside job during which o August: US writer Joseph Braude (au­ thieves dropped their keys, curtailing thor of The New Iraq: Rebuilding the their raid). Co untl)' for its People. the Middle East al/d th e World) was arrested by customs • Damage to, and losses from, other muse­ officials in New York carrying three cyl­ ums in Iraq was still being assessed in June. inde r seals with National Museum o At least 34 artefacts are mi ssing from inventory numbers, apparently purchased Mosul Museum, including 30 bronze in Baghdad for $200. panels fro m the Assyrian city ofBalawat, o Unpublicized confiscation (probably in ripped from a replica gate and three June), believed to comprise more than cuneiform tablets from Khorsabad, (at­ 600 small artefacts, including cylinder tached to museum walls with clamps seals and jewellery, believed to be from which were removed using heavy duty raided basement stores in Iraq museum. equipment). Many more pi eces were Thought to have passed through London.

14 o [n September, the Warka Mask, one of the most high-profil e objects stolen in the April looting of the National Museum, was found by US troops, buried in a field ,. outside the city following a tip-off to museum staff. The investi gation led first to a youngster, then an older man and fi­ nally the culprit and involved weeks of '. ' " . -- . ~.: :.~ ". negotiati ons. It is believed that the mask " . !', '

Experts have expressed increasing concern about looting of archaeological sites in Iraq. o Donny George, director of research for Iraq State Board of Antiquities, says armed thi eves have been looting dozens of partially excavated ancient sites in southern Iraq for months and selling off Looted Partho-Sassanian cemetery, southeast of untold quantities of archaeological ma- Naja!, Iraq. (Photographs: Helen McDonald.)

/5 terial. (Agence France-Press via ClariNet Museum ethics 29 September 2003) o McGuire Gibson ofthe University of Chi­ The ethical dilemmas of displaying and pub­ cago said the international market for li shing unprovenanced antiquities were Mesopotamian antiquities is booming discussed in an article by Martin Gottlieb while some sites will be so badly de­ and Barry Meier in The New York Times (2 stroyed archaeologists will not go back August 2003), who used examples from the to them. Metropolitan Museum of Art's exhibition, Art of the First Cities: The Third Millell­ • Cultural experts from the Netherlands, op­ Ilium IJ C fi'om the Mediterralleall to the erating as part of the Dutch mission illdus, to highlight issues. In particular they currently administering al-Muthanna investigated the history of a limestone frag­ province in southern I raq, are expected ment, with a rare depiction of Akkadian to put forward recommendations for pro­ king Naram-Sin seated beside Ishtar, which tection of the important Sumerian site of was di scovered (and later published) by ar­ Uruk to the Dutch Ministry of Defence. chaeologist Donald P. Hansen in Jonathan Outgoing US forces, who occupied th e P. Rosen's extensive collection of Near province until August, did not list protec­ Eastern antiquities. Rosen refused to answer tion ofUruk as a responsibility and the fact any queries about the stone or about two that the site has not been plundered like so other unprovenanced items lent to the Met­ many others in the area is thanks to the ef­ ropolitan. His lawyer, Harold M. Grunfeld, forts of a local Bedouin family who have told the authors hi s client never talked pub­ been guarding it, despite lack of water and licly about hi s collection and that the items transport (Art Newspaper November 2003). had been bought via 'highly reputable delliers in Europe', adding that as a lawyer • Pietro Cordone, senior advisor for culture he was satisfied with their provenance and to the Coalition Provisional Authority legality. No answers were forthcoming re­ (CPA) in Iraq, reports in The Art Newspa­ garding dates of purchase or ownership per (Oct 2003) that the CPA is presently histories. Philippe de Montebello, director unable to do much to protect important of the Metropolitan, argues that the museum archaeological sites from looting. Helicop­ is obligated to ' put these objects forward' ter surveillance and patrols by US armoured but said that stricter rules were applied to vehicles have been instigated at around 40 acquisitions than to loans. sites, but looters simply wait for patrols to move on. • Reporting on the success of June antiqui­ In the city of Baghdad itself, he has re­ ties sales in Europe, Antiques Trade Gazette lied on appeals by religious leaders to (16 August 2003) remarks that the Metro­ encourage looters to return material stolen politan 's First Cities exhibition has from the museum, while museum staff and encouraged a 'surge of interest' in pieces US personnel discreetly search flea mar­ from Bactria, Baluchistan and other areas kets, shops and galleries. classified as ' Western Asiatic'.

• December: 820 objects, mainly cylinder • Meanwhile, David D' Arcy, in the Art News­ seals, were returned to Baghdad by the lraqi­ paper, scrutinizes the significant tax Italian Institute ofArchaeological Sciences. deduction (based on current market values) Jonathan Rosen allegedly accrued when he donated 1500 cunei form tablets, assumed to be Iraqi in origin, to the Department of Near Eastern Studies at Cornell University

16 in Ithaca, New York. Yale University was those responsible and much of the site has said to have declined them because of the now been covered in rocks to discourage lack of published provenance. further attacks.

Experts believe that looting of Native American sites like Chaco Park and Mesa Return to Nepal Verde has increased markedly over the last couple of years. They blame increasing In an October ceremony in Kathmandu, the numbers of visitors compared to decreas­ Austrian government returned to Nepal a ing numbers of staff, sharing of information 400-year-old, one-metre tall, bronze and about archaeological sites, particularly via copper mask ofDipankar Buddha, which had the Internet, and the potentially handsome disappeared from an office in Lalitpur district, prices that looted antiquities will raise (be­ south of the city, two years ago. A German tween $5- 500 for more than 600 artefacts, citizen had tried to sell the mask to an Aus­ such as arrowheads, beads and pottery on trian museum for $200,000, but museum staff Ebay) on the market (VOA news, 10 Sep­ contacted the authorities. Nepalese archaeol­ tember 2003). ogy department officials admit they have no inventory of existing antiquities in the coun­ Federal agents in Phoenix, Arizona are in­ try or those which have been smuggled out, vestigating how a large boulder carved with although photographs and police reports were ancient petroglyphs, which they believe available in this case. One heritage profes­ was stolen from the Lake Pleasant area, sional alleged that the mask had been stolen came to be under a tree in the garden of Eric by locals, sold by Nepalese middlemen and Zoller's Phoenix home. Zoller claims he exported with the help of government officials, was given the rock by a person he helped in since it had proper export documentation from a road breakdown, but will not name them. the Department of Archaeology. No arrests The Bureau of Land Management said the have been made. agency is looking into the case as a possi­ ble violation of the 1979 Archaeological Resources Protection Act (ARPA). Fonr 01' five violations of ARPA were Looting in the USA investigated from the US Attorney's Office in Phoenix in 2002. Looting is a paIticular • Between early spring and mid-June, loot­ problem in Arizona because land is open and ers struck at the remote BA Cave not obscured by vegetation, and whole sites Rockshelter, Black Mountains, Wyo­ have been destroyed. The problem will grow ming. Archaeologist Mike Bies said the worse as cities expand closer to public lands. robbers removed as much or more dirt than his archaeological project had in 10 years, and estimated that the damage could have been done in a single day, depending on how Afghan finds many people were involved. Site reference markers were destroyed and a 970-year-old One of the greatest archaeological treasures hearth dug through. Cost of reparation and of Afghanistan, the Bactrian hoard (exca­ repairs is estimated at a minimum $1.9 mil­ vated in 1978 by Soviet archaeologist Viktor lion, and of lost artefacts (for which there Ivanovich Sarianidi at Tilya Tepe), over the is a thriving black market) at $4. 8 million. years said variously to have been sent to A $20,000 reward is offered for informa­ Moscow, taken by corrupt officials, stolen tion leading to the arrest and conviction of by thieves or destroyed by the Taliban, has

17 now been found safe. In addition, impor­ million, a 1600-year-old painting on ivory tant pieces from the coll ections of Ka bul of a nude woman surrounded by serva nts. Museum, previously believed to have been He beli eves Afghanistan is presently at 'one looted, have been di scovered. The obj ects of the worst stages of our hi story in terms were packed in trunks and moved to the of historic artefacts' (Pakistan Tribune, May vaults under the presidential pal ace for sa Fe­ 22,2003). keeping under the orders of president Dr Najibullah in 1989, as the security situati on • Omar Khan Musudi of the Nati onal Mu­ in Afghani stan worsened. sellin, Kabul, sa id in June that more than Staff at the British Museum said they 400 artefacts have been seized from loot­ would be delighted to help in identify ing ers but many more have been smuggled to and cataloguing obj ects, while the National Pa kista n. He called fo r in terna ti ona l Geographic Society and the Musee Guimet peacekeepers to extend their mi ssions be­ in Pari s have expressed their interest in ar­ yond Ka bul. ranging touring exhibitions of the Bactrian gold treasure.

• Foll owin g reports in Le Temps ( 17 Oct Chinese news 2003) that an anonymous antiquities expert has seen parts of the Bamiyan Buddhas • June: Li Haitao, head of security at the (bl own up in 200 I by the Taliban) in a ware­ Waibamiao museum complex, Chengde is house in Geneva Freeport, Afghani stan's said by Chinese police to be responsibl e for culture ministlY has requested that they be th e theft of 158 artefacts, which he re­ retuJl1ed to Afghani stan as soon as possible. moved in sacks, one at a ti me. Some were sold on the bl ack market (and subsequently • Osmund Bopearachi , a French expert, was appeared in the salerooms of Chri sti e's, shown in London a Bronze Age bowl Hong Kong), others were found in hi s home, which a pri vate collector had bought in good whi ch police said looked li ke a museum. fa ith but was in fac t stolen from Kabul. It is now hoped that it will be di splayed by agree­ • September: Two men, Huang Xiaojun and ment between the archaeological museum Li Meisheng, were executed for robbing in Lattes, near Montpelier, and UNESCO, three tombs belonging to a national museum until it can be returned. in Guo, Henan province. They sold obj ects from the tombs for $72,000 to Hou Jinhai, • Scotland Yard have seized several hoards who is on the run. of recently excavated illicit antiquities from Afghani stan, includin g stone sculptures, At an October confe rence on protecti on ofc ul­ bronzes and terracottas possibl y fro m tem­ tura l heritage, Shan Jixiang, director of the ple sites. State Administration ofC ultural Heri tage said: o Since 1998, eight cases have been un­ • Police in Afghanistan have recovered seven covered in volving severa l museum cl ay Buddha heads illegally excavated in workers and 268 smuggled antiquities. Logar province, probabl y from the 19- o Stone sculptures and obj ects in temples square-mile site o f Kh arwar whi ch has are particula rly vulnerable since they never been scientificall y excavated. are widely scattered in unprotected and sometimes rural locations. • Sayed Ra heen, Informati on and Culture o Thieves are moti vated by big profits and Minister, said that smugglers recently con­ increasingly employ modern communi­ tacted hi m offering, fo r the price of $1 cation and transpor tation equipment.

18 o In 200 I, police arrested 20 looters in • 279 Pre-Columbian artefacts, smuggled Sanmenxia Gorge, Henan Province, into the US by Ohio businessman Douglas who had dug a 400-metre-Iong, 1.2-me­ Hall and Guatemalan accomplice Tulio tre-deep and. 70-metre-wide tunnel into MontelToso Bonilla, were returned to Hon­ an ancient tomb. duras in September. Hall was convicted in June 2002 and sentenced to 18 months in prison and a fine, Monterroso Bonilla pleaded gui lty in August 2002. Hall had Yemeni antiquities identified bought the Mayan figurines, bowls and pot­ and returned tery, for $ 11 ,000 in 1998 and shipped them to Miami with a declared va lue of $37 for • A third-centuty alabaster plaque, depict­ sale in the shop he co-owned. ing Dat-Hamim, goddess of fertility and estimated to be worth $20-30,000 was with­ 146 small Mayan artefacts were returned drawn from sale at Sotheby's New Yo rk, to Guatemala from the USA in November. when a member oftheir staff recognized the They were seized from a Spanish citizen, trav­ piece in a 1977 publication. It had been sto­ elling from Guatemala to Spain, when he len from the Aden Museum in Yemen during stopped in Houston. He had claimed they were civi l unrest between 9- 11 July 1994, and worthless replicas and was not charged. was consigned for sale by Phoenix Ancient Art of Switzerland. Following a request • A Mayan altar was saved from looters by for help from Yemeni officials, the US fed­ local vi llagers, police, and archaeologists in eral government has seized the plaque and Guatemala, in October. paper have been filed in US District Court The 600 lb altar, carved with hiero­ in Manhattan in order to arrange a return. glyphs and with a depiction of Mayan king Taj Chan Ahk Ah Kalomte, was uncovered • In July, three statues (two ofa man, one of during heavy rain in the ruins of Cancuen a lion on a pedestal inscribed with archaic and stolen by looters who tried to sell it to southern Arabic) were returned from Jor­ local drug traffickers. It then became an dan to Yemen. They were confiscated in object of dispute and violence between 2000 by authorities at Queen Alia Interna­ members of the gang and their rivals, and tional Ai rport from the luggage ofa Yemeni was evenulally sold on the border with Be­ national en route for Europe where it is pre­ lize (the location of potentially lucrative sumed the pieces wou ld have been so ld . antiquities markets). Villagers and archae­ ologists, including Arthur A. Demarest of Vanderbilt University, director of excava­ tions at the site, spent six months tracking Pre-Columbian artefacts: the looters, four of whom were alTested by returns and rescues Guatemalan undercover agents when the altar was finally recovered buried under­ ground, about 18 miles from Cancuen. • June: Christie's Paris broke new ground Police believe this may be the first time when they auctioned 186 lots of Pre­ an entire chain of looters and dealers of Columbian material, hoping to capitali ze Mayan artefacts has been exposed. on interest generated by the opening of the Musee du Quai Branly. A storm of protest September: 74-year-old Taddeo Barchitta erupted in Colombia when the French Gov­ pleaded guilty in a Virginia federal court ernment paid out €228,250 for a gold to a charge of selling illegally-exported Tairona pendant. Peruvian artefacts, ranging in date from AD

19 800 to AD 1400. He was arrested after US Authorities believe the area between Dion, Customs had mounted an undercover op­ Vergina and Pella, is now being system­ eration. atically searched by looters using metal detectors as illicit activity has shifted from the Cyclades in the 1960s, to less exploited sites in the north. Turkish seizure • When material is illegally excavated it is Turkish financial branch police, acting on photographed, reburied in caches and the information that ancient artefacts were being photographs sent to middlemen who ap­ hidden in a house in Istanbul, seized around proach potential foreign buyers. 212 Hittite, Roman and Seljuk artefacts (thought to be W0I1h $2 million), probably sto­ • Dimitris Grammenos, director of Thessa­ len from the area of Van. One person was taken loniki Archaeological Museum, said that into custody, while a businessman was men­ illicit trade in archaeological mate,'ial tioned as ringleader in connection with the sustains entire villages in this pa11 of north­ case. ern Greece.

• A police department recently set up spe­ cifically to deal with illicit antiquities issues Greek developments is not in touch with parallel departments in other Mediterranean countries . • A fanner from Apsalos, northern Greece was re-arrested when on bail after he bur­ ied artefacts police had not previously discovered. He was arrested first time round African initiatives for possession of around 2000 illicit antiq­ uities of neolithic through to Byzantine • In June the government of Angola began dates found hidden in his home, his farm­ investigations into the theft of objects from land and a disused railway depot. After his the local museum of Dundo, northeastern release, police kept Nikos Angelidis under Lunda-Norte province, which holds ar­ survei Ilance and in renewed searches found chaeological and palaeontological artefacts. a further 5900 ancient coins, as well as The deputy culture minister was also ex­ 2000 a,·tefacts, including jewels, tool and pected to check organization of the cultural figurines, in the farm's cesspit. Police be­ sector in the area. lieve many were destined for sale abroad. • Barth Opoku Acheampong, Public Rela­ A 78-year-old resident of Thessaloniki, tions Officer for the Museums and n011hern Greece, identified only as v.I. was Monuments Board of Ghana called on the released due to health problems after being government enable the Board to send staff charged with illegally trading in antiqui­ to check for illicit trafficking of cultural ties. Dozens of ancient artefacts from heritage over national border points by Hellenisti c, Roman and Byzantine periods handicraft exporters. Such checks were were found in hi s country home. stopped in 1997 because the Ghana Export Promotion COlmcil believed they were ham­ This, and other recent seizures of illicit antiq­ pering export activity. uities from the area highlight disturbing trends and developments (The Art Newspa­ per, September 2003):

20 Important Indian arrest with directors of archaeological museums and other law enforcement officials, he was Antony Barnett, reports in the Observer (6 July moved to a different department. The alle­ 2003) that the June arrest of rich and power­ gations have been denied. ful Indian antiquities dealer Vaman Ghiya In September 2002 Getov said that po­ may result in an international police inves­ li ce believed around 200,000 to 300,000 tigation into dealings at Sotheby's. The arrest people in Bulgaria are involved in illegal followed a six-month investigation, Operation trading in architectural and historical arte­ Blackhole, in which undercover Jlolice pos­ facts and fell into three main groups: treasure ing as beggars and rickshaw drivers outside hunters, who dig for loot; middlemen, buying unguarded Indian temples arrested four men directly from the looters; and 20- 30 large­ stealing ancient idols. Police believe thieves scale dealers running the smuggling opera­ like these would routinely steal from un­ tions and supplying international collectors. guarded temples, Ghiya would buy the items through middlemen, label them as handicrafts President Vladimir Putin is backing a pro­ and smuggle them abroad through companies posal by Mikhail Piotrovsky, director of in Mumbai, Delhi and also allegedly launder­ Russia's State Hermitage Museum for the ing them tlu'ough sale and resale by companies creation of a federal archaeological pro­ in Zurich. tection service. Piotrovsky says the illegal During a search of Ghiya's home many sale and export of cultural artefacts is a Sotheby's catalogues were discovered and it growing problem in Russia. is alleged that he received commissions from the auction house, paid from accounts of dif­ ferent names. Sotheby's admitted to dealing with Ghi ya in the past, but say they have had Jomon theft no dealings in recent years and were 'una­ ware' of payment of commission. June: A 20-centimetre-tall Jomon bowl was A twelfth-century sandstone sculpture stolen from an open-topped display case in offered for sale at Sotheby's in New York for the Fujimi Municipal Mizuko Kaizuka Mu­ $35,000 in September 2002 had been reported sellin by a visitor, during opening hours. The stolen from Vilasgarh temple in September thief rearranged the order of nine other pieces 1999. Police say Ghi ya purchased it for I mil­ in the display to disguise the loss. li on rupees (£ 13,000) and smuggled it out of the country. Police are also said to have identified in Sotheby's catalogues dating from 1997- 9, four New York sale postponed more objects, stolen from Taneshwar temple, Udaipur in the 1960s but unconnected with An auction of 2000-year-old antiquities in­ Ghiya. cluding C hinese porcelain and pottery retrieved from a shipwreck off the coast of the Philippines, to be held at Guernsey's in New York has been postponed due to an investi­ Eastern European concerns gation into whether salvager Phil Greco had the right to excavate the site. Greco main­ Bulgaria: After allegations on Darik Radio tains that his company, Stallion Salvage, had that Georgi Getov, head of the national po­ legal permission from the Philippine National li ce department for crimes relating to Museum to carry out the excavation and that historic and cultural artefacts, was involved objections to the sa le are not due to criticism in illegal export of antiquities in collusion of his excavation techniques, but rather the re-

21 suit ofj ealousy of the money he will reap fro m partment of Archaeology guards in Septem­ the sale (The Mercw y News, 5 August 2003). ber. Police bel ieve at least six people woul d The National Museum denied that Greco had have been needed to lift the 200 kg statue from been given permission to excavate and de­ the site of Pahnigi ri , Nolgonda Di stri ct, and manded that the porcelain be retumed. that about a dozen people must have been in­ vo lved, possibly with insider collusion. EffoliS are now being made to "emove other antiq­ uities from the site to safer locations. Vietnamese antiquities in danger

• Archaeologists, previously deni ed permi s­ Asian report: Cambodia and sion to excavate shipwrecks off the coast looting of Chinese royal tomb because of worries about inadequate tech­ nology and experti se, have now begun a In a detailed report on looting in Asia (Tillie salvage p"ogramme, since local fi shermen Asia, October), Hannah Beech uncovers many have been looting the wrecks. interesting facts, including: Five shipwrecks have been salvaged yielding tens of thousands of ceramic and Cambodia: procelain pi eces and providing information • Ea rl y in 2003, Michel Tranet ofCambodia's on the strategic importance of Vi etnam wa­ Ministry of Culture and Fine Arts, stopped ters for international trade ro utes. a Frenchman from bribing Cambodian customs officials to let him leave the coun­ • Meanwhil e, authoriti es are also strugglin g try with an eighteenth-century Buddha to stem looting on the gound: stolen from a pagoda in Posat Province. o June and July saw a rash of thefts of stat­ • Ta net sees smuggling via foreign diplo­ ues and antiquities from Buddhist pagodas mats as a constant threat, especiall y alleged in Ban G iang. smuggling by one particularl y powerfu l o On 24 Jul y six 300-year-old statues were Western diplomat. removed from Duc La pagoda, east of • In March looters reached the remotc jun­ Hanoi. Thieves left two statues at the gate gle site of Kbal Spean where rocks are because their lo rry was already over­ carved with eleventh -century bas reli ef. loaded. They used electric saws to remove the faces o In July, seven large statues were stolen of Vi shnu (estimated initial selling price in from 400-year-old Quang Thuong pa­ Bangkok, $50,000) and Lakshmi (which goda, while two other pagodas in Ban shattered while being removed, the remain s Giang were burgled earlier in the yea r. were fou nd nearby). No arrests have been o Customs officials reported that around made. 7000 antiques and antiquities are seized • The country's chaotic political history and fro m potential smugglers at Vietnamese current climate, corruption and bribery and border points every year. severe lack of resources and trained staff are highli ghted.

Chilla: Indian Buddha theft • The Chin ese National Cultural Re li cs bu­ rea u says that over the past five years at least An important Buddha sculpture was found 200,000 ancient tombs have been broken to be missing during a routine check by Oe- into.

22 Beech recounts the advent1lfe oftomb raider Sources: Feng who, for $45 payment, with his uncle and another villager, over a few nights, AGI online broke into and looted a Tang dynasty tomb Al Arab AI Yawm of five terracotta animals (worth about all africa. com $10,000 in the West). Antiques Trade Gazelle Middlemen and dealers are rarely caught Archaeology magazine and prosecuted while looters pay a heavy The Arizona Republic price. Feng says one fellow raider who was The Art Newspaper executed made $70, while the statue he stole Associated Press resold for $18,000 in New York. BBCNews Biblical Archaeology Review The looting ofthe tomb of Empress Dou near Casper Star Tribune Xi'an city is described. China Daily • Five villagers (paid $60 or more for a night's ClariNews work), used crude digging and probing tools Deutsche Presse-Agentur to locate the tomb and dynamite to break DigitalJ ournal.com In. Egyptian State Infonnation Service • When they were arrested the tomb was left Exploration poorly protected and soon looted of at least The Guardian 200 valuable items including terracotta fig­ The Hinw/ayan Times ures like one of a painted female worth Inter Press Service news agency about $80,000 in a Western saleroom. Jordan Times • In February 2002, local dealer Wang Kantipur Online Cangyan was arrested having shipped the Kathimerini 32 figurines to Hong Kong, hidden in trucks Kurdmedia.com of modern ceramics. He is currently serv­ Le Temps ing a reduced jail sentence for co-operating Mainichi Daily News with authorities, while the figurines were Middle East Times returned from a Hong Kong dealer in re­ Minerva magazine turn for keeping his identity secret. MSN news Other figurines from the Empress Dou's The MercUlY News tomb believed by police to have reached New Scientist.com New York via Switzerland within a month The New York Times of the theft, were offered for sale at News.com.au Sotheby's in March 2002 as 'the property The Observer of various owners'. Diana Phillips, spokes­ Pakistan Tribune person for Sotheby's said the auction house Peoples Daily, China had a written warranty of good title from Radio Free Europe the owners, and the pieces were not recorded Reuters as stolen in the Art Loss Register. They were Sify eventually pulled 20 minutes before the sale Sofia Echo following a written request from the Chi­ SwissInfo nese ambassador. The Telegraph The statues were returned to China in a June TillIe Asia ceremony and are now on display in a Xi'an The Times o/India museum. Vanderbilt University Voice of America Zaman

23 The Battle for the Past particularisms of national regulations, but were unable to foil the private appropri ation of the coll ective patrimony. The miss in g antiquities EDWARD KROWITZ columns of this newsletter are an eloquent testi­ mony to that sad fact. 2 reasonable assessment ofthe health of the The simple faith in nations and institutions A patrimony is that we are losing the battle to act contrary to their economic and financial to preserve the edifice of history. From the up­ self-interest can hardly be tempted to think itself rooting of Maya stelae from thejungles of Central out of its box. Despite the legal superstructure, America to the dismantling of the statuary and the 'cultural heritage of all mankind' (as cited in friezes of Angkor in Southeast Asia, humanity's the preambles to both the 1954 and the 1970 patrimony is fast disappearing. Worse still , in its UNESCO Conventions) is disappearing. What is place, the man ufacture and acceptance of newly agreed to be coll ectively owned is being appro­ minted hi story are thriving and distorting the priated for the private consumption of individuals perception of the past, no less a fiction than a and institutions. In that process, the StOlY of the Disney remake of hi story or an Oliver Stone past, embedded in the context and find-sites of documentary. artefacts, is erased through the rush to own and If we accept any of the above statements display. But without a voice to raise in the mar­ as va lid, then we cannot also hold th e view that ketplace, future generations who are also the present mechanisms for controlling the theft part-owners of the patrimony ha ve been quite lit­ and trade in smuggled antiquities are working. erall y robbed of their property and hi story. Despite the few instances of incarcerated mal­ To understand why our legal and interna­ efactors and some items repatriated, the system tional framework of laws and treaties has been oflegal redress has been unable to stem the clear­ ineffecti ve in stemming the tide, one has to in­ cutting of the cultural past. We must conclude vestigate why these systems have failed and what therefore that th e network of enforcement sys­ might be done. For that, we must understand the tems comprised of international repatriation marketplace which facilitates the trade in these agreements, the civil and criminal punishment obj ects. codes of nations, and international treaties has 1f there is one characteristic that distin­ proved insufficient to protect the past. ' History guishes economi sts from mere mortals, it is their is ri ch in successful prosecutions beginning with understanding and admirati on of how markets Cicero's prosecution of Gaius Verres in 70 Be, work. Energized by unfettered self-interest, we for hi s rapacious looting of Greek art and statu­ are all motivated to produce and acquire what ary w hile Roman proconsul of S icily. The meets our desires. Prices move the process along nineteenth-century Lieber Code regulated the efficiently. A person desiring a gizmo can buy it behaviour of militaIY forces in protecting cultural at a price, whi ch after the trade re fl ects the satis­ work s. Subsequently, there are the divergent ap­ faction of both buyer and se ll er with the proaches taken by local laws, exemplified by the transaction. It is tautologically true that under appli cation of the US National Stolen Property these conditions, the total sum of satisfaction of Act of 1934 to th e ill egal antiquities trade and all parties is at the highest level in unfettered, the many international conventions such as the unconstrained trade. Otherwise, unsatisfied sell­ 1954 Hague Convention (for the Protection of ers would wait for higher prices and buyers would Cultural Property in the Event of Armed Con­ sit on their hands awaiting lower prices. From nict), the 1970 UN ESCO Convention (on thi s emerges an enduring principle: when indi­ Prohibiting and Preventing the Illicit Import, viduals pursue their own aims and interests in a Export and Transfer of Ownership of Cultural market, the outcome measures the benefits and Property), and the 1995 UNIDROTT Convention welfare of all , and in certain cases it is the high­ on Stolen or Ill egall y Exported Cultural Objects. est amount of welfare that society as a whole can All have attempted but collectively failed to stem achieve - a so-call ed Pareto optim al condition. the tide. A ll were to have transcended the Although the idea is still controversial among the

24 religious, morally positive outcomes emerge from sumer access and benefits are difficult to deny unrestrained individual pursuit of self-interest.3 others once the good has been provided. The high­ Two blemishes mar this garden of perfec­ ways and the court and judicial systems are classic tion. First, markets work but only if the rules of examples of public goods, as are national defense the game are set and everyone abides by them. and education. The benefits of a well-educated Second, some goods belong to no one and every­ work force spread beyond the improved welfare one at the same time, so-called public goods: the of the individuals concerned, increasing the pro­ ocean fisheries, unpolluted air and water, national ductivity of soc~ety as a whole. defense, the electro-magnetic spectrum, and, for These characteristics have major implica­ some, the cultural heritage, both in its material tions. For a rational consumer, since benefits can and aesthetic manifestations. The question im­ be enjoyed and not easily denied, spending to mediately arises, whether these goods also should secure the public good can be skipped without enter the marketplace to be traded like other loss of benefits. The United States perennially goods, particularly as not all owners are able to complains of its 'unfair' share of the costs of participate in the bidding. Here the two imper­ NATO defense while treaty partners enjoy the fections converge.4 treaty's protective umbrella without increasing The marketplace is not a morally free zone. their own defense spending. For similar reasons, It is a mechanism to allow people to efficiently expenditures on education and the judicial sys­ satisfy their wants. But some wants are consid­ tem can be expected to fall below optimal levels. ered bad by some people while others are, at best, It is not surprising therefore that funds for pro­ indifferent. Some countries diligently monitor the tecting the heritage are in short supply. Also not illegal trade in antiquities and do their best to surprisingly, preventative expenditures fall below quash illicit trading, while others neither sign the level needed to deter illegal trade. Deterrence international treaties nor erect national barriers then falls to punishment meted out by the judi­ to the trade. Moral constraints are needed regu­ cial system. But judicial punishment is a weak lating these 'immoral' markets, it is argued, to and infrequently invoked power. 5 prevent bad behaviour and to achieve universal As with the protection of other public happiness: security of one's property, enforce­ goods, prosecutions will fall sharply below the ment of contracts, and deterrence of false trading, level needed to deter potential wrongdoers as long among other evils. Can all these conditions be met as the returns to enforcement agencies fall be­ without a moral and punitive legal enforcement low the cost of prosecutions. Similarly, offenders system for those who would do bad things? And can be expected to take advantage of insufficient if so, who sets the rules and what system of en­ enforcement efforts. As long as the profitability forcement is fair, honest, and deters rule breakers? of the trade remains strong, the possibility of If the heritage was like any other private punishment will be ineffective in deterring new asset, its integrity could be assured by the tort entrants to the unseemly business. Some level of and criminal law systems already in place. Prop­ crime and plunder seems to be acceptable, re­ erty owners would have an interest in financing flecting society's unwillingness to either increase protective security arrangements and could also the likelihood of conviction or its severity - the take transgressors to court. But since the cultural two deterrents of crime. 'Hang them all' is un­ heritage is uniquely a public trust, a so-called likely to receive unreserved endorsement from public good, it is endowed with attributes that the general populace.6 make its protection problematic and solely de­ A rational actor balancing the probability pendent on the state as its defender and protective of punishment and potential enrichment will most rule maker. Like other public goods, the patri­ likely view the threat from an under-funded en­ mony has unique characteristics: firstly its forcement effort as less likely than the probability non-excludability - the enjoyment of the cul­ of making large gains from loosely secured her­ tural heritage is wide spread, enjoyed by multiple itage sites. The corrective remedies of return and consumers without detracting from enjoyment by restitution provide relief only in cases of the anyone else; secondly, its non-rivalness - con- highly valuable and most renowned, such as the

25 'Lydian Hoard', the 'Steinhardt gold phiale', and power plants in the American Midwest. 9 high profile statuary, e.g. the Theban Triad re­ Similarly, the looting of the heritage, now turned to Egypt and the Phanomrung lintel going unmonitored and unregulated, can be returned to Thailand. These, however, are the refashioned into responsible excavation practices. exceptions. In the case of the 'Sevso Silver', res­ Here, potential archaeological sites are the titution was unsuccessful despite lengthy resource at risk and its exploitation is the helter­ litigation. The expense of legal proceedings, ar­ skelter looting of the artefacts. The proposition duous legal manoeuverings, and the practical is straight forward: the state opens to auction the difficulties involved in applying complicated and limited excavation rights to potential archaeologi­ conflicting antiquities law and determining the cal areas under the supervision of state-employed true national origins of artefacts deter litigation professional conservators to record and preserve for all but a few items of dazzling beauty and the context of finds. The reward to auction win­ fame. But even when repatriated, no court-made ners is the property right to own what is found remedy can replace the context lost in looted ar­ subject to the state's pre-emptive right to retain tefacts.7 or bid for finds of prime interest. Various poten­ Thus, the most efficient policy is one to tial sites come to mind in the American diminish the profitability ofthe looting enterprise. Southwest, Central America, the Middle East, and At the same time, to alter the balance of forces Southeast Asia, as well as the usual treasure lands favoring rule breakers, the strength ofprivate self­ of the Mediterranean littoral. IO interest can be enlisted to strengthen the security Essential here, and not present in the other of archaeological sites. The policy issue thus be­ examples, is the need to record and preserve what comes one of devising incentives to redress the is uncovered. Some finds are kept by auction imbalance. winners; others retained by the state. The meth­ To put a brake on the debilitating consump­ ods employed can be restricted by legal covenants tion of resources in other areas of public goods, and the excavation process itself overseen by pro­ regulators have sold entitlement rights enabling fessional archaeologists. Successful bidders private parties to use these goods at a price. Pre­ would abide by contractual agreements in order viously, relatively costless exploitation has to maintain access to subsequent auctions. To depleted fishery stocks and allowed acid rain to preserve the value of their rights, they would also destroy waterways.s Auctioning access to public have an incentive to monitor site integrity to ex­ goods raises the cost ofuse, moderating consump­ clude free booters. State regulators would then tion of the resource and providing a new revenue have financial resources not previously available source for conservation efforts. Bidding for these to supervise the process, record the historical entitlements has: 1) provided an incentive for context now lost under present conditions, and private parties to secure rights of access against preserve what is uncovered. With revenue pro­ infringement from non-payers; 2) reduced the ceeds, the state could also bid for finds which overall amount of consumption; and 3) provided are considered an essential part of the national additional revenues to the state. patrimony. II As an example of the third rationale, pro­ Under the new process, larger numbers of ceeds from the auctions in 1995 and 2000 for artefacts would find their way to the marketplace third-generation mobile phone licenses in the US with their context intact. Pieces without a find­ and Europe provided large revenue windfalls for site tag coming onto the market would become the governments involved. Tradeable property prima facie suspect with would-be sellers bear­ rights for exploitation of fishery resources are ing the burden of proof of authenticity. With proliferating throughout the world's fisheries protection comparable to copyright and patent (Iceland, New Zealand, Australia, the Netherlands law, auction winners cloaked with the imprima­ and Norway) and for power plant emissions in tur of a state-authorized property right could enlist the US. These policies led to sustainable levels the courts to prevent the dilution and potential of fishery harvests and a reduction in sulphur di­ loss in value of their permit holdings from the oxide emissions (a main culprit in acid rain) from marketing of fake and unauthenticated pieces by

26 invoking the power of injunction and indemnity. for preventative security measures and insufficient Much hard work lies ahead to devise de­ deterrence of punishment: under the Italian penal code, 'the theft of archaeological artefacts from the subsoil tails appropriate to the problem: determining the is punished as simple theft, less serious than theft from structure of the auction mechanism appropriate the supermarket' (Pastore 200 I, 155). to the geographic nature of each site, the charac­ 6. Polinsky & Shavell (2000) cite the low likelihood of ter of the market, the monitoring and supervision arrest for the following crimes (1997 data): burglary, process, the process of selecting items pre-empted 13.8%; automobile theft 14% and arson 16.5% (71, n. 77). They conclude that these low rates reflect the by the state for retention, and recruiting a core of higher costs that more intensive policing would in­ supervisory archaeologists. 12 With a mechanism volve. More generally, see Ehrlich (1996) and available, however, there is now less reason to Friedman (1999) for the market theory of crime and watch helplessly as the past vanishes. crime control strategies. A mechanism explaining why a State may rationally choose to adopt a policy of to 1- erating illegal trade and collusion with mafias is Notes modelled in Anderson & Bandiera (2003). 7. For some of the legal difficulties inherent in proving 1. For the latest volumes documenting the extent and se­ restitution, see Pastore (200 I, 155). Contra Gersten­ riousness of the problem see Brodie et af. (2000) and blith's assertion (200 I, 245) that repatriation is an Brodie et af. (2001). effective means of deterrence, see Mackenzie (2002, 2. An extensive recitation of existing national laws and 130-31) for its ineffectiveness. Spiegler & Kaye (200 I, international treaties is found in Mackenzie (2002). 121) emphasize the obstacles in pursuing such cases 129-36, and Brodie et af. (2000), 31-42. An earlier even under a (US) court system and well developed outline of legal protection for cultural property in the body oflaw favouring recovery ofstolen property. These US is also described in Gerstenblith (1995) and Gidseg hurdles, they conclude, make legal restitution a prob­ et af. (1999). Both articles also reveal the legal loop­ lematic resolution of the looting problem. holes. Mackenzie's conclusion echoes the findings of Greenfield (1996, 198) also expresses scepticism other legal experts: on the effectiveness of restitution. Among other prob­ In this field [illicit antiquities trade], law seems lems, she cites difficulties in establishing criminal to be creating problems rather than solving them. jurisdiction, extradition and lack of judicial coopera­ Ineffective prohibitions by source States com­ tion in penal matters (Greenfield 1996, 258-9). One bined with complex and hugely expensive civil of the more egregious cases demonstrating the inad­ mechanisms for recovery of looted artefacts, all equacy of legal redress for restitution was the refusal amount to a system of legal governance which is of the House of Lords to enforce New Zealand export demonstrably failing to stop the plunder (Mac­ laws when the authorities attempted to recover looted kenzie 2002, 160-61). Maori carvings from Sotheby's London and the de­ Corroborating the inadequacy of the legal mechanism fendant dealer, George Ortiz, despite the Lords' is Spiegler & Kaye (2001, 131), who note the prohibi­ acceptance that the Maori Taranaki panels were indeed tive costs of legal redress and Borodkin (1995, stolen. See also Mackenzie (2002, 130-31). 399-405) who cites among other difficulties the costs 8. Official endorsement of this policy was sanctioned in of lengthy and drawn-out court proceedings which the Council of Economic Advisors, Economic Report deter redress through the law. of the President for 1998. Academic endorsement is 3. The welfare theorem of economics (as amended by found in Sagoff (1998), Brown (2000), Hahn & Hester Coase) says that if everything is tradeable then no ac­ (1989) and Klassen (1996). Naussbaum (1992) de­ tion is possible to improve consumers' welfare, a scribes one of the earliest applications in reducing lead so-called Pareto-efficient outcome. See Farrell (1987), additives in gasoline. A general and expansive treat­ 113-14. ment is in Tietenberg (1994) and Krautkraemer (1998). 4. According to the Coase theorem, if property rights are 9. A description of the successful outcome of the pro­ assigned clearly, individuals have an incentive to work gram for curtailing acid rain emissions is in Ellerman out efficient economic arrangements. The 'Tragedy of et af. (1997), Ellerman et af. (2000), and Joskow et af. the Commons', such blights as depletion of non-re­ (1998). Other endorsements are in Schmalensee et af. newable resources, excessive grazing of common land, (1998), Stavins (1998), and Stavins & Whitehead excessive fishing in international waters, pollution of (1997). Qualified dissents on income equity grounds the environment, etc. result from the failure to assign are raised by Palsson (1998), Gustafsson (1998), and property rights. See Stiglitz (1994, II). Stiglitz also Helgason & Palsson (200 I). Suggested application to cautions that the absence of property rights may not curbing global warming is proposed in Intergovern­ always be the central problem (Stiglitz 1994, 12). Two mental Panel on Climate Change (200 I), and other factors, imperfect information and high transac­ McKibben & Wilcoxen (2002). One of the most re­ tion costs are implicated in inefficient outcomes. cent applications of the mechanism by the US 5. See Pastore (200 I ) for both the inadequacy of resources Government is its approval of leasing and trading in

27 radio spectrum licenses by wireless companies (see bal enforcement systems. His solution centres on Labaton 2003, AI). auctioning the right to excavate sites, with some 10. Some of the earlier arguments for an auction system are found in Borodkin (1995) and Perlstein (1996). The finds becoming property of the excavator, and inefficiency and counter productiveness of current others remaining in the country of origin. This practices is found in Sax (1999, 166-7). The deleteri­ proposal is tantamount to legalizing the trade in ous result of the present system of quasi-exclusive antiquities, rather than thwarting it, thereby open­ licensing is exemplified by the free-for-all battle be­ ing up a legitimate market for the benefit of those tween rival palaeoarchaeological teams and the imprisonment in Kenya of members of the team which wishing to purchase items with a secure had uncovered the oldest homind fossil yet found in provenience (see also Merryman 1995).' The aim Africa. See Balter (2001 a,b), Nature (2001), and of this comment is to discuss some of the key Pickford & Gitonga (2001). issues raised by his article. 11. A recent example of the successful application of the Krowitz doubts the effectiveness of current procedure for the control and supervised sale of cul­ tural material with context and find site infonnation laws aimed at protecting cultural patrimony, but intact is the Hoi An Hoard of Vietnamese ceramics we would like to highlight some of the positive dating from the fifteenth century with styles spanning effects such legislation has had on stemming il­ a 150 year period. See Alder & Polk (2002, 51-2). licit traffic of antiquities (see Coggins 1995; 1998; The Hoi An shipwreck was discovered by fisher­ Gardiner in press; Gerstenblith 200 I; Hersher men in the early 1990s off the coast of Central Vietnam. It is described as the most important find in Vietnam­ 1989; Luke 2003; Renfrew 2000a). The 1972 Pre­ ese ceramics to date. See Guy (2000) and Fay (2000). Columbian Monumental or Architectural Soon after discovery, looters dragged steel nets along Sculpture or Murals Statute,2 which prohibits the the sea bottom to dislodge pottery pieces and these import of such material into the United States began to tum up in markets worldwide. In mid-I 997 , without a permit issued by the country of origin, the Vietnamese government authorized a local com­ has been an effective tool in diminishing its trade pany, VI SAL, in cooperation with a Malaysian salvage company, SAGA, to locate and search the wreck. They at the major auction houses. Recent customs cases were given exclusive rights to excavate. Together with document the success of the 1986 Convention MARE, the Oxford University Maritime Archaeologi­ on the Cultural Property Implementation Act3 in cal Unit, the consortium retrieved 244,000 artefacts of the United States among other regulations,4 and which 150,000 pieces were intact. In exchange for their a number of major court cases have alerted loot­ efforts and costs of approximately $4 million, SAGA received 40% of all duplicate objects and shared with ers, dealers, collectors and museums that they can VI SAL the proceeds of the auction of materials in the be held accountable for purchasing, trading and! US. The Vietnamese government retained all 'unique' or exhibiting illicit antiquities. 5 The recent con­ pieces and another 10% were selected for distribution viction of Fredrick Schultz (Gerstenblith 2002; to other museums in the country. See Fay (2000, Part Lufkin 2003a,b), for example, is expected to have One: The Excavation.) 12. See Klemperer (2002) for some of the difficulties in a profound impact on the illicit trafficking of designing an appropriate auction mechanism. antiquities. New efforts by Interpol, the Art Loss Register and Object ID have focused on art and EDWARD KROWITZ artefact registration and recovery of stolen items. New York, N.Y. 10024 Finally, the recent ratification of the 1970 USA UNESCO Convention on the Means of Prohibit­ ing and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property by The Battle for the Past: Comment Japan (2002), the United Kingdom (2002) and MORAG KERSEL & CHRISTINA LUKE the implementation by Switzerland (Swissinfo Krowitz's The Battle for the Past presents an 2003) in October 2003 - all major markets and, in the case of Switzerland and the United King­ analysis of the current state ofcultural patrimony protection from the perspective of an economist. dom, key transit countries - will change the He asserts that we are losing the battle to pre­ international market for antiquities. serve the world's cultural heritage, despite myriad Krowitz's solution to protecting archaeo­ logical context is to auction the right to excavate international laws, treaties, local and national sites in source countries, with the excavations pro- efforts, civil and criminal punishments and glo-

28 ceeding under the supervision of professional of funding for at least five years work, and pay archaeologists.6 He argues that auctioning sites for all excavation costs, storage of finds and site as potential treasure troves for artefacts will di­ security. Furthermore, a professional Turkish ar­ minish the profitability of the looting enterprise. chaeologist, paid by the foreign project, must be Krowitz considers the archaeological heritage to present on site at all times to represent the Turk­ be an economic resource akin to the fishing in­ ish Ministry of Culture. In all of these countries, dustry, and that it can be managed accordingly. and most others, an interim report of all excava­ We take issue with his proposal in three ways. tion and finds ~ust be filed within a year of the First, fish are a renewable resource, while ar­ respective excavation season. chaeological context and artefacts are not. These examples demonstrate that source Second, auctioning archaeological excavation countries do have professional archaeologists and rights places an economic value not only on ob­ contractual arrangements for monitoring the ex­ jects, but also on sites, further commodifying cavation of cultural patrimony, and that they do cultural assets (see Frey 1997). Third, auction­ profit monetarily as well as culturally through ing the right to excavate sites and demanding the revenue and educational opportunities that known provenience and provenance of every accrue from site conservation, site protection and cultural artefact assumes an exhaustive inventory the development of sustainable tourism. And, of sites on the landscape as well as all antiqui­ foreign archaeologists stand to learn a great deal 7 ties - Herculean tasks. and enrich their projects through collaborative Implications that the looting of cultural efforts with local communities, archaeologists property is currently unmonitored are false. As and museums. field archaeologists are well aware, the vast ma­ Krowitz suggests that by approaching the jority of source nations have established and now problem of illicit looting and trafficking from a enforce stringent protective policies and regula­ monetary perspective we can legalize the market tions to combat illicit digging and to monitor and at the same time satisfy demand, preserve ongoing legitimate excavations. In many Central context, and keep profits in the country of ori­ American countries (e.g. Belize, EI Salvador, gin. He focuses on the naughty looters - those Guatemala, Honduras, and Nicaragua) and individuals who physically plunder sites and de­ Mexico, archaeologists applying for an excava­ stroy context (Kennedy 2003). Yet while looters tion permit must be trained to MA level, and often may cause the actual destruction, they do so be­ to PhD, with several years's excavation experi­ cause they have contacts in the 'market' (see ence. Obtaining a permit requires a well-developed Kirkpatrick 1992; Ozgen & Oztiirk 1996), and plan outlining excavation goals and methods. In there is demand (Brodie & Doole 2001). The an­ addition, archaeologists are required to address tiquities market is now so reliable that subsistence long-term conservation and care of the site and diggers, frequently out of extreme poverty, pil­ finds, and often to be involved in planning and lage in order to earn money to cover basic needs, identifying funding support for the development such as housing and food for their families (see of sustainable tourism projects. Archaeologists Matsuda 1998; Paredes 1998; Politis 2002). Col­ from the respective ministries of culture (or simi­ lectors argue that by legalizing the market pillage lar organizations) monitor all excavation and would be reduced; archaeologists reply that the museum research. In several countries, a national market has become so strong that pillage would partner may be required before excavation can continue at an increased rate with a larger mar­ proceed and a percentage of the project's budget ket. is often paid directly to the respective ministry What is lacking from these analyses is se­ of culture (or equivalent governmental body). In rious research into collecting, particularly over Turkey, for example, each foreign archaeologist the last thirty years, the period in which collec­ requesting an excavation permit must have a PhD, tors and archaeologists have been confronted by five years's excavation experience in Turkey, and new regulations and ethics regarding the traffic an institutional position. If an excavation permit in antiquities (see Fagan 2000). A comprehen­ is granted the archaeologist must provide proof sive study of market countries, taking into

29 consideration both transit points and major des­ tion that artefacts should be separated and scat­ tination points (such as auction houses and tered across the globe underscores an important galleries) as well as the general collector ethos misunderstanding of the international protection has yet to be undertaken.8 Market countries, par­ enterprise. His suggestion regards individual ar­ ticularly European countries, often function as tefacts as intrinsically valuable, with sites reduced locations where illicit objects are laundered; that to artefact repositories, and the importance of is, where title is transferred and provenance cre­ maintaining the integrity of artefact assemblages ated prior to launch on the U.S" market (Kersel for future analysis or examination is not consid­ 2003; Alder & Polk 2002).9 Collectors contend ered. In contrast, archaeologists focus on the that artefacts with a known context are more valu­ context of features and artefacts, maintaining as­ able and sought after, but we are unable to find semblage integrity, preservation of the reference to a true archaeological context (hori­ archaeological landscape, and public access to zontal and vertical) in any major auction all finds (see Chippindale 2000; Chippindale & catalogue for antiquities. Hence, we pose a ques­ Gill 2001; Coggins 1995; 1998; Elia 1993; Gill tion to Krowitz: if a true microeconomic analysis & Chippindale 1993; Hersher 1989; Pendergast with a focus on auctioning artefacts with context & Graham 1989; Reents-Budet 1994; Renfrew is to be the best model for dealing with the trade 2000b). Supply-and-demand models also ignore in antiquities, where is the data on which to base the historical, symbolic and spiritual meanings our framework? Economic supply-and-demand that are at the heart of the antiquities trade and driven models support Merryman's statement: tourism for many source countries and archae­ 'collectors are necessary to the market because ologists (see Frey 1997; Mason 1999; Pyburn & they provide the bulk of the demand, a demand Wilk 2000; Silverman 2002; Warren 1989; that, if not met in the licit market, will continue Watkins et al. 2000) and highlight the number of to be supplied by the black market' (Merryman different and sometimes conflicting ways of 1995, 29). But by objectifying human agency as evaluating cultural heritage. As Gloria Hasemann 'demand', collectors and dealers escape account­ has argued 'cultural significance cannot always ing for the contribution made by practices to the be understood by outsiders, even when it can be destruction of archaeological landscapes, and his­ recognized t (1996, 2, emphasis original). torically they have not placed great importance Until we can answer questions concerning on professional archaeologically documented the size and scope of the current antiquities mar­ provenience when purchasing antiquities. ket, the importance of provenience to the Krowitz's model suggests archaeologists, coun­ collecting community, \0 and what existing exam­ tries of origin, and local communities should ples of legalized markets tell us about the benefit embrace the auctioning of archaeological sites of such a system (Hollowell-Zimmer 2003; and the eventual sale of cultural patrimony in the KerseI2003), protection efforts must continue to marketplace under the guise of helping them (i.e. focus on international and national legal frame­ source nations and local communities) protect and works for cultural property protection. It is also preserve their archaeological past. He suggests important that collectors, dealers, archaeologists, that the source nations can use the proceeds of ministries of culture, museums and the public their excavation auctions to buy back 'essential begin a more informed dialogue on how best to parts of the national patrimony'. Presumably this achieve protection of this precious non-renew­ means that nations can purchase items that were able resource (see Hersher 1989; Messenger taken long ago and not those pieces sold as a re­ 2000). Rather than continuing the commodification sult of his proposed excavation auction! of cultural patrimony, collaborative projects with A fundamental difference in attitude and local populations focused on both education and perspective is reflected in Krowitz's approach. scientific research goals (see Brodie 2002; Pyburn To those trained in archaeology, whether in an & Wilk 2000) and long-term loan exchanges (see anthropological, classical or historical tradition, Gardiner 2003a) are essential to our mutual un­ the focus is on the association of artefacts with derstanding and respect of these so-called public each other and their contexts. Krowitz's sugges- goods. True integration and partnerships focused

30 on preserving, investigating and interpreting the 10. A growing number of studies point to direct connec­ past can be achieved only if every stakeholder tions between the loss of context and pillage of specific artefacts due to the market (see Luke & Henderson comes to the table with the desire to preserve ar­ 2003; Roosevelt & Luke 2003; Gilgan 2002; Elia 2001 ; chaeological heritage, free of personal and Wylie 2000; Ozgen & Oztiirk 1996; Vitelli 1984). political agendas.

MORAG KERSEL Department of Archaeology The Battle for the Past: Reply University of Cambridge EDWARD KROWITZ

CHRISTINA LUKE Kersel and Luke (hereafter K&L) are right on Department of Archaeology one point and wrong on most others. They're Boston University right: we don't know the extent of the problem; but K&L won't even consider alternative solu­ Notes I. We define provenience as an artefact's context and tions without exhaustive research studies. Until provenance as the artefact's recent history. they get perfect knowledge, they want to rely on 2. 19 U.S.C. 2091-5. legal restraints and moral persuasion. If not know­ 3. The Convention on Cultural Property Implementation ing the extent of the problem is to stop remedial Act implements articles 7b and 9 of the 1970 UNESCO efforts, vaccines would never get produced to Convention on the Means of Prohibiting and Prevent­ ing the Illicit Import, Export and Transfer of Ownership fight infectious outbreaks for instance (think of Cultural Property in the United States. SARS). Sufficiency not certainty should be the 4. A few of the most recent cases have dealt with sei­ watchword. zures and returns of material from EI Salvador (Gardiner in press; Ortiz-Canas 200 I), Honduras Markets. K&L confound the role of markets. (Mayhood 2002; VOA 2003), Guatemala (Green 2003; Ramirez 2003), Bolivia (El Diaro 2003), Peru They approvingly cite studies blaming markets (Bardwell 2003; KUHF 2003; Associated Press 2003). for the loss of antiquities (their note 10) - akin The McClain doctrine, Schultz case and United States to blaming the moon for tidal erosion. My con­ v. Pre-Columbian Artefacts have focused on violations cern is to stop the erosion of the cultural heritage. under the United States' National Stolen Property Act. Engaging the moon or other heavenly bodies or, 5. Republic of Turkey v. The Metropolitan Museum (Ozgen & Oztiirk 1996); McClain case (United States as they suggest, stakeholders in an educational v. McClain 1979); Sipan (Kirkpatrick 1992); Getty improvement dialogue has not solved the prob­ Kouros (Renfrew 2000a, 40-42). lem in the past and is unlikely to do so in the 6. Nowhere does Krowitz state that those receiving the future. rights to excavate sites should be trained archaeolo­ gists themselves, only that their activities should be supervised by professional archaeologists. He also How much is too much? K&L pronounce them­ implies that such professional monitoring is not cur­ selves delighted with the Schultz conviction and rently protocol in most countries. the current legal structure on which they predi­ 7. Krowitz implies that under his proposed model those cate a rosy future of a loot-free international seIling antiquities (or forgeries) not vetted by the re­ market. Where is the evidence that the Schultz spective country of origin could be prosecuted for infringement on the auction winners' rights; thus, any case, for instance, has alerted anyone to desist? new legislation would have to be retroactive. He of­ Since K&L profess themselves ignorant of the fers little guidance, however, on how to accomplish amount of looting, how will they be able to meas­ the global task of inventorying all items in excavation ure improvements to deterrence? K&L follow the depots, museums and private collections. sure fire fonnulae for successful predictions: omit 8. The antiquities business supposedly runs to $5 billion a year (see Bowen 2003). quantities or a timeframe. 9. Ongoing research by Kersel ofIsrael's antiquities mar­ A more profound objection: they say source ket - one ofthe few countries with a legally sanctioned nations have established and enforce stringent market and a clear destination and transit point for anti-looting regulations. At the same time they material from the Middle East - wi II address the ques­ assert villagers tum to looting to convert their tion of how a legal market impacts the looting of archaeological sites. caches to cash because 'the antiquities market is

31 now so reliable' . K&L cannot have it both ways: ogy. London: Routledge. the present enforcement framework is either ad­ Brodie, N., J. Doole & P. Watson, 2000. Stealing History: equate or looting is still a serious problem. the Illicit Trade in Cultural Material. Cambridge: The McDonald Institute for Archaeological Research. If thought adequate, it is hardly effective. Brodie, N., J. Doole & C. Renfrew (eds.), 2001. Trade in For example, in the US, the serious crime most Illicit AllIiquities: the Destruction of the World's Ar­ likely to result in arrest is arson, with only a 16.5 chaeological Heritage. Cambridge: McDonald Insti­ per cent arrest rate (my note 6). Translating this tute for Archaeological Research. to detecting looting means that over 80 per cent Brown, G.M., 2000. Renewable natural resource manage­ ment and use without markets. Journal of Economic of looting crimes will go unpunished at best. In Literature 38(4), 875-914, esp. 894-902. the real world, archaeological theft in Italy is Chippindale, C., 2000. Commercialization: the role of ar­ treated as a less serious crime than supermarket chaeological laboratories and collectors, in Lynott & theft (my note 5). Wylie (eds.), 87-90. Chippindale, C. & D. Gill, 2001. Collecting the classical world: first steps in a quantitative history. International Solutions. K&L recommend education and dia­ Journal of Cultural Property 1O( 1), 1-31. logue. As the presiding judge in the Schultz case Coggins, C., 1995. A licit international traffic in ancient observed, the defendant may be a good family art: let there be light! International Journal of Cul­ man, with many testimonials from pillars of so­ tural Property 1(4), 61-79. ciety to his outstanding character. What education Coggins, C., 1998. United States cultural property legis­ lation: observations ofa combatant. International Jour­ program do they recommend for Mr Schulz? In nal of Cultural Property 7(1), 52-68. reality, he, like the subsistence villagers cited by Council of Economic Advisors (CEA), 1999. Economic K&L, is motivated by financial self-interest. Report to the Presidelll for J998. Washington (DC): Change the incentive structure - don't try to re­ United States Government Printing Office, Superin­ form moral character - and the illegal antiquities tendent of Documents. Ehrlich, I., 1996. Crime, punishment and the market for business can be deterred. offenses. Journal ofEconomic Perspectives 10 ( 1),43- 67. References EI Diaro, 2003. Policia frustr6 posible tnlfico de piezas Alder, C. & K. Polk, 2002. Stopping this awful business: arqueol6gicas peruanas. El Diaro, La Paz, Bolivia. (16 the illicit traffic in antiquities examined as a criminal de abril). market. Art Antiquity and Law 7,35-53. Elia, R., 1993. A seductive and troubling work. Archaeol­ Anderson, J.E. & O. Bandiera, 2003. Traders, Cops and ogy 46( I), 64-9. Robbers. 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32 Gardiner, 8., 2003. Long-tenn archaeological loans from session: Practicing Archaeology? Pillage of Sites, Traf­ Italy: summary of roundtable discussions. American ficking of Artefacts, co-organized by M. Kersel and Journal ofArchaeology 107(3),477-81. C. Luke. Fifth World Archaeological Congress, Wash­ Gardiner, B., in press. International conventions and cul­ ington DC. tural heritage protection, in Marketing Heritage: Glo­ Intergovernmental Panel on Climate Change, 2001. Cli­ bal Goods and the Endangered Past, eds. Y. Rowan & mate Change 2001. Cambridge 2001. U. Baram. Walnut Creek (CA): Altamira Press. Joskow, P.L., R. Schmalensee & E.M. Bailey, 1998. The Gerstenblith, P., 1995. Identity and cultural property: the market for sulfur dioxide emissions. American Eco­ protection of cultural property in the United States. nomic Review 88(4),669-85. Boston University Law Review 75(3), 559-688. Kennedy, M., 2003. Kill looters, urges archaeologist. The Gerstenblith, P., 2001. 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