Coin Collectors Case Flashcards
What is the CPIA and what does it do?
the convention on cultural property act.
It provides a mechanism by which foreign countries can requires that the US enact import restrictions on certain articles of cultural significance to prevent looting and illegal sale.
A convention party submits a written request to the US and the president must publish notification and submit the request and supporting statements to the CPAC cultural property advisory committee (appointed by the president).
After CPAP makes a report, the president can act by entering an Article 9 agreement or disagree with committee recommendations and take a different action or no action at all
is the US a signatory to the international agreement?
yes
What is UNESCO and what is its significance?
The United Nations Educational, Scientific, and Cultural Organization
UNESCO held a conference to protect cultural articles and created the Convention of the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property
Article 9 of the Convention of the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property/
and definition of cultural property?
A state party can request that other signatories take steps to protect the requesting state’s cultural property from theft and illicit export, such steps to include import and/or export controls.
Cultural property: includes items of importance for archaeology, pre-history, history, literature, art and science.
Is the CPIA self-executing or non-self executing?
The US senate gave its advice and consent to ratification subject to reservations, one of which indicated that the Convention was not self-executing.
Ten years later, Congress implemented the Conventional domestically and passed the CPIA and president signed it into law
What does 2601 limit?
Limits import restrictions to objects of archaeological or ethnological interest that was {first discovered within and is subject to export control} by the state party. The secretary of treasure can restrict certain articles.
Which entities did the CPIA functions get delegated to?
Assistant secretary of state for educational and cultural affairs and US customs and boarder protection.
What created this dispute?
china and Cyprus formally requested the US to impose import restrictions on coins and they entered an Art 9 agreement to restrict import of certain coins. The Guild attempted to bring the coins into US and CBP detained the coins.
While waiting for forfeiture proceedings, the Guild brought this action against US customs and border protection and US department of state for violation of the Administrative Procedure Act and the 1st and 5th amendments of the const.
After coin confiscation what did Guild have to prove to get the coins released? did Guild provide the evidence?
That either (1) coins were lawfully exported while CPIA restrictions were in effect (2) exported from its respective state more than 10 years before or (3) exported from state before CPIA restrictions went into effect.
Guild did not provide any documentation
Does the notification of the request require specific itemization? and what was congresses trying to achieve?
No, only a notification, not an exhaustive description
Congress sought to strike a balance between the need for notice and transparency and the need for confidentiality in sensitive matters of diplomacy.
Did the APA apply?
the APA did not apply to the state departments actions because it was acting on behalf of the president which was delegated by congress via statute and thus was not an agency in this situation.
