Cultural Property Laws in Germany and the US

Nice font, Marsha



I hate ordering coins from Germany ... for some reason, that country "always" attracts border-extras!! (enough that I don't even consider German coins anymore) ... sad, but true

 

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Quite obviously the Austrian regulations (Naumann is in Vienna, AT) regarding such exports and licenses are different from the German ones. Associations of German/European coin dealers (VDDM, IAPN, etc.) asked the lawyer Florian Arensmann for recommendations regarding the revised German law and how to be on the safe side. His text (long, German) can be found here.

As I wrote in this topic before, such export licenses are required for single coins older than 50 years, or collections of significant value, worth €50,000 or more. Same threshold as before. What is new is a similar regulation (100 years, €100,000) for exports to other EU member states.

Will also be interesting to see whether this will affect collectors in the US ...

Christian

 

!!

This is the second link provided by Christian:
https://committeeforculturalpolicy....in-us-to-seize-and-forfeit-cultural-property/

It is a harrowing read. I am almost speechless. If this legislation is passed, it sounds like US collectors of ancient coins would be deemed criminals and many or most of their coins would be seized!

 

This would be devastating to numismatics.

 

Well, don't just sit there. While digesting your Thanksgiving feast, take time to write your Congressman/Congresswoman and object to this overly-broad attempt by the archaeological lobby to take advantage of the mideast crisis, and how it will impact the legal collecting of common ancient coins that has gone on for centuries.

Not to get political here, but I wonder if the change in U.S. administration will put a stop to these shennanigans.

 

I am all for stopping illegal trade in anything and for cutting off terrorist funding but that language covers anything more than 100 years old worth more $50 even that you bought before the law was passed. Isn't there a legal principle against making things retroactively illegal?

 

In a word, no. The bill was introduced by six Republican senators, and the Republicans still retain control of the Senate and the House ... not to mention the executive branch in January as well.

 

Responding to Theodosius: Yes, and it would be highly unusual for the United States to pass such a law. This bill is also inconsistent with recent MoUs by which the U.S. State Department has, effectively, okayed import and ownership of coins that were outside certain source countries before recent dates.

Responding to David Atherton: Ugh.

 

I hope political grandstanding: "we are stopping terrorist funding" when few people know it is not true does not overrule our whole legal system foundations.

 

I think the bill sponsors are being hoodwinked by those appealing to their antiterrorism sentiment. Perhaps we need to go contra with points they can also support: the hundreds of U.S. small businesses that will be adversely impacted by this bill and the thousands of U.S. collectors whose property rights and investments will be retroactively crushed.

 

Not to mention that without any collectors market giving things value beyond their metal content, antiquities and coins get melted and sold as scrap silver and gold. There are many cases of this happening.

You can't make something a criminal crime retroactively in the US, that just goes against all legal precedence in this country.

In the United States, the Congress is prohibited from passing ex post facto laws by clause 3 of Article I, Section 9 of the United States Constitution. The states are prohibited from passing ex post facto laws by clause 1 of Article I, Section 10. This is one of the relatively few restrictions that the United States Constitution made to both the power of the federal and state governments before the Fourteenth Amendment.

 

I e-mailed my congressman: Congressional District 36--Congressman Brian Babin, about one of the MOUs. As luck would have it, I saw him a week later when he visited the plant where I work. I asked him about cultural property issues. He said his staff takes care of that kind of stuff. He did not give me any indication he was interested in the issue. All I got from my efforts are lots of e-mails from my congressman.
Now would be a good time for all here to show their support of the ACCG
http://www.accg.us/home.aspx

On a better note, the coin I bought from NN arrived Wednesday!
Caesar Augustus / Tarpeia

 

How many of you voted for anyone based on their position on collecting? Congressmen and Presidents know their bread is buttered by abortion, guns, jobs, taxes and personal indiscretions. I wonder how many congressmen could define the terms used in this question or know which countries are involved in a MOU. I would not be surprised if someone on this list voted for one of the sponsors that bill and probably will again.