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<p>[QUOTE="lrbguy, post: 3155765, member: 88829"]That struck me about today's decision as well. If the coins had been bunched like uncleaned coins in a non-specific accumulation, they would most likely travel under the radar. However, if a government agent examined them and attributed them, rightly or wrongly, whatever they determined was on the list of forbidden types would be culled out and held. What they cannot do is seize the lot indiscriminately and hold it indefinitely.</p><p><br /></p><p><br /></p><p><br /></p><p>That was not quite what happened today. The precedent you fear was set back on Oct 12, 2012 in the decision of the appellate court of Maryland on the case this court referenced as <i>Ancient Coin I</i>. The court today stood by that earlier set of rulings in denying the ACCG insistence upon the "first discovery" principle, mainly on the ground that it would draw the court into second guessing matters of executive decision making about cultural property and the State Department's need to freely negotiate with foreign powers in diplomacy situations where they need that free hand to assure the greatest good to US interests.</p><p><br /></p><p>That was the stopper in 2012, and this court was not going to cross into that again.</p><p><br /></p><p>Our condolences to Peter Tompa, who fought the good fight all this time.</p><p><br /></p><p>Here's the thing though, if a dealer in London wants to sell me an ancient from Cyprus, or China, that is on the forbidden list for US import, it will be permitted if someone can prove that the coin left the country of first origin more than ten years prior to coming to the US. Buried in all that is the recognition that if coins leave a country as part of international commerce, they are "given up" to the other country by the exchange. If a buyer can establish that for the last ten years or more a coin was not in the country of origin, it can come in. </p><p><br /></p><p>As always, know your seller.[/QUOTE]</p><p><br /></p>
[QUOTE="lrbguy, post: 3155765, member: 88829"]That struck me about today's decision as well. If the coins had been bunched like uncleaned coins in a non-specific accumulation, they would most likely travel under the radar. However, if a government agent examined them and attributed them, rightly or wrongly, whatever they determined was on the list of forbidden types would be culled out and held. What they cannot do is seize the lot indiscriminately and hold it indefinitely. That was not quite what happened today. The precedent you fear was set back on Oct 12, 2012 in the decision of the appellate court of Maryland on the case this court referenced as [I]Ancient Coin I[/I]. The court today stood by that earlier set of rulings in denying the ACCG insistence upon the "first discovery" principle, mainly on the ground that it would draw the court into second guessing matters of executive decision making about cultural property and the State Department's need to freely negotiate with foreign powers in diplomacy situations where they need that free hand to assure the greatest good to US interests. That was the stopper in 2012, and this court was not going to cross into that again. Our condolences to Peter Tompa, who fought the good fight all this time. Here's the thing though, if a dealer in London wants to sell me an ancient from Cyprus, or China, that is on the forbidden list for US import, it will be permitted if someone can prove that the coin left the country of first origin more than ten years prior to coming to the US. Buried in all that is the recognition that if coins leave a country as part of international commerce, they are "given up" to the other country by the exchange. If a buyer can establish that for the last ten years or more a coin was not in the country of origin, it can come in. As always, know your seller.[/QUOTE]
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Court ruling on importation of ancient coins!
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