Opposing Papers on Numismatic Law

RomCoin1

I happened on two opposing viewpoints on the import restrictions on ancient coins in my inbox this afternoon. The first, written by Nathan Elkins, critiques from an archaeological perspective the test case brought by the Ancient Coin Collectors Guild. The case attempted to challenge the breadth of import restrictions against the import of ancient coins, “Ancient Coins, Find Spots, and Import Restrictions: A Critique of Arguments made in the Ancient Coin Collectors Guild’s ‘Test Case’,” Journal of Field Archaeology 40.2 (2015): 236-243. From the abstract:

The Ancient Coin Collectors Guild (ACCG) has launched multiple legal challenges aimed at undermining import restrictions on ancient coins into the United States in bilateral agreements with foreign countries.  One key component of the ACCG’s argument is that the State Department has inappropriately restricted certain types of coins according to where they were made rather than where they are found, as mandated by the 1983 Convention on Cultural Property Implementation Act.  Although the ACCG has thus far been unsuccessful, it has not been pointed out that existing import restrictions on coins, in fact, have been written to include coins that tended to circulate locally and that are found primarily within the borders of the country with which the bilateral agreement is made.  The ACCG’s argument is thus on shaky ground.  As the ACCG continues to press ahead with new litigation, it is worth drawing attention to realities and probabilities of ancient coin circulation as they pertain to protected coins.

 

An opposing view is offered by Wayne Sayles, Executive Director of the Ancient coin Collectors Guild, ‘Ideology, governance and consequences from a collector’s point of view‘, Internet Archaeology 33. From the abstract:

This article is a condensed version of the background paper created for an Ancient Coin Collectors Guild (ACCG) presentation at the 2010 CBA, Tyne and Wear Archives and Museums, and Newcastle University conference in Newcastle, England. It presents a view shared by many American collectors and independent scholars. The ACCG, a member of the International Numismatic Council, is a registered non-profit organisation within the United States but enjoys the active support of members worldwide.