My friend who works on the Hill just forwarded me this Dear Colleague letter which is now circulating in the House of Representatives. I am sending it to the list as an FYI on the Iraqi Culture saga, and, to alert anyone who would like to contact their Representative to urge them to cosponsor (or not) this bill. Kristen -----Original Message----- From: Morgan, Sarah Sent: Wednesday, May 14, 2003 3:56 PM To: Dear Colleague Subject: Dear Colleague; Iraq; H.R. 2009 -- "The Iraq Cultural Heritage Protection Act" THE IRAQ CULTURAL HERITAGE PROTECTION ACT H.R. 2009 WHY WE NEED THIS BILL NOW.......... Aren't there import restrictions against Iraq already in place? At this moment, efforts are underway to lift the sanctions against Iraq. While that is generally a good thing, once it happens, there will be nothing to prevent illegally-procured cultural material from coming in with legitimate Iraqi trade goods. But it's already illegal to import stolen material. While it is illegal to import stolen goods, you have to know what material has been stolen in the first place. Take the Baghdad Museum. Thousands, perhaps tens of thousands of pieces were taken, and although most of these were inventoried, the Museum's records were completely trashed. Computer disks were destroyed, and photos and paper records ransacked and tossed into massive piles. It will take months for the records to be put back in order, and more time after that to compare the inventory with the records to find out what's missing. Even then, many of the pieces could be broken down, disguised, or have their inventory numbers removed. Can't we take care of it with existing law? Under the Convention on Cultural Property Implementation Act (CPIA), a nation can request that it and the U.S. enter into a bilateral agreement under which the U.S. will impose import restrictions in order to prevent cultural property stolen or illegally exported from entering the U.S. However, this process takes time - the State Department has to publish a Federal Register notice, then a special committee has to meet, and then a recommendation report has to be drafted, and a bilateral agreement negotiated before import restrictions can be imposed. In the past, this process has taken at least a year. But the real problem is that THERE IS NO GOVERNMENT IN IRAQ TO REQUEST THE RESTRICTIONS IN THE FIRST PLACE. But the President can impose emergency import restrictions under the CPIA. It is true that under the CPIA, the President can impose a set of emergency import restrictions in the event of a crisis situation where pillaging is rampant, but the process described above still has to be completed. The only difference between the regular process and the "emergency" process is that the U.S. can impose import restrictions without a bilateral agreement being finalized. Just how big is this problem? It wasn't just the Baghdad Museum that was looted. Museums in cities across Iraq were pillaged, including in Mosul and Basra. Archaeological sites such as the ruins of Babylon and many lesser-known places have also been targeted. Objects from these sites are even more difficult to trace, because they have never been recorded. And it is still going on - just a few days ago armed looters held up the staff of the site at Nineveh and made off with 3000 year old bas relief sculptures. So what would H.R. 2009 do? First, it would prohibit the importation of any Iraqi antiquity or cultural object that left Iraq after August 2, 1990, the date that sanctions were imposed. If documentation can be shown that it was shipped out of Iraq prior to that date, then there is no problem. This provision of the bill has the effect of keeping the current sanctions in place, but only for Iraqi antiquities and cultural materials. It would amend the CPIA to grant the President REAL emergency powers, and put import restrictions in place without the elaborate procedure currently required. It would also allow the President to impose import restrictions for nations that are not party to the Convention on Cultural Property. This would help stem the flow of looted artifacts from such nations as Afghanistan, where looting is endemic, and there is little hope that its government will join the Convention anytime soon. If you have questions or need further information about H.R. 2009,"The Iraq Cultural Heritage Protection Act," or to have your name added as a cosponsor, please contact Christine Rogala with Congressman English at x5-5406 or Sarah Morgan with Congressman Leach at x5-6576. Sincerely, /s Phil English Member of Congress /s James A. Leach Member of Congress __________________________________________________________________ Mail submissions to [log in to unmask] For information about joining ARLIS/NA see: http://www.arlisna.org//membership.html Send administrative matters (file requests, subscription requests, etc) to [log in to unmask] ARLIS-L Archives and subscription maintenance: http://lsv.uky.edu/archives/arlis-l.html Questions may be addressed to list owner (Kerri Scannell) at: [log in to unmask]