Werkheiser International Cultural Property Trusts

8/8/2019 Werkheiser International Cultural Property Trusts

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INTERNATIONAL CULTURAL

PROPERTY TRUSTS

MARION F. WERKHEISER, ESQ.

13th

US/ICOMOS International Symposium, May 22, 2010


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The Challenge

This map shows

major ancient Mayan

sites distributedacross the modern

states of Mexico,

Guatemala,

Honduras, ElSalvador and Belize.

http://www.latinamericanstudies.org/maya/preclassic-map.jpg


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The Challenge

This map shows the expansion of the Inca

Empire in South America, overlaid on modern

national borders.

Moche sites are

predominantly

located in northern

Peru, but objectssimilar to those

created by the Moche

have been found inEcuador and Bolivia.


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Sipn

Photos by Donald Craib


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National Stolen Property Act

Source countries invoke national ownership laws to

reclaim objects in U.S. courts. They must prove:

WHERE: Objects came from their country;

WHEN: Countrys ownership law was in effect before

the objects left the country;

HOW: Objects left the country in violation of the

ownership law;

RECIPROCITY: The country enforces its own laws. (2ND

Circuit)


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Cultural Property Implementation Act

Requires source countries to request that U.S. adopt

their export restrictions as U.S. import restrictions

Countries must establish:

Sites are subject to pillage;

It is enforcing its own laws;

Less drastic measures are not available;

Import restrictions are being applied in other marketcountries (in concert);

Restrictions are in the best interest of the international

community.


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The Challenge

Defendants can expose weaknesses in the system:

Undocumented findspot

Timing of export: before or after the law/ source

countries will have different effective dates

National ownership laws may not be ironclad (e.g.,

exempt some classes of objects, or really function as an

export law)

Collective action problem: why does the U.S. have to be

first to restrict import?


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ICPT Features

Unanimity

Clear definition of what cultural property is

included

Establish true ownership

Address what happens when new finds alter the

understanding of the culture

Board composition

Funding mechanism


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Legal Benefits

Produce a single claimant in U.S. courts

Close loopholes and make it easier to prove that

objects are stolen under the National Stolen

Property Act

Make treaties negotiated under the Cultural

Property Implementation Act more efficient and

effective


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Other Benefits

Scholarship

Research

Public Education International Exchange

Stewardship


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Challenges to ICPTs

Require significant and sustained international

cooperation on a large scale

Political will and resource commitments to sustain the

trust

Holdout problem


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Contact Information

Marion Forsyth Werkheiser

Attorney at Law(703) 489-6059

[email protected]

Documents

Werkheiser International Cultural Property Trusts