Case Law
II. Cultural Property (Antiquities) Disputes Over Non-United States Property
Includes claims, primarily by foreign countries, for art or objects said to be part of their cultural heritage under patrimony or export laws that restrict the ownership or export of certain types of objects; also includes U.S. Customs Actions or other Cases regarding cultural property brought into the U.S. in violation of U.S. law; and includes some international cases not involving people or property in the U.S.
Relevant Statutes
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Archaeological Resources Protection Act of 1979 ("ARPA, unamended")
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Crimes and Criminal Procedure, 18 U.S.C. § 662, Receiving stolen property within special maritime and territorial jurisdiction
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Crimes and Criminal Procedure, 18 U.S.C. § 545, Smuggling goods Into the United States
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Crimes and Criminal Procedure, 18 U.S.C. § 554, Smuggling goods From the United States
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Customs Duties, 19 U.S.C. §§ 2091-2095, Importation of Pre-Columbian Monumental or Architectural Sculpture or Murals
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Customs Duties, 19 U.S.C. §§ 2601-2613, Convention on Cultural Property Implementation Act ("CPIA")
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Foreign Relations and Intercourse, 22 U.S.C. § 2459, ("Federal Immunity from Seizure Act"), Immunity from Seizure of Cultural Objects Imported for Temporary Exhibition or Display
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Foreign Relations, Restatement 3d of Foreign Relations §§ 443-444, Act of State Doctrine
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Judiciary and Judicial Procedure, 28 U.S.C. § 2465, Return of property to claimant; liability for wrongful seizure; attorney fees, costs, and interest
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Judiciary and Judicial Procedure, 28 U.S.C. § 2467, ("Civil Asset Forfeiture Reform Act"), Enforcement of Foreign Judgment
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National Stolen Property Act ("NSPA"), 18 U.S.C. § 2314, § 2315
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New York Statute - Environmental Conservation Law § 11-0535-a, Illegal Ivory Articles and Rhinoceros Horns (2014)
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New York Statute - Environmental Conservation Law § 71-0924, Illegal Commercialization of Fish, Shellfish, Crustaceans, and Wildlife
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War and National Defense, 50 U.S.C.A. App. §5 (1968 and Supp. 1989), Trading With the Enemy Act ("TWEA")
Case Summaries
A . Out-of-Court Settlements in the United States
- Cyprus Recovers Byzantine Frescoes with Help of Menil Collection
- France Claim Against Cleveland Museum of Art
- Hellenic Republic v. Michael Ward, Inc.
- In the Matter of a Grand Jury Investigation into a Private New York Antiquities Collector (Michael Steinhardt)
- Italy Claim Against Getty Museum
- Italy Claim Against Metropolitan Museum of Art for Euphronios Krater and Morgantina Silver
- Italy Claim Against Museum of Fine Arts, Boston
- Mali Claim Against MFA, Boston for Terracotta Objects
- Mexico Claim Against de Young Museum for Teotihuacan Murals
- Peru v. Yale University
- Republic of Turkey Claim Against Museum of Fine Arts, Boston for Statue of Herakles
- Thailand Claim Against Art Institute of Chicago for Khmer Temple Lintel
B . Foreign Government and Other Foreign Party Cases Decided in the United States
1. Foreign Government Cases
- Autocephalous Greek-Orthodox Church v. Goldberg & Feldman Fine Arts, Inc.
- Peru v. Johnson
- Republic of Croatia v. Trustee of the Marquess of Northampton
- Republic of Turkey v. Metropolitan Museum of Art
- Republic of Turkey v. OKS Partners
- Rubin v. Islamic Republic of Iran
- The Sidon Bull's Head (Beierwaltes, Steinhardt and Metropolitan Museum of Art)
2. Foreign Private Party Cases
C . Ongoing Claims/Disputes in the United States
- Barnet & Sotheby's v. Greece
- Brokerarte Capital Partners, LLC v. Detroit Institute of Arts
- Guatemala Claim Against Museum of Fine Arts, Boston for Pre-Columbian Objects
- People of New York v. Wiener
- Republic of Turkey v. Christie’s, Inc.
- United States v. Alcharihi
- United States v. Latchford
- Vance v. Kapoor
D . United States Customs Actions/Cases
- Ancient Coin Collectors Guild v. Customs Department
- Ancient Coin Collectors Guild v. State Department
- Cernuda v. Heavy
- In re Search Warrant Executed Feb. 1, 1995
- In the Matter of Items Seized from the Park Avenue Armory (Persepolis relief)
- New York v. Morano
- People of New York v. Freedman (Kapoor Case)
- United States v. A Roman Marble Torso of Artemis
- United States v. An Antique Platter of Gold
- United States v. An Original Manuscript Dated November 19, 1778 Bearing the Signature of Junipero Serra
- United States v. Anderson
- United States v. Bernstein
- United States v. Chait
- United States v. Dere and Khan
- United States v. Eighteenth Century Peruvian Oil on Canvas Painting
- United States v. Four Hundred Fifty Ancient Cuneiform Tablets (Hobby Lobby)
- United States v. Gordon
- United States v. Hollinshead
- United States v. Johnson
- United States v. Khouli
- United States v. Krizan
- United States v. Liao
- United States v. Mask of Ka-Nefer-Nefer
- United States v. McClain
- United States v. One Cuneiform Tablet Known as the “Gilgamesh Dream Tablet” (Hobby Lobby)
- United States v. One Tenth-Century Marble Wall Panel Sculpture
- United States v. One Tyrannosaurus Bataar Skeleton
- United States v. Pre-Columbian Artifacts
- United States v. Schultz
- United States v. Twenty-Nine Peruvian Artifacts
- United States v. Zheng
E . International Cases
1. Civil Cases/ Disputes Decided or Settled
2. Criminal Cases