The Antiquities Market: News and Commentary on the Illicit Traffic in Antiquities

Abstract

Wind God Foils Smuggler's Breeze through Customs

Laura Scanlan's article describing the seizure at U.S. Customs and the eventual return to Mexico of several important Precolumbian artifacts is reprinted here with permission from Customs Today, 17:2 (1982) 2–3. Both the story itself and the act of reprinting emphasize the growing cooperation between archaeologists and the U.S. Customs Bureau in cases involving antiquities. Karen Bruhns and Connie Fenchel (see below) have been an effective team in pursuing cases involving antiquities smuggling in the San Francisco area. In the Bernstein case (see below “A Lawyer Looks at U.S. Antiquities Laws”) archaeologists also provided professional evaluations and consultation to customs officials. Both the Mexican case described here by Scanlan and the Bernstein case were initiated through improper customs declarations, which were recognized by alert customs inspectors familiar with the value of antiquities and the significance of the illicit trade.

These cases suggest a way for many archaeologists who have said they would like to help curb the illicit trade but did not know how to do so. There are customs offices in most large U.S. cities. They are the places where antiquities enter this country. Special Agent Fenchel pointed out, during her presentation at the Legislative Session of the AIA in San Francisco, that most antiquities cases in this country have begun with an improper customs declaration. If this is so, the effectiveness of existing law governing the antiquities trade depends largely on the ability of customs inspectors to recognize antiquities and to evaluate their accompanying declarations. Even when/if the UNESCO Convention is implemented, its enforcement will be largely in the hands of customs inspectors. Thus, professional archaeologists could make a substantive contribution toward curbing import of illicit antiquities by introducing themselves at their local customs office and offering to make available their professional advice on cases involving antiquities. Local archaeological societies might consider offering seminars for their local customs inspectors on ancient art and archaeology and the pertinent laws and market values, to help increase the ability of customs inspectors to recognize antiquities in the course of their work. Just knowing that there is expert help available locally to identify and evaluate antiquities, or to find another expert who might be able to do so, could make local customs inspectors more sensitive to the issues involved and more likely to catch violations.