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The Ancient Coin Collectors Guild has become a driving force in the ongoing effort to protect coin collectors and museums in which coins are stored from being forced to give up these items to foreign governments under the premise the coins are the cultural patrimony of the claimant nation. — Richard Giedroyc, World Coin News April 26, 2010

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Briefing Completed on Government’s Motion to Dismiss Test Case

The initial motions in the ACCG test case in Baltimore are now before the judge for determination of the next phase. It should be emphasized that the 132 pages of filings attached here are merely the opening phase of this case that will determine whether the case continues. In view of the approach taken by U.S. attorneys to date, it is very likely that the ACCG, U.S. State Department, U.S. Customs and the Department of Justice will be engaged in this litigation for a considerable period of time. (wgs)

By Peter K. Tompa |
September 29, 2010

The parties to  the ACCG’s test case have completed briefing on whether the Court should retain jurisdiction over the matter.   Last June, the Government asked a US District Court to dismiss the ACCG’s test case, claiming that the State Department’s controversial decisions to impose import restrictions on Cypriot and Chinese coins were not subject to judicial review.  In response, ACCG has argued  that  Defendants cannot overcome the presumption of reviewability of their actions.  The Administrative Procedure Act, 5 U.S.C. § 704 (“APA”) empowers this Court to review “final agency action.”  Here, the “final agency action” is that of Defendant U.S. Customs and Border Protection (“CBP”), making the matter reviewable.  Even assuming the powers of Defendant Assistant Secretary of State (Bureau of Educational and Cultural Affairs) derive from those of the President,  ACCG argues that statutory limits on that discretion subject Defendants’ actions to judicial review.
 
Copies of the parties’ briefs (without exhibits) can be downloaded as Initial Motions by clicking here.
 
ACCG has also asked the Court for leave to file the included Surreply brief.
 
A decision from the Court as to whether the test case will go forward is expected in the upcoming months.

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