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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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Court Hears Arguments in Baltimore Test Case

Oral arguments will aid in determining whether the ACCG test case should proceed in District Court.

By Peter K. Tompa |
February 15, 2011

On February 14, 2011, the Hon. Catherine Blake heard oral argument on the Government’s motion to dismiss the ACCG’s test case relating to import restrictions on Cypriot and Chinese coins.  The Government has argued the case should be dismissed because the decisions were committed to the discretion of the President’s designee at the Department of State.  

Based on the requirements of the Administrative Procedure Act, the Court focused on what “final agency action” must be reviewed.  The Government maintained that the MOU’s with Cyprus and China constituted the “final agency action” because the President’s designee was the decision maker.  In contrast, the ACCG maintained that the “final agency action” was the Customs regulations that applied import restrictions to coins or the seizure itself.  The ACCG alternatively argued that even if the President’s designee at the State Department was responsible for the “final agency action,” the Court could still review the State Department’s actions because the State Department decision maker does not have unbridled authority in the matter.  

The Court took the motion under advisement and is expected to issue a decision on the Government’s motion in the coming months. 

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