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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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Ruling in FOIA case condones DOS intransigence

A long-awaited ruling fails to address serious issues within the U.S. State Department bureaucracy.

November 23, 2009

US District Court Judge Richard Leon—well known for his pro-government views—has issued a ruling upholding the State Department’s refusal to disclose information about the controversial decisions to impose import restrictions on coins of Cypriot and Chinese type. The Ancient Coin Collectors Guild and the other Plaintiffs in this suit remain committed to seeking transparency and accountability from the State Department (DOS) bureaucracy and are considering whether to appeal this ruling to the United States Court of Appeals for the District of Columbia Circuit.

Despite the disappointing decision, this litigation was in many ways a win for the plaintiffs. The mere fact that ACCG and the other Plaintiffs brought this FOIA action forced the State Department to process all the Plaintiff's FOIA requests--including some that had been ignored by DOS for as much as three years. As a result of this action, literally hundreds of pages of requested text were released and the State Department was prompted to produce documents implicating high level political interference as the reason for the Cypriot decision. Other information stemming from this litigation suggests that State Department personnel added coins to the Chinese request without a formal request from China for that inclusion. The decision rendered by Judge Leon dealt with those items still remaining on the plaintiff's list that DOS had refused to release. While the plaintiffs obviously would have been happier with a summary judgment on their motion, the process was not without considerable rewards.

Some of the hundreds of pages of documents released by DOS

The Ancient Coin Collectors Guild still plans to pursue a test case regarding whether those import restrictions were promulgated in an arbitrary and capricious fashion. A copy of Judge Leon’s Memorandum Opinion can be found here.

Tags:
state department
cyprus
china
foia

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