Legislation that could lock Native American art within U.S. borders is pending again in Congress. The STOP Act threatens the tourist-dependent economy in the Southwest, calls for an unworkable export regime with no time limits, applies to objects of any age and value, lacks Constitutional safeguards and operates in secrecy – denying Freedom of Information Act access even to an exporter whose goods are seized. The STOP Act would require tourists as well as commercial exporters to submit photos and forms and obtain permissions for exports as low as $1 value.
This latest version of STOP is identical to a bill that was introduced in the Senate and was passed by the Senate, but not the House, at the end of 2020. ATADA has major concerns with STOP’s secrecy, its lack of transparency and public accountability.
ATADA supports halting illegal trade, whether it takes place in the US or overseas. We worked together with the Acoma Pueblo in 2018 to do exactly that, in a bill introduced by former NM Congressman Steve Pearce, H.R.7075.
ATADA fully supports bringing sacred items back to tribes. This is the goal of our highly successful Voluntary Returns Program, which has brought over 400 sacred objects to Native American Sovereign Nations over the last five years.
Here’s how the current STOP Act goes beyond its stated objective to ban export of illegal items:
Placing the burden of proof of lawful purchase from tribes on the exporter. The lack of ownership history of most items creates a de-facto export ban.
STOP lacks a “knowing” standard threatening law-abiding citizens with criminal prosecution.
Even “solely commercial” items can be denied export at the discretion of a tribe.
It puts no time-limit on certification review serving as a bar to commercial transactions and foreign museum loans.
Tribes have the right to review of all certification applications and appeals are limited, giving tribes unchecked authority to ban any and all exports.
Tribal communications and application records are exempt even from Freedom of Information Act requests, denying exporters access to evidence to contest seizures.
The ultimate long-range goals of STOP may be those articulated by the Association of American Indian Affairs/AAIA. The AAIA has said that: “Title to items of Native American cultural heritage must be vetted with affiliated Tribal Nations.”