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NOTICE ON MAY 2017 AMENDMENTS TO BYLAWS / STOP Act Update (click to read)
A number of questions regarding ATADA policies have been raised since the May 22, 2017 Santa Fe symposium, which included coverage of the ATADA Voluntary Returns program and the amended ATADA Bylaws, and presented ATADA’s legal response to the STOP Act. This note is to address some of those questions. We strongly encourage all members to review the changes to Articles X and XI in the ATADA Bylaws.
ATADA is a professional business organization and its primary interest is to protect the business interests of its members. ATADA remains fully committed to its original objectives, as stated on the Bylaws and Policies page of the ATADA website:
“…We support the lawful circulation, trade, collection, preservation, appreciation, and study of art and artifacts from diverse cultures. Our objectives are to promote ethical and professional conduct among art dealers, to encourage the responsible collecting, research, and study of tribal arts and culture, and to educate the public in the contribution of tribal cultures to the wealth of human experience.”
ATADA is following a multi-pronged path in order to effect positive change in the STOP Act and to increase understanding between tribes, legislators and the art trade. Along with the Voluntary Returns program and legislative input, recent amendments to the ATADA Bylaws have been enacted by the ATADA Board.
These amendments are intended to codify standard best business practices and to harmonize ATADA’s due diligence policies with those of other art trade organizations. In this, ATADA is in line with other professional art organizations in Europe and the US. Proper due diligence will protect ATADA members from false claims of poor organization, money laundering or dealing in stolen objects. These due diligence standards can be found under the Bylaws’ Article X – Trade Practices, Ethics, and Guarantees.
The Bylaws also establish ethical guidelines for ATADA members with respect to the sale of certain limited types of objects. Article X states that ATADA dealers will not deal in a very limited subset of objects that are “known to be of important current sacred, communal use to Native American tribal communities.” These terms do not include the word “ceremonial,” which is often too broadly applied. Objects ATADA has identified as inappropriate to sell are “Zuni war gods, Acoma and Laguna flat and cylinder dolls, Hopi ‘friends’, and Navajo masks,” “altar elements and items from shrines belonging to the community.” Sale of these items is already not allowed in many of the shows in which ATADA dealers sell.
Article X also states that, “ATADA does not regard items made for commercial or individual use by Native American artisans as sacred, or communal, regardless of age.” Defending this legal trade in Native American and other tribal objects is an essential task for ATADA, as a primary representative of the tribal art trade in the U.S. and internationally.
ATADA encourages members to send questions about ATADA’s policies to David Ezziddine at email@example.com