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Conder101 said:
The question is was it a Spanish military ship? Pretty much every country of the world accepts the concept that the wrecks of warships of a country belong to that country no matter where they are.
Spain claims that at the time, every single ship sailing from Spanish ports was sailing under the command and authority of the Spanish navy, and therefore every single Spanish ship was technically a "warship". Even if it's primary role was as a treasure barge.
Of course, if Spain's primary concern was the desecration of it's war graves, it should publicly announce that if it wins the case it will dump all the coins back in the sea again.
Several people have expressed the sentiment that the Spanish government is out for money - they're not. Spain is going to lose money on this deal, whatever the outcome. They have no intention of selling off the Black Swan coins themselves nor or ever allowing any of them to ever be sold to collectors. If they win custody of the coins and artefacts, Spain will have to pay to build a museum (in Spain) to house them in. The only "gain" Spain would make from them is as an asset; some future Spanish government that cared more about balancing budgets than cultural heritage might consider selling them off, but the current one does not and will not.
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pls said:
I read several years ago that it was illegal in Serbia for private individuals to remove Roman artifacts - mostly coins, of course - from the ground. And yet most of the treasure troves of Roman coins are found in the Balkans - the former Yugoslavia, Bulgaria, Romania, in addition to Turkey and Germany... Is anyone else living in Europe, Africa, and the Mideast under these same strictures?
Serbia's got nothing on the restrictive laws in place in Turkey, Israel, Egypt and most other countries where ancient civilizations once thrived. Of course, such laws are meaningless if the government there lacks the money and manpower to do anything about enforcing them; such is the situation in many former Eastern Bloc countries.
Top of the list of countries that not only have draconian laws but have the will to enforce them is Greece, where the Ministry of Education and Religious Affairs (which guards Greece's cultural heritage) is one of the largest and most powerful government bureaucracies. By Greek law, any object older than 1820, whether still buried in the ground, underwater, or sitting in a collection somewhere, belongs to the State. Non-citizens may not possess them. Greek citizens who are collectors of pre-1820 coins are custodians, not owners; they are allowed to buy and sell the rights to be their custodians (only to other Greek citizens) but they can't actually sell, export, hide or damage the coins themselves. They have to register their collections and be able to present them on demand to any government archaeologist or historian that wishes to examine them. Owning a metal detector is illegal. They've
prosecuted coin dealers and museums in Britain and the US for handling stolen objects. They'll even
join the forum in an attempt to track down coin smugglers.
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pls also said:
Does that mean that I have illegally-obtained Roman and Byzantine coins in my possession?
The balance of probability is that most if not all of the people who dug up and sold the ancient and mediaeval coins we now own, were breaking local laws when they did so. In that sense, the answer to your question is, "most probably, yes". But if your coins have no provenance - and in all likelihood the only "provenance" you will have is, "I bought it from a dealer" - then you can never be sure one way or the other.
Don't say "infinitely" when you mean "very"; otherwise, you'll have no word left when you want to talk about something really infinite. - C. S. Lewis