[NHCOLL-L:1293] Chinese dinosaur eggs

[Dan_Chure at nps.gov]

I have misplaced the original post, but there was something posted here
recently about an offer of a donation of Chinese eggs to a museum.  Here
are things to consider.

The best account of Chinese law relative to fossils is the following recent
publication:

Schmidt, A.C. 2000.  The Confusciusornis sanctus: an examination of Chinese
cultural property law and policy in action.  Boston College of
International and Comparative Law Review 23(2): 185-228.

The URL is:
http://www.bc.edu/bc_org/avp/lwsch/journals/bciclr/23_2/02.FMS.htm,
although for some reason it is very difficult to print.

At least five natural history museums (4 in Japan and 1 in the US) possess
specimens of the Chinese Early Cretaceous bird Confusciusornis sanctus
which were donated to them by private individuals who were not Chinese
citizens.  As it is clear in the above paper, these specimens could not be
legally exported from China so the donors did not have the ownership rights
to the specimens. Because of this none of the specimens have been put on
exhibit and the Chinese government is negotiating to have the specimens
returned.

Elsewhere in the paper, Schmidt discussed the laws governing Chinese
dinosaur eggs and some trials of Chinese citizens involved in collecting
and selling them without permit. A brief quote is relevant to the problem
the NHCOLL-L poster has about accepting a donation of such eggs:

"In order to protect scientific and cultural artifacts belonging to all
mankind, Xixia County People's Government on June 13, 1993 promulgated
Announcement Concerning Illegal Excavation, Buying and Selling, and
Smuggling of Fossilized Dinosaur Eggs forbidding any unit or individual to
privately dig, buy and sell, or smuggle fossilized dinosaur eggs.  On
December 6, 1993 the State Cultural Bureau in Cultural Relic Document 1122
officially replied to the Henan Province Cultural Relic Bureau
unequivocably pointing out the "fossilized dinosaur eggs ought to fall
within the scope of state cultural protection," "relatively intact
fossilized dinosaur eggs may be tentatively categorized as grade three or
higher cultural relics," and "as to private excavation, selling, and
smuggling fossilized dinosaur eggs should be given severe punishment."  On
December 28 of the same year, the Henan Province People's Government
promulgated the Announcement Concerning Striking Hard Against Criminal
Activities of Illegal Excavation, Selling, and Smuggling of Fossilized
Dinosaur Eggs, which indicates that "any participation in their activities
inciting, inducing illegal excavation, or selling fossilized dinosaur eggs
are included in the scope of criminal behavior ...."  As to the criminals,
we must move to adjudication, and, according to The People's Republic of
China Cultural Relics Protection Law  and the Highest People's Court and
the Supreme People's Procurorate Explanation, bestow severe sanction."

There is much more of the same in this paper --- its well worth reading.

The author concludes that neither the fossil birds, not the dinosaur eggs,
could ever be legally exported from China. Claims of having export papers
for the dinosaur eggs do not hold water in China, I have heard that
government officials who signed such papers were subsequently tried and
received, in some case, stiff prison sentences.  On top of the problems
associated with accepting eggs which can not be legally exported, the
museum is being offered the eggs which they know were not declared when
coming through customs and that might be another violation of (?US) law .

Before accepting any donation of the eggs the museum should probably look
closely at the Schmidt paper and maybe contact her if they have questions.
I believe she is now at a law firm. The nondeclaration issue, if there is
one, should also be looked into.

Best

Dan


________________________
Daniel J. Chure, Ph.D.
Research Scientist
Dinosaur National Monument
Box 128
Jensen UT  84035  USA
ph: 435-781-7703
dan_chure at nps.gov