Source: US FBI
How Repatriation Works
While the legal process behind a cultural repatriation can be complex, in this case, it essentially consisted of two phases.
The first phase was civil forfeiture—or the process by which a court deems an item official property of the United States government.
The second phase was a petition of remission. This gives the U.S. government permission to return an artifact to a foreign government. After a defined waiting period—designed to let people with legal claims to an artifact appeal the civil forfeiture—passes, the petition of remission is granted, and the repatriation can proceed.
At that point, the FBI can organize an artifact’s return to its country of origin.
“In this case, I hand-carried the object with me and was met at the airport by the Mexican authorities and the legal attaché,” Koch recalled. “In other instances, if the objects are very large, the case agents work with both fine-art shipping companies to have the items properly crated and shipped and with the local U.S. embassy or consulate to have those shipments made into diplomatic pouches to get those items returned to the country.”
From start to finish, the repatriation process can take years. But in the case of Cortés letter, Koch said, it took just over 13 months.
“I want to thank our colleagues at the Archivo General de la Nacion [Mexican National Archives], the Fiscalia General de la Republica [Mexican Federal Prosecutor’s Office], and the Department of Justice for the swift actions taken on this case to bring home an invaluable piece of Mexican history,” said Supervisory Special Agent Angel Catalan, who leads the FBI legal attaché in Mexico City. “The FBI will continue to collaborate with Mexican entities to identify, trace, and repatriate other items of immeasurable value that belong to Mexico’s historical and cultural patrimony.”
“Mexico’s General Archive is grateful to the Federal Bureau of Investigation for the assistance, coordination, dedication, and effort they showed in defending the interests of Mexico’s national memory, which resulted in the repatriation of the payment order signed by Hernán Cortes in 1527,” said Dr. Carlos Enrique Ruiz Abreu, director general del Archivo General de la Nación. “I am sure that by working together, the United States and Mexican authorities, we will continue protecting the historical legacy of our peoples, acting as authentic guardians of their cultural heritage.”
Recovering the Remaining Documents
According to Koch, 14 other documents signed by Cortés are still missing.
If you are within the United States and have any information about the other documents’ whereabouts, submit a tip to the FBI by calling 1-800-CALL-FBI (1-800-225-5324) or visiting tips.fbi.gov.