scholarly journals Narratives of the provenance of art and antiquities on the market and the reality of origins at the source

2021 ◽  
Vol 32 (18 N.S.) ◽  
pp. 117-124
Author(s):  
Samuel Andrew Hardy
Keyword(s):  
North America ◽  
Political Violence ◽  
Art Market ◽  
Due Diligence ◽  
Cultural Goods ◽  
Cultural Objects ◽  
Illicit Flows ◽  
Provenance Research ◽  
Illicit Trafficking ◽  
Regional Problems

This essay presents the findings of the International Conference on Handling of Cultural Goods and Financing of Political Violence and introduces provenance research that examines the market in Europe for antiquities from Asia and the market in North America for antiquities from Europe. It summarises findings, such as the involvement of violent political organisations, transnational organised criminals and politically-exposed persons (PEPs) in illicit trafficking of cultural objects. It also highlights some foundations for progress, such as enhanced traceability and due diligence in the art market, plus action and cooperation to respond to illicit flows as regional problems.   On cover:ANNIBALE CARRACCI (BOLOGNA 1560 - ROME 1609), An Allegory of Truth and Time c. 1584-1585.Oil on canvas | 130,0 x 169,6 cm. (support, canvas/panel/str external) | RCIN 404770Royal Collection Trust / © Her Majesty Queen Elizabeth II 2021.

scholarly journals Private ‘Rescue’-by-Purchase of Stolen Cultural Goods: The Material and Social Consequences and the Complicity of Europe and North America

2020 ◽  
Vol 9 (3) ◽  
Author(s):  
Samuel Andrew Hardy
Keyword(s):  
North America ◽  
Money Laundering ◽  
Organised Crime ◽  
Social Consequences ◽  
Cultural Goods ◽  
North West ◽  
The World ◽  
Illicit Flows ◽  
Global North ◽  
Organised Crime Groups

‘Rescue’ has long provided a justification for the handling of illicit cultural goods, yet the specific consequences of this practice have not been systematically documented. This paper draws on historic, recent and still-emerging cases around the world to assess the resurgent argument that looted antiquities and stolen artefacts should be rescued through purchases made by private collectors. It shows that the practice is promoted by politically exposed persons, who use it for money laundering and reputation laundering; that proceeds from the practice may be received by transnational organised crime groups; and that its social and political acceptability is exploited to facilitate fraud and embezzlement. While many of these cases demonstrate complicity on the part of elites and authorities within the societies that are victimised, they are emblematic of the global structure of this enterprise. They also reaffirm the complicity of markets and authorities in the Global North/West in illicit flows of cultural assets that are exceptionally harmful to societies in the Global South/East.

scholarly journals Nowe regulacje dotyczące przeciwdziałania praniu pieniędzy w obrocie dziełami sztuki. Między implementacją V AMLD a rozwiązaniem systemowym

2021 ◽  
Vol 7 (1) ◽  
pp. 61-82
Author(s):  
Wojciech Szafrański
Keyword(s):  
Money Laundering ◽  
Art Market ◽  
Essential Elements ◽  
Due Diligence ◽  
Legal Regulations ◽  
Cultural Goods ◽  
Art Collectors ◽  
Works Of Art ◽  
Terrorism Financing ◽  
Legal Concepts

New regulations to counteract money laundering in the trading of works of art. Between the implementation of AMLD V and the systemic solution Implementing the 5th AML (Anti-Money Laundering) Directive in the form of a 2021 amendment to the Act on Counteracting Money Laundering and Terrorism Financing in Poland is of fundamental importance for the market. It will be binding upon entities such as entrepreneurs operating in the field of trading in works of art, collectors’ items, and antiques covered by transactions worth at least 10,000 euros. The AML Directive presents a fragmentation of the Polish legal regulations on trade and thus the obligations imposed on intermediaries in the art market, depending on whether the regulations are developed based on cultural heritage protection regulations or economic and financial regulations. It shows the incompatibility of concepts used in both fields and the range of meanings of legal concepts that are directly relevant for the law’s application, and the specification of obligations imposed on entrepreneurs specialized in the trade of what is broadly understood as cultural goods. The essential elements of AML, crucial for entities operating in the art market, were presented. Attention was also paid to further work on trading regulations based on the due diligence model.

Die identitätsstiftende Wirkung national wertvoller Kulturgüter

2021 ◽  
Author(s):  
Benita Böhm
Keyword(s):  
The State ◽  
Cultural Property ◽  
Cultural Goods ◽  
Cultural Objects ◽  
Cultural Assets ◽  
Privately Owned

The thesis determines under which conditions privately owned cultural objects have an identity-forming effect on Germany's culture and are to be entered in the so-called register of nationally valuable cultural goods. It then designs a checklist for the application of these undefined and ideologically connoted legal terms. According to the Cultural Property Protection Act, nationally valuable cultural goods are subject to an export ban. In this way, the state interferes with the freedom of ownership, since the sale of these cultural assets abroad is practically impossible and their value is diminished. The work is not only aimed at legal practitioners in the administration and courts, but above all at private owners of cultural property.

Cultural Property Protection in the Light of the New Law of FRG 2016

2016 ◽  
pp. 199-212
Author(s):  
V. Soloshenko
Keyword(s):  
Cultural Values ◽  
Cultural Property ◽  
Federal State ◽  
Private Ownership ◽  
German Government ◽  
Cultural Objects ◽  
Balanced Approach ◽  
The World ◽  
New Challenges ◽  
Illicit Trafficking

Preparations for the adoption of the new Law on Cultural Values Protection, its discussion and debates, that seriously puzzled the German Government, and also caused acute criticism from the representatives of the world of art are analyzed. Attention is focused on approaches to the important and quite complex in this regard issue concerning preservation of illegal movement of cultural objects that belong to the cultural heritage of the state. The main purpose of the bill is to enhance the protection of cultural property and effectively combat the illicit trafficking of them. The intentions of the Federal Government to integrate pre-existing laws in the field of cultural values into one law are very important. The main principles of the law in the new edition are protection from being sold overseas collections of state museums, including exhibits from private ownership that are in museums temporarily. It is highlighted that under current legislation, in each federal state of art and other cultural treasures, including libraries, must be entered in the register of national cultural values. These items have privileges in taxation, their export outside Germany requires special permission from the Ministry of Internal Affairs of Germany, which can be stipulated for a number of restrictions and reservations. In the article it is underlined that he XXI century has set new challenges and tasks for German scientists that require operational, but balanced approach in their solution.

Measures against the illicit trade in cultural objects: the emerging strategy in Britain

Antiquity ◽  
2004 ◽  
Vol 78 (301) ◽  
pp. 699-707 ◽  
Author(s):  
David Gaimster
Keyword(s):  
Hague Convention ◽  
Due Diligence ◽  
Criminal Offence ◽  
State Party ◽  
Cultural Objects ◽  
Illicit Trade ◽  
Illicit Market ◽  
The World ◽  
Unesco Convention ◽  
The Uk

Until recently the UK was notorious for its illicit market in unlawfully removed art and antiquities from around the globe. Today the UK marketplace is operating in a very different climate. The UK has recently become a state party to the 1970 UNESCO Convention and is now introducing a package of measures designed to strengthen its treaty obligations, central to which is the creation of a new criminal offence of dishonestly dealing in cultural objects unlawfully removed anywhere in the world. These also include the development of effective tools to aid enforcement and due-diligence. Recent events in Iraq have also forced the UK Government to announce its intention to ratify the 1954 Hague Convention.

scholarly journals Art Lawyers’ Due Diligence Obligations: A Difficult Equilibrium between Law and Ethics

2015 ◽  
Vol 22 (2-3) ◽  
pp. 401-417 ◽  
Author(s):  
Sandrine Giroud ◽  
Charles Boudry
Keyword(s):  
Money Laundering ◽  
Art Market ◽  
Due Diligence ◽  
Criminal Sanctions ◽  
Suspicious Transaction ◽  
Law And Ethics ◽  
Terrorism Financing ◽  
Professional Guidelines

Abstract:This article examines the duties of diligence of lawyers when handling art-related matters. Due diligence is paramount to any activity in the art market and a key element in ascertaining ownership, authenticity or provenance. In particular, it is a benchmark to help determine the existence of possible criminal activities, including money laundering, terrorism financing or document forgery, to which the art market is regularly exposed. The question arises as to the obligations incumbent to art lawyers who are privileged witnesses of the functioning of the art market. Such obligations include in particular the duty to enquire on the particularities of a transaction, the duty to terminate a mandate or the duty to report any suspicious transaction under threat of civil or criminal sanctions. A survey has shown that art law specialists would welcome more guidance in the form of tailored regulations or professional guidelines.

scholarly journals Własność znalezisk – wybrane zagadnienia związane z cywilnoprawną sytuacją poszukiwacza zabytków

2021 ◽  
Vol 7 (1) ◽  
pp. 83-100
Author(s):  
Katarzyna Zalasińska
Keyword(s):  
Civil Law ◽  
Art Market ◽  
Legal Protection ◽  
The State ◽  
Direct Impact ◽  
Cultural Goods ◽  
Legal Situation ◽  
Legal Nature ◽  
The Subject ◽  
Archaeological Monument

Ownership of finds – selected issues related to the civil law situation of a monument finder The subject of this paper is the analysis of the civil law situation applying to those who acquire a find in Poland (i.e. finders). Legislators have differentiated the civil and legal situation of a finder depending on whether the find is, in particular, a historical monument or an archaeological monument. The regulations governing the ownership of finds have a direct impact on the level of their legal protection. This applies especially to archaeological monuments owned by the State Treasury. The elimination of risks associated with the illegal export and transfer of ownership of archaeological artefacts acquired as a result of an illegal search should result not only from regulations of an administrative and legal nature, which are discussed in the article, but also to ensure the security of the trade in cultural goods by regulating the functioning of the art market in Poland.

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