Looted Antiquities

A group of objects belonging to dealers who took part in the BRAFA art fair in Brussels were seized following an investigation by Interpol.

For better or worse, Brexit is finally set to proceed and will be a major factor in the year ahead – as will timed auctions, anti-money laundering rules, the looming prospect of a near-total ivory trade ban, antiquities challenges and a new buying ethos based on cultural sensitivities, changes at major fairs and a growing ‘green’ movement.

Given the growing number of claims made by national governments and heritage authorities when it comes to the antiquities sector, 2020 looks set to be another year of further controversies. Here, lawyer Fred Clark, an associate in Boodle Hatfield LLP’s art team, surveys the legal landscape of the ancient art market and looks ahead to what may well become a more regulated world.

The Antiquities Dealers’ Association (ADA) has said dealers and auctioneers should stand up to “the politicisation of the antiquities trade” in the wake of a row surrounding the sale of a £4m sculpture.

The art and antiques trade has described the introduction of new controls on the import of cultural goods as a “considerable blow” to the market.

The arrival of the ivory ban in late 2019 is not the only piece of imminent legislation that the antiques trade should be aware of. The efforts of global art and antiques trade body CINOA are currently focused on two broad issues: anti-money-laundering legislation and laws surrounding the import of cultural goods.

Three proposals for a European Union law on the import of cultural goods have been tabled for ‘trilogue’ talks in November.

A coin and antiquities dealer has been arrested as part of an international investigation into a £35m crime network dealing in looted artefacts.

The Antiquities Dealers’ Association (ADA) has warned that “long-term damage is being inflicted on both the trade and museums” by the growing number of legal cases surrounding antiquities with long North American provenances.

MADAM – With high-profile seizures taking place, particularly in New York (‘Trade decries US crackdown on antiquities’, News, ATG No 2345), long-term damage is being inflicted on both the trade and museums.

Demands for ‘looted’ items to be returned could be ‘disastrous’ for the dealers, say antiquities trade bodies...