Recovery of Unlawfully Exported Cultural Property: The European Union Approach
| Date | 01 February 1997 |
| Published date | 01 February 1997 |
| DOI | https://doi.org/10.1108/eb025798 |
| Pages | 329-332 |
| Author | Richard Harwood |
| Subject Matter | Accounting & finance |
Journal of Financial Crime — Vol. 4 No. 4 — Trade
BRIEFINGS
TRADE
Recovery of Unlawfully Exported Cultural Property:
The European Union Approach
Richard Harwood
The cultural heritage of a nation is an important
part of its identity. Its works of art, its records and
archives and its archaeological remains contribute
to its past and its present. Many nations are legiti-
mately concerned to retain this cultural legacy,
even where the objects are being sold to recog-
nised galleries or museums in other countries. The
export ban imposed by the British Government on
the 'Three Graces' was a prominent example of the
importance attached to certain works of art.
Some removals may be theft. The pillaging of
Europe's art treasures by the German and Soviet
armies in the Second World War was only the
most extreme example of a continuing practice. A
further problem has developed in recent years.
Archaeological finds are an important element in a
nation's knowledge of
its
history.
Unrestrained import, export and sale of archaeo-
logical artefacts encourages the acquisition of those
artefacts for their monetary value. This is not in
itself a problem. However, the pillaging of archae-
ological sites for valuable items has reached crisis
proportions.1 The historical and archaeological
value of an item comes from its find in a particular
location with other items. That is what tells us
about the people who made them and their time.
A couple of looters with spades can destroy this in
half an hour. The ability to sell the looted artefacts
determines whether the looting takes place. With
the world-wide nature of the art market, inter-
national cooperation and recognition of cultural
property laws is vital to stopping the pillaging.
The importance of cultural property was recog-
nised in the Treaty of Rome. A specific exception
to the free movement of goods is provided in that
Member States can prohibit or restrict imports,
exports or goods in transit to protect national
treasures possessing artistic, historic or archaeo-
logical value.2
Recent European Union legislation, Regulation
3911/92 and Directive 93/7, restricts exportation
outside the Member States of the Union and pro-
vides a mechanism for the return of artefacts. The
approach is that whether cultural property can be
exported is a matter for the state where it is
located. If it is unlawfully removed, it cannot be
lawfully exported from another Member State out
of the European Union. Member States where
unlawfully exported goods are present are obliged
to assist in their recovery. The originating Member
State is given a right of action for the recovery of
the goods, even if it has no proprietary claim of its
own. The legislation is not concerned with owner-
ship of the property.
RESTRICTING EXPORTS FROM THE
EUROPEAN UNION
An export licence is required for the export of
archaeological objects outside the European Union
by EEC Regulation 3911/92 on the export of cul-
tural goods.
Cultural goods include:
— 'archaeological objects more than 100 years old
which are the products of excavations and finds
on land or under water, archaeological sites,
archaeological collections';3
— 'elements forming an integral part of artistic,
historical or religious monuments which have
been dismembered, of an age exceeding 100
years';4
— archives more than 50 years old;
— paintings, engravings, sculptures and photo-
graphs.
Page 329
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