All News
Conference on "orphan works"
The University of Geneva organizes with the support of UNESCO, UNIDROIT and the Foundation Gandur pour L’Art, a two day conference titled: What prospects for “orphan works"? Reflections on cultural goods without provenance”. The conference will take place on the 4th and 5th February 2021 and will be held in French and English with simultaneous translation.
More details as well as the Program here
Nazi art dispute goes to US supreme court in landmark case
A 12-year wrangle over a rare collection of medieval ecclesiastical art sold by Jewish art dealers to the Nazis in 1935 arrived in front of the highest court in the US last Monday, in a landmark case defence lawyers say could open the floodgates for restitution battles from all over the world to be fought via the US.
Chinas Court rule on return of the statue of Zhanggong-zushi
A Chinese court judged that lex rei sitae should be interpreted to facilitate the return of stolen cultural property, so that the lex furti, i.e., Chinese law, shall govern the ownership of stolen cultural property overseas.
The new commentary on the German Act on the Protection of Cultural Property
An excelled piece of work, for our German speakers.
By Prof. Dr. Kerstin von der Decken, Prof. Dr. Frank Fechner and Prof. Dr. Matthias Weller.
New heritage body aims to keep Unesco in check by calling on public to report sites in danger
A new independent conservation organisation is calling on members of the public and culture professionals to monitor and report on the status of Unesco’s World Heritage sites because safeguarding these cultural hot spots has become a “secondary concern” for the United Nations cultural agency. The Art Newspaper
International online conference on protection cultural heriatge
UNESCO, the Federal Foreign Office of Germany, the European Commission and the Council of Europe are organizing an international online conference on multilateralism, cultural heritage protection and the fight against illicit trafficking from 16 to 18 November.
The Art Newspaper: Unesco, stop citing 'bogus' $10bn figure, art trade pleads
Ahead of a major anniversary this weekend, the international organisation is under fire for apparently exaggerating the scale of the illicit trade in cultural goods.
UNESCO - Eighth Session of the Subsidiary Committee
The Eighth Session of the Subsidiary Committee of the Meeting of States Parties to the 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property took place on 27 and 28 October 2020 at UNESCO Headquarters in Paris. More Here
Lawsuit demands California museum forfeit Thai artifacts
The U.S. government is demanding a San Francisco museum give up claims to two religious relics allegedly stolen from Thailand, the U.S. attorney’s office announced Tuesday. A civil complaint filed Monday in federal court seeks the forfeiture of two 1,500-pound hand-carved sandstone lintels the government contends were looted from ancient temples in Thailand.
Armenian monuments in line of fire in Nagorno-Karabakh conflict
Unesco accused of turning a blind eye to destruction of heritage sites, as bitter skirmish between Azerbaijan and Armenia in the disputed territory drags on.
After the Blast, Beirut Fights to Save Its Architectural Heritage
It’s been two months since the blast, and Maria Hibri has glued together the splintered filigree from her triple-arched windows.... Article: BNN Bloomberg
The Geneva Summer Schools: International Cultural Heritage Law
The summer school aims to develop the students’ awareness and general understanding of the main substantive themes of international cultural heritage law, namely: the trade in cultural objects; the restitution of stolen or looted artworks; the protection of cultural property in the event of armed conflict; and the protection of the built heritage from natural and human-induced disasters.
Final deadline: 15.04.2020 More information here
The Regulation of American Archaeology
[....] The first and most significant federal law governing archaeology is the Antiquities Act of 1906. This act was the first to establish penalties for illegal excavations, damage, or appropriation of American antiquities. These penalties, however, only apply when the illegal action takes place on land “owned or controlled” by the federal government. The act also authorizes the President to declare historic landmarks as national monuments. [...]
Innovative technology could help combat money laundering
The world of art and antiques is the largest lawful unregulated business on the planet, and art crime is estimated to be second to the illegal narcotics trade in terms of annual revenue generated. With the sector being so lenient on legislation, it has found itself favoured by those seeking to launder their money.
German court rules in favour of Nazi-looted art database
A German court has ruled that the current possessor of a work of art cannot stop a claimant from registering it on a government database of Nazi-looted art in the latest in a series of legal challenges to listings on lostart.de
UK to Assist Nigeria in Retrieving Ife Bronze Head
The United Kingdom has offered to assist Nigeria in retrieving the Ife Bronze Head, an antiquity stolen at National Museum, Jos in 1987 and found with a Belgian collector in London, about 30 years after.
Looted ancient Afghan masterpiece recovered
A sculpture that was stolen from the National Museum of Afghanistan in Kabul almost 30 years ago is to be returned to its country of origin after being seen on a British auctioneer’s website and investigated by the Metropolitan police.
Stolen copy of Persian poet Hafez recovered
A stolen 15th-century book by the famed Persian poet Hafez has been recovered by a Dutch art detective. The gold-leafed volume worth around one million euros ($1.1 million) was found to be missing from the collection of an Iranian antiques dealer after his death in Germany in 2007.
Germany Opens an Official ‘Help Desk’ for Nazi-Looted Art
Germany has launched a specialized office to help people reclaim art and other cultural assets seized by the Nazis during WWII. The official “help desk” has been established in Berlin by the German Lost Art Foundation, the state-funded organization that oversees all matters pertaining to the illegal seizure of cultural assets during the Nazi regime.
A legal guide to the new anti-money laundering rules in the UK
In July 2018 the 5th Anti-Money Laundering Directive (MLD5) was adopted by the EU as part of the Juncker Commission’s response to the terrorist attacks in Paris in 2015 and Brussels in 2016, the Panama Papers scandal, and increased scrutiny of free ports following the Yves Bouvier affair. The UK has until 10 January 2020 to transpose MLD5 into national law.
Link to the article: Apollo Magazine (needs free registration)
An international organised crime group dismantled by Europol and Eurojust
An international police operation carried out ον 18.11.2019, supported by Eurojust and Europol, dismantled an international organised crime group involved in large-scale trafficking of Greek archaeological items looted from Calabria, Italy, resulting in 23 arrests and 103 searches and seizures, yielding approximately 10 000 archaeological goods.
47th anniversary of the World Heritage Convention
The 16th November 2019 marked the 47th anniversary of the World Heritage Convention. This Convention protects the world’s most outstanding places. The idea of creating an international movement for protecting heritage emerged after World War I. The 1972 Convention concerning the Protection of the World Cultural and Natural Heritage developed from the merging of two separate movements: the first focusing on the preservation of cultural sites, and the other dealing with the conservation of nature. More under the UNESCO site
One year after the Sarr-Savoy report
A year ago this month, authors Felwine Sarr and Bénédicte Savoy submitted their controversial report to French President Emanuel Macron. The report recommended the return of a vast number of Sub-Saharan African artefacts currently in French public museums, while suggesting a procedure for securing that return. Here we are in late 2019 and not a single item has been returned to Africa.
Act for Heritage! - CoE Conference in Nicosia
The HSLA has kindly been invited and one of our lawyers, Ms. Eleni Dimonitsa, is very much looking forward to participate at the two-day conference on promoting the Council of Europe Convention on Offences relating to Cultural Property (the Nicosia Convention) on 24-26 October 2019. The Conference is is organized by the Commissioner for Volunteerism and Non-Governmental Organisations of Cyprus, in co-operation with the MfA of Cyprus, the CoE and the EU. Thank you CoE !
German states establish help desk to handle artefacts acquired in colonial era
The culture ministers of Germany’s 16 states and the federal government have agreed to set up a help desk to inform and advise individuals and institutions from former colonies seeking to repatriate objects looted from their territory during the colonial era.The new help desk will start work in the first quarter of next year and will be half financed by the states, half by the federal government.
U.S. Attorney Announces Civil Action
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced today that the United States filed a civil lawsuit to resolve potential claims to “Site avec 5 personnages” (the “Painting”), an acrylic work on canvas by renowned 20th century-artist Jean Dubuffet (1901-1985) that was last known to be the personal property of Michel Cohen (“Cohen”), a former art dealer who has been under indictment for wire and mail fraud since 2003.
Press Release of U.S. Attorney's Office - Southern District of New York
Money laundering, trafficking, ivory: crackdown on art crime intensifies
Pressure on the UK’s art trade is increasing as it faces a wave of legislative changes and increased attention from enforcement agencies. As UK courts introduced new sentencing guidelines for criminal damage to heritage assets on 1 October, the trade was counting down to the anti-money-laundering regulations that are coming into force in January and pushing for a judicial review of the contentious Ivory Act 2018.
'Manhattan of the desert': civil war puts Yemen's ancient skyscrapers at risk
In addition to the conflict’s huge human cost, Yemen’s rich cultural heritage has been ravaged, from the Queen of Sheba’s reputed throne room to the mudbrick high-rises of Shibam.
Article by Bethan McKernan in Shibam, Yemen in The Guardian
Art works: New method of money laundering
[...] Unlike banks, life insurance companies, casinos, currency exchangers, and even precious-metals dealers, auction houses and art sellers have no obligation to report large cash transactions to a governing authority. In fact, dealers can keep the names of buyers and sellers anonymous.
Nazi plunder? Fight over prized artwork set for Rochester court
A treasured artwork owned by a Pittsford man has become the subject of an international legal dispute centered on allegations that Nazis stole the work from its rightful owners during World War II. Christie's, the auction house that agreed in 2016 to sell the portrait, will not allow the sale to go forward until the ownership issue is decided.
Paris art sale goes ahead despite Mexico protests
A controversial sale of pre-Columbian art went ahead in Paris on Wednesday despite calls from Mexico and UNESCO for it to be halted. The Mexican government filed a formal complaint against the auction of 120 religious and cultural artefacts from several private collections, including sacred jewellery worn by a shaman and the figurine of a fertility goddess.
Greek Culture Minister Mendoni Slams British Museum Over Parthenon Gallery’s Condition
“The situation, as presented in photographs published in the press today, is very frustrating for the British Museum, and extremely offensive to the exhibits themselves, especially when these exhibits are no other than the Parthenon Sculptures”, Mendoni declared.
Europe moves to curb ISIS antiquity trafficking
{...} The EU’s latest amended money laundering law takes effect in 2020. It will impose new rules of transparency on galleries and auction houses regarding their transactions, and it will impose sanctions if the operators do not comply. The EU is also urging all its member states to further populate Interpol’s databases on stolen goods and illegal antiquities to boost cross-border prosecutions.{..}
Greece drafting proposal to seek loan of Marbles
Greece is preparing a formal request to borrow the Parthenon Marbles from the British Museum for the 2021 celebrations of Greece’s 200-year independence from Turkish rule, Greek Culture Minister Lina Mendoni said Tuesday.
Landmark Supreme Court ruling on returning artworks illicitly exported to country of origin
In a recent decision, the Swiss Supreme Court clarified the requirements to be met by countries of origin when requesting the return of artworks allegedly illicitly exported by their legitimate owners, thus absent any issues of ownership.
Greek Ministry of Culture Pursues Legal Claim to Artifact vs. Sotheby’s
The Greek Ministry of Culture reiterates its claim of dominion over a bronze sculpture from the 8th century BC, an object the Ministry reasonably believes was illegally exported from Greek territory. The Greek Ministry moved to dismiss the case, but on June 21, 2019, the court denied Greece’s motion, finding that the court had subject matter jurisdiction over the case pursuant to the commercial activity exception of the Foreign Sovereign Immunities Act.
United States and Algeria Sign Cultural Property Agreement
This agreement places U.S. import restrictions on categories of Algerian archaeological material dating from 2.4 million years ago to approximately 1750 A.D..
Law, Culture and Human Rights in Asia and the Middle East
An international conference on Law, Culture and Human Rights in Asia and the Middle East is to be held on Feb. 14, 2020 at the British Institute of International & Comparative Law, Russell Square, London. The conference will focus on the topic of Culture and Cultural Heritage in Asia and the Middle East, addressing culture and cultural heritage in times of peace and armed conflicts in the region.
Bonhams withdraw ancient Greek drinking vessel
Bonhams has withdrawn an ancient Greek drinking vessel from sale amid accusations that it was excavated illegally and that major auction-houses are failing to make adequate checks into whether antiquities were looted from their country of origin.
Ms. Lina Mendoni is the new Minister of Culture
With extensive experience under her belt, Mendoni, an archaeologist, has presided over the Central Archaeological Committee (ΚΑΣ), worked on dozens of excavations including the Amphipolis site, served as culture ministry secretary general, and supervised Olympic works, among others, in her long-standing career in culture.
What Happens When an Artwork Is Damaged beyond Repair
An article by Elene Goukassian in Artsynet.
Protecting Sites from Space
Thanks to a 1-million-dollar TED prize, ordinary people can now use high-level satellite imagery to identify potential sites for exploration, without giving the coordinates over to looters. It is all done online, suitable for children through to adults.
Berlin Museums appeal to U.S. Supreme Court in legal battle over Nazi-looted $276 million treasure.
A legal battle that began in 2008 regarding the provenance of Germany’s famed Guelph Treasure may soon wind up in the United States Supreme Court after the US Court of Appeals for the District of Columbia Circuit rejected an appeal last week.
What now for the return of the Parthenon Sculptures?
On June 20, Greece and the world museum community celebrated the 10th anniversary of the inauguration of the Acropolis Museum in Athens. Amidst all the euphoria, we should not forget the main reason why the museum was built – namely, to counter the British argument that the Greeks did not have a suitable museum for the Parthenon Sculptures even if they were ever returned to Athens.
Guelph Treasure Claims to Go Forward
The U.S. Court of Appeals for the D.C. Circuit today dismissed the petition to rehear en banc last year’s landmark ruling that the heirs of the art dealers who sold the Guelph Treasure (or Welfenschatz) may pursue their claims in U.S. federal court.
Guelph Treasure Claims to Go Forward
UK Museums - Protection From Court-Ordered Seizure For Loaned Artworks
UK Culture Secretary Jeremy Wright has vowed to protect objects on loan from abroad in temporary exhibitions in UK museums from seizure by the UK courts. Works of art on display in a museum or gallery where the museum has published information about the objects on loan is now covered. This does, however, raise questions about restituted works of art from the Nazi Era.
Antiquities' Looted from Yemen sold at Auction
At least 100 artifacts from Yemen have been successfully sold at auction for an estimated $1 million in the U.S., Europe and the United Arab Emirates since 2011, according to a Live Science investigation into the country's so-called "blood antiquities."
University research on “Restatement of Restitution Rules”
In April 2019, research began at the University of Bonn on international practice in the restitution of artworks stolen under the Nazi regime. The project aims to provide a comprehensive, comparative analysis of international practice in the restitution of Nazi-looted art. It aims to establish a generalized set of rules on how decisions are made based on considerations of fairness and justice.
Freeports or free crime? An opinion by L. Todd in the Washington Times
The Washington Times published an opinion by L. Todd on how tax-exempt warehouses contribute to some $899 billion laundered each year globally.
First Aid to Cultural Heritage in Times of Crisis 2019
Four institutions are organizing this year’s course on First Aid to Cultural Heritage in Times of Crisis. The course will take place in Rome from Nοvember 11th to December 5th. Deadline to apply: 31. May 2019
More than 30 000 ancient artefacts seized in crime bust to be returned to Bulgaria from Spain
More than 30 000 illegally exported ancient artefacts seized in a bust of an organised crime group in Spain and Bulgaria are to be returned to Bulgaria, the Prosecutor’s Office said on April 18. At a co-ordination meeting of investigators held on April 11 2019 at Eurojust headquarters in The Hague, it was agreed that the trial would be in Spain, where most of the suspects were held.
EU adopts new rules on cultural heritage imports
The European Council yesterday adopted new rules to clamp down on the illicit trafficking in cultural goods, including a requirement for import licences on artefacts more than 250 years old.
Lawsuit concerning ownership of a Matisse rejected by Supreme Court
The US Supreme Court declined to hear a case that worked its way up through the US justice system concerning the legal ownership of a painting by Henri Matisse. Portrait of Greta Moll, made in 1908, resides in the stores at London’s National Gallery.
Article: www.art-critique.com
The Salzburg Global Seminar - this time on the Future of Cultural Heritage
The 416th Session of the Salzburg Global Seminar (SGS) was on the Future of Cultural Heritage and the Hellenic Society for Law and Archaeology was there. Thanks to the Fulbright Foundation in Greece, the co-founder of the HSLA Ira Kaliampetsos took part at this extraordinary session as a Fulbright Fellow. Great insides, new ideas, new partnerships.
More on this Session of the SGS
Italy and China team up to fight looting
Italy and China have agreed to join forces and fight the illegal trafficking of antiquities as part of an agreement signed between the two countries. The Italian government also announced it will return 796 objects that had been illegally exported to Italy from China after a court in Milan ruled last November that the items should be repatriated. The Art Newspaper
Rare Babylonian artefact seized in the UK returned to Iraq
A valuable Babylonian cuneiform stone was handed back to Iraq by the British government on Tuesday, after an attempt to smuggle it into the country was foiled at Heathrow airport. Dating from the second millennium BC, the antiquity is worthy of the world’s greatest museums and valued at hundreds of thousands of pounds.
Source: The National
China solicits public advice on draft cultural heritage protection regulation
China's Ministry of Justice began Tuesday consulting public opinions on a draft revision to the regulation on the protection of underwater cultural heritage.
Savoy-Sarr report fails to dent tribal market, says Tefaf exhibitor
Didier Claes, who was consulted for the restitution report commissioned by French president Emmanuel Macron, says it has invigorated the market for African art.
Article: The Art Newspaper
London’s National Army Museum to return emperor's hair to Ethiopia
London’s National Army Museum is to restitute locks of hair of emperor Tewodros, which will now be buried in Ethiopia. Hair is not regarded as “human remains” under UK government guidance for museums (which allows for restitution), but the museum’s council regarded the return as “an opportunity to do something positive diplomatically with Ethiopia”.
Article: The Art Newspaper
Long in Exile, the Looted Benin Bronzes Tell the Story of a Mighty African Kingdom
The famous Benin bronzes are going home—at least some of them, some of the time. An article by Benjamin Sutton
Article: artsy.net
China eyes further cooperation with U.S. on relic preservation
China is willing to cooperate further with the United States in relics repatriation and protection, so as to promote a win-win and fair model for the international community at large, a senior Chinese official in charge of relic preservation said recently.
Article: www.xinhuanet.com
UNESCO - ONLINE TRAININGS
In the framework of the UNESCO-EU partnership, UNESCO has developed two free distinct on-line training courses on fighting the illicit trafficking of cultural property: one for European Art Market Stakeholders, Academia, Experts and Researchers and one for European Judiciary, Customs and Law Enforcement Officials.
Details: UNESCO
Holocaust-era art restitution: more complex than you think
A rush to judgement has resulted in notable errors, with some "Nazi-looted" art having been purchased legally. An article by Jane Kallir.
Article: The Art Newspaper
Met hands over an Egyptian coffin that it says was looted
Less than two years after an acquisition, the Metropolitan Museum of Art announced that it had handed over a first-century BC gilded coffin to the Manhattan district attorney for return to the Egyptian government after discovering that it had been looted in 2011.
Article: The Art Newspaper
Museum of Scotland says Egyptian pyramid stone is not stolen
Gordon Rintoul, director of the Museum of Scotland, insisted it had all the correct paperwork to show that a casing stone from the Great Pyramid of Giza was lawfully taken out of Egypt on behalf of Charles Piazzi Smyth nearly 140 years ago.
Source: The Guardian
Germany allocates €1.9m for museums to research colonial-era acquisitions
An eight-member panel including Bénédicte Savoy will assess grant applications
Article: The Art Newspaper
The government of UK has announced plans to widen the definition of "treasure".
The UK government has announced plans to widen the definition of treasure. At present, only items that are at least 300 years old and made substantially of gold or silver, or which are found with artefacts of precious metals, can be declared treasure, so long as an owner cannot be found.
Article: The Guardian
Jean-Claude Juncker must close tax loopholes at Luxembourg freeport, MEP says
Members of the European Parliament are stepping up their fight against alleged money laundering and tax evasion through the use of freeports—high-security warehouses which hold art and other valuable assets, such as cars, wine and jewellery, tax free.
Article: The Art Newspaper
Geneva Summer School - International Cultural Heritage Law
This years course in International Cultural Heritage Law by the Geneva Summer School will take place on 17 -28 July 2019. It is organized by the Art-Law Centre and the UNESCO Chair in the International Law of the Protection of Cultural Heritage of the University of Geneva, in collaboration with the University of Miami School of Law. We strongly recommend!
More: The Geneva Summer School
British Museum ‘rules out’ returning Elgin Marbles
The director of the British Museum has appeared to rule out returning the Elgin Marbles to Greece after its government demanded Britain open negotiations over their return last year.
Article plus video:Independent
How to protect Chinese national relics on loan
A museum's lending process has sparked outrage and raised questions. The question of how to protect national treasures on loan to overseas exhibitions is gaining traction on both sides of the Taiwan Strait.
Article: CGTN.com
A special unit to protect or retrieve ancient treasures is being formed by the British Army.
The 15-strong Cultural Property Protection Unit will be tasked with retrieving works stolen by terrorists, investigations into looting, the protection of ancient objects and reporting on sites of interest to the British military.
Source: Forces Network
High court won’t hear lawsuit over art seized during WWII
Heirs of a renowned Jewish art collector won’t be able use U.S courts to sue Hungary’s government for the return of paintings seized during World War II that are worth millions, as the Supreme Court said it wouldn’t take the case. So it seems Hungary is immune from being sued in U.S. courts over the paintings stands.
Article and source: Daily Journal
A new publication on the damage to cultural heritage in Syria’s Ancient City of Aleppo
Τhe first comprehensive account of the devastation wrought on the World Heritage site of the Ancient City of Aleppo during years of armed conflict in the Syrian Arab Republic has been published by UNESCO and UNITAR.
Text and source: UNESCO
French antiquities dealers slam ‘shocking’ report on restituting African art
Dealers’ association seeks meeting with culture minister over fears report will open the door to numerous restitution claims for a range of artefacts.
Article: The Art Newspaper
The U.S. art market for stolen antiquities from Yemen must be shut down
Full Article: The Washington Post
Happy New Year - 2019
We wish all our friends a Happy New Year!
Thank you for your support and interest in our work. We will keep on!
The team of HSLA
“Sophisticated” Art Collectors Are Facing Less Sympathetic Courts
"The rulings highlight the growing scrutiny courts are paying to how art buyers conduct themselves during a transaction, and suggest that due diligence is more important than ever—especially at the top end of the market."
Full Article: Artsy net
The inalienability of public collections
According to The Art Newspaper the so-called Savoy-Sarr report commissioned by President Emmanuel considers the “main obstacle” to restitution “the inalienability of public collections”. In other words, works in French national collections cannot be sold or transferred.
Full Article: www.theartnewspaper.com
The Guardian view on the restitution of cultural property
The Guardian states its view on the return of cultural objects.
The Guardian: on the restitution of cultural property
German museums 'willing to return' looted colonial objects
France plans to return colonial-era objects to Africa. Other former colonial nations also pondering how to deal with colonial collections. Restitution should not be the focus, a German museum director warns.
Full Article: Deutsche Welle
7 Important US Art Lawsuits in 2018
Benjamin Sutton wrote an interesting article on “artsy.net” on the 7 biggest us lawsuits in art law for the year 2018.
Link: www.artsy.net/article/artsy-editorial-7-art-lawsuits-2018-art-market
The Getty Will Fight to Keep the Victorious Youth in Los Angeles
The US museum will appeal an Italian court's ruling that the Greek bronze belongs in Italy.
Sotheby’s takes Greece to court in antiquities test case
Sotheby’s is taking Greece’s ministry of culture to court over the ownership of an ancient Greek bronze horse, in a highly unusual legal attempt by the auction house “to clarify the rights of legitimate owners” amid a surge in claims by countries of origin.