US Customs and International Transit

The Chubb Collectors newsletter was recently published and it carried an interesting article on US Customs and international transit by James McAndrew.  The article was good as in covered some history and background, court cases references and UNESCO.

As appraisers, there are times where we value for moves and transport, knowing a little how US Customs operates as well as other international standards can certainly be beneficial.  Now we might not be advising our client on international shipping, but knowing a little about the topic certainly will add to our credibility.

Chubb Collectors reports

Successfully bringing a work of art or antiquity into a country requires knowledge of the export laws of the country it came out of. It also requires knowledge of the export laws and requirements of any country of origin that might be a third party claimant; the foreign laws of private versus public ownership; and each nation’s laws on statutes of limitation. Issues of authenticity, attribution, value and, more practically, culture, are also important to know and understand.

One example of how international law enforcement is using Customs laws as the basis for their enforcement actions is the matter of United States of America v. A 10th Century Cambodian Sandstone Sculpture, Currently Located at Sotheby's in New York 12 CV 2600. The sculpture was being offered for sale in March of 2012 at Sotheby’s, New York, and the Government of Cambodia claimed it was stolen and illegally exported. No documentation existed of how this sculpture had originally left Cambodian soil and, after a lengthy review of its provenance, the U.S. government asserted that Cambodia had prevailing ownership as far back as 1884 under French colonial law. The court cited Customs’ statutes on "Import Contrary to Law," "Smuggling Goods into the United States," and the "National Stolen Property Act" as their basis for seizure. Sotheby’s and the consignor argue against the government’s action and this matter is pending in the Southern District of New York.

In The United States of America v. Mask of Ka-Nefer-Nefer, The Federal Republic of Egypt claimed ownership of the 3,200 year old mummy mask at the St. Louis Art Museum, asking for seizure of the mask for having been exported in violation of their laws, and brought into the US in violation of US import laws. The U.S. Government alleged that the mask was “Imported Contrary to Law.” The law which is alleged to have been violated is the national patrimony law of Egypt. In a tersely written opinion, U.S. District Judge Henry Autrey found the government failed to prove their case, thus allowing the museum to keep the Egyptian mummy mask.

Having said all of the foregoing, there are, in fact, ways to minimize the possibility that a work of art or antiquity will be seized. First, I believe it is imperative to recognize that you do not stand alone. Every dealer and collector is part of the ownership history of an object and shares responsibility to the industry to cooperate in establishing the proper provenance as far back as possible. More is better. Just because you sold an item last year doesn't make you immune from inquiry now. Helping your fellow collector helps the trade.

Source: Chubb Collectors