Over the past 12 years, in a differing tactic from the "Getty Bronze" protracted court battle for restitution, Italy's Avvocatura dello Stato has sometimes negotiated for the return of its stolen archaeological past utilizing soft diplomacy as an alternative to the more time consuming pressure of courtroom trials and appeals.  Geared toward stimulating mutual cooperation and in the vein of resolving cultural patrimony conflicts when illicit antiquities traceable to the country are identified in museum collections, Italian authorities have opened dialog with museum management at involved institutions in the effort to find mutually acceptable resolutions that sidestep the need for oppositional court battles.   

In a tradition finessed by Francesco Rutelli, Italy's former Ministro dei Beni e delle Attività Culturali, the country's Avvocatura dello Stato, which represents and protects all economic and non economic interests of the State, works with museums to develop mutually-attractive accords which seek to remedy claims for looted antiquities.  These negotiations diplomatically address the sensitive issue of stolen, looted, and illegally exported acquisitions without subjecting museums to reputation damaging litigation and allow the State to achieve the return of cultural property while avoiding the uncertain outcome of a litigation on their ownership before a foreign court.
These collaborative negotiations are designed, not to strip a museum bare of its contested objects, but to undertake a careful collaborative approach to restitution in furtherance of “goodwill relationships” between source countries and foreign museums found to be holding illicit material. Equitable solutions, when agreed upon, have served to mediate past acquisition errors and have been carried out with important US museums such as the Metropolitan Museum of Art of New York, the Museum of Fine Arts of Boston, the Princeton University Art Museum, the J. Paul Getty Museum, the Cleveland Museum of Art and the Dallas Museum of Art and serve to strengthen the relationship between Italy and foreign museums in relation to future cooperative activities.

When consensus can be achieved, as was the case in 2006 when the Metropolitan Museum of Art signed an agreement in Rome to formalize the transfer of title to six important antiquities to Italy, long term loans can then be negotiated in the spirit of just collaboration.   Sometimes these agreements allow a contested object or objects to remain on display at the identified museum for a given period of time or provide for the loan of alternative objects "of equivalent beauty and importance to the objects being returned" so as not to decimate the museum's collection in return for an agreement of voluntary forfeiture and restitution of the looted antiquity in question.

This week, the thanks to just such an accord, the Toledo Museum of Art has announced that it has reached an agreement with the Italian authorities regarding a graceful 30 centimeter slip-decorated earthenware object, called a skyphos, or drinking vessel, which has been on view at the museum almost continuously since its purchase in 1982.  Etched in red against the a black background, this sophisticated antiquity was purchased for $90,000 with funds from the Edward Drummond Libbey Endowment and is decorated with the mythological story of the return of Hephaestus to Olympus riding a donkey and led by Dionysus.  The object dates to ca. 420 BCE  and is attributed to the Kleophon Painter.

Per the recent agreement with the Italian authorities, signed by Lorenzo D'Ascia, head of the legislative office of Italy's Ministry of Cultural Heritage and Activities, and state lawyer in service with the State Attorney General, who presides over Italy's Committee for the Return of Cultural Assets, this skyphos will remain on loan with the Toledo Museum of Art for a period of four years.  After four years the museum's management may request a renewal of the loan or request the loan of an alternative object from the Italian authorities as part of a rotational cultural exchange which is spelled out in the terms of their mutual agreement.

In its published announcement the museum acknowledged that the provenance of the object was called into question publically in 2017 by Dr. Christos Tsirogiannis, a forensic archaeologist affiliated with ARCA, on suspicion that the object had been looted and at some point illegally exported from the country of origin in contravention of Italy’s cultural heritage law (No 364/1909) "after which the Museum began an internal investigation and contacted the Italian authorities".

Two images of the skyphos from the confiscated Medici archive. Courtesy of the Journal Of Art Crime

Following several enquiries to the museum made by Tsirogiannis between March and April 2017, Dr. Adam Levine, Associate Director and Associate Curator for Ancient Art directed the researcher to the following limited collection history information for the skyphos:

Despite the formal objections of two governments, Cyprus and Egypt, and an open letter of complaint from classical archaeologist and MacArthur Foundation Genius scholar and Toledo native, Joan Breton Connelly, Christie’s in New York and the Toledo Museum of Art have gone forward with their auction of 68 deaccessioned artworks from the museum's antiquities collection.  

Shaaban Abdel Gawad Supervisor-General of Egypt's Antiquities Repatriation Department at the antiquities ministry had earlier contacted the directors of UNESCO and the International Council of Museums, as well as Egypt’s Ministry of Foreign Affairs, who tried to work through the Egyptian embassy in the United States to persuade the museum to withdraw the Egyptian artefacts and return them to their country of origin.  The National Committee for Antiquities Repatriation led by Minister of Antiquities Khaled El-Enany also met to discuss the proposed sale and to consider possible methods of postponing the sale or requesting that the objects be relinquished to Egypt.

Leonidas Pantelides, ambassador of Cyprus to the United States, voiced his own, somewhat softer objection on Monday, October 24, asking that the sale be postponed or that the museum reconsider keeping the items. 

In a letter of rebuttal to the public outcry, and in the most part to Dr. Connelly's rebuke of the sale, the Toledo Museum of Art issued a formal reply which is posted in its entirety on the museum's website. In explaining its rationale for going forward with the antiquities auction the museum stated:

"Quality has always been the outstanding attribute of our collection, and the objects being sold are not of the quality of our permanent display collection; have been on display rarely; have not been sought out by scholars; or have not been published in recent decades. In short, these objects were not working to fulfill our mission."

The rebuttal quotes from the AAMD - The Association of Art Museum Directors wherein the North American-based association states: 

“Deaccessioning is a legitimate part of the formation and care of collections and, if practiced, should be done in order to refine and improve the quality and appropriateness of the collection, the better to serve the museum’s mission.” 

The Toledo Museum of Art's statement further justified their decision to sell antiquities from their collection drawing from the collections ethics guidelines of the AAM - the American Alliance of Museums. 

In simple terms, the museum's letter spelled out that their decision to sell artifacts was not taken willy-nilly and in their eyes falls safely inside the AAMD code of ethics which provides that sales proceeds may not be used “for purposes other than acquisitions of works of art for the collection.” 

But the museum's decision, and the consequences of their decision, underscore the slippery slope museums can legally walk on, staying inside the perceived ethical boundaries of specific association guidelines in order to raise funds for new acquisitions, while still being allowed to divest themselves of no longer wanted art.

In total, 23 items from the museum's collection have been sold during Tuesday's New York auction including Lot 16 a Cypriot limestone head of a male votary, formally part of the Cesnola Collection of Cypriot antiquities which sold for USD$ 68,750.

And Lot 6 an An Egyptian limestone fragment from the Early 26th Dynasty which sold for USD$162,500

The auction netted the Ohio art museum $640,000 on Tuesday.

The sale of the remaining 45 deaccessioned artworks continued via Christie’s web-based online auction site through Wednesday, October 26, 2016. The Online and live auctions at Christie’s generated almost USD $970,000 for the Toledo Museum of Art's new acquisitions fund.