While the Galleria d'Arte Moderna got its collection returned, by giving in and paying a thief's ransom, they encouraged further robberies.   Just three months later, on May 15, 1975, thieves struck the museum for a second time.

As if to add insult to injury, the second theft made use of the same security vulnerabilities.  Thieves entered the museum via the exact same avenue taken earlier, as if the first theft was a dress rehearsal for the second grand performance.

To break into the museum they came in over the high wall around the museum and then penetrated the building by climbing a ladder and entering through an upper floor window which had not been fitted with a burglar alarm. 

Once inside they reportedly overpowered four night watchmen.  Two were bound and gagged while making rounds and two were subsequently subdued in the Grassi Gallery where the criminals again made off with a substantial cache of paintings.

This time, even more Impressionist and Postimpressionist works of art were stolen, 38 in total. Many of the artworks stolen, including Van Gogh's watercolour Breton Women (after Emile Bernard), were the same ones taken during the previous robbery.

Perhaps because the thieves were banking on a ransom having already been paid?

One month later, on June 17, 1975, police got a break.  During an routine traffic stop, Giuseppe Pennestri was arrested by Italian authorities while driving a Mercedes with New Zealand license plates under an assumed name.  With him was a Yugoslavian also travelling with false identity papers.

Pennestri would turn out to be a truly unsavoury character, with a record that included not only masterminding the theft of the museum, possibly on both occasions, but also a rap sheet that included homicide, drug dealing, facilitating prostitution and apparent ties to organized crime. 

Arrested in Niger and transferred to The Hague in September 2015 Ahmad al Faqi al Mahdi, a one time member of the Mali-operating Islamic fundamentalist group Ansar ed-Din (best translated as guardians of the faith) stood before the Trial Chamber VIII of the International Criminal Court (ICC) today while it delivered its judgment in the case of The Prosecutor v. Ahmad Al Faqi Al Mahdi.   During today's hearing, the Chamber unanimously found Mr Al Mahdi guilty beyond reasonable doubt as a co-perpetrator of the war crime consisting in intentionally directing attacks against religious and historic buildings in Timbuktu, Mali. 

During a 45 minute long hearing presented in its entirety below, the three-judge Chamber sentenced Mr Al Mahdi to nine years imprisonment with a deduction of time served for the days in which he has been incarcerated following his arrest in Nigeria on the ICC warrant issued on 18 September 2015.   According to ICC spokesman spokesperson Fadi ElAbdallah Al Mahdi will not serve out his sentence in the detention centre at the ICC in the Hague. He will “serve his sentence in a national establishment of a state which has agreed to receive the convicted.  Decisions on this issue will be made in due course by the ICC in dialogue with relevant states.” 

According to ICC documents Mr.  al-Mahdi was appointed to head the Hisbah (the manners brigade) in April 2012 which he oversaw until September 2012. The Hisbah was in charge of regulating the morality of the people of Timbuktu, and of suppressing and repressing anything perceived by the occupying forces to constitute a visible vice.

Between June 30, 2012 and around July 11, 2012 al-Mahdi and his co-perpetrators first attacked and destroyed:

🏺 The Sidi Mahamoud Ben Omar Mohamed Aquit Mausoleum

🏺 The Sheikh Mohamed Mahmoud Al Arawani Mausoleum

🏺The Sheikh Sidi El Mokhtar Ben Sidi Mouhammad Al Kabir Al Kounti Mausoleum

🏺 The Alpha Moya Mausoleum

🏺 The Sheikh Mouhamad El Micky Mausoleum

🏺 The Sheikh Abdoul Kassim Attouaty Mausoleum

🏺 The Sheikh Sidi Ahmed Ben Amar Arragadi Mausoleum

🏺 The Ahamed Fulane Mausoleum adjoining the Djingareyber Mosque 

🏺 The Bahaber Babadié Mausoleum adjoining the Djingareyber Mosque 

🏺 The door of the Sidi Yahia Mosque

With the exception of the Sheikh Mohamed Mahmoud Al Arawani Mausoleum, each of these buildings were all classified as UNESCO World Heritage Sites. Sites which embodied the identity of the city, known as the “Pearl of the Desert” and the “City of 333 Saints”. 

Testifying at the opening of his trial on August 22, 2016 Mr. Al Mahdi expressed remorse and admitted to the ICC that he was guilty of the war crime consisting of attacking the historic and religious monuments stating “All the charges brought against me are accurate and correct. I am really sorry, and I regret all the damage that my actions have caused.”  He further stated “I seek their forgiveness and I ask them to look at me as a son who has lost his way,” and “I would like to make them a solemn promise that this was the first and the last wrongful act I will ever commit.”

Mr. Al Faqi Al Mahdi’s guilty plea and conviction constitute a watershed moment in heritage crime prosecution as it represents the first case of its kind to be successfully brought before and ultimately prosecuted by the ICC concerning the destruction of historic monuments and buildings dedicated to religion. 

Speaking in response to today's ruling, El Boukhari Ben Essayouti, Head of the Cultural Mission of Timbuktu stated he hoped this trail has been an important lesson, not just to Ahmad al Faqi al Mahdi but to others who would destroy culture.  He was quoted as saying that he hoped this trial “has to be useful for something, showing to everyone that in the same way that we cannot kill another person with impunity, we cannot just destroy a world heritage site with impunity either.” 

Portrait of Tainui Chief, Kewene Te Haho purportedly by Gottfried Lindauer, originally purchased by Trust Waikato for $121,000 for the Trust Waikato Art and Taonga Collection, Waikato Museum te Whare Taonga o Waikato. The portrait was judged a fake in 2012.

Displaying a fake painting in an art exhibition isn't usually something advantageous for a museum but for the Waikato Museum curating a "genuine fake" juxtaposed alongside the genuine article from their own museum collection serves to highlight an important point.  Fakes and forgeries are not easily detected and sometimes authenticity is coloured not just by what the viewer wants to believe but by the amount of money spent on an artwork, its prestigious location, or simply a desire of the part of a collector to own a work of art by a renowned artist.  

Casual estimates by museum professionals estimate that upwards of 20 percent of the artworks held in major museums around the world will no longer be attributed to the same artists one hundred years from now.  While a chunk of that percentage will change due to advances in scientific evidence and art historical research, an embarrassing number of them will be relegated to storerooms as forgeries committed by tricksters.

To keep forgery and other art crimes in the public's eye New Zealand's Waikato Museum in Hamilton will be hosting An Empty Frame: Crimes of Art in New Zealand from now through January 8, 2017.    The exhibition, guest curated by art historian Penelope Jackson, features 30 New Zealand artworks that each, at some stage, have been the "victims" of an art crime; each accompanied by its own "behind the crimes" story.

Walking through the exhibition one gets a full on view of the psyche and motives of the art criminals who have tried their hand at artistic skulduggery in New Zealand. Some crimes appear to have been simply opportunistic while others were far more calculating.  

The exhibition also reminds us of the value of authenticity and how New Zealander's affection for Māori culture has been exploited by forgers who seem to have caught on that painting up "unknown" artworks in the style of Gottfried Lindauer, one of the best-known painters of Māori portraits, could fetch a pretty penny at auction. One painting, a portrait of Tainui Chief, Kewene Te Haho by a still unknown artist, remains part of the Trust Waikato Art and Taonga Collection held at Waikato Museum and is on display as part of the exhibition.

From forgery and fraud to theft and vandalism An Empty Frame offers patrons a first hand view of some of New Zealand's most intriguing art crime cases. With an emphasis on the ways in which art crimes harm *everybody* — not just by cheating rich buyers, museums and their agents, not just by ruining a few reputations, nor even by distorting whole markets, the exhibition deftly illustrates how crimes against art hurt everyone.  

At times the victims are individuals... at times the victims are galleries... at times the victims are cities and states... and at times the victims are entire countries.

Waikato Museum

1 Grantham Street

Hamilton, New Zealand

Exhibition Dates: 24 September 2016 - 8 January 2017

10 am – 5 pm, excluding Christmas Day

Entry Fee: None

This exhibition is accompanied by a book, Art Thieves, Fakers and Fraudsters: The New Zealand Story (Awa Press). On Saturday 1 October, Penelope Jackson will give a free public talk on art crime and forgery at 10:30 am.

Please visit waikatomuseum.co.nz for further information.

Hapless buyer inspired by IKEA recreating a faux Middle Eastern outdoor living space? Or knowing accomplice to the illicit trafficking of cultural property?

The cargo was shipped labeled as “pierres d'ornement pour décoration de jardin” (ornamental stonework for garden decoration) and arrived on March 10, 2016 in transit from Lebanon to Thailand via Paris Charles de Gaulle/Roissy Airport (French: Aéroport de Paris-Charles-de-Gaulle, IATA: CDG, ICAO: LFPG).  Attracting the attention of customs authorities, the crate was inspected based on data originating from the ICS (Import Control System) that came into force in the European Union at the end of 2010.

The ICS is an eSecurity Declaration Management System used for the importation of goods into the European Union customs territory. Designed in part to deal with the massive volume of cargo that passes through the EU annually, the new regulation requires that a certain number of data elements be sent to the EU customs office at the first port of entry, by a specific deadline, in this case, at least 4 hours before the long haul transiting cargo was scheduled to arrive at the first airport in the territory.  

In most cases this type of prearrival information is transmitted by the sender before the shipment has even left the country of export. Upon receipt of the Entry Summary Declaration message, what is known as the cargo's ENS, the customs office at the port of arrival can then elect to order a shipment pulled where it will undergo a security-related risk analysis.  

When the ENS arrived for the innocuously labeled garden decorations, the identifying data supplied, plus the shipping crates weight (108 kilos), and the cargo's shipper and recipient raised questions.   To be thorough, customs authorities earmarked the container for a cross-check.  

While examining its contents, search officers did not find ordinary household decorations mass produced for a garden, instead they found what appeared to be two original bas-reliefs intricately dotted with grape clusters and birds with no export license from any country of origin.  Called in for consultation, the Department of Antiquities at the Musée du Louvre believe that the carved stone reliefs are authentic and likely dating from between the 14th and the 16th century CE, possibly originating from the middle Euphrates valley, (North Western Syria). *NOTE: This assessment still needs further scientific and validating research.  

Some Import-Export information to chew on...

✈ The Charles de Gaulle, Roissy airport, north of Paris, is the first customs border of France. 

✈ Some 65 million passengers transit through CdG annually. 

✈ In terms of air cargo, just over 50 million metric tonnes of freight are shipped around the globe annually.  

✈ In 2015 a whopping 1,890,829 of those tonnes passed through CdG making it the number two European airport for freight, after Frankfurt.

✈ Art and antiquities valued above a certain threshold exported or imported from one country to another require export licenses

✈ More than 31,500 scheduled international flights depart Lebanon annually, destined for 54 airports in 41 countries.

✈ While legal instruments in place vary from country to country, cultural goods that reach or exceed specific age or monetary value threshold require an individual licence for export, whether on a permanent or temporary loan basis.

✈ Both national ownership laws and export controls are put in place as a restraint on the free circulation of artworks through the market and are promulgated in response to the sale of objects or dismemberment of ancient monuments and sites simply to satisfy market demand.

✈ Ancient artifacts, taken in violation of national ownership laws are stolen property in market nations, as well as in the country of origin.

✈ This is not the first time that smugglers have intentionally mislabeled an illicit ancient object as a contemporary outdoor accoutrement to circumvent the legal instruments. In a case involving the now imfamous Subhash Kapoor, a shipper was expecting the arrival of a shipment containing seven crates manifested as a single “Marble Garden Table Set.”  The consulate believed these crates contained stolen Indian antiquities. This merchandise was allegedly imported by Kapoor.

Kind of makes you wonder how many antiquities/garden sets there are floating around the world over our heads smuggled in or out under the radar.

Some examples of French customs seizures involving cultural objects (though by all means not an inclusive list)

🏺 In March 2006, more than 6,000 artefacts looted from archaeological sites in Niger and seized by French customs officials in 2004 and 2005 were given back to their country of origin.

🏺 In January 2007 customs seized nine suspicious-looking packages marked "hand­crafted objects" from Bamako,  the capital of Mali.  Inside they found more than 650 ancient objects, including ax heads, bracelets, flint stones and stone rings, excavated from a Neolithic settlement in Ménaka (Eastern Mali)

🏺 In 2008, French customs officials seized crates arriving from Togo stamped "craftwork" which contained artefacts. ICOM approached a specialist to appraise the objects, one of which was revealed through thermoluminescence testing to be a genuine Nok statuette from Nigeria. 

🏺 In January 2013 France returned five ancient terracotta sculptures to Nigeria smuggled out of the country in 2010.

🏺 In 2014 France returned 250 Egyptian antiquities dating back to the Roman dominion over Egypt (circa 30-641 BCE) and the Coptic Christian era were seized from the luggage of travellers arriving in Paris in March and November of 2010.

If these are the launderers, then who are the buyers?  

Buying and selling ancient art requires a prudent purchaser, one willing to research the provenience (country of origin) and provenance (history of ownership) of an object they intend to own and to evaluate the available information in the context of the current legal framework.  

When details of an object's past are omitted, by the seller, by an antiquities dealer or by an auction house, either intentionally or accidentally, and a buyer knowingly turns a blind eye, they are just as complicit in facilitating the illicit market and the destruction of cultural heritage.  In the 21st century churning trafficked antiquities through the legitimate marketplace, buying and selling intentionally mislabeled pretty things while still conveniently clinging to the negligent “don’t ask, don’t tell” approach is inexcusable. 

By Lynda Albertson

Why you should go see the exhibition "L’Arma per l’Arte e la Legalità" if you are in Rome between now and October 30, 2016.

First there is a 1919 sketch by Amedeo Modigliani, Jeune femme attablée au café stolen from the tony Parisian residence of a private collector in 1995.   It was recovered in Rome this past summer thanks to the watchful eyes of investigative officers of the Ufficio Comando – Sezione Elaborazione who work with the Carabinieri's specialized art crime database, Leonardo. Reviewing upcoming auctions, the team spotted the artist's drawing blatantly up for sale with a hefty €500,000 starting bid.

Then there are four of the 17 recovered artworks stolen November 19, 2015 from the Verona Civic Museum of Castelvecchio in northern Italy as well as some of the more impressive antiquities from Operation ‘Antiche Dimore’ conducted in 2016.  This seizure recovered 45 shipping crates of ancient art worth an estimated € 9 million intended for the English market, Japanese and American antiquities markets. The objects date from the seventh century BCE through to the second century CE and originate from clandestine excavations conducted over the past thirty years in Southern Etruria.

But if you think big time tomb raider busts only involve the much talked about powerhouse dealers like Robin Symes and Giacomo Medici, think again.  This exhibition also has a kylix attributed to the Greek painter of Andokides, an ancient Athenian vase painter who was active from 530 to approximately 515 BCE.  This gorgeous drinking vessel was recovered in Munich of this year as part of an extensive police investigation involving 27 suspects who worked in an organised network forming all the links in the illicit looting chain from grave robbers to fences to middlemen transporters stretching from Southern Etruria all the way up to Germany.

The exhibit also showcases the tools of the Tombarolo. Grave robbers of the third millennium merge modern grave robbing technology, using metal detectors, battery-operated headlamps and headphones with still functional old fashioned ones like the spillone and badile (a long flexible metal rod and shovel).  With these weapons they plow antiquities-rich fields searching, and all too often finding, lost treasures hidden for centuries.

The metal rod hasn't changed much over the years.  It is a simple pole used to probe the ground.  When the rod is hammered or twisted into the ground and comes in contact with an air pocket or something solid, looters dig a test hole knowing that below there is likely to be an environment created by man such as a chamber tomb.  Ancient tombs are known to possibly contain sarcophagi, vessels of all kinds, jewelery, and coins make them attractive for looting. Undocumented, the freshly dug illicit antiquities then flow into the licit market, and through laundering often become the "property of a Swiss gentlemen".

As the largest exhibition of stolen art in the world, the 200+ objects in this Rome exhibition are impressive.  The fact that we can see them is thanks to the unprecedented collaboration between MiBACT, the Italian Ministry of Heritage and Culture and Tourism, the National Gallery of Ancient Art of Rome - Palazzo Barberini, the University of Roma Tre (Department of Humanities) and the hardworking Comando Carabinieri Tutela Patrimonio Culturale.  

To bring art crimes to the public's attention the collaborators have enriched the exhibition space with educational panels, made by the University of Roma Tre to help visitors gain a better understanding of the damage caused by the illicit trafficking.  These panels also explain in detail the process of investigations and recoveries, as well as the importance of protecting art in advance of it going missing.

If you ever wanted irrefutable proof that a large, well trained police force can have an impact on art crimes, this exhibition both visually and emotionally hands you that evidence wrapped in a painfully vivid, artistic bow.

Want to whet your appetite to what you will see on display?  Take a look at this video taken at the exhibition's opening and see if you spot other works that you know. 

This free exhibition runs through 30 October 2016 in Rome at:

Gallerie Nazionali di Arte Antica di Roma

Palazzo Barberini

Via delle Quattro Fontane 13 – Roma

Opening hours 10-18

(Closed on Mondays)

Do you happen to know the whereabouts of Psyche? Its the painting that graces this cover of the new Awa Press book:  Art Thieves, Fakers & Fraudsters: The New Zealand Story? 

The publisher asks, because it went missing 74 years ago from Robert McDougall Art Gallery in Christchurch, and has never been seen again.

Psyche was a massive turn-of-the-century work painted by British artist Solomon J. Solomon. It had been torn from its gilt frame. An inspection of the building found wax matches on the floor. Some window catches had been tampered with and a glass pane broken.

Yet there seemed no possible way thieves could have got the painting out of the gallery and through the locked gates of the surrounding Botanic Gardens.

Was it an inside job? A wartime prank by visiting US servicemen? A phantom operating through a locked skylight?

The Psyche mystery is just one of the intriguing stories in Art Thieves, Fakers and Fraudsters: The New Zealand Story. 

Author Penelope Jackson is an art historian, former director of Tauranga Art Gallery, and founding member of the New Zealand Art Crime Research Trust, set up in 2015.

Lest we think that art theft, faking and forgery are things that happen only in other countries, Jackson's book unveils a catalogue of Kiwi home-grown skulduggery. 

Some crimes, such as the heist of the $2 million Colin McCahon Urewera Mural from the visitor centre at Waikaremoana, have made headlines, but others have not been widely publicised by galleries perhaps anxious to not to deter potential donors.

With many valuable art collections hanging in private homes, Jackson also includes timely suggestions on how to ensure artworks don’t disappear out the door, like five much–loved paintings that took flight from an Auckland home twenty-five years ago. They, too, have never been found. 

And if you’re advertising your house for sale on New Zealand's Trade Me, you may want to read this book first.

Take a look at what the academics in the field are saying: 

Art Thieves Fakers and Fraudsters: The New Zealand Story by Penelope Jackson

Release date: October 14, 2016; RRP: $40.00

For a review copy, cover image, extracts, and/or interview with the author, contact Sarah Thornton, sarah.thornton (at) prcomms.com; (09) 479-8763/021 753 744

As Geneva officials at the Ports Francs et Entrepôts de Genève SA attempt to address previously raised concerns about the risks surrounding the trade in stolen antiquities, both in terms of money-laundering and as a potential support for arms traffickers or terrorist groups, tighter controls have been implemented today on shipments which affect everyone in the art shipping industry that handle the shipment of antiquities to this free port. 

Originally set to be implemented this past summer, the new rule requires that anyone wanting to store ancient artefacts at the sprawling facility will have to undergo checks by an independent firm of specialists hired by the über-warehouse.  This group is tasked with investigating the validity of requests and the precise origins of any antiquities before the object is approved for transport to the complex for subsequent storage.  

The new check applies to all objects classified under HS Code 9705.   HS classifications are based on standardised international codes used in shipment data as a means of classifying specific types of goods.  Goods listed under this code are deemed to be "works of art, collectors' pieces and antiques, collections and collectors' pieces of zoological, botanical, mineralogical, anatomical, historical, archaeological, palaeontological, ethnographic or numismatic interest."

According to the Ports Francs et Entrepôts de Genève SA website, the first step of this procedure will be a documentation check made by KPMG, one of the Big Four global consultancy firms, (along with Deloitte, Ernst & Young, and PricewaterhouseCoopers) more famous for their financial audit, tax and advisory services. What this powerhouse finance firm's experience is as auditors of artwork provenance is not clear.  There is no mention of art services on the KPMG website. 

But moving along to what the shippers need to submit. 

To complete the new due diligence check, potential customers who wish to use the facility will be required to ship, a minimum of ten days prior to the intended shipment date, "all documents in your possession (invoices, lists, certificates, export licenses, passports, etc.) as well as a good quality photograph" for inspection.  The Ports Francs website doesn't specify what the photo should be of:  the object to be stored or a passport photo of the shipper.  

The Ports Francs et Entrepôts de Genève SA website further states that "an Artloss register certificate is a big asset." 

While the Geneva freeport may see a certificate from an art loss database such as London-based Art Loss Register or Art Claim (another art loss database maintained by Art Recovery International) as the owner having done their individual due diligence these types of certificates are only helpful in cases where known objects are stolen from known collections.  Such paper assurances offer no proof that the proposed antiquity is of licit origin and are ineffective in diminishing the illicit trade in archaeological remains.   

Undocumented, looted antiquities without collection histories will never appear in art loss databases.  This has been underscored over and over again. Undocumented, looted antiquities appear most often at border crossings and all to frequently launder their way up and into the art market, popping up with embarrassing regularity in museum and private collections despite sometimes having accumulated probable paperwork that on first glance tacitly legitimises them along the way.

When suspicious, rather than relying on certificates, KPMG would be better served consulting with the WCO,  academics researching in the field of illicit antiquities and the International Council of Museums (ICOM).   ICOM's “Red Lists” offer detailed descriptions of objects the auditors should be suspicious of coming from countries that may currently be or have been at risk of looting. Trusting that an object is "clean" merely because it has a stack of papers tied to it will not deter trafficking.

In 2013 Connaissances des Arts, estimated that the Ports Francs free port held around 1.2 million artworks. Its huge warehouses offers 150,000 square meters (1.6 million square feet) of storage space.  In more visual terms, that's the equivalent of 22 soccer pitches.  

While the amendment to the Swiss Customs Act, approved by the Swiss parliament on Jan. 1, 2016, and this new ruling give new power to administrators, customs authorities and contractors to monitor and control the entry and exit of goods from its tax-advantaged art-and-collectible storage facility, there is still a lot of work to be done.

Four major free ports in Switzerland dominate the market in storing high value goods. Five free ports worldwide have bet their marketshare specialising in the storage of priceless art works. The oldest is Ports Francs in the La Praille neighborhood in Geneva, Switzerland which was founded in 1850.  The others include the ultra chic Singapore Freeport which opened in 2010, the Monaco Freeport by S.E.G.E.M., in Fontvieille, just minutes away from the lucrative casinos of Monte-Carlo.

Le Freeport in Luxembourg opened its doors just two years ago, benefiting in part from the overflow of taxable goods once destined for Ports Francs in Geneva.  In the Far East the Beijing Freeport of Culture located adjacent to Beijing Capital Airport, and the much anticipated Shanghai Le Freeport West Bund, which is lated to open in 2017, both will allow the art market to store a substantial amount of art in mainland China.

In 2013, the European Fine Art Fair annual report, known in the field as the TEFAF Art Market Report cited an estimate which estimated that approximately $100 billion of art is stored in tax friendly free port facilities.  To be effective in deterring trafficking through these facilities, any inspections undertaken in free ports should be harmonised in all facilities across the globe. 

By: Lynda Albertson

Tomorrow, September 15, 2016 the United States Senate Judiciary Committee will vote, or not, on S.3155, the Foreign Cultural Exchange Jurisdictional Immunity Clarification Act.

This bill on looted cultural artifacts in the US was first introduced by Senator Orrin Hatch [R-Utah] and subsequently cosponsored by Sen. Dianne Feinstein [D-CA], Sen. John Cornyn [R-TX], Sen. Christopher Coons [D-DE], Sen. Mike Lee [R-UT], Sen. Charles Schumer [D-NY], Sen. Thom Tillis [R-NC], Sen. Richard Blumenthal [D-CT], Sen. Richard Durbin [D-IL], Sen. Al Franken [D-MN], Sen. Lindsey Graham [R-SC], Sen. Tom Udall [D-NM], and Sen. Amy Klobuchar [D-MN]. 

The Foreign Cultural Exchange Jurisdictional Immunity Clarification Act would amend the federal judicial code with respect to denial of a foreign state's sovereign immunity from the jurisdiction of U.S. or state courts in commercial activity cases where rights in property taken in violation of international law are an issue and that property, or any property exchanged for it, is: 

(1) present in the United States in connection with a commercial activity carried on by the foreign state in the United States, 

or (2) owned by an agency or instrumentality of the foreign state and that agency or instrumentality is engaged in a commercial activity in the United States.

This bill would grant a foreign state or certain carriers immunity from federal or state court jurisdiction for any activity in the United States associated with a temporary exhibition or display of a work of art or other object of cultural significance if the work of art or other object of cultural significance is imported into the United States from any foreign country pursuant to an agreement for its temporary exhibition or display between a foreign state that is its owner or custodian and the United States or U.S. cultural or educational institutions; and

the President has determined that such work is culturally significant and its temporary exhibition or display is in the national interest.

If passed, this bill would grant many authoritarian regimes around the world the right to keep stolen art. Additionally the exception within the law for art stolen seized during World War II by the Nazi regime, has been narrowly interpreted, and if passed the bill would grant many of these looted works of art immunity from seizure. 

Ori Z. Soltes, Chair of the Holocaust Art Restitution Project ( “HARP”), expressed, through counsel, strong opposition to this bill via Lootedart.com, the central registry of information on looted cultural property from the period of 1933 to 1945. 

Three containers, searched by Italy's customs authorities have been seized by the Guardia di Finanza at the Port of La Spezia having been found to contain numerous smuggled works of art.  

The shipping crates, reported to be the property of a wealthy US businessman, are said to contain more than 100 objects, including several Roman era archaeological finds dating from the IV-III century BCE, 1 century CE Carrara marble statues, two large French-origin oil paintings dating back to the eighteenth century and various other antiquities and pieces of furniture. 

During the search, it was found that all the shipped items were imported without adequate proof of ownership or provenance.   

The objects, arriving from Miami, Florida, appear to have been smuggled into Italy in part, to furnish a home in the Florentine hills.  Local Italian authorities have filed a complaint against the US businessman for conduct punishable by the Italian Code of Cultural Heritage, the Italian Criminal Code and the Italian Customs Code.  

It has been estimates that the undeclared items, should proper provenance actually be established, would have an estimated import fee totalling approximately 23 thousand euros.  

As ARCA's blog readership generally knows the Association for Research into Crimes against Art is a research and outreach organisation working to promote the study and research of art crime and cultural heritage protection.  One of the ways we do this is by identifying emerging and under-examined trends related to various types of art crime and in doing so work to highlight developing strategies that advocate for the responsible stewardship of our collective artistic and archaeological heritage.  In furtherance of that, each year ARCA hosts a weekend summer art crime conference in Italy, where allied professionals, academic scholars, and students across interdisciplinary fields convene within the old walls of the quiet Umbrian town of Amelia, for what has come to be known as the Amelia Conference. 

This year's event was held June 24-26, 2016. 

As with previous years, the objective of the conference was to share perspectives and approaches working to abate art crime and illicit cultural property trafficking internationally, while facilitating an atmosphere of communication and collaboration between professionals working in the sector in order to share new and emerging approaches. The conference takes place mid-way through ARCA’s ten-course Postgraduate Certificate Program in Art Crime and Cultural Heritage Protection which in turn gives the Association's postgraduate students the opportunity to meet and speak with experts from all over the world while exchanging news, ideas and experiences.

The following report will provide a brief summary of the speakers’ messages in brief.

Photo Credit: Billie Fee

Alesia Koush, an art historian with Heritage Community Life Beyond Tourism® created by the Romualdo Del Bianco Foundation®, which has been operating for over twenty years for intercultural dialogue and peaceful coexistence in the world, gave the opening address.

Koush's research focuses on the protection of cultural heritage and she serves on the foundation’s international board of experts. In the framework of these activities, she conceived and coordinated two editions of the international workshop “Value Education for Culture, Peace and Human Development” – a theme representing the result of her multi-annual research, which she continues to develop participating at international conferences and publishing articles.

In Kouch's presentation “Without culture, there is no peace” she stressed that more recognition and legal protections for our shared, inalienable human right to culture are necessary. She reminded the audience of the teachings of Russian artist, Professor Nicholas Roerich and philosopher Swami Vivekananda who both stressed the need for protection of cultural values, stressing cultural education as a a critical component of teaching society of the necessity of preserving universal human values.

After the opening address, Saturday's first panel elaborated on the current climate of civil, national, and international law as it relates to cultural heritage protection.

Dr. Saskia Hufnagel, co-director of the Criminal Justice Centre at Queen Mary University of London, discussed the restitution of cultural heritage objects within the German context, pointing out that criminal prosecution can often be faster than civil restitution.

Ivett Paulovics and Pierfrancesco C. Fasano, Milan-based Attorneys-at-Law from FASANO Avvocati, noted the initial shortcomings and subsequent changes in the EU legal framework for unlawfully removed cultural objects and the important changes brought about by EU Directive 2014/60, involving a shift in the burden of proof onto the possessor of the object.

Lastly, Silvia Beltrametti of the University of Chicago Law School presented her study on the impact of court convictions of antiquities dealers on pricing and provenance of ancient artifacts at auction. Her analyses concluded that international treaties and legal threats correlate to a greater market demand for items with clearer and demonstrable provenance. The relationship was clearly exemplified by spikes in the price of classical and Egyptian objects accompanied by better documentation of the collecting history corresponding with the timing of high-profile prosecutions, like that of Fredrick Schultz and Giacomo Medici.
Elena Sciandra, a Ph.D. student in International Studies at the University of Trento School of International Studies with a M.Sc. in Criminal Justice Policy, shared her findings on illicit antiquities trafficking occurring in the Balkan region. Sciandra called for greater research dedicated to transit countries involved in trafficking activities.

Professors Kenneth Polk and Duncan Chappell examined and presented contemporary developments in the Antipodean art world. Dr. Polk is a retired Professor of Criminology at the University of Melbourne and continues to serve as a researcher on such topics as art theft, art fraud, and the illicit traffic in antiquities.  He also has been recently appointed by the Australian Government to the National Cultural Heritage Committee. Dr. Chappell is a lawyer and criminologist, currently teaching as a Professor in the Faculty of Law at the University of Sydney, and as a Conjoint Professor in the School of Psychiatry at the University of NSW. He is also the Chair of the International Advisory Board of the Australian Research Council’s Center of Excellence in Policing and Security and ARCA's Art and Cultural Heritage Law professor for the Postgraduate Certificate Program. Together Polk and Chappell noted that typical trafficking portals in their region include Hong Kong, Bangkok, and Singapore and both cited multiple cases and legal instruments, including the “Head of Man” sold by Subhash Kapoor and the Australian 1986 Protection of Movable Cultural Heritage Act’s Section 14 on Unlawful Imports.

Conference Icebreaker with ARCA Minerva Scholars Ahmed Kzzo, Zuhoor Khalid Ali Al-Ansi, Ameer Doshee Jasim and Dr. Giorgio Buccellati and  Dr. Marilyn Kelly Buccellati