Art Beyond Its Borders

The international circulation of works of art is a constant throughout history. What has changed over time is the value that communities have attributed to these objects, which were long considered solely for their aesthetic merit and as instruments for the display of power—power being a frequent (and interested) patron. Starting in the 19th century, artworks progressively acquired an identity-related value, becoming symbols around which communities recognize and unite themselves. Today, a "cultural asset" is broadly defined as a "testimony having value as a civilization" (Franceschini Commission, 1964). The material object that serves as its physical support must therefore be considered not only in its tangible form, but also as a vehicle for an intangible value—artistic, historical, archaeological, archival, and so on—that determines its cultural and social significance (as well as the need for specific legal protection). By virtue of this, the Treaty on the Functioning of the European Union, while establishing the principle of the free movement of goods within the internal market (Articles 34 and 35), allows Member States to impose restrictions and prohibitions on trade for the purpose of protecting national artistic, historical, or archaeological heritage (Article 36).

Section curated by CBM & Partners

In the United States, the regulation of cultural property exports is primarily entrusted to individual state laws or governed by international agreements with other countries. One example is the Memorandum of Understanding of October 29, 2020, which imposes import restrictions on specific categories of archaeological material originating from Italy.

In general, the United States does not require the issuance of licenses for the export of cultural property.

However, several federal laws affect the protection and circulation of such property:

National Stolen Property Act (NSPA) – 1934: provides penalties for the trafficking of stolen property, including cultural objects, when transported across state or national borders.

Archaeological Resources Protection Act (ARPA) – 1979: regulates archaeological excavations on federal and Native American tribal lands, governing the removal and transfer of archaeological finds to ensure their protection as an integral part of the national heritage.

Convention on Cultural Property Implementation Act (CPIA) – 1983: implements the 1970 UNESCO Convention and allows the U.S. government to impose import restrictions on cultural property originating from countries with which it has entered into bilateral agreements or that are subject to emergency restrictions.

Native American Graves Protection and Repatriation Act (NAGPRA) – 1990: establishes procedures for the return of human remains, funerary objects, sacred artifacts, and items of cultural heritage to direct descendants, federally recognized tribes, and Native Hawaiian organizations.

Holocaust Expropriated Art Recovery Act (HEAR) – 2016: provides victims of Nazi persecution and their heirs with legal tools to recover artworks that were confiscated from them during World War II.