Combatting illicit trafficking in cultural property focus of OSCE-organized Turkmen-Afghan workshop in Turkmenistan

2019 ◽  
Keyword(s):  
Cultural Property ◽  
Illicit Trafficking

scholarly journals The Smuggling of Art, and the Art of Smuggling: Uncovering the Illicit Trade in Cultural Property and Antiques

2009 ◽  
Vol 1 (3) ◽  
pp. 82-96 ◽  
Author(s):  
Raymond Fisman ◽  
Shang-Jin Wei
Keyword(s):  
United States ◽  
Western Country ◽  
Cultural Property ◽  
Illicit Trade ◽  
Reporting Incentives ◽  
Highly Correlated ◽  
Rich Countries ◽  
Illicit Trafficking

We empirically analyze the illicit trade in cultural property and antiques, taking advantage of different reporting incentives between source and destination countries. We generate a measure of illicit trafficking in these goods by comparing imports recorded in United States' customs data and the (purportedly identical) trade recorded by customs authorities in exporting countries. This reporting gap is highly correlated with corruption levels of exporting countries. This correlation is stronger for artifact-rich countries. As a placebo test, we do not observe any such pattern for US imports of toys. We report similar results for four other Western country markets. (JEL F14, K42, Z11, Z13)

Cultural Property Protection in the Light of the New Law of FRG 2016

2016 ◽  
pp. 199-212
Author(s):  
V. Soloshenko
Keyword(s):  
Cultural Values ◽  
Cultural Property ◽  
Federal State ◽  
Private Ownership ◽  
German Government ◽  
Cultural Objects ◽  
Balanced Approach ◽  
The World ◽  
New Challenges ◽  
Illicit Trafficking

Preparations for the adoption of the new Law on Cultural Values Protection, its discussion and debates, that seriously puzzled the German Government, and also caused acute criticism from the representatives of the world of art are analyzed. Attention is focused on approaches to the important and quite complex in this regard issue concerning preservation of illegal movement of cultural objects that belong to the cultural heritage of the state. The main purpose of the bill is to enhance the protection of cultural property and effectively combat the illicit trafficking of them. The intentions of the Federal Government to integrate pre-existing laws in the field of cultural values into one law are very important. The main principles of the law in the new edition are protection from being sold overseas collections of state museums, including exhibits from private ownership that are in museums temporarily. It is highlighted that under current legislation, in each federal state of art and other cultural treasures, including libraries, must be entered in the register of national cultural values. These items have privileges in taxation, their export outside Germany requires special permission from the Ministry of Internal Affairs of Germany, which can be stipulated for a number of restrictions and reservations. In the article it is underlined that he XXI century has set new challenges and tasks for German scientists that require operational, but balanced approach in their solution.

Combating the Illicit Trafficking of Cultural Property: The Multifaceted Response to a Complex Challenge

Global Jurist ◽  
2019 ◽  
Vol 20 (1) ◽  
Author(s):  
Letizia Casertano
Keyword(s):  
European Union ◽  
Cultural Heritage ◽  
Legal Framework ◽  
Cultural Property ◽  
International Terrorism ◽  
The European Union ◽  
Security Systems ◽  
Recent Developments ◽  
Illicit Trafficking

Abstract In recent years the phenomenon of the illicit trafficking in cultural assets has been addressed by international and European lawmakers as an important phenomenon within the complex criminal networks used for the financing of international terrorism. The factors that contribute most to its development include in particular the availability of advanced technologies for plundering archaeological sites and e-commerce, which has sped up trade by breaking down space-time barriers, along also with armed conflict, political instability and poverty. In order to bring about change and put an end to the phenomenon, some significant legislative choices have recently been implemented in the European Union. The aim is to create a regime that is as uniform as possible along with a network of standardised controls capable of intercepting illicit trafficking. The concerns of art market operators surrounding the introduction of new rules and regulations can be appreciated if it is considered that the vibrant lawful market of artworks operates in accordance with tried and tested arrangements. This article will seek to provide an account of the phenomenon in its full complexity, highlighting the most significant recent developments within the European Union. It will also discuss the role of information and digital technologies in the area of cultural heritage. In particular, the existing European legal framework represented by the main legal instruments adopted by the international community and by the European Union will be sketched out, including both civil law and criminal law responses to the illicit trafficking of cultural heritage. Within this context the importance of the issues of traceability within art transactions, which are mostly paper-based, will be investigated along with other related issues such as digital tracking of artworks (digital passports), art security systems and authentication technologies.

Part II Substantive Aspects, Ch.10 Grasping the Nettle of Illicit Export, Import, and Transfer of Ownership of Cultural Objects

2020 ◽  
Author(s):  
Shyllon Folarin
Keyword(s):  
Cultural Heritage ◽  
Codes Of Ethics ◽  
Cultural Property ◽  
Illegal Trade ◽  
International Treaties ◽  
African Countries ◽  
International Effort ◽  
Cultural Objects ◽  
The 1960S ◽  
Illicit Trafficking

This chapter studies the illegal import, export, and transfer of ownership of movable cultural objects. Illicit trafficking in cultural property has been going on for decades. The exponential increase in the 1960s raised concern, and this coincided with the wave of independence being granted to several African countries and Asian countries. Codes of ethics and international treaties are two important elements of the current, major international effort to prevent the damage caused by the illegal trade in cultural objects that continue to blossom. Another key element is increased globalization of cultural heritage law. Finally, the creation of national cultural heritage police units by all countries is very important.

Regional Workshop on the Fight against Illicit Trafficking of Cultural Property: Cape Town, South Africa, September 27–30, 2004

2005 ◽  
Vol 12 (4) ◽  
pp. 499-501
Author(s):  
Folarin Shyllon
Keyword(s):  
South Africa ◽  
Twentieth Century ◽  
Democratic Republic ◽  
Democratic Republic Of Congo ◽  
Cape Town ◽  
Cultural Property ◽  
Republic Of Congo ◽  
Regional Workshop ◽  
Illicit Trafficking

In the last decade of the twentieth century three UNESCO/ICOM regional workshops were held in Africa (Arusha, Tanzania in 1993, Bamako, Mali in 1994 and Kinshasa, Democratic Republic of Congo in 1996) on the fight against illicit trafficking of cultural property. In the first decade of this century already two UNESCO regional workshops have been held in Africa on the same theme. The first was held in Abuja, Nigeria in 2003, and the second, which is the focus of this report, in Cape Town, South Africa in September 2004.

Experiences of the Hungarian criminal jurisdiction concerning the illicit trafficking of cultural properties

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Gabriella Kármán
Keyword(s):  
Significant Risk ◽  
Organised Crime ◽  
Cultural Property ◽  
Background Information ◽  
Criminal Records ◽  
Cultural Goods ◽  
Content Type ◽  
Illicit Trade ◽  
Cultural Properties ◽  
Illicit Trafficking

Purpose The special purpose of this research was to identify the current features of illicit trade of cultural properties in Hungary and the procedures dealing with it. These offences pose a significant risk of damage to cultural property and have a strong link with organised crime. This relationship underlines the need for a criminal law approach worldwide in the field of the protection of cultural goods. Design/methodology/approach To explore the current situation in Hungary, an empirical research was conducted in 2018 with questionnaires designed to obtain data from the criminal records. To examine the phenomenon of “illicit trafficking”, the following types of crimes against cultural goods were selected: theft, dealing in stolen goods, robbery, budget fraud and criminal offences with protected cultural goods. Findings As a summary, it has to be stated that even though the number of the criminal procedure of these crimes in Hungary is low, it cannot be concluded that illicit trafficking of cultural goods in Hungary occurs only rarely. A specific characteristic of the phenomenon is high latency. To examine this phenomenon, the author has drawn up a list of indicators. Practical implications The aim of this project is to provide background information and materials for training programs. It is necessary to develop a more comprehensive understanding of the problem. The role of the experts is outstanding in these cases; the clear definition of their tasks and competence is very important. Information to all “actors of this scene” (from the collector to the art dealers) can contribute to the prevention too. Originality/value This study presents the characteristics of the criminal procedures and the difficulties of both the detection and the evidentiary process to provide educational material for training. The author would like to raise awareness about the problem and draw attention to the need for unified legal practice.

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