Collector Matthew Polk, a board member of the Committee For Cultural Policy and trustee of a number of museums, has written a detailed paper on how the war on terror has shifted cultural property policy from preservation to enforcement, with a number of unwarranted and unfortunate policies that have the potential to damage the trade and museums.
From grossly exaggerated figures for the revenues raised by ISIS from looted artefacts to the silencing of dissent on such topics, Polk studies their sources and effects, and notes how law enforcement policy has moved from evidence-based debate to political expediency.
“Reading this you could be forgiven for thinking that museums should just give up and close their doors,” writes Polk. “Museums take their public missions seriously and should be at the forefront of world cultural heritage preservation efforts. Instead, museums are being pushed aside as legislative efforts driven by a fear of terrorism create a nightmarish regulatory environment in which museums, their staffs, trustees and donors are often portrayed as villains.”
Proposals under the US TAAR Act are even worse: “It is a shocking but real possibility that US citizens and institutions could suddenly find themselves subject to thousands of foreign laws not even available in English which could be applied retroactively at the whim of government officials as will apparently now be the case in the EU,” Polk notes.
He also accuses law enforcement of preferring “high profile actions, such as the Elliot Ness style raids conducted during 2016 NYC Asia Week or Fish and Wild Life’s SWAT raids on Gibson Guitars in 2009 and 2011” and says this suggests that “they are more interested in high profile press coverage than in seeking cooperation to help stamp out illegal or destructive activities”.
“This is unfortunate as it has created an atmosphere of fear bringing less transparency to the art markets when what we need is more,” he concludes, adding: “Enforcement has also relied increasingly on civil forfeiture actions to seize objects even when no crime has been proven and customs continues to use administrative obstacles and minor paperwork errors as justifiable cause for seizing objects entering the country without having to prove they are in any way illegal.”
The full article appears on the Committee For Cultural Policy website.