Transnational Crime Issues: Arts and Antiquities Trafficking
March 1, 2021
Transnational Crime Issues: Arts and Antiquities Trafficking
Illegal trade in arts and antiquities, also referred to as
Council of Museums. ECA’s Cultural Heritage Center
trafficking of arts and antiquities or cultural property, is a
houses numerous anti-trafficking initiatives, including:
long-standing practice through which criminal actors profit
from the destruction, looting, or theft of culturally
The Cultural Property Advisory Committee (CPAC)
significant items. Estimates of the financial value of this
reviews and makes recommendations to the Secretary of
illegal trade range from several hundred million to billions
State about requests from foreign governments for bilateral
of dollars annually. Certain characteristics of the arts and
agreements to establish U.S. import restrictions of
antiquities industries – such as confidentiality, challenges in
designated archaeological or ethnological material. This
documenting the provenance (ownership history) of certain
work is pursuant to the CCPIA, which authorized such
items, the use of intermediaries, and inconsistent due
agreements with state parties to the 1970 UNESCO
diligence practices – may contribute to the illegal trade and
convention in an effort to reduce incentives for pillage.
enable traffickers to gain access to the U.S. financial
Agreements are subject to certain requirements, including a
system. Congress has sought to strengthen U.S. responses
determination that the requesting state has itself taken steps
to arts and antiquities trafficking through means including
to protect its cultural property.
ratifying international agreements, directing executive
branch initiatives, and regulating relevant industries.
The Cultural Antiquities Task Force (CATF) was
established as directed by H.Rept. 108-401, which
Since the early 2000s, congressional interest in cultural
accompanied the Consolidated Appropriations Act of 2004
property trafficking as a national security issue has
(P.L. 108-199). Originally created to focus on the
increased amidst evidence of links to money laundering,
preservation of Iraqi antiquities, the CATF has grown to
sanctions evasion, and terrorist financing, including by the
coordinate interagency activities to combat antiquities
Islamic State. Recent federal government actions appear to
trafficking and support law enforcement trainings.
frame the issue as a challenge relating to transnational
crime, illicit finance, and global corruption and as an
The Cultural Heritage Coordinating Committee
opportunity to preserve cultural heritage, strengthen
(CHCC) was established in 2016 pursuant to the Protect
bilateral relationships, and build goodwill.
and Preserve International Cultural Property Act (P.L. 114-
151). The CHCC coordinates diplomatic and law
International Framework
enforcement efforts to protect cultural property. The CATF
The United States is a state party to the 1970 U.N.
became a working group under the CHCC in 2016.
Educational, Scientific, and Cultural Organization
(UNESCO) Convention on the Means of Prohibiting and
Preventing the Illicit Import, Export and Transfer of
Current U.S. Import Restrictions for Certain
Ownership of Cultural Property. Congress implemented the
Categories of Cultural Property
convention in 1983 through the Convention on Cultural
The CCPIA authorizes bilateral agreements for U.S. import
Property Implementation Act (CCPIA, P.L. 97-446 as
restrictions on certain categories of archaeological or
amended). In 2008, the United States became a state party
ethnological material. Agreements may not last or be extended
to the 1954 Hague Convention on the Protection of Cultural
for more than five years at a time. The CCPIA authorizes the
Property in the Event of Armed Conflict. The United States
President to apply restrictions without an agreement with a
expressed understandings and reservations about both
requesting state if the President determines that an emergency
agreements, which contained provisions relating to
condition applies, such as in the case of Yemen. In the cases of
safeguarding cultural property. The United States is also a
Iraq and Syria, Congress authorized the President to apply
member of certain inter-governmental entities that, as part
import restrictions without a request from those states.
of their activities, address arts and antiquities trafficking,
Bilateral agreements (20): Algeria (2019), Belize (2013), Bolivia
including the International Criminal Police Organization
(2001), Bulgaria (2014), Cambodia (2003), China (2009), Chile
(INTERPOL) and the World Customs Organization.
(2020), Colombia (2006), Cyprus (2002), Ecuador (2020),
Selected U.S. Agency Roles
Egypt (2016), El Salvador (1995), Greece (2011), Guatemala
(1997), Honduras (2004), Italy (2001), Jordan (2020), Libya
(2018), Mali (1997), Peru (1997)
The Department of State
The Bureau of Educational and Cultural Affairs (ECA)
Restrictions initiated on an emergency basis (3):
oversees U.S. efforts to protect and preserve cultural
Iraq (2008), pursuant to the Emergency Protection
materials. ECA leads public diplomacy efforts and supports
for Iraqi Cultural Antiquities Act of 2004 (P.L. 108-
third-party anti-trafficking efforts, such as the development
429);
of lists of cultural objects at risk with the International
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Transnational Crime Issues: Arts and Antiquities Trafficking
Other stakeholders argue that countries that have persecuted
Syria (2016), pursuant to the Preserve International
minority groups should not receive priority over diaspora
Cultural Property Act (P.L. 114-151);
communities in debates over ownership of such groups’
Yemen (2020), pursuant to CCPIA.
cultural objects. Congress may want to consider these and
Notes: Years noted mark the year in which import restrictions
other views in its oversight of import restrictions.
with the United States first took effect.
Process for Bilateral Agreements under the CCPIA.
The Department of State has also negotiated other relevant
Some observers have criticized the process for import
agreements - such as a 1970 Treaty of Cooperation between
restrictions as too burdensome, asserting that the
the United States and Mexico – and operates programs,
application requirements for foreign governments, timeline
authorized by Congress, that have offered rewards for
for review by CPAC, and need for renewal have contributed
information relating to cultural property trafficking.
to the limited number of agreements and the need for
emergency action for Iraq and Syria. Such critics have
The Department of Homeland Security (DHS)
proposed amending the CCPIA to default to automatic
DHS has investigatory and law enforcement responsibilities
import restrictions with state parties of the 1970 UNESCO
relating to arts and antiquities trafficking. U.S. Immigration
convention or to permit regional pacts, rather than requiring
and Customs Enforcement’s investigative arm, Homeland
pro-active bilateral agreements. Others commend the
Security Investigations, operates a Cultural Property, Art
current process, suggesting that continued deliberations
and Antiquities program focused on the smuggling of
over common preservation goals can strengthen bilateral
cultural property. U.S. Customs and Border Protection is
relations and improve public sentiment towards the United
responsible for enforcing import laws, including those
States. Congress may want to consider conducting oversight
under the CCPIA and customs statutes such as P.L. 92-587,
of the process for bilateral agreements.
Title II of which addresses regulation of importation of pre-
Columbian monumental or architectural sculpture or murals
Potential Application of the BSA to Art Dealers. The
and requires certification by the country of origin for the
FY2021 NDAA-required report on the art industry may
importation of certain stone carvings and wall art.
inform debates over whether to extend BSA requirements to
art dealers. Certain stakeholders have suggested such a
The Department of the Treasury
change, including in a Senate Permanent Subcommittee on
The Department of the Treasury leads efforts to counter
Investigations report from July 2020. The report focused on
illicit finance, including arts and antiquities trafficking. In
Russian oligarchs who evaded U.S. sanctions via
October 2020, the Office of Foreign Assets Control
anonymous shell companies and high-value art purchases,
(OFAC) published an advisory on sanctions violations risks
and recommended that Congress amend the BSA to apply
of dealings of high-value art work. OFAC has also
to businesses transacting in high-value art. As Congress
designated individuals on its Specially Designated
considers such proposals, it may also want to consider
Nationals and Blocked Persons List whose criminal
views from the art industry, which contend that increased
activities were linked to high-value art purchases.
regulation could place an undue burden on the U.S. market.
Recent Legislative Activity
Report Requirement under P.L. 114-151. The Preserve
The William M. (Mac) Thornberry National Defense
International Cultural Property Act required the President to
Authorization Act for Fiscal Year 2021 (FY2021 NDAA,
submit to Congress an annual report about U.S. efforts
P.L. 116-283) contained provisions relating to the illicit
pursuant to certain arts and antiquities trafficking-related
trade in arts and antiquities and illicit finance generally. In
statutes, among other provisions. Congress may wish to
particular, the FY2021 NDAA amended the Bank Secrecy
extend or modify that requirement, which expires in 2022.
Act (BSA, 31 U.S.C. 5311 et seq.), which requires certain
financial institutions to keep and file certain transaction
Trafficking of Native American Cultural Property.
records that may inform criminal, tax, and regulatory
Congress may also consider action on trafficking of Native
matters. The FY2021 NDAA amended the BSA to apply to
American cultural property. A Government Accountability
dealers in antiquities and required the Secretary of the
Office report from 2018 found that Native American tribes
Treasury, through the Director of the Financial Crimes
faced challenges preventing the overseas sale of their
Enforcement Network, to issue rules to carry out this
cultural items. The report attributed these challenges in part
amendment. Additionally, the FY2021 NDAA required the
to the lack of explicit prohibition of the export of such
Secretary of the Treasury to submit to Congress a study on
items under federal law and the informal nature of
“money laundering and the financing of terrorism through
interagency collaboration on the subject.
the trade in works of art.”
Social Media and Online Marketplaces. Some research
Issues for Congress
suggests that internet platforms may facilitate cultural
Merit of Import Restrictions. Some observers caution
property trafficking. Online sales may increase traffickers’
against stringent import restrictions for cultural property.
ability to find unscrupulous purchasers or to mislead good
Certain arts and antiquities professionals argue that foreign
faith consumers. Congress may want to assess the scope of
governments seek restrictions on too broad a range of items
online cultural property trafficking as it considers online
and that restrictions could jeopardize the treatment of
platforms and associated consumer education programs.
cultural items, as purchasers in destination countries may be
able to provide higher quality care for valuable objects.
Katarina C. O'Regan, Analyst in Foreign Policy
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Transnational Crime Issues: Arts and Antiquities Trafficking
IF11776
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