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Neil Brodie The key indicator for assessing archaeological damage is material volume – the number of looted antiquities in circulation. The high number of objects being traded shows how damaging the Internet market has been when compared to the smaller, more traditional, physical market. The provision of provenance for Internet sales of pre-Columbian antiquities Figures 4 and 5 show provenance statistics for pre-Columbian material sold on the Internet between 2011 and 2013. Most lots are offered and sold with no verifiable provenance, or with a provenance that fails to date back to before 1970. Thus customers are not preferentially targeting provenanced antiquities, nor are they being frightened off by the absence of provenance, which indicates either ignorance or insensitivity on their part towards the provenance-related issues of illicit trade and authenticity. Fig.4. Internet dealers and auctions. Earliest verifiable provenance of lots sold. Data from Brodie (2014: 257, table 13.4). Fig. 5. eBay: earliest verifiable provenance of lots sold. Data from Brodie (2014: 257, table 13.4). In 2013, the ICOM/INTERPOL/UNESCO disclaimer was not observed on any trade website inspected (except eBay, as will be explained below). More generally, advice on provenance or national and international laws is generally hard to find and usually inaccurate. Only a few websites offered any information about statutory regulation or 14
The Internet Market in Antiquities the importance of establishing a documented provenance. When advice was offered it was most commonly to assert the importance of the 1970 date of the UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property as a ‘bright line’, suggesting that material out of its country of origin before 1970 is legally on the market. This statement is incorrect. The legality or otherwise of export is determined by national legislation, not the 1970 UNESCO Convention. Where websites did provide information about appropriate laws and regulations it looked to be for cosmetic purposes only. On websites stating the importance of 1970 as a threshold date, for example, the majority of lots offered and sold had no dated provenance and thus nothing to guide a customer in search of pre-1970 material. Most websites did offer ‘certificates of authenticity’, seemingly guaranteeing the authenticity of objects sold and offering the customer some protection against fraud. In reality, these certificates are badly misleading. They offer a money refund if a purchased antiquity is shown to be fake. As this would entail the customer paying for expert opinion or scientific analysis, a simple refund of purchase price would still leave the customer out of pocket. There is no incentive for a customer to pay for the necessary examination, and therefore little legal or financial risk to a merchant knowingly or unknowingly selling fakes. The CCPIA and the Internet market in pre-Columbian antiquities In 1983, the U.S.A enacted the Convention on Cultural Property Implementation Act (CCPIA) in implementation of the 1970 UNESCO Convention. Under the CCPIA, States whose cultural heritage is in imminent danger of looting and illicit trade can ask for a bilateral agreement obliging the U.S.A to place import controls on designated categories of cultural material from the country concerned. The agreements are formalized by means of a Memorandum of Understanding (MOU) and run for five years. They are open to renewal. Fig. 6. Proportions of total lots sold from countries without and without MOUs reached under the 1983 CPIA. Data from Brodie (2014: 259, table 13.8). Many of the Latin American countries that are the source of pre-Columbian antiquities have agreed MOUs with the U.S.A. Thus the import of pre-Columbian antiquities from any country with an MOU would be in violation of US law. There is no real evidence, 15
Page 1 and 2: Cultural objects disappear every da
Page 3 and 4: Countering Illicit Traffic in Cultu
Page 5 and 6: Foreword The International Council
Page 7 and 8: France Desmarais is the Internation
Page 9 and 10: Marina Schneider studied Law at the
Page 11 and 12: An International Observatory on Ill
Page 13 and 14: Introduction illegal import and exp
Page 15 and 16: Introduction Countering Illicit Tra
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Page 21 and 22: Searching for Traces antiquities fr
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Museum Security and Risk Assessment
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