Illicit Antiquities
Research Centre

against the theft & traffic
of archaeology

Editorial

Neil Brodie

McDonald Institute for Archaeological Research
Downing Street
Cambridge
CB2 3ER


Culture Without Context

Issue 7,
Autumn 2000

The value of the trade and Cultura

Internet antiquities auctions

Mysterious Achaemenid and Sassanian silver and gold

UK Select Committe report

Italian database

  • The value of the trade in antiquities worldwide is a matter for trade denial, academic counter-denial, media speculation, government enquiry, and even the occasional quantitative study. Auction results, of course, are on public record. Sotheby’s New York March 2000 sale of Indian and Southeast Asian ‘Art’ for instance realized just over $6 million, while three months earlier their sale of Antiquities and Islamic Art raised slightly above $4 million. It is what goes on outside the auction rooms that interests archaeologists, however, the value of what is termed the ‘invisible trade’ — although one suspects it is not so much invisible as hidden from the eyes of those who show an unwelcome, because not entirely commercial, interest. Although it is often rumoured that big deals go on out of sight, it is only very rarely that high-value lots are seen in public. One thinks for instance of the Sevso treasure, bought privately over a period of years, and now hoped to be worth about £40 million. At the October Cultura antiques fair in Basel another ‘treasure’ broke cover as David Bernstein offered a ten kilogram cache of Pre-Columbian gold for $3.5 million. Not up to Sevso standard perhaps, but a tidy sum nevertheless and one that Christie’s or Bonhams would be happy to see change hands at one of their London sales.

Cultura was in its second year, with 73 exhibitors, the majority of them dealing in antiquities. All objects above a certain price were passed through the Art Loss Register, thus ensuring the ‘highest possible standard of diligence’ according to Peter Blome, the Director of the Basel Museum of Ancient Art, writing in an advertising feature of the International Herald Tribune (October 14–15 2000). He went on to reassure those readers whose pockets did not quite run to Bernstein’s gold that nonetheless there were plenty of objects available to satisfy the more modest budget. Whether these low-value objects were searched on the Register isn’t clear — one suspects not. In any event, at the risk of boring our more informed readers, the Art Loss Register cannot (and does not claim to) contain details of antiquities which have been excavated without record and smuggled without trace. Data bases are invaluable in the fight against art theft, but as a defence against the circulation of illicit antiquities they are of only limited use — a necessary but not sufficient check.

In his advertising piece Professor Blome, who is a member of the board of Cultura, was also keen to defend the fair, arguing that the trade saves for posterity many objects that would otherwise have been lost. Hardly an original observation this, but his stance is a brave — some might say rash — one for a museum director. The role of academic and other cultural institutions in helping to legitimize the illicit trade in antiquities has been exposed often enough in the past, usually to the embarrassment of those involved. One can only presume that by lending his name and professional reputation to this commercial enterprise he is confident of its total legitimacy; Culture Without Context hopes his confidence is not betrayed by those he seeks to support.

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  • Antiquities Fairs are seen by some to be the way of the future, allowing dealers to dispense with the costly overhead of a showroom, while at the same time providing them with the opportunity to meet a larger and more diverse clientele. For others, though, the future lies with eBay and similar internet auction sites. At the time of writing there were on eBay over 3000 antiquities on offer, of various qualities, ranging from the rare to the replica. A typical piece is a Babalonian [sic] cylinder seal, claimed to be worth between $2500–$3000, and authenticated by Wilfred Lambert, although the date of authentication is not known. EBay is in trouble in the US over the possible sale of fakes and has received letters from the major archaeological organizations expressing their concern that eBay might be used to market illicit antiquities (see In the News p. 12). Their concern is justified. There are huge quantities of Roman coins for sale on eBay described as being from an area ‘north of Greece’ or, sometimes — more accurately — ‘Bulgaria’. It is not surprising then to discover that two illegal shipments of coins from Bulgaria — over 20,000 in total — have recently been intercepted at Sofia and London (see In the News). Also, in this issue Cacho and Sanjuán report on a smuggling ring that had been marketing looted antiquities from Andalusia on a ‘web site based in San José, California’.
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  • Talk of big money deals and Wilfred Lambert brings to mind the mysterious Achaemenid and Sassanian silver and gold seized by New York police in 1986. Authenticated by Lambert and insured for $18 million, its owner — London-based dealer Houshang Mahboubian — had arranged for its shipment from Zurich to New York where he had conspired with Nedjatollah Sakhai to bring about its theft, presumably in order to collect on the insurance. At the 1987 trial three expert witnesses argued that a large part of the material was fake, but Lambert stood by his original claim of authenticity. The pre-Zurich ownership history of the material does not seem to have been discussed, but, if known, could have spared the jury the discomfort of sitting through four expert testimonies.
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  • In October 1999 the Select Committee of the United Kingdom’s Department for Culture, Media and Sport announced an inquiry into the return and illicit trade of cultural property. Select Committees have no authority to legislate and cannot determine Government policy, they can however act as ‘lightning rods’ for controversial issues by attracting and synthesizing a diverse range of opinions, and are able to make recommendations which may influence Government policy. The Culture, Media and Sport Committee Inquiry into Cultural Property: the Return and Illicit Trade received 88 written depositions and took oral evidence from 22 individuals or organizations. It was concerned with two issues. First was that of the present-day illicit trade in cultural property: its nature and scale. Second, claims for restitution made against cultural property presently curated within UK museums. Its recommendations as regards the illicit trade were:
  • That a clear system for recording the ownership history of a cultural object, linked directly to the capacity to conduct a legitimate transaction, would be an extremely important tool in tackling the illicit trade in cultural property and is therefore desirable in principle. However, we have received persuasive evidence that a compulsory ‘log book’ providing such a record would face many difficulties, some of them probably insuperable, and we have concluded reluctantly that such a compulsory ‘log book’ would not represent a practical way forward. However, where organizations feel that they can establish some sort of voluntary ‘log book’ within their own resources this would be very much welcomed.
  • That the Home Office make a public commitment in the course of this year to establishing a national data base of stolen cultural property and cultural property exported against the laws of countries concerned under national police control. The Home Office should also seek to take forward detailed discussions with the police service, the insurance industry, the art market and private data base operators about the development of an open system which can meet the needs and draw upon the skills and funds of the private sector. Finally, the Home Office should liase closely with other countries to ensure that any national development is compatible with the wider international development of a data base of stolen and illegally exported cultural property.
  • That no changes be made to the United Kingdom’s current controls on the export of cultural property.
  • That the Government introduce legislation creating a criminal offence of trading in cultural property in designated categories from designated countries which has been stolen or illicitly excavated or illegally exported from those countries after the entry into force of the legislation, with a defence in law based on the exercise of due diligence as defined in that legislation.
  • That the United Kingdom sign the 1995 Unidroit Convention and that the Government bring forward legislation to give effect to its provisions and facilitate early ratification.
  • Assuming that the two previous recommendations are implemented, it is not recommended that the United Kingdom become a party to the 1970 UNESCO Convention.

The Government response to these recommendations (published in October 2000) was necessarily circumspect as it has set up its own advisory panel on the illicit trade to review both legislative and non-legislative options for action, which will take the Select Committees recommendations into account, and which has been asked to report to the Government before the end of November 2000, at which time the Government will then make a further response to the Select Committee.

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In Italy, the Comando Carabinieri has set up a web site with photographs of over six hundred stolen archaeological objects. It can be found at www.carabinieri.it/tpa/tpa.asp


First posted March 2001; Page design updated September 2006