Towards a better cultural heritage protection and regulation of the art market: A critical assessment of Regulation 2019880 on the import of cultural goods into the EU and the 5th Anti-Money Laundering Directive
PhD student: Mrs A.M. de Jong
Promotors: Mrs Prof H.E.G.S. Schneider, D. Yates
Duration: 15/11/2020 - 14/11/2024
In the aftermath of the destruction and looting of cultural property by IS fears arose that the art market was being used for the financing of terrorism, next to pre-existing concerns of illicit sale of cultural goods and money laundering in the art market. In response the EU recently adopted Regulation 2019/880 on the import of cultural goods, and Directive 2018/843 updating the existing anti-money laundering framework. However, key figures operating in the art market, enforcement agencies, and academia have raised doubt whether the instruments fulfill their declared aims. This research project will thus assess the two instruments and surrounding legal framework in view of their objectives of combating i) illicit trade of cultural goods and destruction of cultural heritage, and ii) creating a conclusive framework to prevent money laundering through the art market. It will provide a critical overview of the current European and international framework and examine its national implementation and how it will affect stakeholders, ranging from private actors to enforcement agencies, through dogmatic and empirical legal research. Finally, conclusions will be drawn whether the European measures reach their goals of providing increased protection of cultural heritage and creating a more transparent and trustworthy art market.