EU Antiquities ⁤Regulation⁢ Adds Burdens to Art Market

​ ‍ Updated June 10, 2025
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A new regulation ⁢set to take effect across the European Union ‍on June 28⁢ will significantly impact the trade​ of antiquities ​and​ artworks older than 200 years. Regulation EU 2019/880 ‍mandates ‍that European auction‌ houses,galleries,and ‌antique​ dealers provide thorough provenance research ​and documentation ​for cultural goods originating ‌outside the EU.​ This measure expands⁣ on a 2019 regulation designed to combat​ terrorism financing through illicit ‍art and‌ artifact sales. It also addresses growing global scrutiny of objects potentially ‍looted during​ colonial periods.

Art lawyer‍ Leila A. Amineddoleh said the⁣ new regulation places additional burdens on ‌the⁣ art market, increasing paperwork ⁤and costs. While the goals ⁣of combating terrorism ⁣and illicit‍ trafficking are commendable, Amineddoleh noted the regulation could disproportionately affect less expensive artworks,⁤ as collectors may‌ hesitate to invest additional⁣ resources ‍in items valued⁤ under $100,000.⁣ She added that determining the precise origin and⁢ lawful acquisition of pieces centuries old poses inherent compliance challenges.

According to Amineddoleh, establishing ⁣rightful ownership and clean provenance ​can be tough because not everyone keeps proof of ownership. When antiquities are looted,​ records of origin may not exist, making it hard ​to prove theft. Historians and experts play a crucial role in ​uncovering the origins and ownership history ⁣of these works.

The regulation allows limited legal‍ adaptability.If​ the country ‌of ‌origin cannot ‍be resolute, importers ⁤can provide evidence that the cultural⁢ goods were⁢ lawfully ⁢exported from the ⁣last country where they resided for at least⁢ five ‍years.

European ‍dealers already face⁢ commercial pressure from U.S. tariffs introduced in April 2025, which placed a 20% duty on imports from the EU. while‍ fine ⁤art is exempt, the tariffs apply to antiquities and collectibles. the new⁣ regulation is expected ⁢to increase costs and‌ delays⁢ due ‍to more complex⁢ procedures. Countries‍ like Italy, with⁣ stricter cultural heritage laws, are more accustomed ‍to this bureaucracy, where any item by an artist ⁣deceased over 70 years requires an export license, potentially preventing its departure.

Gallery installation featuring Renaissance portrait, lion sculpture, and baroque painting, showcasing diverse‍ artistic periods.
Robilant+Voena presenting ‌works by ⁤harumi Klossowska de‌ Rola, Alessandro Magnasco and Joshua Reynolds at TEFAF ​Maastricht, 2025. Robilant+Voena

Edmondo di Robilant, co-founder of Robilant+Voena, ​said that while his gallery⁢ prides itself on​ thorough provenance research, the new directive is concerning.He noted that post-Brexit‍ regulations‍ have already made transporting artworks ⁤cumbersome and⁣ expensive. Di Robilant added that while he understands the rationale behind the laws, they ​add to the burden of running a ⁢buisness. He affirmed the gallery’s commitment to providing the ⁤fullest possible ⁣provenance for its artworks.

While ​Directive 2022/542 aimed to ease ‌trade by harmonizing VAT rates on art across ⁤the EU, making artworks and‌ antiques eligible for reduced rates by January 1, 2025, the⁣ new regulation ⁤may counteract this⁢ by increasing costs⁣ and ⁤timelines.

In December 2024, the UN General Assembly recognized a‍ surge in illicit trafficking of cultural artifacts and ‍required member states to develop legal frameworks for‍ restitution and ‌prevent illicit trade. UNESCO is also ⁤developing‍ a “Virtual Museum of Stolen Cultural ⁤Objects,” set to launch in ​2025.

The global antiquity market has historically operated with minimal due diligence. However,recent regulations at the EU and ⁣international levels are rapidly changing this.

Directive‌ (EU)​ 2018/843, or the 5th ⁣Anti-Money Laundering Directive (AMLD5),​ requires art ​dealers, galleries, and auction houses to comply with anti-money laundering regulations for⁣ transactions of⁢ €10,000 or more.This has forced dealers to expand staff to handle compliance, including verifying buyer identity, identifying beneficial owners, and ​assessing ‍the origin of funds. ⁤Entities must also retain transaction⁢ records for ⁢five years and⁤ report⁣ suspicious activity to national⁤ Financial ​intelligence units (FIUs). The upcoming EU Anti-money Laundering Authority (AMLA) will further centralize and enforce compliance⁣ by 2026.

Failure⁣ to comply with AML procedures ⁢is ‍already having consequences.⁣ U.K. art⁣ dealer Oghenochuko ojiri was recently sentenced to two years and six​ months‌ in prison⁤ for failing to disclose sales to Nazem Ahmad, who has been under U.S.sanctions as 2019 for‍ alleged⁣ ties to‌ Hezbollah. Ojiri pleaded guilty⁢ to failing to disclose potential terrorist financing, having sold nearly £140,000 worth of ‌artworks to Ahmad.

What’s next

The art market faces ​increasing scrutiny and regulation. Dealers ⁤must adapt to new compliance ‌demands,including‌ enhanced due diligence⁤ and⁢ anti-money laundering measures,to navigate the evolving legal landscape and ‍ensure the legitimate⁣ trade of antiquities and artworks.