Global Leaders in Museum Security Confront Emerging Threats in the Art Market

Executive Director Tess Davis and leading Ukrainian heritage professional Ihor Poshyvailo discuss threats to museums in Ukraine, and the world.

Recent years have been witness to the world’s leading museums caught up in scandals, lawsuits, and even criminal prosecutions for acquiring, possessing, or even just displaying stolen or looted art and antiquities. Together, actors in public and private cultural sectors have made significant progress on these fronts, but much remains to be done. 

Responsible players in the art market are also beginning to recognize their vulnerability to new emerging threats—that is financial crimes in the art market.

Addressing the world’s leading experts in museum security at the Smithsonian National Conference on Cultural Property Protection held at the Getty Museum, Executive Director Tess Davis spoke about recent case studies of economic crime, providing a new perspective on the leading risks to museum institutions’ staff and reputations. Davis opened the discussion with this affirmation,

“Any institution that operates within the art market, any institution that accepts donations, frankly any institution that operates globally, even—and perhaps especially—public institutions like museums, needs to be aware of what is happening.”

Following her remarks, Davis interviewed Dr. Ihor Poshyvailo, General Director of the National Museum of Revolution of Dignity and the Co-Founder and Coordinator of the Heritage Emergency Response Initiative. Dr. Poshyvailo has been on the frontlines of the war of Russian aggression in Ukraine, experiencing firsthand how cultural identity and heritage have become weapons and victims in the ongoing conflict.

Historical propaganda has long been a central component of Moscow’s information warfare campaign. However, since the 2014 invasion of Crimea, art has likewise been a documented tool for key Kremlin allies to evade sanctions, launder money, and hide their substantial assets. Recalling looting in museums by Russian armed forces, Igor painted a picture of the harsh realities museum professionals on the ground in Ukraine face to this day.

From the event, participants gained a greater appreciation of the risks inherent in today’s art market. As both market participants and stewards of sought-after cultural materials, museum institutions have tremendous potential to change the art world for the better–or worse.

Follow the critical work of the Heritage Emergency Response Initiative

Learn more about Russia’s cultural warfare in our Think Tank Policy Brief, here.

Read AC Founder and Chair Deborah Lehr’s Op Ed on how Russian oligarchs use the art market to evade US Economic Sanctions, here.

G7 Presents Targeted Actions to Combat Illicit Art Crime and Antiquities Trafficking

G7 Italian Presidency Convenes World Powers to Confront Transnational Threats Posed by the Illicit Trade In Cultural Goods

On September 19-21, world leaders met in Naples for the 2024 G7 Cultural Ministerial. At the meeting’s conclusion, the G7 leaders adopted the Ministerial Declaration on Culture, Common good of humanity, and Common responsibility.

Like the Group of 20 (G20), the Group of 7 (G7) unites global economic leaders to confront the world’s leading problems. Current G7 members include the United States, Canada, France, Germany, Italy, Japan, the United Kingdom (UK), and representatives form the European Union.

This year, Italian Minister of Culture Alessandro Giuli brought Ministers of Culture from the G7 Member States for a meeting, which addressed critical heritage issues including protecting cultural identities, culture in the time of artificial intelligence, climate change resilience, and—notably—the global fight against the illicit traffic of cultural goods.

The G7 Ministerial Declaration highlighted the threat posed by illicit art and antiquities trafficking:

Acknowledging that illicit trafficking of cultural property is not only linked to organized crime and in some cases even terrorist financing, the latter notably in conflict or post-conflict situations, but cultural property can also be misused for money laundering, corruption, tax evasion and sanctions evasion.”

The statement also importantly introduced targeted actions to combat these threats:

  • To improve the prevention and detection of transnational crimes involving art and antiquities, members committed to strengthening cooperation and coordination, with the help of leading and emerging international agencies in the space. Alongside established powerhouses such as UNESCO, ICCROM, OSCE, WCO and Interpol, the Declaration encouraged members to capitalize on protections offered by the United Nations Office on Drugs and Crime (UNODC). These protections are enumerated in the UN Convention Against Corruption (UNCAC) and the UN Convention Against Transnational Crime (UNTOC).
  • G7 members will consider the possible negotiation of bilateral agreements to streamline cooperation between our competent authorities in the process of research, identification and return of illicitly trafficked cultural property. Such agreements between countries with large markets for antiquities, so-called “market countries” would aid in preventing illicit cultural imports and would hugely benefit recovery and restitution efforts. 
  • To further transnational cooperation, the G7 states will use their advantage as tech pioneers to promote accessibility and interoperability among existing tools and national databases on stolen cultural property. Members also commit to support AI-powered investigative tools to analyze the art market and to monitor and inspect the illegal trade of cultural property, similar to the Stolen Works of Art Detection System (SWOADS) developed by the Italian Carabinieri Command for the Protection of Cultural Heritage. 
  • Lastly, members made major commitments for capacity building—particularly in developing countries— through partnerships with international organizations, culture and heritage professionals, law enforcement units and customs and judiciary authorities.

The Antiquities Coalition welcomes these recommendations, many of which are in line with those we have made in our three task force reports and a number of separate events. It is more critical than ever for market countries to take action in the global struggle to protect shared cultural heritage threatened by the illicit market. Combined the G7 countries account for more than 69% of the global art market. 

Access the Ministerial Declaration on Culture, Common Good of Humanity, and Common Responsibility and learn more about the ongoing work of the G7 Italian Presidency, here.

Check out recommendations from our G20 Task Force, our Financial Crimes Task Force, our Culture Under Threat Tasks Force, and our events with UNCAC and UNTOC.

AC Leaders Featured in New Podcast on Anti-Money Laundering Tools

The U.S. Art Market Remains a Safe Haven for Criminals, But Solutions Exist

In 2023, the global art market was valued at $65 billion. It remains the largest unregulated market in the world, making it vulnerable to a wide range of financial crimes. 

On September 18, Antiquities Coalition Chair and Founder Deborah Lehr and Executive Director Tess Davis were featured on the The AML Conversations podcast

The AML Conversations podcast aims to inform professionals and those interested in anti-money laundering (AML) about conversations happening in the government, private sector, and internationally. The podcast’s host, John Byrne, e-published Protecting the Art Market from Financial Crime: The Need for Action Now, which presents additional recommendations to protect the art market. He also served as a Chair of the AC’s Financial Crimes Task Force.

Together, Lehr and Davis provided expertise on how cultural artifacts have been and continue to be used to move illicit funds. In particular, the pair advised AML professionals on the most recent changes to legislation and how to apply them.

In 2021, Congress passed the National Defense Authorization Act for Fiscal Year 2021 (NDAA), in an effort to close regulatory loopholes that have made the American art market one of the largest unregulated markets in the world. This act removed antiquities dealers’ exemption from what are now standard anti-money laundering (AML) laws.

However, antiquities dealers are just part of a much larger art market. Lehr remarked that the art market remains a “sanctions black hole.”

In her 2024 Financial Times Op Ed, Lehr explores how Russian Oligarchs Arkady and Boris Rotenberg evaded U.S. sanctions to launder at least $18 million through the U.S. financial system. Childhood friends of President Vladimir Putin, the Rosenbergs control billions of dollars in contracts and investments tied to the Kremlin. In light of this sanctions black hole, Lehr emphasizes the urgent need for anti-money laundering (AML) and counter-terrorist financing (CTF) protections in the American art market.

It is critical that Congress apply the BSA to all dealers in cultural property, as, again, it has already done for all other sectors of comparable risk and scale.

Listen to the AML Conversations podcast, here.

Learn more about the 2021 Congressional Act on AML for antiquities dealers.

Revisit Lehr’s Op Ed in the Financial Times, “The US art market is a sanctions black hole.”

AC Urges the Public to Watch Closely: Ensuring Museum Accountability in Repatriation

Museum actions speak louder than announcements, especially when it comes to taking accountability for past wrongs.

While the return of an object to a country of origin is important, it is only one part of a comprehensive, ethical, and transparent provenance program. Other important steps include proactive collections research, open and honest communication and collaboration with stakeholders, updating policy for the 21st century, and following not only the letter, but the spirit of the law.

As  public institutions, museums owe this to their local, national and international, public audiences. Until then, the public should feel empowered to hold museums accountable, and should follow the their repatriation efforts closely. The AC is watching this space, and we encourage the public to do the same.

Read our recent LinkedIn article on the Met’s actions vs. announcements here and below, and follow the AC for more.

United States Strengthens Border Security to Intercept Stolen Ukrainian Cultural Treasures

New Regulations Seek to Fight Plunder and Pillage During Russian Invasion

The U.S. Government announced September 10, 2024 that it is imposing emergency import restrictions on at-risk art and antiquities from Ukraine, in a major victory for both the country’s cultural heritage and its people.

These new regulations require additional documentation to demonstrate certain cultural objects were legally exported from the country, following growing evidence of a rampant illicit trade by Russian forces and collaborators. If this paperwork is not provided, U.S. authorities may detain, seize, forfeit, and eventually repatriate the pieces. Ukraine officially requested such measures under the main international treaty to combat cultural racketeering, the 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property.

“Border security is a first line of defense against all trafficking, including cultural racketeering,” said Deborah Lehr, Chairman and Founder of the Antiquities Coalition. “Closing U.S. markets to stolen goods fights the illicit trade, while protecting consumers, be they individual collectors, dealers, or museums. These regulations will help to ensure that no American citizen unknowingly supports Russia’s campaign of violence against Ukraine and its rich heritage.”

During the invasion of Ukraine, in a policy orchestrated from the top by Vladimir Putin himself, cultural heritage has become an effective weapon of war. Historical propaganda has long been a central component of Moscow’s information warfare campaign. However, since the 2014 invasion of Crimea, art has likewise been a documented tool for key Kremlin allies to evade sanctions, launder money, and hide their substantial assets. In addition, invading forces and opportunistic criminals alike are looting archaeological sites and museums in conflict zones, material that is already (and frequently) surfacing on the U.S. market. While priceless to the Ukrainian people, these treasures are also a valuable commodity, further undermining the sanctions regime by directly funding the cash-strapped Russian State and its violent aggression. Finally, Russia is attacking the Ukrainian people by targeting their cultural heritage for destruction—an atrocity crime in and of itself, as well as a warning sign of impending genocide. 

As with all global problems, all nations have a role to play. However, since the United States remains the largest art market in the world, it has a particular opportunity to make a difference. Border controls like these are a much needed tool for law enforcement to identify and intercept looted and stolen cultural property. At the same time, they impose little added burden on legitimate importers.

To learn more about closing U.S. markets to illicit antiquities: https://theantiquitiescoalition.org/developing-implementing-solutions/closing-u-s-markets-to-illicit-antiquities/

AC Joins Other Experts in Qatar to Explore Solutions for Strengthening Legal Frameworks

The Antiquities Coalition was grateful to participate in The Third Doha Workshop to Combat Illicit Trafficking in Cultural Heritage: Strengthening the Legislative and Legal Framework and Building Institutional Capacities, hosted by the Qatar National Library (QNL), and the US, Italian, and French Embassies in Doha. 

The only U.S. NGO in attendance, the Antiquities Coalition was strongly represented at the event by Executive Director Tess Davis and Director of Programs Helena Arose. Davis and Arose joined distinguished speakers over the course of one week, and presented on different aspects of the legal framework to fight cultural racketeering: 

  • The illicit trade in art and antiquities is, first and foremost, a crime. Executive Director Tess Davis addressed how, nationally and internationally, we must take better advantage of existing laws and conventions combating corruption, fraud, money laundering, sanctions evasion, and terrorist financing. Pursuant of a whole-of-UN approach, she recommended the harmonization of UN treaties, such as those overseen by UNESCO and UNODC, UN Office on Drugs and Crime.
  • Director of Programs Helena Arose presented on soft law as well as other policies, such as declarations, principles, and resolutions, which are not legally binding, but can help address gaps in the current legal framework for protecting cultural heritage, drawing from her own work at the AC. She concluded her talk with a recommendation to optimize soft law tools to build momentum for legal change, while filling the gaps in existing policy.

AC-led discussions complemented themes across the conference, which highlighted trends in legal implementation and adaptation–namely, the challenges and progress made in tailoring 20th century French laws for modern Middle Eastern contexts. All speakers noted that the framework has flaws: inconsistent translation into Arabic, gaps in the criminalization of illicit antiquities trade, and overall lack of region-specific law enforcement and judiciary tools.

Poor understanding creates poor policy. Dedicated, interdisciplinary research into existing legal frameworks and evolving problems is essential to ensure that policymakers account for the needs of local and international communities.

Learn more about the conference here.

Art Market Loopholes Again Threaten U.S. Economic Integrity and National Security

Federal Indictment Charges Kremlin Allies with Money Laundering and Sanctions Evasion

On September 5, the U.S. Department of Justice unsealed two criminal indictments charging dual U.S.-Russian citizens with multiple felonies for using art, antiques, and other methods to violate sanctions imposed after the 2022 illegal invasion of Ukraine—a scheme that also allowed the married couple to launder at least $1 million through the U.S. financial system. 

Dimitri and Anastasia Simes allegedly provided services to and received substantial benefits from sanctioned Russian individuals and entities, including Channel One Russia, the state-controlled television network, and oligarch Aleksandr Udodov. Anastasia, specifically, is charged with committing these crimes for Udodov through the purchase of art and antiques from over 30 dealers and galleries in both the United States and Europe, exploiting the global art market’s lack of regulation and transparency. Udodov, reportedly a close friend of Russian Prime Minister Mikhail Mishustin, is an entrepreneur with “mysterious wealth,” who was sanctioned by the U.S. government in February 2023. He was previously investigated by both Swiss authorities and Aleksei Navalny’s Anti-Corruption Foundation. 

While both of the Simes remain at large, their indictment sends a strong message that the U.S. government is beginning to crack down on financial crimes in the U.S. art market, which remains the largest in the world. It is also arguably the largest unregulated market in the world making its participants highly vulnerable to criminal misuse. This is because the American art market remains largely excluded from the Bank Secrecy Act, the main U.S. anti-money laundering statute, which currently protects every industry of comparable risk and scale. The Simeses are not the only bad actors to take advantage of this gap—previous law enforcement and media investigations have revealed similar schemes by Arkady and Boris Rotenberg, close associates of Vladimir Putin himself, as well as Nazem Ahmad, a high-profile Lebanese collector turned Hezbollah financier.

“We commend the Justice Department’s KleptoCapture Task Force for its work on this case,” said Deborah Lehr, Chairman and Founder of the Antiquities Coalition. “The US art market remains a means for evading US sanctions and it is time for the Congress to close this loophole.”

Access the 2024 DOJ Indictments here.

Read more about how the U.S. art market remains a “Sanctions Black Hole.”

AC’s Tess Davis joins Whale Hunting Podcast to Expose Terrorist Financing and the Art Market

Tess Davis, Executive Director of the Antiquities Coalition, joined a recent episode of Whale Hunting, “a weekly podcast that pulls back the curtain on the hidden worlds of money and power.” Davis and host Tom Wright, an award winning journalist and Pulitzer finalist who focuses on financial crime, dove into risks facing the global art market from cultural racketeering and related crimes like money laundering and terrorist financing. According to the show’s promo:

You’ve probably heard of blood diamonds, but what about blood antiquities? Today, most trappings of wealth–like cash, diamonds or gold–are subject to stringent regulation. But not fine art and antiquities. Somehow, the art market has escaped the toughest rules, becoming a favored global hub for dirty money. This week on Whale Hunting, Tom Wright is joined by Tess Davis, executive director at the Antiquities Coalition, where she leads work to tackle the illicit trafficking of antiquities and ancient art. It’s a trade used to launder money by Russian oligarchs and sanctioned terrorist groups alike. Together, Tom and Tess take a deep dive into the dark side of the art world, discussing the bad actors using art as their playground, the complicity of major institutions, and what can be done to reform the art business.

Previously, Whale Hunting featured Tess as an expert in their Dynamite Doug podcast and articles about the infamous antiquities trafficker Douglas Latchford, responsible for looting and smuggling countless Cambodian artifacts into the U.S. as part of the “the Killing Fields” genocide. Only recently have these crimes been addressed, as institutions like the Metropolitan Museum of Art continue to identify and return stolen works to the Kingdom of Cambodia.

Listen to the full episode here.