Foreign works can leave the country, but with many exceptions
Circular No. 28 of 20 June sets out the criteria for a 'significant link' with Italy
4' min read
4' min read
Foreign works of art can only be notified or blocked for export if they have a 'significant link' with the Italian cultural heritage. This is, in brief, the innovative principle introduced by Circular No. 28 of 20 June 2024 of the General Directorate for Archaeology, Fine Arts and Landscape (DG ABAP) of the Ministry of Culture. It follows, therefore, that - in the presence of a foreign work of art - the Export Office that decides to deny the request for a certificate of free circulation must first and foremost highlight the link of the work of art with Italy and Italian culture.
Many question marks
.But what is meant by 'foreign work of art'?
On this point, the circular defines the work of a foreign author performed outside Italy as such (therefore all works performed by foreign authors in Italy are not included).
In which cases does the aforementioned connection between the so-called foreign work and Italian culture exist, which would legitimise a potential refusal to export? 'criteria of connection') in the presence of which such a connection must be considered to exist:
1) the belonging of a foreign good to an Italian historical collection (it is not specified, however, what is meant exactly by "historical collection");
2) the relevance of the work with the history of Italian culture;
3) historical links of the foreign author with Italy (therefore, given the use of the term "historical", the case of sporadic contacts between the author and Italy or not connected to artistic reasons should be excluded).
According to the Circular, moreover, the Export Office - after adequately highlighting the link between the foreign work and the national cultural heritage - may deny the export title only where (in addition to the aforementioned link between the work and the Italian cultural heritage) at least two of the six criteria set forth in Ministerial Decree 537/17 exist:
1. artistic quality of the work;
2. rarity in a qualitative and/or quantitative sense;
3. relevance of the representation;
4. belonging to a historical, artistic, archaeological, monumental complex and/or context;
5. particularly significant testimony to the history of collecting;
6. relevant testimony, from an archaeological, artistic, historical, ethnographic point of view, of significant relations between different cultural areas).
The time limit
.And is it possible to bind foreign works that - regardless of their connection with Italian culture - have only been in Italy for a few years?
The Circular seems to exclude that such works can be subject to a restriction or denial of export, since 'in principle, it will not be possible to deny the exit of a foreign good of historical interest present on Italian territory in an incidental or passing manner'.
