Abstract
Preventing the crime of money laundering through works of art requires an analysis of the roles of each actor in the art world, including those in the private sector (galleries, museums, auction houses and insurance companies) and the public sector (Financial Intelligence Units and the Internal Revenue Service).
This is a preview of subscription content, log in via an institution to check access.
Access this chapter
Tax calculation will be finalised at checkout
Purchases are for personal use only
Notes
- 1.
In Art Theft and Forgery Investigations, p. 16.
- 2.
Based on the work of Robert Spiel, Jr. (Art Theft and Forgery Investigations, pp. 16–20), augmented here by the author.
- 3.
There are website that specialize in appraisals. In Brazil, for instance, we have www.catalogodasartes.com.br, accessed June 3, 2012, which offers price consultation on art and antiques, with photos, specifics, values in both reals and dollars, data, and sources of research.
- 4.
See A Arte como Investimento. A Dimensão Econômica da Pintura. São Paulo: Nobel and Universidade de São Paulo—Edusp (joint publication), 1989, p. 100.
- 5.
Cf. Art Theft and Forgery Investigation, p. 25.
- 6.
In Reflections on the Causes of Illicit Traffic in Cultural Property and Some Potential Cures. Art and Cultural Heritage: Law, Policy, and Practice, p. 64.
- 7.
According to Sarah Thornton, Christie's and Sotheby's between them “control 98% of the world market for art auctions. The word sale is suggestive of discounts or bargains, but an auction is always after the highest possible price. Indeed, it is precisely these extraordinary sums that have transformed auctions into high society sporting events.” In Sete dias no mundo da arte. Bastidores, tramas, intrigas de um mercado milionário. Translation: Alexandre Martins. Rio de Janeiro: Agir, 2010, p. 26.
- 8.
Headquartered in Lyon, France, http://www.interpol.int/. Accessed May 21, 2012.
- 9.
Art and Cultural Property Crime, which includes theft, fraud, looting and national or international trafficking, generates $6 billion in annual losses, and the FBI has a specialized department (the Art Crime Team) made up of fourteen special agents with a computerized index of artworks stolen worldwide. (See http://www.fbi.gov/about-us/investigate/vc_majorthefts/arttheft. Accessed May 21, 2012.)
- 10.
A private database available for recording, searching and recovery of artworks. See http://www.artloss.com/en. Accessed May 21, 2012.
- 11.
See http://whc.unesco.org/en/list. Accessed May 21, 2012.
- 12.
See http://icom.museum/programmes/fighting-illicit-traffic. Accessed May 21, 2012.
- 13.
Cf. Art Theft Perfecting the Art of Money Laundering, p. 2.
- 14.
Second Report on the Situation of Human Rights Defenders in the Americas. Inter-American Commission on Human Rights. Published by the Organization of American States (OAS), December 31, 2011, p. 33, item 91.
- 15.
Cf. John K. Villa (in Banking Crimes: Fraud, Money Laundering and Embezzlement, vol. I, 2011–2012 Supplement, § 4:11).
- 16.
Cf. Robert E. Spiel, Jr. Art Theft and Forgery Investigation, p. 213.
- 17.
In Art Theft, Perfecting The Art of Money Laundering, p. 8.
- 18.
Cf. The Art of Money Laundering, pp. 112–113 and 128–134.
- 19.
See United States v. Campbell, 977 F.2d 854 (4th Cir. 1992). In that case, an agent, Ellen Campbell, was convicted of money laundering for selling a piece of property to a drug dealer, Mark Lawing, who claimed to be in the business of customizing automobiles, at a lower price for cash payment (bundled bills), which contributed toward concealing illegal money from the authorities. See also United States v. Massac, 867 F.2d. 174, 177–78 (3d Cir. 1989), knowledge that the funds were associated with drugs sufficed for imputation of criminal liability. See also United States v. Isabel, 945 F.2d 1193, 1202–03 (1st Cir. 1991).
- 20.
Cf. http://www.sothebys.com/en/buysell/buy.html: “You can pay with cash (subject to certain restrictions and legal limits), check, money order or wire transfer. Certain credit cards are accepted at Sotheby’s London, Amsterdam, Paris, Switzerland and Hong Kong salerooms and you may contact these sale locations directly for specific information. Successful bidders can pay immediately following an auction, otherwise an invoice will be sent to you.” http://selectsothebysrealty.com/page/make_a_payment: “Make a Payment. Thank you for your business. We are grateful for your relationship with us! Please note that payments are preferred by certified check, personal check or money order. For your convenience, we can also accept credit cards. If you would like to pay with credit card, please submit your payment below. Additional charges may apply for processing.” Accessed May 14, 2012.
- 21.
In http://www.christies.com/features/guides/buying/pay-ship.aspx: “We accept wire transfers, bank drafts or cashier's orders, cash or checks. Under certain circumstances, some Christie's salerooms may accept payment by credit card (check with your saleroom for details).” Accessed May 14, 2012.
- 22.
See Hannah Purkey (in The Art of Money Laundering, p. 134).
- 23.
Reflections on the Causes of Illicit Traffic in Cultural Property and Some Potential Cures. Art and Cultural Heritage: Law, Policy, and Practice, p. 64.
- 24.
Id.
- 25.
In The Relationship between Tax Deductions and the Market for Unprovenanced Antiquities. 33 Colum. J.L. & Arts 241, 2010.
- 26.
In Mcmáfia: crime sem fronteiras. Translated by Lucia Boldrini. São Paulo: Companhia das Letras, 2008, p. 14.
- 27.
Take, for instance, a case involving a Colombian national, Juan Carlos Ramires Abadia, convicted with several others of money laundering, upheld on appeal (record No. 2007.61.81.0011245-7/SP, convictions in 2008, upheld in 2012 by the Region Three Federal Court, which extends to the states of São Paulo and Mato Grosso do Sul, Criminal Appeal No. 0001234-26.2007.04.03.6181/SP, tried 06/03/2012, Rapporteur, Federal High Court Justice Johonsom di Salvo). Then there was the case known as Banco Santos, in which Edemar Cid Ferreira, former owner of the financial institution, was also convicted of financial crimes and money laundering in the lower court in 2006 (criminal action No. 2004.61.81.008954-9). Both were heard before the Federal Criminal Court of Justice in São Paulo (Federal Criminal Court No. 6, specializing in Money Laundering and Financial Crimes).
- 28.
See The Art of Money Laundering, p. 123.
- 29.
ICOM Code of Ethics for Museums (English-language version). The French and Spanish versions are titled, respectively, Code de déontologie pour les musées and Codigo de Deontologia del ICOM para los museos. See http://icom.museum/who-we-are/the-vision/code-of-ethics.html. Accessed June 20, 2012.
- 30.
Public Law 96–515, December 12, 1980, 94 Stat. 3000 (in The United States and the World Heritage Convention. Art and Cultural Heritage: Law, Policy, and Practice, p. 234).
- 31.
Cf. http://www.si.edu/Museums. Accessed May 22, 2012.
- 32.
She hosted a meeting with the author and Bonnie Magness-Gardiner, an FBI agent and member of the Art Crime Team, at 10 AM on 05/21/2012 at the Smithsonian Institution (1000 Jefferson Dr. SW, Room 302, Smithsonian Castle). She said they were under no obligation to list their donors, or to report suspicious activity. Precautions are nevertheless taken, such as not accepting donations in the form of cash, stored value cards or prepaid cards.
- 33.
“Your Gift Truly Makes a Difference. It’s as powerful as the visionary gift by the Smithsonian’s founding benefactor, James Smithson—because your generosity enables the Smithsonian to educate, inspire, and bring people together. Federal appropriations only provide about 70 cents of every dollar needed: To keep the Smithsonian’s museum doors open to everyone, free of charge, to conduct ground-breaking scientific and scholarly research, to expose visitors of all ages to new ideas and new worlds, the rest is up to you. There are so many ways to give to the Smithsonian—from cash donations, to planned gifts, to support from your family foundation or your business. If you participate in the workplace giving program the Combined Federal Campaign (CFC), contributing to the Smithsonian is easy—simply use our CFC number, 10782. Make a gift to the Smithsonian today. It takes just a few minutes, and helps us bring alive our nation’s history, culture, art and science for people around the world.” In http://si.edu/giving/. Accessed May 22, 2012.
- 34.
In The Relationship between Tax Deductions and the Market for Unprovenanced Antiquities. 33 Colum. J.L. & Arts 241, 2010.
- 35.
Id. p. 243.
- 36.
CHAPTER 1, Preliminary Considerations, Art. 1 The National Cultural Support Program (Pronac) is hereby instituted, for purposes of raising and channeling funds to the sector in order to: I – Help facilitate the means for general free access to the sources of culture and full exercise of cultural rights; II – Promote and foster regional cultural and artistic production in Brazil, and the valuation of local content and human resources; III – Support, elevate and disseminate cultural manifestations and their respective creators as a whole; IV – Protect the cultural expression of Brazilian society's formative groups, they being responsible for the pluralism in our national culture; V – Safeguard the survival and flourishing of ways of creating, doing and living in Brazilian society; VI – Preserve the tangible and intangible assets that are Brazil's cultural and historical heritage; VII – Raise international awareness of and respect for the cultural values of other peoples or nations; VIII – Foster the production and dissemination of universally valuable cultural goods which shape and guide our knowledge, culture and memories; IX – Prioritize Brazil's native cultural creations. Art. 2 – Pronac shall be implemented by means of the following mechanisms: I – National Culture Fund (FNC); II – Cultural and Artistic Investment Funds (Ficart); III – Incentive to cultural projects. § 1 Incentives created by this Law shall only be granted to those cultural projects whose exhibition, use and circulation of cultural asset holdings are open to all persons with no distinctions whatsoever, if free, and to the paying public if admission is charged. (Renumbered from the original standalone paragraph by Law No. 11646 of 2008) § 2 The granting of incentives to works, products, events or other things resulting from, intended for or circumscribed to private collections or circuits which place limitations on access is prohibited. (Included by Law No. 11646 of 2008) Art. 3 In furtherance of the purposes set forth in Art. 1 of this law, all cultural projects for which Pronac funds are raised or earmarked must attend to at least one of the following purposes: I – Furtherance of artistic and cultural education through: a) granting scholarships and fellowships in Brazil or abroad to writers, artists and technicians who are Brazilian or foreign nationals residing in Brazil; b) Granting of prizes to producers, authors, artists and actors, and technicians and their works, films, musicals and performing arts in contests and festivals held in Brazil; c) Startup and maintenance of cultural or artistic curricula intended for the education, specialization and betterment of cultural personnel, at nonprofit teaching establishments; II – Fostering of cultural and artistic production through: a) production of CDs, videos, short and medium length cinematographic and documentary films, preservation of cinematographic archives and of other cultural works on sound or image media; (New language given by Provisional Measure No. 2228-1 of 2001) b) Publication of works in the field fields? of humanities, art and literature; c) Organization of exhibits, art festivals, and music, folklore and performing arts shows; d) Covering of expenses for transportation and insurance of culturally valuable objects on road to public exhibitions in Brazil and abroad; e) Holding of expositions, art festivals and shows in the performing arts or others similar in kind; III – Preservation and popularization of artistic, cultural and historical heritage through: a) Construction, instruction, organization, maintenance, expansion and equipment of museums, libraries, archives and other cultural organizations, their collections and holdings; b) Preservation and restoration of buildings, monuments, public areas, sites and other spaces, including those that are natural, once declared a national heritage by the Government; c) Restoration of works of art and real and chattel property recognized as having cultural value; d) protection of popular national folklore, handicrafts and traditions; IV – Foster familiarity with cultural assets and values through: a) Free and public distribution of tickets to cultural and artistic events; b) Surveys, studies and research in the fields of art and culture, and their various branches; c) Providing of resources to the FNC and to specific-purpose cultural foundations, or to museums, libraries, archives and other cultural entities; V – Support of other cultural and artistic works through: a) Organization of cultural missions in Brazil and abroad, to include the provision of tickets for transportation; b) Hiring of services for putting together cultural projects; c) Actions not provided in the preceding subsections yet considered relevant by the State Ministry of Culture following consultation with the National Council for Culture. (New language added by Law No. 9874 of 1999). CHAPTER II – The National Culture Fund (FNC) Art. 4 The Cultural Promotion Fund created by Law No. 7505 of July 2, 1986, hereinafter simply the National Culture Fund (FNC), is hereby ratified and given a mandate to raise and allocate resources for cultural projects compatible with the purposes of Pronac, namely: I – To foster the equitable regional distribution of resources to be invested in cultural and artistic projects; II – To project an interstate vision, and provide support for projects that put together joint cultural proposals, regional in scope; III – To support projects having cultural content emphasizing the professional and artistic improvement of human resources in Brazil in the fields of culture, creativity and cultural diversity. IV – To contribute toward the preservation and protection of Brazil's cultural and historical heritage; V – To further projects that meet cultural production requirements and further the interests of society, to include all qualitative and quantitative levels of satisfaction of existing cultural demands, the multiplier effects produced by projects through their social and cultural aspects and the organization of projects into priority categories of artistic and cultural areas less capable of development with their own resources. § 1 The FNC shall be administered by the Ministry of Culture and managed by the Minister for the completion of the Annual Works Program, following the principles established in Articles 1 and 3. (New language added by Law No. 9874 of 1999). § 2 FNC resources may only be invested in cultural projects once these have been approved, following a finding from the technical agency having jurisdiction, by the Minister of Culture. (New language added by Law No. 9874 of 1999) § 3 Once approved, all projects must be monitored and given technical evaluations by supervisory bodies, with all finances handled by the Presidential Office of the Secretariat of Culture (SEC/PR). § 4 Supervised entities shall, whenever needed, engage experts for analyses and opinions on projects, with allowance for reimbursement of travel expenses, if any, and corresponding fees for services and help with expenses, as set forth in regulations. § 5 The Presidential Office of the Secretariat of Culture shall decide on its own basic unitary structure, to act as Executive Secretary for the FNC. § 6 FNC resources may not be used for Ministry of Culture administrative maintenance expenses, except for the acquisition or leasing of goods and equipment necessary to affect the purposes of the Fund. (New language added by Law No. 9874 of 1999). § 7 Upon completion of the project, the SEC/PR shall conduct a final evaluation to verify the proper use of resources in accordance with standards and procedures to be set forth in regulations for this law and in current legislation. § 8 All public or private institutions receiving FNC funding to carry out cultural projects the final evaluation of which failed of approval by the SEC/PR pursuant to the preceding paragraph, shall be barred for a period of three years from receiving new funding, or for so long as the SEC/PR shall postpone reevaluation of the initial finding. Art. 5 The FNC is an accounting fund set up for an indeterminate period, with a mandate to provide support at a loss or by reimbursable loans, as set forth in regulations, and composed of the following resources: I – National Treasury resources; II – Donations, pursuant to current legislation; III – Legacies; IV – Subsidies and assistance from entities of all types, including international agencies; V – Unused balances from the execution of projects referenced in Chapter IV and this chapter of this law; VI – Return of resources from projects provided for in Chapter IV and here, but were never begun or later interrupted with or without cause; VII – One percent of the gross proceeds from the Regional Investment Funds referenced in Law No. 8167 of January 16, 1991, with due regard in the investment to the corresponding regional origin; VIII – Three percent of the gross proceeds from contests, federal lotteries and the like, provided they be under federal control, and deducting that amount from the amount earmarked as prize money; (New language added by Law No. 9999 of 2000); IX – Reimbursement of loan operations carried out through the fund, as reimbursable financing, with due observance of all repayment criteria which must at least preserve their value in real terms; X – Proceeds from investments in federal securities, with due observance of all current legislation thereto appertaining; XI – Conversion of foreign debt owed to foreign entities and agencies, exclusively through donations, up to a limit to be established by the Minister of Finance, Revenue and Planning, with due observance of all Brazilian Central Bank codes and procedures; XII – Balances from previous fiscal years; XIII Resources from other sources. Art. 6 The FNC shall finance up to 80% of the total cost of each project, once it is shown by the proponent, even if a corporation, that a surplus is being disposed of or that the entity is qualified to obtain the corresponding financing from some other duly identified source, except with regard to resources specifically earmarked at the source. § 1 (Vetoed). § 2 For purposes of tallying up the remaining amount, goods and services offered by the proponent may be taken into consideration for implementation of the project, they being duly evaluated by the SEC/PR. Art. 7 The SEC/PR operating through the FNC shall encourage financial institutions to put together portfolios to finance cultural projects which take into account the social nature of the initiative, in accordance with standards, codes, guarantees and special-interest rights to be approved by the Brazilian Central Bank. III – Cultural and Artistic Investment Funds (Ficart) Art. 8 Authority is granted for the organization of Cultural and Artistic Investment Funds (Ficart) under a joint-ownership agreement with no corporate charter, as a pool of resources earmarked for investment in cultural and artistic projects. Art. 9 For purposes of investing FICART resources and other funds possibly declared by the Ministry of Culture, the following shall be considered cultural and artistic projects: (New language added by Law No. 9874 of 1999) I – Commercial manufacture of musical instruments, and of records, tapes, videos, films and other forms of sound and image reproduction; II – Commercial production of plays and shows featuring dance, music, singing, circus performance and similar activities; III – Commercial publications relating to the sciences, arts and letters, as well as reference works and others of a cultural nature; IV – Construction, restoration, repairs to or equipping of rooms and other environments intended for cultural purposes, and owned by for-profit companies; V – Other commercial or industrial activities of cultural interest, so considered by the Ministry of Culture. (New language added by Law No. 9874 of 1999). Art. 10. Brazil's Securities Division shall, after hearing from the SEC/PR, regulate the organization, workings and administration of all Ficarts, with due observance of the provisions contained in this law and general standards for investment funds. Art. 11. Ficart stock, issued as book-entry stock or registered shares or securities subject to the regulatory provisions of Law No. 6385 of September 7, 1976. Art. 12. Holders of Ficart stock: I – May not exercise any real rights over the assets and securities comprising the equity of the fund; II – Shall not be personally subject to liability for any legal or contractual obligations with regard to the undertakings of the fund or its administering institution, aside from the obligation to pay in the full amount of the capital stock subscribed. Art. 13. The institution administering Ficart shall: I – File and answer lawsuits and claims on its behalf in or out of court; II – Be accountable for loss by breach of seller's warranty of title, if same is liquidated. Art. 14. All revenue and capital gains accruing to the Ficart shall be exempt from taxes on credit, foreign exchange and insurance operations, and also from taxes on income of whatever type. (See Law No. 8894 of 1994). Art. 15. Revenue and capital gains distributed by the Ficart in whatever form shall be subject to assessment of income tax withholding at the rate of 25%. Sole paragraph. Excluded from the withholding requirements in this article are all earnings distributed to corporate beneficiaries taxed based on real profits, which must be calculated on annual tax returns. Art. 16. Capital gains received by individuals or corporations not taxed on real profits, including those exempt, whether arising from alienation or redemption of Ficart shares are subject to income tax at the same rate provided for taxing income derived from the alienation or redemption of mutual fund shares. § 1 Any positive difference between the assignment or redemption value of a share and the current average cost of the investment, calculated from the dates on which the investment, redemption or assignment took place is considered capital gains pursuant to pertinent legislation. § 2 Capital gains shall be calculated for each redemption or assignment, with allowance for offsetting of losses from one operation by profits from another, alike or different in kind, provided the securities be variable yield, within the same fiscal year. § 3 The tax must be paid no later than the last workday of the first fortnight of the month following that in which the capital gains were obtained. § 4 The yields and capital gains referred to in the header of this article and the preceding article are subject to income tax when gained by investors residing or domiciled abroad, pursuant to pertinent legislation affecting that class of taxpayers. Art. 17. The fiscal treatment provided in the preceding articles shall only be assessed on yields deriving from investments in Ficarts and meeting all of the requirements provided in this law and in corresponding regulations to be passed by the Securities Division. Sole paragraph. Yields and capital gains from Ficart investments which do not meet the specific requirements for this type of fund shall be subject to taxation as provided in Article 43 of Law No. 7713 of December 22, 1988. CHAPTER IV Cultural Projects Stimulus. Art. 18. To encourage cultural activities, the Federal Government shall allow individuals and companies the option of investing portions of their Income Tax—in the form of donations or sponsorships—both in direct support to cultural projects offered by individuals or companies of cultural bent, and through contributions to the FNC pursuant to Art. 5, subsection II of this Law, provided these projects meet all requirements established in Art. 1 of this Law. (New language added by Law No. 9874 of 1999). § 1 Taxpayers may deduct from income tax owed all amounts actually spent on projects listed in Paragraph 3, if approved in advance by the Ministry of Culture, within the limitations and subject to the conditions set forth in current income tax legislation: (Included by Law No. 9874 of 1999) a) donations; and sponsorships. (Included by Law No. 9874 of 1999). § 2 Individuals taxed on real profits may not deduct donation or sponsorship amounts referred to in the previous paragraph as occupational expenses. (Included by Law No. 9874 of 1999). § 3 Donations and sponsorships of cultural productions, which are the subject of Paragraph 1, shall only apply to the following segments: (New language added by Provisional Measure No. 2228-1 of 2001) a) performing arts; (New language added by Provisional Measure No. 2228-1 of 2001); b) books having artistic, literary or humanities-related value; (New language added by Provisional Measure No. 2228-1 of 2001) c) classical or instrumental music; (New language added by Provisional Measure No. 2228-1 of 2001); d) visual arts exhibits; (New language added by Provisional Measure No. 2228-1 of 2001) e) Donations of holdings to public libraries, museums, public archives and cinematheques, and for training of personnel and acquisition of equipment for the maintenance of these holdings; (New language added by Provisional Measure No. 2228-1 of 2001) f) Reduction of short and featurette-length audiovisual and cinematographic works, and preservation and popularization of holdings; and (Included by Provisional Measure No. 2228-1 of 2001) g) Preservation of tangible and intangible cultural patrimony. (Included by Provisional Measure No. 2228-1 of 2001) h) Construction and maintenance of movie auditoriums and theaters able to also function as community cultural centers in towns having populations of less than 100,000. (Included by Law No. 11646 of 2008) Art. 19. Cultural projects provided by this Law shall be presented to the Ministry of Culture or its appointed delegate, together with an analytical budget, for approval of its fit with the purposes of the PRONAC. (New language added by Law No. 9874 of 1999) § 1 Proponent shall be notified of the reasons for any decision adverse to the project within a timeframe not to exceed five days. (New language added by Law No. 9874 of 1999) § 2 The notice referred to in the preceding paragraph may be reconsidered upon request presented to the Minister of Culture, to be ruled on in 60 days. (New language added by Law No. 9874 of 1999) § 3 (Vetoed) § 4 (Vetoed) § 5 (Vetoed) § 6 Approval shall only become effective following publication of an official act containing the title of the project gaining approval and the institution responsible for same, the amount authorized for raising of donations or sponsorship and the duration of the authorization. § 7 The Ministry of Culture shall publish annually, by February 28, the amount of resources authorized by the Treasury Ministry for tax benefits for the previous fiscal year, duly itemized by the beneficiary. (New language added by Law No. 9874 of 1999) § 8 Approval of projects shall be based on the principle of non-concentration by segment and by beneficiary, to be checked by the amount of resources, by the number of projects, their capacity for fulfillment and by the availability of absolute tax benefit amounts. (Included by Law No. 9874 of 1999) Art. 20. All projects approved pursuant to the preceding Article shall be monitored and evaluated throughout their execution by the SEC/PR or whomever is assigned that duty. § 1 The SEC/PR shall, following conclusion of the projects provided in this article and within no more than six months, proceed with a final evaluation of the correctness of investment of all funds received, and may bar those in charge for a period not to exceed three years. § 2 Application may be made to the Minister of Culture to reconsider the decision referenced in the preceding paragraph, which reconsideration shall be decided upon within 60 days. (New language added by Law No. 9874 of 1999) § 3 The Federal Court of Auditors shall include in its preliminary findings on the accounts of the Office of the President an analysis on the evaluation dealt with in this article. Art. 21. Entities encouraging and raising funds addressed in this Chapter shall give notice as may be decided by the Ministry of Finance, Revenue and Planning and the SEC/PR of all funding raised and received, and on the entities engaged in raising said funding in order to verify its investment. Art. 22. Projects that satisfy the purposes of this law shall not be subject to subjective evaluations as to their artistic and cultural merits. Art. 23. The following shall hold for purposes of this Law: I – (Vetoed); II – Sponsorship: Transfer of cash for promotional or coverage purposes, by the taxpayer, of tax on income and earnings of any nature, of expenses, or use of real or chattel property owned by same, without transfer of ownership, for some other individual or company to hold or put on some cultural or nonprofit works provided in Art. 3 of this law. § 1 The receiving of any financial or material advantage by a sponsor as a result of sponsorship shall constitute an infraction of this law. § 2 Transfers set forth in this article shall not be subject to withholding of income tax. Art. 24. For purposes of this Chapter, the following donations shall, pursuant to regulations, be considered alike: I – Free distribution of tickets to artistic or cultural events by a company to its employees and legal dependents; II – Expenditures made by individuals or companies for purposes of conserving, preserving or restoring property they own or have legitimate dominion over, declared monuments by the Federal Government, provided the following provisions are complied with: a) preliminary determination by the Brazilian Cultural Heritage Institute (IBPC) of technical standards to govern all projects and budgets addressed in this subsection; b) prior IBPC approval of all projects and corresponding budgets for execution of works; c) subsequent certification by the said agency of all expenses actually incurred and of all circumstances to verify that the work performed was done in accordance with approved plans. Art. 25. Cultural projects to be presented by individuals or companies for purposes of obtaining stimulus subsidies must seek to develop forms of expression, methods of making and doing, processes for preservation and protection of Brazil's cultural heritage and studies and methods for interpreting actual culture, as well as contribute to foster the means, to the general population, to afford them knowledge of artistic and cultural benefits and values, to include, among others, the following segments: I – Theater, dance, circus, opera, histrionics and the like; II – Cinematographic, video, photographic or record production, and the like; III – Literature, including reference works; IV – Music; V – Creative arts, graphic arts, engravings, posters, philately and the like; VI – Folklore and handicrafts; and VII – Cultural patrimony, to include history, architecture, archaeology, libraries, museums, archives and other holdings; VIII – Humanities; and IX – Radio and television, noncommercial, educational and cultural. Sole paragraph. Cultural projects related to the segments in subsection II of this article may only benefit independent productions, and noncommercial cultural educational productions organized and put on by radio and television companies. (New language added by Law No. 9874 of 1999) Art. 26. Donors or sponsors may reduce their income tax liability by the amounts actually contributed to cultural projects approved in accordance with the provisions of this Law, based on the following percentages: (See Arts. 5 and 6, Subsection II of Law No. 9532 of 1997) I – For individuals, 80% of donations and 60% of sponsorships; II – for companies taxed on real profits, 40% of donations and 30% of sponsorships. § 1 Companies taxed based on real profit may take income tax credit for donations and sponsorships as operational expenses. § 2 The maximum amount for deductions mentioned in the header of this article shall be annually established by the President of the Republic, based on a percentage of the taxable income of individuals and of the tax code by companies taxed based on real profits. § 3 Benefits addressed in this article shall not exclude or reduce other current benefits, rebates and deductions, in particular donations to public utility entities made by individuals or companies. § 4 (Vetoed) § 5 The Executive Branch shall establish mechanisms for preserving the real value of contributions made to cultural projects under this Chapter. Art. 27. No donation or sponsorship may be made by persons or institutions having ties to the agent. § 1 The following are considered to have ties to the donor or sponsor: a) companies of which the donor or sponsor is an owner, manager, administrator, stockholder or partner, on the date of the operation or during the preceding 12 months; b) spouses, relatives up to the third degree, including relatives by affinity, and dependents of the donor or sponsor or of owners, administrators, stockholders or partners in a company having ties to the donor or sponsor, pursuant to the preceding subsection; c) any other company in which the donor or sponsor holds an interest. § 2 Nonprofit cultural institutions created by the donor or sponsor are not considered to have ties to said donor or sponsor, provided they be duly constituted and operating in accordance with current law. (New language added by Law No. 9874 of 1999) Art. 28. No investment of resources provided by this Law may be accomplished through any type of intermediation. Sole paragraph. Hiring of services necessary to the organization of projects intended to raise donations, sponsorship or investment, as well as do the raising of resources or its operation by a cultural company, shall not qualify as intermediation as referenced in this article. (New language added by Law No. 9874 of 1999) Art. 29. Resources from donations or sponsorships must be deposited and held in a specific bank account, bearing the name of the beneficiary, and all rendering of accounts must be made pursuant to regulations under this Law. Sole paragraph. For purposes of verifying the stimulus, no consideration will be given to contributions for which this determination is not observed. Art. 30. Violation of the provisions of this chapter shall render the donor or sponsor subject to payment of the indexed income tax amount owed for each fiscal year, without prejudice to possible criminal liability, in addition to all penalties and increases provided in legislation governing such matters. Paragraph 1 For purposes of this article, the individual or company which proposed the project shall be deemed jointly liable for nonperformance or irregularities discovered. (Renumbered from the standalone paragraph by Law No. 9874 of 1999) § 2 Any unresolved issues or irregularities in the execution of proponent's projects placed before the Ministry of Culture shall work to suspend analysis of or granting of new incentives until such time as they are cleared up. (Included by Law No. 9874 of 1999) § 3 Without prejudice to the preceding paragraph, the provisions contained in articles 38 et. seq. of this Law shall, where possible, be applied cumulatively.(Included by Law No. 9874 of 1999) CHAPTER V, GENERAL AND TRANSITORY PROVISIONS Art. 31. To ensure community participation, and representation of artists and creators in official treatment of subjects involving culture and systemic national organization of the area, the Federal Government shall provide stimulus to the institutionalization of Culture Councils in the Federal District, the States and the Municipalities. Art. 31-A. For purposes of this law, gospel music and events related to same shall be recognized as cultural manifestations, except when conducted by churches. (Included by Law No. 12590 of 2011) Art. 32 The National Cultural Promotion Committee (CNIC) is hereby instituted, composed of the following: I – The Presidential Office of the Secretariat of Culture; II – Presidents of all entities supervised by the SEC/PR; III – The President of the national entity bringing together the Culture Secretariats of the Several States; IV – A representative from among Brazil's corporate executives; V – Six representatives of associated entities from the cultural and artistic sectors, national in scope. § 1 The CNIC shall be presided over by the authority referenced in subsection I of this article, who shall vote in the event of a tie. § 2 Terms of office, appointment and choice of representatives to which reference is made in subsections IV and V of this article, and the powers of the CNIC shall be stipulated and spelled out in regulations accompanying this Law. Art. 33. In order to encourage and increase appreciation of art and culture, the SEC/PR shall establish an annual system for granting prizes in recognition of the most significant contributions to the area: I – To artists or groups of Brazilian artists or resident alien artists, for their collective or individual work; II – To professionals in the field of cultural patrimony; III – To scholars and writers on the critical interpretation of Brazilian culture, through essays, studies and surveys. Art. 34. The Cultural Order of Merit is hereby instituted, and its bylaws shall be passed upon by Executive Order, and all recognition shall be granted by the President of the Republic, in solemn ceremony, to persons who, through their exercise of their profession, or as exemplars of art and culture, do merit recognition. (Regulation) Art. 35. All resources earmarked for the then extant National Culture Fund, pursuant to Art. 1, Paragraph 6 of Law No. 7505 of July 2, 1986, shall be paid into the National Treasury for investment by the FNC, with due observance of their intended purpose. Art. 36. The Ministry of Finance, Revenue and Planning’s Federal Revenue Department shall, in the exercise of its specific duties, see to the effective enforcement of this Law, insofar as investment of fiscal incentives therein provided are concerned. Art. 37. The Executive Branch shall, in order to comply with the provisions of Art. 26, Paragraph 2 of this Law, and bringing in harmony with the provisions of the Budget Directives Law shall, within 30 days, send a message to the National Congress setting forth the total of the tax relief offered and corresponding cancellation of budget expenditures. Art. 38. In the event of malice, fraud or deception, including diversion of purpose, a fine will be assessed to both donor and beneficiary in the amount of twice the undue advantage received. Art. 39. All forms of political discrimination in violation of freedom of expression, of intellectual and artistic endeavors, or of convictions or beliefs during the execution of projects subsumed under this Law shall constitute criminal activity punishable by confinement of two to six months plus a fine in the amount of 20% of the project total. Art. 40. Fraudulent exploitation of any benefit under this Law to obtain a reduction of income tax is a crime punishable by confinement of two to six months plus a fine in the amount of 20% of the project total. § 1 In the case of a company, the stockholder having controlling interest and all administrators participating in the offense shall be subject to criminal liability. § 2 Anyone receiving resources, goods or monetary amounts as a function of this Law and who without just cause fails to carry out or execute the cultural activity for which the incentive was granted shall be subject to the same penalty. Art. 41. The Executive Branch shall, within 60 days, issue Regulations under the present law. Art. 42. This Law shall go into effect as of the date of its publication. Art. 43. All provisions to the contrary are hereby repealed. Brasilia, December 23, 1991; the 170th year of independence and the 103rd of the Republic. Fernando Collor, Jarbas Passarinho.
- 37.
MinC Regulatory Directive No. 2 of April 26, 2012—Amending and adding provisions to Regulatory Directive No. 1 of February 9, 2012, establishing procedures for presentation, receiving, analysis, approval, execution, monitoring and rendering of accounts for cultural proposals relating to the Fiscal Incentives mechanism within the National Cultural Support Program (Pronac), and making other provisions; MinC Regulatory Directive No. 1 of February 9, 2012—Establishing procedures for presentation, receiving, analysis, approval, execution, monitoring and rendering of accounts for cultural proposals relating to the Fiscal Incentives mechanism within the National Cultural Support Program (Pronac), and making other provisions; Law No. 12590 of January 9, 2012—Amends Law No. 8313 of December 23, 1991, the Rouanet Law, to recognize gospel music and gospel-music-related events as cultural manifestations; MinC Finding No. 140 of December 28, 2011—Passes the Annual Fiscal Incentives Working Plan for fiscal year 2012; MinC Finding No. 131 of December 21, 2011—Institutes Internal Regulations for the National Commission on the National Culture Fund (CFNC), and makes provisions on artistic language and cultural segments for allocation of FNC resources, and makes other provisions; MinC Finding No. 130 of December 21, 2011—Passes the Annual Fiscal Incentives Working Plan for fiscal year 2012; MinC Finding No. 129 of 21 December 2011—Passes the Annual Fiscal Incentives Working Plan for fiscal year 2011; MinC Finding No. 116 of November 29, 2011—Regulates all cultural segments provided in Para 3 of Article 18 and Article 25 of Law No. 8313 of December 23, 1991; MinC Finding No. 83 of September 8, 2011—Establishes rules for classification and distribution of cultural products or projects among experts, and also related procedures and powers relating to the implementation of the Accreditation System within the scope of the MinC System, and makes other provisions; MinC Finding No. 50 of May 24, 2011—Passes the Ministry of Culture Annual Fiscal Incentives Working Plan for fiscal year 2011; ANCINE Regulatory Directive No. 93 of May 3, 2011—Changes provisions of Regulatory Directive No. 23 of December 30, 2003, Regulating the preparation, presentation and monitoring of audiovisual projects, from Regulatory Directive No. 21 of December 30, 2003, which in turn regulates procedures to be adopted for preparation and presentation of the statement of accounts, and of Regulatory Directive No. 54 of May 2, 2006, setting standards for inclusion of independent Brazilian producers of audiovisual works, and making other provisions; ANCINE Resolution No.39 of May 2, 2011—Establishes parameters within ANCINE for assigning priority to project analyses and requests for fundraising extension deadlines, and for resizing and reassigning sources of funding; Finding No. 34 of April 26, 2011—Approves the Ministry of Culture Style Guide to be used in drawing up the Basic Publicity Plan for cultural proposals presented to the National Cultural Support Program (Pronac), and makes other provisions; Finding No. 43 of July 9, 2009—Passes regulations for the implementation of the experts Accreditation System within the MinC System; Finding No. 29 of May 21, 2009—Provides for the preparation and management of public selection notices of openings in support of cultural projects and for granting of prizes to cultural initiatives within the framework of the Ministry of Culture; Finding No. 8 of March 18, 2008—Provides for the invitation of art and culture-oriented membership associations and representatives of the business community, on a national level, to participate in the choice of institutions to comprise the National Cultural Promotion Committee (CNIC) for the 2008–2010 biennium; Law No. 11646 of March 10, 2008—Changes provisions of Law No. 8313 of December 23, 1991, to extend fiscal benefits for donations and sponsorships earmarked for construction of movie auditoriums in townships having populations of less than 100,000, and other provisions; Decree 6170 of July 25, 2007—Provides standards for the transfer of Federal funding through onlending agreements, and makes other provisions; Decree No. 5761 of April 27, 2006—Regulates Law No. 8313 of December 23, 1991, sets up a working system for the National Cultural Support Program (PRONAC) and makes other provisions; Law No. 9874 of November 23, 1999—Changes provisions of Law No. 8313 of December 23, 1991, and makes other provisions; Law No. 9532 of December 10, 1997—Changes federal tax legislation and makes other provisions; Joint MINC/MF Regulatory Directive No. 1 of June 13, 1995—Provides procedures for monitoring, control and evaluation of fiscal benefits to be instituted by Law No. 8313 of 1991, as amended by Law No. 8981 of 1995, and Provisional Measures Nos. 8981 of 1995, and Provisional Measures Nos. 998 and 1003 of 1995; Law No. 8313 of December 23, 1991—Reestablishes the principles of Law No. 7505 of July 2, 1986, institutes the National Cultural Support Program, and makes other provisions. (New language added by Laws No. 9874 of November 23, 1999 and No. 11646 of March 10, 2008).
- 38.
Turns 50 in 2013 and its collections include art from such segments as International Modern Art, Brazilian Modern Art, International Contemporary Art, and Contemporary Brazilian Art.
- 39.
Information given to the author by Prof. Ana Farinha, a member of MAC-USP (received 05/20/2012 by institutional e-mails between TRF3 and USP).
- 40.
Cf. Leonard DuBoff, Michael Murray and Christy King. The Deskbook of Art Law. New York: Oceana, Second Edition, Booklet B (International Movement of Art), Release 2010–1, Issued November 2010, B-94.
- 41.
Cf. The Role of Museums Today: Tourism and Cultural Heritage. Art and Cultural Heritage: Law, Policy, and Practice, p. 419.
- 42.
These have attracted armies of gallery owners and collectors, and among them we cite The Armony Show and Frieze Art Fair (New York), Frieze Art Fair (London), Art HK 12 (Hong Kong), Art Basel (Basil, Switzerland), FIAC (Paris), Art Basel (Miami), Arco (Madrid), Zona Marco (Mexico), ArtRio (Rio de Janeiro), SP-Arte (São Paulo) and Parte (Universidade de São Paulo, SP). Cf. Bienal vende tudo. Brazil's most important arts fair, SP-Arte, has turned seven in a booming industry. São Paulo, p. 34. Folha de São Paulo newsmagazine, May 6–12, 2012.
- 43.
In Sete dias no mundo da arte. Bastidores, tramas, intrigas de um mercado milionário. Translation: Alexandre Martins. Rio de Janeiro: Agir, 2010, p. 71.
- 44.
See Leonard DuBoff, Michael Murray and Christy King. The Deskbook of Art Law. Booklet M (Auctions). New York: Oceana, Second Edition, Release 2010–12, Issued December 2010, p. M-1.
- 45.
For more on this, see José Carlos Duran (in Arte, Privilégio e Distinção. Artes Plásticas, Arquitetura e Classe Dirigente no Brasil, 1855-1985. Estudos. Sociologia da Arte. São Paulo: Perspectiva and Universidade de São Paulo—Edusp/joint publication, 1989, pp. 198–199).
- 46.
See Leonard DuBoff, Michael Murray and Christy King. The Deskbook of Art Law. Booklet M (Auctions). New York: Oceana, Second Edition, Release 2010–2012, issued December 2010, pp. M-36–37.
- 47.
For more on this see Leonard DuBoff, Michael Murray and Christy King (in The Deskbook of Art Law. Booklet M (Auctions). New York: Oceana, Second Edition, Release 2010–2012, issued December 2010, p. M-43).
- 48.
See Artists and Art Galleries. Publication by Internal Revenue Service. Department of the Treasury. Market Segment Specialization Program. www.artchain.com/resources/art_audit_guide.pdf. Accessed May 23, 2012. Chapter 3, pp. 6–7 and 13–17.
- 49.
For more on this, see Leonard DuBoff, Michael Murray and Christy King (in The Deskbook of Art Law. Booklet M (Auctions). New York: Oceana, Second Edition, Release 2010–2012, Issued December 2010, p. M-69).
- 50.
See CHRISTIE’S CATALOGUE. New York, Old Master Paintings. Wednesday 6 June 2012. London: Christie, Manson & Woods Ltd., 2012, pp. 118–119.
- 51.
CHRISTIE’S CATALOGUE. New York, Old Master Paintings. Wednesday 6 June 2012. London: Christie, Manson & Woods Ltd., 2012, p. 129.
- 52.
See DUBOFF, Leonard D., MURRAY, Michael D., CHRISTY A., King. The Deskbook of Art Law. Booklet L (Insurance). New York: Oceana, Second Edition, Release 2010–2, Issued December 2010, L-21, 36 and 52.
- 53.
http://icom.museum/programmes/fighting-illicit-traffic. Accessed June 20, 2012.
- 54.
See https://www.coaf.fazenda.gov.br/conteudo/estatisticas/comunicacoes-recebidas-por-segmento/. Accessed May 10, 2013.
- 55.
See Leonard DuBoff, Michael Murray and Christy King. See The Deskbook of Art Law. Booklet A (Art: The Customs Definition). New York: Oceana, Second Edition, Release 2010–2, issued December 2010, pp. A-38 and A-40-41.
- 56.
Published in the Federal Official Gazette on 09/09/2008, and again on 09/23/2008.
- 57.
Both the DSI and DBA forms must be accompanied by a Liability Agreement (TR), where applicable, as set forth in specific legislation (Article 4, heading). No indication of suspended import tariff amounts shall be required on the Liability Agreement (§ 1). For nonresident travelers, para 2 establishes that the Liability Agreement shall be: I—Required only for goods valued at more than R$ 3000.00; II—Signed by the person responsible for the event in Brazil. Failure to comply with simplified regime requirements will result in the tariff amount being assessed by customs authorities, based on information contained in the declaration and corresponding additional documents, and entered in the appropriate field in the TR. (Article 5, heading). Absent documentary proof of the value of the goods in question, the values set forth on the insurance policy may be used for purposes of completing and filing the TR (Sole paragraph).
- 58.
Cultural items not included in Article 6 of the Regulatory Directive must have their physical examinations obviated by means of an Executive Declaration issued by the Regional Superintendent of the RFB having local jurisdiction over the event being held, to apply specifically to the goods which, by their nature as antiquities, rarities or fragile items require special handling or preservation. (Article 7, heading). Should the event be spread out over different places, over which more than one Fiscal Region exercises jurisdiction, the Executive Declaration must be issued by the General Customs Administration Office (Coana) (Sole paragraph). If the importer so wishes, cultural goods may be made available for physical inspection at the event location (Article 8, heading). To that end, the interested parties should file for temporary admission with the unit having jurisdiction over the event location or, for itinerant events, over the first event location (§ 1). The said goods may be taken to the event location under summary authorized transit through customs as stated on the copy of the dispatch by the agency authorizing the transit (§ 2). Seals may be placed on volumes or cargo units so that these may be promptly and properly stored at the event location, while awaiting the arrival of inspectors. (§ 3) Transit through customs is concluded upon issuance of Simplified Clearance papers (§ 4).
- 59.
Completion of DSI fields reserved for import tax amounts and corresponding calculations, as well as for gross weights of each of the items imported is waived. (Article 13, heading). The applicant must specify the purpose of the temporary admission and enter his or her name, and the location and timeframe for each event occurring abroad in the supplementary information field on the DSE. (Sole paragraph). In the case of returning goods, customs clearance procedures for re-exportation of cultural goods shall be processed based on the DSE or DRE-E filed by the person or company responsible for returning the goods abroad. (Article 15). The beneficiary of the special temporary customs admission procedure subject of this Regulatory Directive must state, on the DSE or on the DRE-E the number and type of declaration for clearance on admission of the goods into Brazil and, in the event of clearance for consumption of part of the goods, pursuant to Article 11, the number on the declaration that served as the basis for the definitive customs clearance (§ 1). Should the goods they returned abroad be in separate shipments, the interested party must indicate on the supplementary information field of the DSE that a partial return is being made (§ 2). Where goods return abroad as accompanied baggage, the traveler must present to customs authorities at the point of exit a copy of the DSI or DBA used for the grant of temporary entry, for notations necessary to the formalization of departure and presentation to customs authorities at the point of entry so that the corresponding Liability Agreement may be canceled, should the goods exit through some unit other than that which granted temporary entry (§ 3). Goods admitted temporarily with waiver of physical inspection, pursuant to Articles 6 and 7, may dispense with this customs formality on the occasion of their re-exportation, and may also be shipped back out of the country by courier service, in which case the interested party must produce documented evidence of the re-exportation of said goods for the benefit of the unit that granted temporary entry (§ 4). Goods admitted pursuant to Article 8 may be subjected to physical inspection at the location of the event, in which case the DSE must be recorded with the unit having jurisdiction over the location of the goods to proceed in transit through customs for re-exportation through the unit controlling the exit (§ 5). Physical inspection for reimportation or re-exportation of exported goods, when not waived or conducted at the event location, may be done by sampling the shipping unit (§ 6). Customs clearance for return to Brazil of goods exported temporarily shall be processed based on the DSI or on the Express Shipment Import Declaration (DRE-I) (Part 16 heading). The interested parties must place the number and type of declaration that served as the basis for temporary export clearance on the DSI or on the DRE-I (§ 1). Goods exported temporarily with waiver of customs inspection may be exempted from physical inspection on the occasion of their return, if return is effected within the effective term of the temporary permit (§ 2). Goods exported by customs inspection at the site of the event may—pursuant to Article 16—be subject to physical inspection outside of customs facilities in the event of their return, in which case the DSI must be registered with the unit having jurisdiction over the place of arrival of the goods (§ 3). The provisions contained in Article 8 of this regulatory directive shall apply to removal of cultural goods returning to Brazil or re-exported (§ 4). Whenever the return of goods to Brazil occurs within the effective timeframe of the temporary export permit, the completion of fields reserved for calculation of import tariffs to be assessed, and fields for showing the gross weight of each of these items, shall be waived (§ 5). Printed matter, leaflets, catalogs and other promotional material alluding to the event may be granted clearance with no formalities (Article 20). In customs clearance procedures addressed in this Regulatory Directive, no commercial or proforma invoice shall be required, but instead, a declaration containing a list of the goods, dated and signed by the person or entity exercising ownership or possession of the property (Article 21). Temporary admission or exportation of the goods in question shall only be granted by the customs authorities for the Federal Revenue Service unit of record for the declaration, and after verification of compliance of specific controls imposed, if any, by assenting agencies (Article 22). Approval is hereby granted to the model form titled Request for Physical Inspection of Cultural Goods outside of Customs Facilities, in accordance with the Sole Attachment to this Regulatory Directive (Article 23). The request must be filed in three copies, turned in as follows: 1—Top copy, to the local Revenue Service unit; II—second copy to applicant; and III—third copy to shipper. Provisions contained in the Regulatory Directive may apply to cultural goods entering or leaving MERCOSUL countries, absent the procedure provided in Federal Revenue Secretariat Regulatory Directive No. 29 of March 6, 1998 (Article 24). The high tariff on imports has made it possible to acquire clandestine art, hidden in the pages of books or disguised as everyday items, while also providing an incentive for exportation of local products, thereby facilitating the flight of art objects.
- 60.
The trend, according to María Rosa Suárez-Inclán Ducassi, is in keeping with guidelines contained in the European Green Book, which recognizes the need to encourage social responsibility on the part of private entrepreneurs (in Financial Regulations and Tax Incentives with the Aim to Stimulate the Protection and Preservation of Cultural Heritage in Spain. Art and Cultural Heritage: Law, Policy, and Practice, p. 455).
- 61.
In The Art of Money Laundering, p. 126.
- 62.
Cf. International Art Transactions and the Resolution of Art and Cultural Property Disputes: United States Perspective. Art and Cultural Heritage: Law, Policy, and Practice, p. 159.
- 63.
NAGPRA 25 U.S.C. §§ 3002–3007, 2000.
- 64.
See Barbara Hoffman. European Union Legislation Pertaining to Cultural Goods. Art and Cultural Heritage: Law, Policy, and Practice, p. 191.
- 65.
Cf. The Role of the Museum in Developing Heritage Policy. Art and Cultural Heritage: Law, Policy, and Practice, p. 50.
Bibliography
ACCUSATIONS of money laundering, vandalism and the theft of a Picasso lithograph in Northern California at a mansion allegedly belonging to the former Ukrainian prime minister. Association for Research into Crimes against Art – ARCA, 06/09/2012. http://art-crime.blogspot.com/. Accessed June 13, 2012.
APOSTOLOS-CAPPADONA, Diane. Course on “Art and Terrorism,” and another on “Art and Ethics.” Information obtained from the professor on 04/19/2012 at a meeting at Georgetown University, Washington, DC www.georgetown.edu. Accessed May 8, 2012.
BALDWIN, Jr., Fletcher N. Art Theft: Perfecting the Art of Money Laundering. Jan 2009 for the 7th Annual Hawaii International Conference on Arts & Humanities. Unpublished. Sent on 04/20/2012 by the professor emeritus of the University of Florida’s Levin College of Law to the U.S. Library of Congress at the author’s request.
BIENAL vende tudo. Principal feira de arte do país, SP-Arte completa sete anos e comemora aquecimento do setor. pp. 30–35. São Paulo: Folha de São Paulo, May 6–12, 2012.
BRINKMAN, Manus. Reflections on the Causes of Illicit Traffic in Cultural Property and Some Potential Cures. Art and Cultural Heritage: Law, Policy, and Practice. New York: Cambridge University Press, edited by Barbara T. Hoffman, 2006.
BUREAU of Educational and Cultural Affairs. United States Department of State, meeting with Margaret G.H. MacLean, Senior Analyst, on 06/21/2012 at 3PM. exchanges.state.gov/heritage/culprop/review.html. Accessed June 22, 2012.
BUTT, Naveed. Insurance/takaful companies: SECP enforces compliance with AML Act. The Financial Times Limited. NPO 3/25/2012, 2012 WLNR 6308356.
CARMICHAEL, Trevor A. Cultural Heritage Preservation: A National Trust Perspective. Art and Cultural Heritage: Law, Policy, and Practice. New York: Cambridge University Press, edited by Barbara T. Hoffman, 2006.
CONSELHO Internacional de Museus—ICOM, http://icom.museum/programmes/fighting-illicit-traffic. Accessed June 20, 2012.
COSTA, Tailson Pires e ROCHA, Joceli Scremin da. A incidência da Receptação e do Tráfico Ilícito de Obras de Arte no Brasil. https://www.metodista.br/revistas/revistas-ims/index.php/…/523. Accessed May 23, 2012.
CUMMINS, Alissandra. The Role of the Museum in Developing Heritage Policy. Art and Cultural Heritage. Law, Policy, and Practice. New York: Cambridge University Press, edited by Barbara T. Hoffman, 2006.
DUBOFF, Leonard D., MURRAY, Michael D., KING, Christy. The Deskbook of Art Law. Booklets A (Art: The Customs Definition), B (International Movement of Art), C (Theft), L (Insurance) and M (Auctions). New York: Oceana, Second Edition, Release 2010–2012, issued December 2010.
DURAN, José Carlos. Arte, Privilégio e Distinção. Artes Plásticas, Arquitetura e Classe Dirigente no Brasil, 1855–1985. Estudos. Sociologia da Arte. São Paulo: Perspectiva e Universidade de São Paulo – Edusp (coedição), 1989.
FRAMMOLINO, Ralph and FELCH, Jason. What Went Wrong at the Getty. The New York Review of Books. 06/23/2011. http://www.nybooks.com/articles/archives/2011/jun/23/what-went-wrong-getty/?pagination=false. Accessed May 23, 2012.
GODDARD, Terry. How to Fix a Broken Border: FOLLOW THE MONEY. Part III of III. American Immigration Council Publication. Immigration Policy Center, May 2012.
HENRIQUES, Diana B. Madoff, Apologizing is Given 150 Years. New York Times. 06/30/09. www.westlaw.com. Accessed May 24, 2012.
HERREMAN, Yani. The Role of Museums Today: Tourism and Cultural Heritage. Art and Cultural Heritage: Law, Policy, and Practice. New York: Cambridge University Press, edited by Barbara T. Hoffman, 2006.
HIRTLE, Peter B. Symposium: Digital Archives: Navigating the Legal Shoals Undue Diligence? 34 Colum. J.L. & Arts 55, 2010.
HOFFMAN, Barbara T. International Art Transactions and the Resolution of Art and Cultural Property Disputes: A United States Perspective. Art and Cultural Heritage: Law, Policy, and Practice. New York: Cambridge University Press, edited by Barbara T. Hoffman, 2006.
HOFFMAN, Barbara T. European Union Legislation Pertaining to Cultural Goods. Art and Cultural Heritage: Law, Policy, and Practice. New York: Cambridge University Press, edited by Barbara T. Hoffman, 2006.
KATO, Gisele. SP-ARTE. O Mercado virou curador. Bravo! São Paulo: Apr-May 2012, pp. 16–27.
KATYAL, Sonia K. Filtering, Piracy Surveillance, and Disobedience. 32 Colum. J.L. & Arts 401, 2009.
LANDERS, Amy L. Patent Claim Apportionment, Patentee Injury, and Sequential Invention. 19 Geo. Mason L. Rev. 471, 2011.
LAUNDERING Drug Money with Art. Forbes Magazine. http://forbes.com/2003/04/08/cx_0408hot_print.html, Accessed May 23, 2012.
LEWIS, Geoffrey. The “Universal Museum”: A Case of Special Pleading? Art and Cultural Heritage: Law, Policy, and Practice. New York: Cambridge University Press, edited by Barbara T. Hoffman, 2006.
MACKENZIE, S.R.M. Going, Going, Gone: Regulating the Market in Illicit Antiquities. London: Institute of Art and Law – IAL, 01/01/2005.
MAKING a dent in the trafficking of stolen art. Smithsonian, 09/01/95, vol. 26, no. 6, 1995 WLNR 5552723.
MARTÍ, Silas. Sp-Arte atrai estrangeiros, mas compete com ArtRio. Folha de São Paulo, E4 Ilustrada, 05/09/2012.
MONEY LAUNDERING CHARGES for Art Dealers. New York Times, 06/02/2001. www.westlaw.com. Accessed June 23, 2012.
MONEY LAUNDERING, TERROR financing: SECP imposes more conditions. Business Recorder. Recorder Report, 09/12/2009. WLNR 17872644. www.westlaw.com. Accessed June 23, 2012.
MONEY-LAUNDERING: THIRD Directive set to be unveiled by Commission. European Report. 2004 WLNR 7240827. www.westlaw.com. Accessed June 23, 2012.
PINHO, Diva Benevides. A Arte como Investimento. A Dimensão Econômica da Pintura. São Paulo: Nobel e Universidade de São Paulo – Edusp (coedição), 1989.
PURKEY, Hannah. The Art of Money Laundering. 22 Fla. J. Int’l L. 111, 2010.
REALUYO, Celina B. It’s All about Money: Advancing Anti-Money Laundering Efforts in the U.S. and Mexico to Combat Transnational Organized Crime. Washington, DC: Woodrow Wilson International Center for Scholars. Mexico Institute, May 2012.
REAP, James K. The United States and the World Heritage Convention. Art and Cultural Heritage: Law, Policy, and Practice. New York: Cambridge University Press, edited by Barbara T. Hoffman, 2006.
SOTHEBY’S. http://www.sothebys.com/held/buy/index.html. Accessed June 1, 2012. Sotheby’s Fine Art Storage Facility. http://www.sothebys.com/en/inside/services/sothebys-fine-art-storage-facility/overview.html. Accessed July 11, 2012.
SPIEL JUNIOR, Robert E. Art Theft and Forgery Investigation. The Complete Field Manual. Springfield: Charles C. Thomas, 2000.
SUÁREZ-INCLÁN DUCASSI, María Rosa. Financial Regulations and Tax Incentives with the Aim to Stimulate the Protection and Preservation of Cultural Heritage in Spain. Art and Cultural Heritage: Law, Policy, and Practice. New York: Cambridge University Press, edited by Barbara T. Hoffman, 2006.
THE SAR Activity Review, Trends, Tips & Issues. Published under the auspices of the BSA Advisory Group, Issue 12 FinCEN, Oct 2007.
THOMPSON, Erin. The Relationship between Tax Deductions and the Market for Unprovenanced Antiquities. 33 Colum. J.L. & Arts 241, 2010.
THORNTON, Sarah. Sete dias no mundo da arte. Bastidores, tramas, intrigas de um mercado milionário. Translation: Alexandre Martins. Rio de Janeiro: Agir, 2010.
WILSON, David McKay. Who Owns Art? Raymond Dowd, Law’91, and the Fate of Artworks Looted by the Nazis. Fordham University Alumini Magazine, Spring 2012, pp. 23–25.
WIZIACK, Júlio. Obra de Arte rende mais que a Bolsa e fica acessível. Por R$ 1.000 investidor pode iniciar coleção; galerias fazem parcelamento. Folha de São Paulo. 12/10/2012, folhinvest B1 e B3.
WU, Laura Flahive. Massachusetts Museum of Contemporary Art v. Buchel: Construing Artists’ Rights in the Context of Institutional Commissions. 32 Colum. J.L. & Arts 151, 2008.
Author information
Authors and Affiliations
Corresponding author
Rights and permissions
Copyright information
© 2013 Springer International Publishing Switzerland
About this chapter
Cite this chapter
De Sanctis, F.M. (2013). Investigating and Preventing Crime in the Art World. In: Money Laundering Through Art. Springer, Cham. https://doi.org/10.1007/978-3-319-00173-9_4
Download citation
DOI: https://doi.org/10.1007/978-3-319-00173-9_4
Published:
Publisher Name: Springer, Cham
Print ISBN: 978-3-319-00172-2
Online ISBN: 978-3-319-00173-9
eBook Packages: Humanities, Social Sciences and LawSocial Sciences (R0)