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Subject:
From:
Boylan P <[log in to unmask]>
Reply To:
Museum discussion list <[log in to unmask]>
Date:
Mon, 16 Aug 1999 02:32:36 +0100
Content-Type:
TEXT/PLAIN
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TEXT/PLAIN (60 lines)
On Sun, 15 Aug 1999, Tanasak Krabuanrat wrote:

> Could you tell me what are the custom regulations in import and exporting Thai art works and antiquities?  Where can I find out about this matter?
>
> Thank you so much,
> Umaworn

==============================

UNESCO maintains so far as possible an up to date database of national
legislations on cultural property legislation.  As UNESCO's
 Head of Legal
Standards for the Cultural Heritage division is away I have forwarded your
enquiry to the Head of the Cambodian Office of UNESCO, Etienne Clement,
who is himself a distinguished specialist in this aspect of international
law.

However, as a matter of general principle for movement to be legal it must
comply with the laws and regulations of both the exporting country and
importing country.  For imports into the United Kingdom or the USA (which
have similar customs regulations) there must be a full and accurate
description (including details of origin) and valuation of each item to be
imported.  In the case of the UK, Value Added Tax (VAT) on the full value
is payable on any work of art or other cultural object less than 100 years
old, and in the case of some categories (e.g. textiles) there may be
import duty payable as well - at the same rate as applies for modern
textiles, clothing etc. Failure on any of these points is treated as
straightforward smuggling, and is liable to both criminal and fiscal
penalties and the likelihood of confiscation - as in the so-called
"Steinhardt Case" which the American Association of Museums had taken up,
and which was settled in a US Federal Appeals Court last month.

In common with the great majority of countries, Thailand has explicit
controls requiring the authorisation and licensing of cultural exports.
As indicated above UNESCO keeps details of these, but they ought to be
very widely available in the country concerned and among relevant trade
organisations as well.  I do remember from my most recent visit to
Thailand that for religious reasons  any export of any image or
representation of Buddha requires a special licence - even for completely
new works and without any minimum value.


Patrick J. Boylan
(Professor of Heritage Policy and Management)

City University, Frobisher Crescent, Barbican, London EC2Y 8HB, UK;
phone: +44-171-477.8750, fax:+44-171-477.8887;
Home: "The Deepings", Gun Lane, Knebworth, Herts. SG3 6BJ, UK;
phone & fax: +44-1438-812.658;
E-mail: [log in to unmask];  Web site: http://www.city.ac.uk/artspol/

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