As I understand it your problem is with the Kenyan customs authorities.
Did the artist complete any temporary export documentation when he
exported the painting from Kenya?  If not then the Kenyan authorities
won't have the proof of temporary export they require.  You could try
putting together as much documentary evidence of the nature of the
problem and sending it to the Kenyan authorities. Any of the following
might help and I would put together as much as you have:

	Evidence of import into your country
		e.g.	Import certificate from your customs authorities
			Reciept for import dues paid
			Customs clearance documents from your shipper
			The envelope/outer packaging your received the
work in.
			The pro-forma invoice that accompanied the work
when it arrived
			The air waybill

	Evidence of the exhibition and its duration
		e.g.	Catalogue
			Newspaper cuttings (especially any which mention
this artist and that the painting came from Kenya)
			Loan agreement
			Any letters aggreeing shipment arrangements 

However if the right forms weren't filled in accepting this sort of
documentation is likely to be a matter of discretion on behalf of the
officials and depending on local laws they may not be able to accept it
at all.
	
Also contact the cultural attache at the Kenyan embassy in your country
(especially if they were invited to the exhibition opening) and the
cultural attache at your country's embassy in Kenya.

In general always explain to artists shipping works from another country
that they need to contact their local customs officials before the
artwork leaves the country to ensure that they have the correct
documentation for a temporary export.  (This is why I always use fine
art shippers - if they don't get the documentation right and there is a
charge that could have been avoided they have to pay not me!)

If you can't get the fees waived and the artist followed your
instructions then you are probably going to have to pay the customs fees
on his behalf.

Trevor Reynolds
Collections Registrar, English Heritage, Room 530, 23 Savile Row, London
W1S 2ET, United Kingdom
Tel: +44 (0) 20 7973 3482  Fax: +44 (0) 20 7973 3209

> -----Original Message-----
> From: Museum discussion list [mailto:[log in to unmask]] On
> Behalf Of Shari Davis Benny Ferdman
> Sent: 20 August 2005 08:09
> To: [log in to unmask]
> Subject: Help with Customs Problem
> 
> Dear List,
> I'm hoping someone might have some insight to help us over an art
> shipping obstacle. At the conclusion of an exhibit we curated we had
> a painting shipped UPS back to the artist in Kenya. We insured the
> painting for $4000--the amount the artist valued the work at.  A few
> weeks ago the artist e-mails us telling us that the painting has has
> been stuck in customs since May and that the customs office in
> Nairobi is asking $1500 for its release (due to the high value) as
> well as daily storage fees. i e-mailed the UPS customs partner in
> Kenya explaining the painting belonged to the artist, was on loan for
> an international exhibit, no money was exchanged, and it  is now
> being returned to the artist. I told her I can fax loan agreement,
> more information about the exhibit etc. She replied asking me to send
> a more detailed letter she can submit to customs.
> The artist cannot pay this amount, the only other recourse is to have
> it shipped back to the send--hundreds of dollars!  Or it will be
> auctioned off.
> Des anyone on the list have experience with this? Is there certain
> information or wordage to put on the letter to make it more likely
> the customs office will release it to the artist? What recourse do I
> have? Any help would be appreciated.
> Shari Davis
> Creative Ways
> Interactive Exhibits & Educational Resources.
> 
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