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Ulph, Janet --- "Legal perspectives on heritage crime: reviewing due diligence measures for the art market" [2019] ELECD 2999; in Mitsilegas, Valsamis; Hufnagel, Saskia; Moiseienko, Anton (eds), "Research Handbook on Transnational Crime" (Edward Elgar Publishing, 2019) 356

Book Title: Research Handbook on Transnational Crime

Editor(s): Mitsilegas, Valsamis; Hufnagel, Saskia; Moiseienko, Anton

Publisher: Edward Elgar Publishing

Section: Chapter 26

Section Title: Legal perspectives on heritage crime: reviewing due diligence measures for the art market

Author(s): Ulph, Janet

Number of pages: 27

Abstract/Description:

The global trade in stolen and smuggled heritage objects is facilitated by middlemen. This chapter focuses upon dealers and auction houses and argues that they should be held to a high standard of risk-based due diligence in order to disrupt this type of criminal activity. But due diligence is an imprecise phrase. It is suggested that the proposal in a European Directive to extend anti-money laundering regulations to all businesses in the art market should be welcomed because the regulations assist in clarifying what due diligence steps are needed. Yet it is also argued that the guidance in these regulations is not sufficient because due diligence procedures which are appropriate for financial institutions require some adjustment when applied to deterring trafficking in the art market. As each heritage object may be unique, a detailed examination of the object and its provenance should lie at the heart of any due diligence process.