This advanced, practice-focused seminar examines the legal frameworks governing the import and export of cultural property, with particular emphasis on U.S. law, customs enforcement, and cross-border transactions. The course explores how governments regulate the movement of art and antiquities to combat looting, trafficking, and illicit trade.
Anchored in international agreements such as the UNESCO 1970 Convention and U.S. statutory regimes, the course focuses on real-world practice: navigating import restrictions, responding to seizures, conducting provenance due diligence, and advising clients on lawful cross-border transfers.
Students will analyze how lawyers represent museums, collectors, dealers, auction houses, and governments in managing regulatory compliance and litigation risk. The seminar treats cultural property trade as a high-risk legal environment, where mistakes can lead to seizure, forfeiture, reputational damage, and criminal exposure.
This course assumes prior study of property law, international law, or art law.
Course Objectives
By the end of the course, students should be able to:
1. Understand legal frameworks governing import/export of cultural property.
2. Analyze U.S. customs and border enforcement mechanisms.
3. Evaluate risks in cross-border art transactions.
4. Understand documentation and compliance requirements.
5. Assess seizure and forfeiture risks.
6. Navigate international cooperation in cultural property enforcement.
7. Advise clients on due diligence and compliance programs.
8. Evaluate litigation strategies in import/export disputes.
9. Assess ethical considerations in cultural property trade.
10. Apply legal principles to real-world cross-border scenarios.
