The Cultural Goods Import Regime of Regulation (EU) 2019/880: Four Potential Pitfalls

Abstract

This article argues that Regulation (EU) 2019/880 and its implementation will need to be reviewed in order to reach its goals. Regulation (EU) 2019/880 seeks to protect cultural heritage and prevent money laundering and terrorism financing by regulating the import of cultural goods into one of the largest art markets in the world. The Regulation however suffers from several shortcomings with respect to various issues. The article analyses four of these issues, starting with the process of creation of Regulation (EU) 2019/880 and the main critique of it being based on (too) little evidence. Moreover, attention is paid to the necessary practicalities of the European-wide implementation of Regulation (EU) 2019/880, the complexity caused by the use of the 1970 UNESCO Convention definitions to define cultural goods, as well as the practical ramifications of the use of the concept “country of creation or discovery”. Drawing on these findings the article questions whether this Regulation in its current form is likely to have its intended effects.