By: Miranda Glisson

The global art market was valued at $552.03 billion in 2024 and is projected to reach $944.59 billion by 2033. However, illegal trafficking of cultural property generates a significant revenue stream for organized crime groups and terrorists, driven by the high value of art and the low risk involved. The global reach of the art market, combined with the assistance of the internet in streamlining transactions, makes it increasingly challenging to combat illicit trafficking of cultural property. 

Cultural Property 

Illicit trafficking of cultural property involves a wide range of commodities, from fine art to fossils. Article 1 of the 1954 Convention for the Protection of Cultural Property in the Event of Armed Conflict with Regulations for the Execution of the Convention defined the term “cultural property” as “(a) movable or immovable property of great importance to the cultural heritage of every people…” More recently, Article 1 of the UNESCO (United Nations Educational, Scientific and Cultural Organization) Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property of 1970 defines “cultural property” as “property which, on religious or secular grounds, is specifically designated by each State as being of importance for archaeology, prehistory, history, literature, art or science…” 

Cultural property is finite and irreplaceable. Already, cultural heritage is at risk from natural causes of decay as well as changes to the landscape through agricultural and construction activities. These losses are exacerbated by criminals smuggling cultural objects by destroying archaeological sites, disturbing grave sites, and stealing from religious and cultural institutions. Criminals then trade the stolen property underground through illicit markets, the black market, social media, and sometimes semi-legally through gallery auctions. The illicit cultural property market has a significant societal impact, as cultural property is vital to learning about human history and cultures and maintaining community identity and traditions. 

Governing Statutes 

In the United States, the National Stolen Property Act (NSPA) (U.S. Code Title 18 Section 2314 – 2315) prohibits the transportation, sale, or receipt of stolen property valued at $5,000 or more across state or international borders. The inclusion of ‘international borders’ underscores the critical role of global cooperation in combating cross-border trafficking of stolen property.

The UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property of 1970 (UNESCO Convention) is the leading international treaty in the fight against illicit cultural property trafficking. 147 states ratified the UNESCO Convention and provided guidance regarding the prevention of illegal cultural property trafficking and restitution of stolen objects. Central to this treaty’s goal is international cooperation, which it promotes by encouraging participating states to adopt protection measures in their territories (Article 5), control the movement of cultural property (Article 6 – 9), and return stolen cultural property when requested by the state that the cultural property originates (Article 7). 

On the 6^th of January, 2024, the United Nations General Assembly, backed by more than 140 nations, adopted a resolution (A/79/231) to strengthen the UNESCO Convention. The resolution is an effort to urge Member States to implement national and international measures to combat illicit trafficking of cultural property, introduce training for police forces, customs, and border services, and establish specialized police units that are exclusively dedicated to the protection of cultural heritage. For example, in the United States, the Homeland Security Investigations (HSI) has a Cultural Property, Art and Antiquities (CPAA) Program that focuses on stopping the movement of trafficked contraband and dismantling networks that profit from illicit cultural property trafficking. Lastly, the resolution invited Member States to make illicit trafficking in cultural property a serious crime. 

Operation Hidden Idol 

To illustrate the importance of international cooperation in combating illicit cultural property trafficking, ‘Operation Hidden Idol’ is an investigation that began in 2007 and focused on former New York-based art dealer Subhash Kapoor. The collaborative efforts of HSI CPAA, Interpol, the Manhattan District Attorney’s Office, and the government of India resulted in the arrest of Kapoor for trafficking 2,600 cultural objects worth approximately $143 million. Kapoor was indicted in New York in 2019 and was charged with 86 criminal counts of grand larceny, criminal possession of stolen property, and conspiracy to defraud. 

Efforts to return stolen cultural property are ongoing. Recently, on November 13, 2024, the Manhattan District Attorney returned 1,440 stolen artifacts, worth an estimated $10 million, to India that were trafficked by Kapoor and another convicted trafficker. 

Conclusion 

The fight against illegal cultural property trafficking is spearheaded by the UNESCO Convention, which has raised awareness of illicit trafficking, aiding countries in creating laws and implementing restitution measures. The efforts and systems to trace, monitor, and authenticate artworks have increased, but so has the number of skilled traffickers. The UNESCO Convention highlights that nations must cooperate to locate and return stolen cultural property due to the ever-increasing globalization of the art market.