Select Committee on Culture, Media and Sport Minutes of Evidence


APPENDIX B

Extract from Christie's Staff Handbook

THE SALE OF EXPORTED WORKS OF ART

  The laws governing the export of works of art vary widely throughout the world. Some countries restrict the export of all but the most insignificant works, while others allow freedom for the owner to take his work of art from one country to another. The Company is an international company that has offices and clients in most countries. It is the policy of the Company to observe the laws and regulations of all countries where it operates.

  All clients selling through the Company are required to sign the Company's Consignment Agreement, in which the vendor undertakes that he has complied with all requirements relating to export and import. The Company therefore makes it a condition of accepting a lot for sale that the owner has observed national regulations.

  In order to carry out our policy:

    —  The Company representatives in all countries must be familiar with their local export regulations;

    —  The Company's local offices should, whenever possible, be responsible for applying for an export licence on behalf of the vendor;

    —  In order to avoid any accusation of inducing a client to act unlawfully, a specialist or representative giving an open market valuation in a country where the existence of restrictive export rules may lead to a discrepancy between the domestic and worldwide value, must advise the owner that the open market value given is dependant on obtaining an export licence;

    —  Specialists visiting a foreign country must inform the local company office of their plans. Under no circumstances must they either offer or agree to hand-carry a client's property across a national border, unless it is accompanied by the correct paperwork, which would have to be approved by the senior member of staff in the exporting country. Any proposal to export an item for sale must be referred to the local company office; and

    —  There may be occasions when, notwithstanding the client's undertaking in the Consignment Agreement, reasonable grounds exist for suspecting that an object consigned for sale has been illegally exported. Anyone with such a suspicion must report it quickly to the Head of Department and to the Legal Department. There must be no delay in getting the Legal Department involved.

STOLEN ART

  The Company does not sell property where there are reasonable grounds to suspect that it has been stolen.

  All clients selling through the Company are required to sign the Company's Consignment Agreement giving his/her name and address, which, for new clients without the Company's client numbers should be verified and recorded. In the Consignment Agreement, the vendor warrants that he has good title to the property.

  Although it is extremely unlikely that a stolen work of art is brought to the Company directly by the thief, it is possible that a bona fide vendor consigns property for sale that was in the past stolen.

  In order to take all reasonable steps to avoid the inadvertent sale of a stolen work of art the following procedures are in place:

    —  All Company catalogues are sent to the Art Loss Register (ALR). The ALR checks catalogue descriptions against its database of stolen property. If a possible match is found the ALR alerts the Company's Director of Group Security who will investigate it further and inform the Department concerned;

    —  If a member of the Company's staff has reasonable grounds for suspecting that a work of art has been stolen, he should report such suspicions to the Director of Group Security who will take responsibility for investigating it and informing the police and vendor.

May 2000


 
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Prepared 21 June 2000