The British Antique Dealers' Association
BADA
Trade body representing the interests of the leading antique and art dealers in the United Kingdom and in certain other countries, including European ones.
ID: 26694895474-86
Lobbying Activity
Response to Revision of EU rules on Anti-Money Laundering (new instrument)
18 Nov 2021
The British Antique Dealers’ Association (BADA) is the trade body representing the leading fine art and antique dealers in in the United Kingdom.
We are submitting our comments to the “Have your say” facility because our art dealer members conduct business with citizens of European Union (EU) countries, as well as with businesses located in the EU, notably with European art dealers and auction houses. Consequently any harm to international trade arising from the proposals in the above document will apply to businesses in the UK as well as to EU-based businesses and citizens.
BADA is a founder member of CINOA, the international confederation of art dealer associations, which represents 5,000 of the world’s leading dealers, and is also making a submission in response to this consultation. We fully support CINOA’s response, but wish to make some additional comments.
BADA supports reasonable and proportionate measures to prevent money laundering and terrorism financing, but we believe that the existing anti-money laundering directive and the proposed regulation are insufficiently targeted at the highest areas of risk. Consequently the micro and small businesses which comprise the art gallery sector, usually employing just one or two people, will expend disproportionate time and resources carrying out a “tick box” exercise on low value, low risk transactions at the expense of focusing on transactions most likely to be connected to money laundering.
We therefore recommend that the “in scope” art market sector be redefined as comprising transactions in works of art exceeding a value of €150,000.
Read full responseResponse to Implementing arrangements for the import of cultural goods
21 Apr 2021
Please find attached the BADA response to this consultation.
Read full response25 Feb 2021
The British Antique Dealers’ Association (BADA) is the trade body representing the leading antique and fine art dealers in the United Kingdom
Our antique dealer members conduct business with citizens and businesses of EU countries, including antique dealers and auction houses. Any harm to international trade arising from the proposals to ban the commercial import and export antique ivory will apply to businesses in the UK as well as to EU-based businesses and citizens.
BADA supports reasonable and proportionate measures to prevent the trade in poached ivory and supports restrictions on the trade in items that are at a high risk of containing or being made from poached ivory. We support the proposed bans in relation to raw and modern ivory.
However, the changes will impose significant damage on the trade in antique cultural property and in our opinion, as explained in the attached submission, they represent a disproportionate abuse of the EU’s precautionary principle as applied to the protection of the environment. They also ignore the requirements of the Treaties concerning protection, respect and encouraging the understanding of the cultural heritage of the Member States of the European Union and other countries and cultures.
In summary:
• We support the proposed bans on the sale/import/export of raw and modern ivory. In reality, however, the new restrictions amount to a ban on the free international movement of cultural property created over many hundreds of years, including European patrimony.
• Restricting movement and return of cultural property is against the obligations in the EU Treaties, which seek to protect cultural heritage and cultural property of EU Member States and of other countries and cultures.
• The Commission recognises that the EU does not play a part in the illicit ivory poaching trade and so is attempting to rely on the precautionary principle (used in environmental protection law against harmful manufactured products or polluting industries) to justify these extremely restrictive measures.
• The precautionary principle is not being applied in accordance with EU rules since it is not being used in a proportionate way and is being applied arbitrarily and illogically.
• It is arbitrary and illogical since it provides exemptions for some objects made very recently from ivory (e.g. modern 1970s pianos) whilst it bans imports and exports of cultural artefacts, including those of great historical significance.
• It is not a proportionate response either - the measures will have no material change on a market already regarded as unconnected with ivory poaching, yet it will totally close down international trade in certain cultural artefacts.
• The measures include significant changes which are much welcomed and long overdue: new bans on the internal trade in and import of raw ivory, a ban on internal trade in 1975-1990 ivory and new bans on the internal trade in, import or export of pre-Convention ivory. By putting these combined bans in place the EU will be making a significant international statement on its attitude to trade in illicit ivory. No additional messaging benefit is achieved by imposing an additional ban on the already low numbers of imported and exported items of cultural property.
The 28 January 2021 proposals would be rendered workable and less unacceptable for international trade and cultural exchange were they to:
• revert to the proposals presented by the Commission at its October 2020 Stakeholder meeting;
• allow the import and re-export of pre-1947 antiques on a case by case basis, requiring independent confirmation of age;
• require internal trade in pre-1947 antiques using a commercial trade certificate and evidence of age, except for items falling below a de minimis of 50 per cent ivory by volume or weight;
• allow sufficient time for the antiques trade to prepare many thousands of applications for internal trade certificates for their existing stock of antiques.
Read full response