[MSN] Hermitage Won't Send Art to London Without Guarantee From U.K.

[Museum Security Network Mailing list]

Hermitage Won't Send Art to London Without Guarantee From U.K. 

By John Varoli and Farah Nayeri

Oct. 24 (Bloomberg) -- The State Hermitage Museum, Russia's largest
repository of art, said it will not send artworks to London for a Royal
Academy of Arts exhibition unless the U.K. government guarantees that the
works will not be confiscated by local courts on account of any third-party
lawsuit. 

The Hermitage and State Russian Museum in St. Petersburg, together with
Moscow's State Pushkin Museum of Fine Arts and State Tretyakov Gallery, last
week said they will lend more than 120 French and Russian paintings by
artists such as Cezanne, Gauguin, Matisse, Kandinsky and Malevich to the
Royal Academy's ``From Russia'' exhibition (Jan. 26 - April 18). 

The U.K. is still in the process of passing legislation that would give art
loans immunity from seizure should heirs to the original owners make claims.


``We told Britain a long time ago that our art works will not be able to go
to their country if we don't have a guarantee of immunity from
confiscation,'' Hermitage Director Mikhail Piotrovsky said after a press
conference in St. Petersburg this afternoon. ``As of today, we still don't
have such a guarantee.'' 

Toby Sargent, deputy head of news at the U.K. Department for Culture, Media
and Sport, said the British government couldn't provide such a guarantee
until the Royal Academy showed that the works' provenance wasn't in
question. 

Sargent said in a telephone interview that the British government would be
``effectively guaranteeing or assuring safety of those works. We cannot do
so until we've been assured that they are not subject to present or future
claims.'' 

Assurance Letter 

Sargent read out the wording of the ``letter of assurance'' that would go
from the U.K. to the Russian government. It confirms, ``under English law,''
that the works of art loaned for exhibition ``will be immune from any
process to enforce a judgment or arbitration award unless the state itself
has waived this immunity. This immunity will extend to applications to seize
or attach the property in question.'' 

``The government will use its best endeavours in accordance with the law of
England to ensure the safe return of all objects lent,'' according to the
letter of assurance. 

In an e-mailed response to questions, Royal Academy Chief Executive and
Secretary Charles Saumarez Smith said the academy was clarifying the
provenance of the works. 

In an earlier statement today, the academy reiterated that anti-seizure
legislation ``is expected to be introduced in Parliament in the next
parliamentary session'' and that, in the meantime, the Royal Academy was
``seeking a letter of comfort'' from the Department for Culture, Media and
Sport ``concerning the complex loans'' for the exhibition. 

At an Oct. 22 press conference announcing the exhibition, Saumarez Smith
said the Royal Academy was receiving the loans ``pending anti-seizure
legislation'' and that the exhibition was ``supported by both governments.''


To contact the reporters on this story: John Varoli in St. Petersburg at
jvaroli at gmail.com ; or Farah Nayeri in London at farahn at bloomberg.net . 

Last Updated: October 24, 2007 10:11 EDT