EU and UK Import - Export Summer 2025
The antique tribal art market is facing significant changes due to new import laws and regulations in the European Union and the United Kingdom.1 These changes, which came into full effect in mid-2025, are designed to combat the illicit trade of cultural goods, but they are also having a profound impact on the legitimate art market.
The New EU Regulations (Regulation 2019/880)
Effective June 28, 2025, the EU's new regulations on the import of cultural goods apply to any object that was originally created or discovered outside the EU.2 The impact on the tribal art market is particularly pronounced because many pieces fall into the "high-risk" categories.
1. Increased Burden of Proof: The most significant change is the shift in the burden of proof.3 The importer (whether a dealer, gallery, or private collector) must now provide documentation to prove that the item was legally and lawfully exported from its country of origin.4 This is a massive administrative and financial burden, as many antique tribal art pieces, particularly those collected in the late 19th or early 20th century, lack this kind of detailed paperwork.
2. Tiered System for Cultural Goods: The regulation creates a tiered system for imports:5
Category B (High-Risk): This includes archaeological objects and dismembered parts of monuments more than 250 years old, regardless of value.6 These items require an import license before they can enter the EU.7 Much of the most valuable tribal art and antiquities fall into this category.
Category C (Lower-Risk): This category covers a wider range of cultural goods, including objects of ethnological interest more than 200 years old with a value over €18,000.8 These require an importer statement—a self-certified declaration of legal export.9
3. New Digital System: The EU has launched a new electronic system, the Import of Cultural Goods System (ICG), which is now mandatory for submitting license applications and importer statements.10 This system is designed to centralize documentation and information exchange among customs authorities in member states.11
Impact on the UK Market
Following Brexit, the UK is no longer subject to the new EU regulations.12 This has created a bifurcated market that is causing both challenges and potential opportunities.
1. UK as a Less Onerous Destination: For some dealers and collectors, the UK may become a more attractive point of entry for tribal art.13 Since the UK does not have the same stringent import licensing requirements as the EU, it could be seen as a simpler and less bureaucratic destination for transactions.14 This could potentially increase the volume of tribal art traded within the UK.
2. Complications for Cross-Channel Trade: The new regulations have created significant hurdles for trade between the UK and the EU. British galleries or collectors who wish to send pieces to EU-based clients, or to participate in major European art fairs like TEFAF Maastricht, now face the same complex documentation requirements as any other non-EU country. This has added layers of administrative costs and potential delays.15
Overall Impact on the Antique Tribal Art Market
The EU's new regulations, combined with the UK's separate legal framework, are having a polarizing effect on the antique tribal art market:
Increased Value of Provenance: The new laws are putting a premium on objects with ironclad provenance. Pieces with verifiable documentation, such as old collection records, photographs, or historical exhibition history, are becoming even more valuable, as they are now much easier to legally import and export.
Devaluation of "Grey Market" Works: Works without clear documentation of their origin and legal export are now much riskier to trade, particularly in the EU. This has likely suppressed prices for such pieces and may lead to them being sold in less regulated markets.
Higher Administrative Costs: The cost of doing business has increased for dealers, galleries, and collectors who operate internationally.16 The time and resources needed for due diligence, paperwork, and navigating the new digital system have added a significant burden, especially on smaller businesses.17
Shift in Market Dynamics: The changes are encouraging a shift in market activity. Auctions and fairs within the UK may see a boost, while EU-based events may become more challenging for international dealers to participate in, unless they specialize in pieces with bulletproof provenance. The market is becoming more global but also more complex and fragmented.
Potential Consequences for the Art Market
* **Increased Costs and Delays:** Both sets of regulations create additional costs and administrative delays. Dealers and auction houses must invest in more sophisticated record-keeping, legal advice, and compliance staff.
* **Shift in Trade:** The added complexities and costs could lead to a shift in trade routes, with some business potentially moving to markets with less stringent regulations. The UK could, in some cases, benefit from being a less onerous destination for imports, but it also loses its advantage as a gateway to the EU.
* **Disproportionate Impact on Smaller Businesses:** While major auction houses may have the resources to adapt, smaller galleries and dealers may find the new administrative and compliance burdens overwhelming. They may not have the capital or personnel to navigate the complex legal requirements, potentially forcing them to scale down or close.
* **Impact on Specific Market Segments:** The regulations have a particularly strong effect on the trade of antiquities and archaeological items, where historical documentation is often scarce.
* **Uncertainty and Risk:** The lack of clarity around how some of the new regulations will be applied in practice, and the increased personal liability for individuals making declarations, adds a significant element of risk that could make some market participants hesitant to engage in certain transactions.
In conclusion, the new regulations are not designed to put businesses out of business, but to combat illicit trafficking and money laundering. However, their significant administrative and financial burdens, coupled with the potential for legal and reputational risks, could disproportionately affect smaller businesses and change the landscape of the art market in the UK and EU. It is a possibility that some will not be able to adapt and will therefore go out of business.
Sources
https://observer.com/2025/06/eu-antiquities-dealers-regulation-2019-880-antiquities-trade/#:~:text=The%20new%20regulation%20will%20likely,due%20to%20more%20burdensome%20procedures.
