China Ban
September 2007
NEW YORK—A ban currently proposed in China by Shan Jixiang, director-general of the State Administration of Cultural Heritage, and which will take effect by the end of this year, aims to prevent the overseas exportation of antiques dated before 1911 in an effort to safeguard cultural heritage. This new ban is a large jump from the current laws in place, which prohibits the exportation of all antiques dated prior to 1795.
Cynthia Volk, director of Berwald Oriental Art in New York, explains the ban’s temporal jump from 1795 to 1911. “The fact that they have chosen the Qing dynasty [1644-1911] is obviously relevant,” Volk says. “1795 was the last year of the Qianlong emperor’s reign. It was a significant date. I think they have expanded it because they are looking to stop all imperial wares and whatnot from leaving the country, so they have extended it to include the entire imperial rule.”
Leon Wender, owner and director of China 2000 Fine Art in New York, says that he supports China’s efforts to abate illegal smuggling of Chinese treasures between the mainland and Hong Kong, where, for example, trading laws are different and allow for the legitimate export of Chinese antiques. But he says he hopes that people who trade legally will not be unfairly affected by the ban. “Freely traded around the world, [antiquities] help other cultures understand each other,” Wender says. “China should be thankful for that rather than penalizing companies and individuals who do things according to the book. We [antiques dealers] are not trying to get away with anything. We’re trying to serve our client base, but we also love China and Chinese culture.”
The new prohibition includes an exception for antiques that are sold at an auction on the Chinese mainland when they are bought by an overseas collector who consigned the auction house to sell them.
“That’s been ongoing at the Guardian auction house and other of the major auction houses,” Volk says. “The Chinese auction houses are actively looking for goods to consign. This is a way for them to control the flow of material. It’s a nice way for them to get out of the loophole themselves, to carry on and not alienate the Western market.”
The 1911 date chosen coincides with the date of the embargo China has requested with the U.S. that would prevent all Chinese artifacts dated prior to 1911 from coming into the States without proper documentation. The request is currently idling in the U.S. Department of State.