Immunity & Due Diligence
Immunity from Seizure
Dulwich Picture Gallery is able to provide immunity from seizure under part 6 of the Tribunals, Courts and Enforcement Act 2007. This Act provides protection from seizure for cultural objects which are loaned from overseas to temporary public exhibitions in approved museums and galleries in the UK.
The conditions are:
• The object is usually kept outside the UK
• The object is not owned by a person who is resident in UK
• The import of the object does not contravene any law
• The object is brought into UK for purpose of a temporary public exhibition at an approved museum or gallery
• The borrowing museum or gallery has published information about the object
For further information, please refer directly to the Tribunals, Courts and Enforcement Act 2007 or the DCMS website
For further information please refer to the Immunity from Seizure page on the Arts Council website here
Due Diligence Policy
(revised May 23 2008)
National & International Standards
Dulwich Picture Gallery’s due diligence policy for objects on loan from abroad to temporary exhibitions is in accordance with all relevant national and international standards, including the following:
• Statement of Principles issued by the National Museum Directors Conference on “spoliation of works of art during the Holocaust and World War II period” in 1998;
• Combating Illicit Trade: Due Diligence Guidelines for Museums, Libraries and Archives on collecting and borrowing Cultural Material (DCMS, October 2005);
• UNESCO 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Cultural Property;
• ICOM Code of Ethics;
• SPECTRUM: UK Documentation Standard for Museums;
• Convention on International Trade in Endangered Species of Wild Fauna and Flora;
• ICOM red list.
The Dulwich Picture Gallery due diligence policy and procedures are adhered to and carried out by all members of the Exhibitions Department in conjunction with the exhibition Curator(s). Overall responsibility for supervising the due diligence procedures lies with the Director.
Full provenance information is requested of the Lender for each object coming to Dulwich Picture Gallery and is assessed by the Exhibitions department staff for any missing or suspect information. In cases where the Lender is unable to provide a complete provenance, the exhibition Curator(s) would be consulted and would in turn contact other scholars and experts in the relevant field. Should the provenance still be incomplete, the Exhibitions department will contact the Art Loss Register and other art loss databases.
Dulwich Picture Gallery will not proceed with any loans with questionable provenance. Particular attention is paid to the period 1933 – 1945.
Loan & Due Diligence documentation
Dulwich Picture Gallery’s loan agreement form requires the Lender to confirm their legitimate acquisition, legal ownership and lawful ability to lend the Object, as well as to confirm the provenance to the best of their knowledge and that no outstanding or potential third party claims of ownership are in existence. When asked to use another museum or gallery’s loan documentation, Dulwich Picture Gallery will carefully evaluate it to ensure it complies with all national and international standards. Should these be met, Dulwich Picture Gallery will give the lending institution’s form pre-eminence but require the signature of Dulwich Picture Gallery’s loan agreement form to ensure that the Lender has read and agreed to the above terms regarding legal ownership and provenance.
All records of due diligence checks are retained within the confidential exhibition files for a minimum of six years as standard.
If you have a query or require further information please contact the Exhibitions Department.