Quote of the moment

"I have to tell it again and again: I have no doctrine. I only point out something. I point out reality, I point out something in reality which has not or too little been seen. I take him who listens to me at his hand and lead him to the window. I push open the window and point outside. I have no doctrine, I carry on a dialogue." Martin Buber

Wednesday, June 13, 2012

¿Got Artwork? ¡Get paperwork! Export of original art from Chile

"Sanhattan 2012" Oil on canvas, 50x150 cm. by Artist, Timothy Craig

I recently purchased my first original oil painting from Timothy Craig, an American artist from New Hampshire residing in Chile with his wife who was on assignment in Santiago, Chile with the UN. It's a lovely piece that shows the Santiago skyline framed by the Andes. It hangs next to our window showing a similar scene. He announces on his website that he will have an Open Studio this weekend-June 15 at 7-10:30 pm  and June16 at 11am-6 pm.
Directions for the event are: 
Merced 563 #C Santiago centro (el mapa)
In front of Supermercado Líder, next to the Metro Station- Bellas Artes

We enjoy two views of the Santiago skyline
And while I'd love to purchase more of his art and who knows, even a work by the great Chilean master, Roberto Matta, I'm realizing that, as with just about everything here in Chile, it's just not that simple.  As a nascent art collector living out of country I have learned that in order to ship our treasures back home-or to where ever we are off to next- we will need documentation from the Departamento de Autorización de Salida e Internación de Obras de Arte of all of our original art works executed entirely by hand. We also need a similar statement for any of our antique mementos and treasures. This information is especially important for the many expats and others who participate in the International Association of Chile's annual fundraiser, Noche de Arte, where I made my purchase from Timothy Craig. 

Luckily, for return to the USA Original works of art (i.e. paintings, drawings, pastels, collages and decorative plaques) with or without their frames are duty-free under Chapter 97 in the Harmonized Tariff Schedule (HTS).
 Artwork Statement - The artwork statement is required for duty-free entry of original works of art such as sculptures, etchings, engravings, and lithographs. The statement shall show whether they are originals, replicas, reproductions, or copies, and also the name of the artist who produced them, unless upon examination the CBP officer is satisfied that such statement is not necessary to a proper determination of the facts.

Antique Statement - A Certificate of Antiquity, or a similar statement on the invoice, is required to claim duty-free entry of goods over 100 years old. The statement must include the words "circa date" followed by the year of manufacture whether known or estimated.
The added trick, however,  is to make certain that any art piece with a frame is not so fancy as warrant a separate classification for the frame as well.

For more information on duty-free treatment for original works of art under Chapter 97, please reference the HTS and  Informed Compliance Publication for Original Works of Art.
Now that's just to get our original artwork back IN to the USA. Getting them OUT of Chile may be a whole other ball of wax.

The law that controls the departure of works of art from the country is Ley Nº17.236 del Ministerio de Patrimonio y Educación  of 2006.  The law which bound state interests and cultural centralism was established to protect the national patrimony of artwork from leaving the country unlawfully.  Under the direction of the Libraries, Archives and Museums, the Ministry of Patrimony and Education directs that an official written authorization of departure or export (autorizaciòn de salida al exterior de una obra de arte de un autor nacional o extranjero) is required for any and all original works of art including: prints, paintings, sculptures, and photographs.

To obtain such a written statement art aficionados and collectors in Chile must go to the Department Authorizing the Exit and Internment of Works of Art (Departamento de Autorización de Salida e Internación de Obras de Arte).  This includes what ever little original souvenir artwork or great work of art from the masters that was completed by hand.  The department was created in 1976 with the goal of enforcing the Law 17.236 of the Ministry of Education. This government entity is in charge of the authorization of the removal and importation of all art which is considered original, whether painting, sculpture, drawing or engraving created by Chilean and foreign artists alike. The goal of this law is to protect the National Cultural Heritage.

Authorization for each work of art to leave Chile costs $5000 CLP, but is subject to change semi-annually dependent upon the IPC (consumer prices index). This Department also attends to the requests for importation of works of art created by Chilean artists, which are eligible for duty free entrance. This is all according to Article 9, No.2 of Law No.19.128, which permits that all works may enter the country without taxes.

Despite the  inconvenience local moving companies assure that current government and the Departamento de Autorización de Salida e Internación de Obras de Arte have not frequently exercised their right to declare our souvenirs as National Treasures, forbidding us from packing them up with us... as long as we have all the "papeleo"  ( bureaucratic paperwork ) in order. 

The law originated in 1970 when Chile became concerned that Chilean cultural property needed to be protected and defended from unethical trade practices. Concerns that tourists, art dealers and dealers in  antiquities would abscond with its monuments, antiquities and national works of art. As a result the Chilean government  enacted high-urgent calls for international protection of its  historical and artistic past.

In their article, Políticas Culturales:La Acción del Estado y la Sociedad de Oportunidades (Cultural politics: The action of the state and opportunity society)  published November 2011, Cristián Antoine F. D. and Brablec S. question if these actions are remain mandatory given the Chilean nation's changes within the State's institutions a well as expectations of legal reforms designed to transform the current National Counsel of Culture and the Arts in a Ministry of Culture and Heritage (Consejo Nacional de la Cultura y las Artes en un Ministerio de Cultura y Patrimonio). The authors suggest historically, there has been a link between the administration of power and its control over forms of artistic and cultural expression as a means of social delegitimization. Chilean governments have attempted to develop a conservation protection, patronage function and guaranteeing function of cultural property. According to the authors, the political and cultural experiences accumulated throughout the decades may herald a process of transition between "políticas culturales" (cultural politics)  and "public policies on culture." The authors conclude that political measures within the Coalition governments of the last four administrations tended to promote a greater emphasis on the creation and promotion of public policies via the allocation of financial, intellectual and / or technical resources for the realization of artistic works, while overlooking the need to for a balanced approach for the needs of the rest of the population.

I do appreciate the need of a country to protect its National Cultural Heritage.  Recently the Chilean National Counsel of Culture and Art ( Consejo National de la Culltura y las Artes) in its  Política de Fomento de las Artes Visuales 2010-2015  observed Chile's museums' poor procurement policies, and limited budgets hinder public museums from forming solid collections of modern and contemporary art.
By not participate in the art market, museums and institutions of excellence also fail to deliver investment guidelines, attempting in this way against his power of recognition, affecting their autonomy.
 Yet the National Counsel of Culture and Art points out that Chile's legislation governing the arts and regulating original artistic work (Law No. 17. 236) with few modifications fails to address the current problems in the field of visual arts. The law for the visual arts, whose function is to approve "rules that favor exercise and dissemination of the arts in our country" deserves review and new proposals for improvement to meet their objectives given the failure of the current law.

Here's hoping they find the fix and eliminate the added burden and cost before we have to leave.

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