Cuban Art and Associated Legal Issues - Case Study Example

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The researcher of the following paper claims that for many years since the US imposed an embargo with Cuba, it has been rather hard to gain access to Cuba or its art treasures. The average American could not easily travel to Cuba and they risked being slammed with hefty fines…
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Cuban Art and Associated Legal Issues
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Download file to see previous pages On the same legal issue, during the tenure of the US president George W Bush, there was a tightening of restrictions around the Cuba embargo and it became a bit harder for US citizens especially to access artwork from Cuba freely as had been the case before. This was also as a result of lobbying by some members of families who had had their art confiscated by the Fidel Castro regime when he took power (Yulia, 2010). This is particularly true with the case of the Billionaire Fanjul family that had a vast collection confiscated and later sold by the Cuban government. They lobbied to have anyone trading in their artwork declared to be in violation of trading with the enemy laws put in place to prevent trade with Cuba but under which artwork was exempted.
Another law that the Fanjuls and others are relying on in their quest to recover their lost artwork is the Helms-Burton Act which blocks people that deal in Cuban confiscated property and their immediate families from entering the United States and also opens them up to the payment of potential damages. In this case, there is the Argentinean art dealer Bruno Sciaoli whom they have ascertained to have in his possession one of their lost art pieces known as the Malaga Porta painted by Joaquin Sorolla y Bastida.
This Act was however not acceptable to the European Union which then passed a resolution which prevents its enforcement within the EU. The issue of the law not being enforceable in the EU arises from the fact that the EU recognizes Cuba as a sovereign nation as well as its decision to nationalize assets which includes the confiscated artwork. In the US its embargo laws prohibit trade in the confiscated properties from Cuba. If the state department tries and finds the art dealer Bruno Sciaoli guilty, then they will have opened a whole new era in the sales of this artworks. It will have complicated any sales of artwork sourced from Cuba which is going on at present unfettered in the US.
The primary difference between the claims for artwork that was looted by the Nazis and the claims for the artwork that was nationalized by the Cuban Communist government is in the detail. ...Download file to see next pagesRead More
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