Deregulation of the Import and Export of Artwork in Argentina: A New Legal Framework

The artistic and cultural sector will benefit from the implementation of a new decree aimed at deregulating the import and export of artwork. Announced by the Ministry of Deregulation and State Transformation, this regulation—set to be published in the Official Gazette—introduces significant amendments to the existing legal framework. The goal is to facilitate the global circulation of artwork, reduce bureaucratic barriers, and provide greater legal certainty to stakeholders in the sector.  

Among the most notable changes, the decree extends the time limits for the temporary export and import of artwork from one year to five years. This measure, a longstanding request by gallerists and collectors, seeks to ease participation in exhibitions and art fairs both domestically and abroad, while optimizing the logistical costs associated with moving pieces across borders.  

In addition, the decree eliminates the requirement for a special export license for works by artists who have been deceased for more than 50 years. Previously, this process granted the State or resident third parties a preferential option to purchase such works prior to their export, which effectively constrained the property rights of the owners. This procedure, requiring up to 16 separate approvals, had long been criticized as a deterrent to the development of art collections, creating uncertainty regarding the State’s potential exercise of its purchase option and the economic terms of such transactions.  

Under the new regulatory framework, owners will be able to export artwork by completing a simplified form directly at the airport, available at any time. Furthermore, the decree abolishes the committee responsible for issuing export licenses, thereby removing an additional layer of bureaucracy. It is important to note, however, that these changes do not apply to pieces classified as part of the nation’s cultural heritage, which remain subject to specific protective measures as defined by existing legislation.  

This regulatory reform echoes the liberalization introduced in 1996 with the enactment of Law 24,633, which facilitated the global circulation of artwork and marked a milestone in the international commercialization of Argentine artists’ works. Notable examples from that era include pieces by Antonio Berni, later auctioned at record prices and acquired by prominent collectors such as Amalita Fortabat and Eduardo Costantini.  

The recent reform not only modernizes the legal framework but also enhances access for Argentine artists to the international market while safeguarding the property rights of collectors and gallerists. It represents a more efficient and less restrictive system for managing the movement of artwork, reinforcing Argentina’s position in the global art market.

Author: Ramiro de Iturralde