Deregulation of the importation and exportation of works of art in Argentina: a new regulatory framework

The art and cultural sector will benefit from the entry into force of a new decree deregulating the import and export of works of art, as announced by the Ministry of Deregulation and Transformation of the State. This regulation, which will be published in the Official Gazette, introduces significant modifications to the current legal framework, with the aim of promoting the circulation of works of art in the international market, while reducing bureaucratic barriers and guaranteeing greater legal certainty for the sector’s players.

Among the highlights, the decree extends the terms for the export and transitory import of works of art from one to five years. This measure, long demanded by gallery owners and collectors, seeks to facilitate participation in fairs and exhibitions both in the country and abroad, optimizing the logistical costs associated with the movement of the pieces.

Additionally, the requirement of a special license for the export of works by artists who have been deceased for more than 50 years is eliminated. Until now, this procedure granted the State or third party residents a preferential option to acquire the works before they left the country, affecting the property rights of the owners of such pieces. This procedure, which required up to 16 signatures for approval, has been pointed out as a deterrent for the creation of art collections, as it generates uncertainty about the exercise of the purchase option by the State and the economic conditions of such operation.

Under the new regulatory framework, owners will be able to export works of art using a simplified form that can be completed directly at the airport, at any time. In addition, the committee responsible for granting export licenses is eliminated, thus eliminating an additional layer of bureaucracy. However, it is important to note that these modifications do not affect the pieces catalogued as national cultural heritage, which continue to be subject to the specific controls established for their protection.

This regulatory change is reminiscent of the liberalization implemented in 1996 with the enactment of Law 24.633, which allowed the global circulation of works of art and marked a milestone in the commercialization of pieces by Argentine artists abroad. Outstanding examples from that period include works by Antonio Berni, later auctioned at record values and acquired by renowned collectors such as Amalita Fortabat and Eduardo Costantini.

The recent reform not only modernizes the regulatory framework, but also strengthens the access of Argentine artists to the international market and protects the property rights of collectors and gallery owners, consolidating a more efficient and less restrictive system for the management of works of art.

Author: Ramiro de Iturralde