The specialists guide to Chinese antiques. » Furniture Industry

Chinese buyer who refused to pay for looted bronzes weeps as he realizes that his credibility is shot.

Roger — Fri, 18 Jun 2010 15:22:16 +0000

Without saying if I agree or disagree, here are two interesting articles which I picked up off the Museum Security Network website (though one was originally from Bloomberg) regarding last years controversial auction of a bronze heads of a rat and a rabbit looted from Beijing’s Summer Palace in 1860 . Interesting perspectives – one must wonder if Cai Ming Chao simply “got caught up in it all?”

Chinese Art Dealer in Unpaid YSL Bronzes Furor Weeps as he realizes that his credibility is shot.

March 10 (Bloomberg) — Cai Mingchao (蔡铭超) the Chinese art dealer who is refusing to pay for the $40 million Qing bronzes he successfully bid for in the Yves Saint Laurent auction, wept when he realized that his credibility was shot and he may now have to close his business.

Cai, 44, spoke in an interview after turning away hundreds of calls from reporters about the Feb. 25 sale. He was praised in China for walking away from the bronzes, which were plundered by foreign troops, and has been condemned by other dealers. In the world of high-end art sales, where millions of dollars worth of items may sell on the basis of a phone call or handshake, defaulting is seen as unprofessional.

“This has damaged me: I have lost the business I love,” said Cai, in his office in the southeastern city of Xiamen. Cai said he had bid with the intention of paying, then had second thoughts and decided it’s wrong to do so. He again denied acting in concert with China’s government.

The Christie’s International sale is renewing debate in art circles on the moral and legal right of auction houses to sell controversial items, including those that some nations regard as looted. Cai’s default may also heighten calls for more checks on bidders. Art transactions were worth 43.3 billion euros ($54.5 billion) in 2006, according to a 2008 report by the European Fine Art Foundation.

International Law

Christie’s has always held that the sale of all of the Saint Laurent items, including the sculptures, was legitimate because the items had legal titles. Not so, said an ad hoc group of lawyers in China that in January threatened to sue Christie’s for offering the animal-head bronzes, saying it contravened international law.

The mid-18th-century sculptures of a rabbit and a rat were taken from the Old Summer Palace in Beijing by invading French and British soldiers in 1860.

The 1995 United Nations Unidroit Convention limits claims on stolen cultural artifacts to within 50 years of their theft.

On Feb. 23 in Paris (Xiamen is seven hours ahead of France), a court ruled that the sale could go ahead. Hours later, Cai called Christie’s Shanghai-based business development director Wang Jie from his favorite leather couch on his dark-wood, second-floor office and registered to bid.

“I thought to myself, ‘It’s impossible to find these items again,’” Cai said.

No Documents

On the afternoon of Feb. 25, Cai said, Wang called to say Christie’s agreed, after an internal meeting, that he would have three to four months to settle the bill if he won. None of the agreements was documented, Cai said. That contravenes Christie’s own terms-of-sale rules, stated at the back of its brochure, that “a prospective buyer must complete and sign a registration form and provide identification before bidding.”

Christie’s Hong Kong-based spokeswoman Kate Malin would not verify Cai’s identity and said the company would not comment on the bronzes sale because of client confidentiality.

It’s not uncommon for auction houses to let their best customers and those they consider wealthy bid on big-ticket items without asking guarantees or proof of ability to pay, said George Sutton, a Minneapolis-based analyst with Craig-Hallum Capital Group, who covers Christie’s rival Sotheby’s. French billionaire Francois Pinault owns London-based Christie’s.

“Something like this isn’t good for the reputation of the auction house,” said Sutton, “And will cause the need for change. This suggests possibly that change should happen.”

“These days,” said Cai, “you can’t even get a loan of 10,000 yuan ($1,289) without pledging your house or car as collateral, and I could just bid on an item worth hundreds of millions of yuan with one phone call.”

Buzz Cut

Cai’s black, unbuttoned choker-collar suit hung loosely on his tanned 5-foot-2-inch frame. He wore a buzz cut, rubber-soled black canvas shoes and a three-day-old moustache. Cai moved as quickly as he spoke, with a Fujian accent that flattened loud vowels. He smoked three Kent cigarettes in 30 minutes, sometimes struggling to hold back more tears.

Cai, a native of Xiamen, wouldn’t say how much he’s worth. The third of a cloth merchant’s four children, he said he inherited some money and made the rest in stocks and real estate. Cai said he left Xiamen’s art school at 18 and started in business by renting a store trading cloth. In 2005, he opened Xiamen Xinhe Art International Auction Co. after leaving the state-backed Xiamen Auction Co. where he said he started the art-sale department.

Ming Buddha

In October 2006, Cai made headlines when he paid a record HK$117 million ($15 million) for a Ming Dynasty Shakyamuni bronze Buddha at a Sotheby’s auction in Hong Kong. Cai said he settled the bill in three months and it shouldn’t matter how he did so. He said he still owns the Buddha, which is kept in a safe.

“He has a very good reputation with art dealers,” said Roger Keverne, 62, head of his namesake gallery and chairman of Asian Art in London, an annual exhibition by the city’s galleries. Keverne said he’d met Cai in Beijing and Hong Kong in the past few years. “I found him charming, his manners immaculate. I have only heard good things about him.”

At about 2 a.m. Xiamen time on Feb. 26, the last day of the Saint Laurent sale was under way in Paris. With seven lots to go before the bronzes came up, Cai got a call from Christie’s Asia Deputy Chairman Ken Yeh to prepare to bid. Cai watched the auction live from a Phoenix Television broadcast. First came the rat head. Cai looked on as the bidding on Lot 677 climbed from 9 million euros to 10 million euros to 11 million euros.

“Just as they were about to close the deal, I went in,” said Cai. “I felt if I didn’t bid, I will lose it forever.”

Bid Applause

He offered 12 million euros. A rival countered with 13 million euros, so Cai went up to 14 million euros — the final bid. Applause broke out. Next up was the rabbit head. Cai’s 14 million-euro bid beat a rival’s 13.5 million euros and he secured the second bronze.

“At that time, maybe I didn’t consider if I could pay for them,” said Cai. “At the most, I would sell some of my ceramics to pay for them.”

Hours after the auction ended, the State Administration of Cultural Heritage responded to the sale with a circular requiring Christie’s to detail the ownership and provenance of artifacts it brings into or out of China. When Cai heard of this, he started to question his purchase.

“I felt an internal struggle,” he said. “I felt, ‘If I paid this money and I can’t get the goods, what do I do?’”

Unpaid Adviser

That afternoon, Cai called and asked for a meeting with Niu Xianfeng, a Beijing-based deputy director of Ministry of Culture affiliate National Treasures Fund, which helps retrieve lost relics abroad. Cai has been an unpaid adviser with the fund since December 2007.

Cai said he kept calling Christie’s Wang between Feb. 26 and March 1 seeking the bill and the condition report of the bronzes. Cai said Wang told him Christie’s was chaotic and that people were away and that he should try later. Cai said he didn’t get any documents from Christie’s about the sale. Christie’s Malin declined to comment about this.

Cai came to think that accepting the bronzes was like buying “two time bombs and placing them at home, not knowing when they will explode.” Asked if he considered that before bidding, Cai said he couldn’t tell what prompted him to, just that he felt “mixed emotions” when the sculptures were on the block.

On Feb. 28, Niu and colleague Wang Weiming arrived at the Xinhe office and Cai told them he won the auction.

Officials ‘Shocked’

“They were shocked,” Cai said. “Then they said, ‘Good, good, we thought foreigners had bought them.’”

Niu didn’t answer his cell phone seeking comment.

Cai said he asked Niu and Wang to organize a news conference in Beijing under the National Treasures Fund’s banner to end speculation on who bought the bronzes.

After his March 2 news conference, Cai had the art world speculating on his motives and whether he had state backing. That night, he flew back to his office in Xiamen, a city of 2.5 million people just across the sea from Taiwan, sat on his couch and wept.

A March 4 Xinhua commentary compared Cai’s default with not paying ransom to kidnappers. “Paying would encourage more such stealing, and make the robbers happy,” the commentary said.

Berge’s Choice

Pierre Berge, partner of the late Yves Saint Laurent and the man who put the art collection up for sale, will keep the bronzes at home if they don’t sell, Agence France-Presse reported on March 3, citing him in an interview with French radio. Berge couldn’t immediately be reached for comment.

“If he wants to keep them at home, let him do it,” said Cai.

Hong Kong antiques dealer Yumi Kunizuka, whose family consigned a collection in London in 1989, said this case is not so much a lesson in law and art-auction protocol than manners.

“The whole matter could have been handled with more grace and wisdom by Christie’s, Berge and Cai,” said Kunizuka. Berge could have done more for Saint Laurent’s memory by not flaunting the bronzes, Christie’s shouldn’t have agreed to auction the items and Cai was unprofessional in what he did, Kunizuka said.

Hong Kong, where the auction house and main rival Sotheby’s hold biannual art sales, is Christie’s hub for the sale of Chinese antiquities, with revenue of more than HK$1 billion last year. Including other art categories, Christie’s Hong Kong sales last year tallied $452.3 million, about 11 percent of its total.

Export License

On March 6, Xinhua said, citing Cultural Heritage Administration Director Shan Jixiang, that its circular on Christie’s “does not limit the return” of the bronzes. According to the terms of sale stated in Christie’s brochure, it’s “the buyer’s sole responsibility to obtain any relevant export or import license. The denial of license or the delay in obtaining licenses” don’t justify the rescission of sale.

China isn’t the only nation trying to repatriate lost treasures, said He Shuzhong, founder of Beijing Cultural Heritage Protection Center, a nongovernmental organization.

Last week, the Indian government said it facilitated the return of independence leader Mahatma Gandhi’s personal effects from a New York auction after the Indian public decried the sale. Indian liquor magnate Vijay Mallya paid $2.1 million for the items, which included Gandhi’s glasses, sandals and pocket watch.

Bounds of Law

Retrieving the items should be done in a calm way that is within the bounds of law and respectable conduct, said He. Rash actions in the name of patriotism would backfire, he said.

Art-auction defaults aren’t new. In 1987, Australian businessman Alan Bond bid a record $53.9 million at Sotheby’s New York for Vincent van Gogh’s “Irises,” then a record price for any work of art, and couldn’t pay for it. The painting had to be resold.

In September last year, Sotheby’s sued Cnet Inc. founder Halsey Minor to recover $16.8 million that the auction house said it’s owed for three pieces he bought at sales. Later that month, Minor sued Sotheby’s for not disclosing that the consignor of a painting he bought owes the auction house money.

The default on the bronzes purchase raises the question of how well auction houses perform their due diligence and whose interest they represent. Christie’s brochure states it “acts as agent for the seller.”

Auction houses make most of their commission from buyers, who pay up to 25 percent of the hammer price on their purchases, as they lower or waive commission for sellers to secure the right to represent the most valuable collections.

European Auction

The dispute marred the most successful auction in Europe, with 373.9 million euros raised and 96 percent of lots sold including the bronzes. Cai’s winning bid totaled 31.5 million euros, including Christie’s 3.5 million-euro commission.

In Cai’s 2,000-square-foot office, hydraulic-powered mahogany doors opened to reveal a sanctum lined with ceramics and Buddhas dating back as far back as the 14th century.

He swiped his wallet across a section of wall embedded with an electronic lock and a secret stairway appeared, leading to an underground showroom with hundreds of antiques.

Cai said that, fearing for his reputation, he’s canceling Xinhe’s spring sale, which tallied 47.4 million yuan last year, one of the Fujian province’s biggest. The fall sale may also be called off.

If he could do it again, Cai isn’t sure he would bid for the bronzes.

“No one (in the government) knew what I was doing,” said Cai. “Even if they knew, they wouldn’t look for me. Why should I help? I am not on their payroll.”

He said he’s now trying to pick up the pieces of his life. If he ends his art-auction activity, Cai said he may focus on his real-estate and securities trading businesses.

“When I turn on my cell phone and walk out of this place, I really don’t know what kind of life I will have,” he said.

To contact the writer on the story: Le-Min Lim in Hong Kong at lmlim@bloomberg.net

China conveniently forgets the provenance of ‘looted’ bronze heads

Hero or hooligan — opinions are divided on Cai Mingchao, the Chinese man who bid US$50-million for two bronze heads from the collection of fashion designer Yves Saint Laurent, but then announced he had no intention of paying for them. The Qing dynasty sculptures of a rat and a dog were looted by British and French troops from the old imperial Summer Palace near Beijing more than 150 years ago.

China says its feelings were “hurt” by the sale, but it’s arguable British and French feelings were also hurt by the incident that preceded the looting.

First, though, Cai and his “patriotic” stand. In a story carried on the front page of The China Daily, he put the loftiest spin on his actions: “The auction negated the history that the cultural relics were looted, defied the ethics of international society, and breached the rules of commercial auctions,” he said. An online survey conducted by sina.com.cn, a Chinese government-run Web site, also showed more than 70% of the netizens support Cai’s action for he had safeguarded China’s interests.

As the BBC noted, another commentator, writing in the Beijing News, also lavished praise on the bogus bidder. “Cai Mingchao’s bid was a patriotic political act to strike back at an illegal auction,” said Wang Zhanyang, a professor at the Central Socialist Academy. In a typical example of Chinese double-think, he added the art expert had not caused any trouble because the Chinese government did not recognize the legality of the sale.

Elsewhere, responses were less enthusiastic. According to Agence France-Presse, Liang Fafu, a blogger, said Cai had made the Chinese “look even worse on the international scene.”

“We come across as untrustworthy people, a bunch of con men. Who wants to deal with that kind of people in the future?”

Zhao Yu, a senior culture ministry official, told the Beijing Times Cai’s behaviour had done his compatriots no favour. “In overseas auctions… bidders usually need no deposit and simply rely on their reputation,” he said. “The fact that Cai Mingchao has gone back on his word in reality means he has undermined the credibility enjoyed by Chinese people at large international auctions.”

His muted response also has something to do with the provenance of the heads themselves. As Richard Spencer, The Daily Telegraph’s correspondent in Beijing, explains in his blog, “State media, while particularly sensitive to the European insult, are often rather careful to avoid hyping these items up as examples of high Chinese culture: for good reason, as they are not really Chinese, and the whole story of the fountain of which they are part is shrouded in ambiguity.”

It’s also worth recalling how the heads came to be in western hands in the first place. It’s not as if the British and French woke up one day and decided to launch an expedition to loot the Yuanming Yuan. Rather they were responding to an atrocity perpetrated by the emperor Xianfeng — the torture of two western envoys sent under a flag of truce to negotiate, and the murder of most of their small escort of British, French and Indian troopers.

As Geremie Barmé writes in his history of the palace, The Garden of Perfect Brightness, A Life in Ruins (link through Spencer blog), “In the autumn of 1860, a delegation of English and French negotiators were despatched to Peking to exchange treaties with the Chinese court following a peace settlement that had been forced on Peking …

“After numerous prevarications, bluffs and acts of deception on the part of the Qing Court, the emissaries of the emperor … detained 39 members of the delegation. They were imprisoned in the Yuan Ming Yuan, used as hostages in the negotiations with the foreign powers, and subsequently tortured. Of their number 18 died and, when their bodies were eventually returned to the Allied forces in October, 1860, even the liberal use of lime in their coffins could not conceal the fact that they had suffered horribly before expiring.”

In giving the order to loot the palace, Lord Elgin, the British high commissioner to China, wanted to punish the emperor and his officials, not his people. Memory of this part of the proceedings has faded from Chinese consciousness, Barmé goes on.

“Although without doubt an act of wanton barbarism, it is revealing that in popular Mainland Chinese accounts of the sackings of the palaces available to readers since the 1980s, one is hard pressed to find any mention of the atrocities committed by the Qing negotiators that led to this final act of vandalism. Nor in these popular histories are there detailed descriptions of the sly manipulations of the Qing Court in the tense days leading up to the sacking.”

National Post

awordsworth@nationalpost.com

http://network.nationalpost.com/

This content comes from The specialists guide to Chinese antiques. located at http://www.antique-chinese-furniture.com/blog/ For more articles please visit The specialists guide to Chinese antiques. - A unique insiders peek at the world of Chinese antiques & reproductions, Asian culture, exotic decor and oriental-inspired design from the far east. Everything you ever wanted to know!

Smuggled out just 4 years ago, a rare Tang Dynasty sarcophagus returns to China

Roger — Fri, 18 Jun 2010 14:46:50 +0000

No wonder customs is so difficult when it comes to exporting antique stone these days…..

The return of a smuggled Tang Dynasty (AD 618 – 907) sarcophagus from the United States to China may serve as a good example for international collaboration to curb the rampant pillaging and smuggling of treasures, researchers have said.

The 27-ton stone coffin of Tang empress Wu Huifei (AD 699-737) arrived at the Shaanxi History Museum on Thursday, four years after it was smuggled out of the country.

The sarcophagus is 4 meters long, 2 meters wide and 2 meters high. It features flowers and maiden figures in relief. Robbers stole it from Wu’s tomb in the southern suburbs of Xi’an, capital of Shaanxi province, in 2006.

“It is a rare cultural relic with high scientific, historical and artistic value,” said Liu Daiyun, director of the research department of the Shaanxi provincial archaeological research institute.

Xi’an police found out about the sarcophagus in February 2006 during an investigation over a tomb robbery. They seized a computer containing a number of its pictures in a suspect’s house and local archaeologists soon identified the relic’s origin.

After two years of investigations, police discovered the sarcophagus had been smuggled out of China and sold to a businessman in the US for $1 million, police sources said.

“We contacted the businessman through mediators and told him we had to get the relic back. If necessary, we would seek help from Interpol,” said Han Yulin, head officer of the heritage investigation team of Xi’an’s public security bureau.

“After three rounds of negotiations, he agreed to return the relic to China unconditionally.”

The sarcophagus was shipped back on March 16 from Virginia and arrived in Guangzhou, capital of Guangdong province, on April 17.

“Although this is not the first time smuggled antiques have been returned through legal means, it is still encouraging,” said Tan Ping, head of the museum and cultural relics department of the State Administration of Cultural Heritage (SACH).

The pillaging of Chinese antiques is a serious problem in China. Chinese art analysts have blamed a thriving global market for the relics as the reason behind widespread tomb robberies.

“Pillaging at archaeological sites and smuggling of relics have become rampant in recent years,” SACH deputy director Tong Mingkang said last Saturday, which was China’s Cultural Heritage Day.

Driven by high profits, a number of people have put numerous looted and smuggled Chinese artifacts on sale in foreign countries, Tong said.

Foreign museums have a collection of about “1.64 million Chinese relics”, Tan said, adding that it was impossible to provide an exact figure for those relics in the hands of private collectors.

SACH has reiterated its objection to any auction or purchase of smuggled Chinese cultural relics.

Tan said China continues to seek the return of its looted relics through “legal or diplomatic means”.

To that effect, the country has reached agreements with 11 countries including Peru, India, Italy and the US to impose import restrictions on relics.

These restrictions will reduce the economic incentive behind the pillaging, said Professor Li Boqian, an archaeologist at Peking University.

“If looters cannot send the items to buyers in the United States or other foreign countries, they are less likely to risk raiding an archaeological site,” Li said.

The professor also stressed the importance of local police efforts in fighting the problem.

“Xi’an police set a good example by keeping a close eye on the looting of antiques,” Li said.

China has retrieved nearly 4,000 antiques through legal and diplomatic means since 1998, SACH archives showed.

Original article: http://english.cri.cn/6909/2010/06/18/189s577412.htm

State Administration of Cultural Heritage (SACH): http://www.sach.gov.cn/

Shaanxi History Museum: http://www.sxhm.com/

唐贞顺皇后石椁移交仪式在我馆隆重举行

本网讯：2010年6月17日14点30分，唐贞顺皇后敬陵被盗石椁的交接仪式在我馆隆重举行。景俊海副省长、陕西省公安厅、陕西省文物局、西安市公安局、西安海关、陕西出入境检验检疫局等相关单位的领导出席移交仪式，CCTV-新闻频道进行现场直播。中央电视台从17日上午7时30分起分别在各档新闻节目中进行滚动报道，引起了社会各界的高度关注。新华社、人民日报、文汇报、陕西电视台、华商报等二十多家媒体蜂拥而至，进行了详细的采访和报道。

该石椁于2005年被盗，流失海外达五年之久，重归故里实属不易。2006年元月，西安市公安局破获以杨彬为首的特大盗掘走私文物案，经审查，犯罪分子供认2004年6月至2005年5月，对位于西安市长安区大兆乡庞留村的一座唐代墓葬实施盗掘，墓内石椁已被走私出境。为了抢救保护劫后余存的文物，经陕西省文物局批准，陕西省考古研究院、陕西历史博物馆、长安区文物局联合组队对该墓进行了抢救性发掘。根据墓葬形制和出土文物，确认该墓为唐贞顺皇后敬陵。并发掘出土石椁残件，为之后石椁的追索提供了重要的证据。

几年来，西安警方不懈努力，积极追索流失文物。2009年警方通过特情获悉，石椁已被美国某古董商购买。经反复联系沟通，古董商表示愿意派代表与我们谈判，约定于2009年12月29日在香港,与其代表人迈克见面，洽谈石椁的归还问题。事情取得了重要进展，我们立即向上级领导汇报，引起领导的高度重视，决定由西安市公安局刑侦局胡家华政委、李浩处长、韩清龙大队长和我馆程旭副馆长、文物征集处师小群处长组成追索文物谈判小组，赴港与对方谈判。在谈判中，我们就文物的所有权、涉案性质、追索归还等原则问题阐明了立场，美方代表则对法律责任、归还方式等问题有所顾虑。虽然没有达成实质性协议，但美方表达了愿意与中国警方和博物馆合作的意向，并表示尽力说服其委托人把石椁归还中国。最终美方买家同意将石椁无条件归还并交与博物馆。

在文物追索、谈判、接收过程中，陕西省文物局赵荣局长、郭宪曾副局长及相关处室高度重视，多次召开协调会，部署、指导各项工作，使石椁的回归、安置和展示有序进行。

2010年3月7日，石椁从美国弗吉尼亚州启运， 4月17日抵达中国广州。我馆文物征集处和西安市公安局刑侦局办理石椁入境、通关及查验等相关手续，并专程前往广州接运文物。于4月29日晚安全运抵我馆。

石椁回归后，文物征集处负责组装石椁，在后勤处、保卫处、陈列部、资料室、宣教部、保管部、创优办等多个兄弟部门的密切配合下，经过一个多月的紧张施工，石椁的保护、修复、安装及展示等工作顺利进行。在石椁安装期间，馆领导多次亲临工作现场指导安装工作、慰问工作人员，确保了安装工作的顺利完成。至此，被盗出境，漂泊美国四年的唐贞顺皇后敬陵石椁，终于在我馆与西安警方的共同努力下回归故土。

这是我馆首次征集的海外流失文物，也是我馆馆藏文物中体量最大的一件唐代文物珍品，为我省文物保护事业做出的重要贡献。

在移交仪式上，西安市公安局副局长肖西亮介绍案情和追索过程，陕西省文物鉴定委员会负责人呼林贵宣读鉴定结论及介绍石椁历史价值，省公安厅副厅长马中林、陕西历史博物馆馆长成建正签署了移交证书，陕西历史博物馆党委书记冯庚武致辞，对省委、省政府、省文物局领导的重视与支持，西安警方、海关、出入境检验检疫等相关部门的密切配合表示感谢。出席交接仪式的副省长景俊海指出，此次文物回归，表明陕西公安、文物联合保护文物的机制是有效的、有力的，我们有能力保护好陕西丰富的文物资源。他希望公安机关和文物部门继续紧密配合，打防结合，建立新的文物保护机制，确保文物安全，打击盗窃、盗掘、走私、非法倒卖文物等犯罪行为。同时，对追回来的文物进行修复展示，发挥其应有的作用。

移交仪式结束后，西安市公安局刑侦局局长孙建华、副局长曹楠华、西安市公安局刑侦局韩清龙、陕西省文物鉴定专家呼林贵、我馆文物征集处师小群接受了媒体的采访。（馆文物征集处）

http://www.sxhm.com/www/bgscn.asp?ID=5796

Working with a freight forwarder specializing in furniture packing and shipping

Roger — Mon, 16 Mar 2009 16:09:30 +0000

If you are in an antiques, furniture, or any other import related business, then the packing and shipping of your goods will be a crucial logistical detail which should not easily be overlooked. Since many buyers are unable to maintain a permanent office in China, and surely not individual buyers purchasing for their homes, they logically often turn to third-party packing agents to fill this void. Yet, packing and crating can determine if your item arrives without a scratch or rather in several pieces. Ocean Shipping might be a short direct hop across seas or turn out to be a long delayed drawn out journey through canals and via detours. And even short term warehousing might mean either brief storage or long term loss of your product in someone else’s warehouse.

“A main issue, is with customers understanding of these providers scope of business (and their capabilities) – with the most common misconception being that these companies will take responsibility for getting your products picked up, packed and shipped out in good condition”

A read on ACF’s China’s furniture industry blog of the post entitled, “Using a consolidator for international shipping, freight, packing and inspection of antique furniture” talks at length about what to expect, what to look out for.

Shanghai Trade Show: Antique Furniture China 2009

Roger — Thu, 05 Feb 2009 17:29:17 +0000

http://www.antiquefurniturefair.com/

Showdates：

May 15-18,2009

Venue：

Shanghai Exhibition Center （No.1000 Yan`an Road (Middle)Shanghai P.R.China

Approved by :

Shanghai Foreign Economic Relation & Trade Commission
Shanghai Cultural Administration Committee

Organizer：

Shanghai Antique Dealers Association
Shanghai Real Exhibition Service Co., Ltd.

Sponsors:

Shanghai Collection Association
Zhejiang Collection Association
Shanghai Zhongfu Curio Center
Shanghai Yunzhou Curio Center
Shanghai Friendship Department Store
ShenZhen Curio Center
Shanghai Curio & Artworks Almanac Edition Commission
“Art & Collection “(Magazine)
www.online.sh.cn

Exhibits Range:

All kinds of Asia antiques & fine Arts,, Western antiques & fine Arts, lacquers, jade, porcelain, silverware, jewelry, clocks, oil-painting, carpets, stone carvings, western furniture, traditional tea & tea culture wares, snuff pots, copper carvings, Tanka, figure of Buddha, embroidery，ename

Guide to buying Chinese Antiques on eBay

Roger — Mon, 19 Jan 2009 14:55:52 +0000

The Brutal Truth about Buying Chinese Antiques on eBay

This is a great little guide from an ebay seller who goes by the screen name of loveshackbaybee. Its fairly comprehensive and worth a reprint here. Well written, very candid and overall good advice for the masses looking to pick up that “authentic Qing Dynasty vase at a great price!” I added some screen shots as well of some so called “authentic Asian antiques” which are currently on offer on ebay.

As long time collectors of Asian art, we have purchased many authentic and truly remarkable Chinese antiques on eBay. You can too. But fair warning – you need to really understand how this fraud riddled business works – or you will most certainly be ripped off.

Here is a summary of years of hard learned experience.FACT # 1 – EXPORTATION OF GENUINE ANTIQUES FROM CHINA IS TIGHTLY CONTROLLED.

It is highly illegal for sellers based in the Peoples Republic of China, Hong Kong, or Taiwan Republic of China, to export very old Chinese antiques out of their respective countries. These countries have enacted strict Cultural Preservation laws designed to keep their national heritage at home.

In the Peoples Republic of China, exporting anything earlier than 1796 (the end of the reign of Emperor Qianlong) is strictly forbidden. Items dating from 1797 to 1949 must be inspected for approval, and most often Imperial or other culturally important pieces are prohibited from exportation. In Taiwan, anything 100 years or older cannot be exported. In the Peoples Republic of China, the penalties for smuggling “Cultural Relics” are severe. Lengthy imprisonment, and even in serious cases execution. The Government of the Peoples Republic of China doesn’t fool around -they execute grave robbers. This is well documented – look it up on the internet.

Some common, lower quality antique items are legally exported from China, and bear a red wax inspection seal, a so called “jianding”. You see these seals occasionally on items from western sellers. These seals are found on genuine antique items sold at official government “Friendship Stores”. Tourists can also request inspection of items that they find locally, and if compliant, Chinese Customs will affix a seal to them. There are several versions and forms of these seals. All the seal means is that the piece was inspected by some Chinese government official and was found to be in accordance with the antiquities exportation laws. It is possible to obtain a seal for a brand new fake. Remember – seals alone are no guarantee that the advertised age of item is accurate as the seals do not authenticate the piece.

Hong Kong was the gateway to the west and served as an important trade center for Asian antiques for many years. When rule reverted to China in 1997, many of the free and open trading practices were curtailed and selective enforcement of Cultural Relics regulations began. Although some HK dealers claim they are still allowed free trade, it may be safest to assume that Hong Kong dealers now fall under the same Cultural Relics laws as those in Beijing. Do business with HK dealers at your own risk.

Tibet is part of China, and the same rules apply there too.

Can you imagine any official Chinese Museum or other legitimate Chinese business issuing “Certificates of Authenticity” for the export of very old and very valuable antiques? There are plenty of them on eBay! Complete with snazzy photos, lots of bogus Chinese text, and official looking stamped seals! Some people are actually paying thousands of dollars for fake pieces from these scammers, and leaving glowing feedback. Don’t fall for this pathetic scam.

FACT #2 – THERE IS A HUGE DEMAND FOR GENUINE CHINESE ANTIQUES INSIDE CHINA.

The market for genuine Chinese antiques in China is much hotter there than anywhere else in the world. China has many new auction houses that do a booming business selling genuine Chinese antiques to the nouveaux riche Chinese businessmen. It is a well known fact that world record prices for Chinese antiques are being set in auctions taking place in China. American and European auction prices for equivalent articles are substantially lower than typical prices achieved in China. That’s why Sotheby’s and Christies are so hot to get a piece of the action, and have established a HK presence. If a China based antique dealer acquires a valuable piece, he or she would sell it inside China, legally, for a lot of money. Why on earth would they want to sell it cheap on eBay, to a foreign buyer, and take the chance of imprisonment?

We collect certain types of Chinese antiques – specifically carved lacquer, or Cinnabar. We have an extensive library of carved lacquer reference books, and a large collection of genuine pieces – many of them found on eBay. We look at every single listing for carved lacquer, and have looked at every listing for many years now. We have NEVER seen a genuine antique carved lacquer piece offered by any China based dealer. Not once. And we have looked at countless thousands of listings.

FACT #3 – MOST CHINESE ANTIQUES LISTED ON EBAY ARE MODERN FAKES.

The overwhelming majority, maybe 90% or more, of all Chinese “antique” items listed on eBay (regardless of the source) are not antique – they are modern reproductions. Or tacky fantasy creations – like these horrid examples currently appearing to the right of this guide! ————–>

Some reproductions are beautiful, and undoubtedly require skilled artistic abilities. But heads up – you are buying a worthless modern decorative piece. If you like the piece, that’s great. If you keep it long enough it will be an antique some day!
FACT #4 – BEWARE OF IMPORTED FAKES FROM WESTERN DEALERS.

There are several large “Chinese Antique Dealers” out there who live in the USA, or Canada, or UK. They seem to have the same stuff as advertised by their mainland brothers, but they proudly display “USA DEALER”, or “UK DEALER”, or similar. This does not mean that these items are genuine. This means that these con artists import their modern junk, and sell it from a western country to an unsuspecting dupe who lives in a western country. Apparently, there is no shortage of dupes!

Some of these western scammers claim to have current antique sources inside remote villages in China, or they have personally collected large quantities of pieces and moved them offshore prior to the enactment of the export laws. (The laws have been in effect since 1982, and have further tightened up over the last few years.) This is pure nonsense.

Some western sellers appear from nowhere offering batches of 20-50 high end Chinese antique items from an “estate” they are liquidating. Great pictures. All fakes. We call these “hit and run” dealers.

FACT #5 – MOST SCAMMERS HAVE GREAT FEEDBACK!

Good feedback ratings on these western con artists do not mean that they are selling real antiques The types of customers who buy junk from these scam artists are mostly low feedback novices. They are all too happy to leave excellent feedback for their “genuine Ming Dynasty jade dragon pendant”, or whatever piece of junk they just blew $100 on. They wouldn’t know a real antique piece from a fake – so how reliable is their feedback? There are dealers out there who have thousands of sales and better than 99% positive feedback who have never sold a genuine piece their entire life.

What’s one common tactic used by almost all these scammers? “USER ID KEPT PRIVATE”. When you see this, hit the back arrow key. This is most often used not to protect a buyer’s privacy, but to protect the scammer’s sales. This is used so you can’t look at the seller’s negative feedback, look at an actual item and say “Hey, that buyer WAS right. This WAS a fake.” There are several dozen dealers out there that if eBay rules allowed us, we’d simply post their IDs and tell you to avoid them like the plague. Unfortunately, we can’t do that – you’ll just have to figure out who these crooks are yourself.

FACT #6 – LOOK IN THE USA, CANADA, JAPAN & EUROPE FOR THE REAL PIECES.

There are not that many good, undiscovered antiques left floating around in China. Surprise. This is difficult to believe, but true. An ancient and large country like China should be teeming with antiques, right? Wrong. The good ones have mostly been looted and taken out of China over the years (by a succession of foreign interventions and wars), voluntarily sold to westerners or Japanese collectors years ago, destroyed during the Cultural Revolution in the 1970’s, put into public museums, or bought by wealthy dealers and/or private collectors living in China. If you want to find good Chinese antiques on eBay, do what the China based collectors do – look in the USA, Canada, Japan and Europe! If you find yourself bidding against a person living in China or Taiwan, bingo – you’ve probably found a real piece! But be forewarned, most of the China based collectors are actually dealers, and they have a lot of money. You might be in for a bit of a bidding war. Some of these dealers ALWAYS seem to win their auctions, so we suspect the market is so hot in China they know they can buy expensive and still sell pieces at a premium price.

Sort your listings by country, and pay attention to those NOT in China. Then, look at the Chinese listings – this will show you what kind of fakes are currently hitting the market. Keep an eye out for these bogus items appearing from western sellers – they will show up sooner or later.

FACT #7 – YOU MUST KNOW WHAT YOU ARE LOOKING AT.

If you do not know what you are looking at, you stand an overwhelming chance of buying a fake. Want to collect snuff bottles? Great. Buy a couple of books and study the subject. Then you will start to develop an eye for what is real and what isn’t. Buying something because it looks cool will not guarantee that it is genuine. Read. Study. Learn. Browse the Asianart and Gotheborg boards. You will still make mistakes occasionally (we do), but less and less. When you do buy a fake, try to get your money back as quickly as you can. If you get stung, that’s called your “tuition fees”. You will pay some.

FACT #8 – MOST LEGITIMATE SELLERS DO NOT KNOW MUCH ABOUT GENUINE CHINESE ANTIQUES.

When it comes to Chinese antiques, many sellers know next to nothing about what they have. They are not experts in Asian arts. Don’t take their age estimates, descriptions, stories about where the piece came from, etc. seriously. They’re guessing. Educate yourself and trust your own opinion. Listings with lengthy history lessons are virtually guaranteed to be bogus! Beware fuzzy photographs – ask the seller to email better ones. Occasionally you will find some sellers who know EXACTLY what they have. You will probably not get any “great deals” from these people, because they also know exactly what it is worth. But “great deal” is relative. It may seem expensive to you, but if it is truly valuable, it is probably selling for a price way less than Sotheby’s or a major art dealer. Of course, ignorant or greedy sellers often price items way beyond what they are worth, so look out for these too. Interestingly, pieces which are grossly overpriced are usually described generically – like “old oriental vase”. Sellers have no idea what they have, but darn it, it sure looks valuable to them – so they want a lot of money for it! We find the combination of ignorance and greed very entertaining.

FACT #9 – ITEM DESCRIPTIONS ARE PROBABLY INCORRECT.

If the item description says Qing, Ming, Song, Yuan, Tang etc. – it probably isn’t! (But then again, we have seen some rare few pieces from all these periods selling on eBay, so you never know…) Same thing for TIBET, JADE, IVORY, SILVER, CINNABAR. Fake city – you better know your stuff. An eBay search on the two keywords TIBET and JADE brings up over 3,500 listings – every single one is a fake. Try it yourself!

FACT #10 – BEWARE THE INTERNET-ONLY SCAMMERS.

Avoid buying “antiques” from any dealer that has a name that sounds like a Chinese restaurant! Basically, endless combinations of dragon, golden, lotus, Tibet, jade, lucky, etc. Also, any dealer with the word “museum” in its name is suspect. With very few exceptions, most of these dealers are internet only scam artists. Think about one thing – where can ANY dealer get real pieces to offer for sale? All legitimate dealers need a source for genunie antiques! Legitimate dealers find them in estate sales or they are a brick and mortar shop. If they find them in estate sales, the supply is naturally limited. They won’t have access to hundreds of pieces – just a couple here and there. Legitimate brick and mortar dealers can usually be identified by doing some internet sleuthing as they must have a life beyond eBay. Everyone else is just an internet only scammer.

A FEW THOUGHTS ABOUT SMUGGLING

Are some real antique pieces being smuggled out of China? Yes, undoubtedly. We’ve heard from some Jade collectors that sometimes villagers will rob graves, and, because their activities are illegal, they will secretly sell pieces to smugglers who get them out of the country clandestinely. We suspect that the majority of these looted pieces will end up in South East Asia in the hands of big money collectors and dealers – not the type of individuals who will post them cheaply on eBay. Even if smuggled pieces were being dumped on eBay, is this the kind of shady business you want to support?

Sad to say, there appear to be many western Jade collectors who are absolutely convinced that large quantities of authentic Hongshan Period (3,500-2,000BC) jades are making their way from China to eBay. They gobble up archaic looking jades from China based dealers in the vain hope that somehow, among all the fakes, they will find an authentic artifact. They purchase high precision electronic scales, hardness testing tools, and all sorts of equipment to assist in their authentication process. Then they post their results on internet forums and endlessly debate each other about tool marks, burial calcification patterns, etc. ad nauseum. Our opinion is that these well intentioned folks are simply wishful thinkers looking for a lottery win - but the game has already been fixed. They may be very knowledgeable about their subject matter (much more than we are – we know very little about Jade), but they seem to be totally oblivious to the legal and economic realities of the fake antiquities trade in China.

SOUTH-EAST ASIA – TREASURE TROVE OR SNAKE PIT?

Increasingly, sellers from Indonesia, Singapore, the Philippines, etc. are showing up on eBay and listing large quantities of “valuable” Chinese artifacts – mostly porcelain. Real? Well, all these countries DO have large ethnic Chinese populations, and Chinese trade was conducted with them for many centuries. Well publicized ancient Chinese shipwrecks were discovered and harvested through out South East Asia, and many countries do not have restrictive antique export laws… So, theoretically, they can be legitimate sources for Chinese antiques.

Now for the bad news. Scammers in these countries are firing up their local kilns and manufacturing fake Chinese ceramics by the boatloads. Usually copies of valuable Song era pieces. Some popular internet Asian art forums are being used as test grounds for their forgeries. The scammers post their fakes, and solicit feedback from knowledgeable westerners – looking for ways to improve their wares.

As recovered shipwreck cargo has verified, most genuine items from South East Asia are likely to be common export tableware – so called “kitchen Ming” or “kitchen Qing”. These were produced in huge quantities in south China’s Fujian province, and exported extensively.

Whether you should consider a South East Asian dealer as a reliable source is entirely up to your comfort in authenticating the piece. In our opinion, the vast majority of these dealers are scammers, and we would not consider purchasing anything from these countries unless it was part of a well publicized and VERIFIABLE shipwreck recovery.

SO WHAT SORTS OF REAL CHINESE ANTIQUES CAN YOU FIND ON EBAY?

You will mostly find late 19th century to early 20th century export quality items. These can be recognized because they are generally marked with a CHINA country of origin marking. They are not very high quality or particularly valuable, but they are authentic and a great place to begin your collecting.

Then you will find some rare, but damaged pieces. These are often overpriced, so be careful. A little natural shelf wear is expected and in fact is a good indicator of authenticity, but significant damage or restoration really hammers the true value of the piece - so be careful you don’t overvalue it in your mind. This damage devaluation depends a lot on the type of antique. Porcelain can loose up to 90% of it’s value with simple chips or hairline cracks. Rare Chinese cloisonne can tolerate a few minor chips without affecting value – same thing for lacquer and Canton Enamel. Each area of collection has it’s own standards.

Occasionally some of the larger legitimate dealers will have significant numbers of good quality pieces from major estate sales or private collections. These used to be commonly auctioned on eBay Live Auctions. But as of Jan 1 2009, this venue was no longer active. In our opinion, the quantity of higher end antique Chinese pieces on eBay has dropped dramatically as sellers shifted to alternative venues such as Artfact.com live auctions, and the percentage of fakes has increased.

HOW DO YOU AUTHENTICATE PIECES?

Once you have found something that looks interesting, the next step is to try to authenticate it.

Step #1 – Check out the dealer first! Start by checking all negative feedback for the seller, specifically looking for complaints of fakes and forgeries.
There are external websites that allow you to look at any seller’s old and removed eBay feedback – find them through Google. Even a couple of suspicious negatives in a sea of positive reviews are big red flags. Not proof, but warnings to look carefully. Even positive feedback can contain hidden warnings – like “not as old as advertised”, “different from photograph”, “shipped from China” “honorable seller, quick refund” etc – these scream FAKE. If you are more familiar with certain types of antiques, say for instance cloisonne, then carefully look at any cloisonne pieces sold by this dealer. Do they look legitimate to you? If they don’t, forget this dealer and move on. In our opinion, the dealers that sell fakes generally sell nothing but fakes – so it’s a one rotten apple spoils the barrel type of argument.

Step #2 – Compare to known good examples. The internet has many sources for helping you authenticate pieces. Start by looking at other eBay listings for similar items. Then look at eBay completed auctions and try to identify if the piece is a mass-produced copy. Do a Google image search describing the piece, and look at any museum examples that might pop up. Do a Google product search and find out what similar pieces are being sold by antique dealers, or importers of modern curios. Sign up for free accounts on Artfact.com and Sothebys.com, and search their completed auctions to find similar pieces. If you are going to do this often, sign up for an account on Gotheborg.com. Scan the Asianart.com forum for postings about similar objects. Try to acquire a library of good reference books and auction catalogs with lots of photos and descriptions. Some auction houses, like I.M. Chait, allow you to search their completed auction listings. Same thing for Liveauctioneers.

Step#3 – Beware of the red flags! Look out for unusually heavy pieces, as this may mean molded resin. Look out for air bubbles (signs that a piece was molded) in pieces that are supposed to be carved. Look for tiny knife nicks on carved items – there should be some. Ask the seller for better photos of areas that are damaged, or should show signs of shelf wear – like foot rims and bases. Mint condition often means made yesterday! Be suspicious of heavy corrosion on metalware pieces like bronzes and cloisonne – these are usually signs of chemical distressing, not real age. Large reign marks are often suspicious – many genuine pieces were unmarked. Look out for suspiciously dirty pieces – dirt does not necessarily mean age – especially for pieces that are easy to keep clean, like porcelain. Speaking about porcelain, good luck! It takes YEARS to become modestly proficient in authenticating Chinese porcelain. You will have to learn all about Chinese history, shapes, enamel colors, painting styles and techniques, glazes, kiln techniques, foot rims, marks and calligraphy, etc. Old wood darkens with age – learn how to recognize true aging from artificial coatings.Understand that real silver pieces are almost always hallmarked, and these marks are extensively cataloged to aid in authentication. Knowing just a little bit about each of these areas will help a lot.

A SPECIAL WARNING ABOUT IVORY

As of Jan 1, 2009 trading of IVORY was no longer allowed on eBay, but we leave this in just for reference.

Interested in ivory? Wow. What a cesspool of potential problems. In addition to there being many fake ivories to contend with, ivory is a highly regulated commodity that can land you in huge trouble with local law enforcement if you do not understand and comply with the international CITES regulations, and local laws. If you are unfamiliar with the CITES regulations, you have no business even THINKING about buying any antique ivory artifact. There is a very good eBay UK guide to ivory by member argento_glitter that discusses the legal pitfalls of trading in this controlled commodity – start there. The bottom line is that all ivory transactions need to conform to the world-wide endangered species laws, and all items need to be genuinely old (pre 1949) and accompanied with proper CITES conformity paperwork which includes valid provenance proving the article is pre-ban.

WHAT ABOUT THE HIGH QUALITY FORGERIES?
There is big money in fencing high end master forgeries. These pieces are exquisite, and even experts are often fooled. These forgeries have made their way into the best of dealers, museums, noteworthy collections and the high end auction circuit – so there is no reason to believe eBay is immune. These are the pieces that are most troublesome to serious collectors, because skilled forgers go to painstaking lengths to create their dark art. Buying one of these means loosing thousands of dollars to what is essentially criminal fraud – not something many of us can afford to do.

Thinking about buying an expensive, very rare high-end piece from one of those high profile “boutique” Asian Art dealers on eBay? Not for the timid, and certainly not for the novice. Try to find out as much as you can about the dealer. Find out if they have a street address that’s an actual storefront – or are they running this as an internet only business. Ask them where they get their pieces from, and if the piece has any valid provenance. Google the dealer name along with the keywords “fake” and “forgery” just to see what dirt comes up. Since some of the most active collectors with the biggest money live in China and Taiwan – look through the dealer’s feedback to see if they have ever sold pieces to these legitimate Chinese buyers. If not, why not? Verify the dealer’s no-questions-asked return policy and get the piece authenticated, from multiple sources, as soon as you get your hands on it. Then authenticate it again.

Guarantees of authenticity are great – but make sure you really understand what “authentication” hoops the dealer will force you to jump through before they will accept any returns. Unless you live in a major city, getting access and cooperation from Asian Art specialists from the Major Auction Houses, or major Museum curators is not going to be easy. Even then, it’s not going to be trivial to get them to write an official opinion. Remember, TL (Thermoluminescence) age testing from Oxford Laboratories costs at least $500 – if you need to do it, you need to eat the cost of the test.

We’re not pointing fingers at anyone, but sadly, there’s just too much fraud in this business to trust or rely on anyone. When the stakes get higher, you have to increase your due diligence.

HOW MUCH SHOULD YOU BID?

If you are absolutely wild about a particular piece and must have it at any cost, bid 3 times more than you think you will ever need.

But we prefer to acquire pieces at a wise price – a price that will allow us to get our money back, or occasionally make a modest profit, when we decide to sell them again. The thing about collecting Chinese antiques is that what you find appealing when you first start collecting is not what you will want after a few years. As you learn more and more, and see higher quality examples in the market, your taste will probably improve and you will gravitate towards those higher quality pieces. You will likely want to flip parts of your collection to re-invest in better pieces – and the secret is always to buy right in the first place.

As a rule of thumb, most authentic antique Chinese pieces on eBay will end up being a bargain – even after heavy bidding. But bear in mind that if prices start to approach major auction house prices, it’s time to stop bidding. Remember – when you buy a piece off eBay, you are buying something essentially without provenance. Provenance means provable history of ownership. (Forget about Certificates of Authenticity – they are not worth the paper they are printed on). Even if the item is authentic and rare, you will probably never be able to re-sell it through a major auction house or dealer, because they won’t even look at pieces without provenance. The major auction houses have been stung and embarrassed by clever fakes, so they are loathe accept pieces without provenance. That means some day you will have to re-sell it on eBay or through a minor auction house, and you will never get its real value with these venues. We stop bidding when a piece approaches 1/3 of a Sotheby’s type level – but that’s your call.

The question of “to snipe or not to snipe” comes up. Sometimes we do, sometimes we don’t. If we find a really rare piece that we want badly, we often bid big up front, and just wait to see if we get it or not. It kills you when you loose a bid by $10, but you’ve got to draw the line somewhere or you will end up making poor bidding decisions. More than once, we’ve had items mysteriously “withdrawn” – probably because the seller made an off-eBay deal – so getting a bid registered at least provides the seller with notice that someone is watching them. Probably doesn’t change a thing, but makes us feel better!

If we are bidding on a less valuable piece, we often snipe. Live by the snipe, die by the snipe: sometimes we get a fantastic deal, many more times we lose – but there’s always another piece on eBay just around the corner. Oh, and by the way, no serious bidder is going to fall for the trick of putting multiple high bids on a piece just to intimidate and discourage potential bidders. When we see 3 or 4 consecutive high bids on a piece from the same high bidder, that tells us THE BIDDER IS BLUFFING, and that doesn’t stop us one second. The true serious bidders often bid only once – and they bid high – seriously high.

Finding the hidden jewels can be very exciting. Sometimes you run across a valuable piece that has been totally mis-identified and mis-classified by a seller who didn’t have a clue what they had. Hot damn! But guess what? With 800 Million eBay users, you are NOT going to be the only one to find it! The serious collectors are always looking in unrelated categories, checking for mis-spellings, looking for generic descriptions, etc.
There may be fewer bidders, but valuable pieces still tend to draw the serious bidding action, no matter how messed up the listing is.
“ABANDON ALL HOPE – YE WHO ENTER HERE” ???

The odds are heavily stacked against you – and it’s going to get worse. The heydays of finding inexpensive rare Asian antiques on eBay are now behind us, never to return. But there are still some cool treasures out there – if you are smart enough to recognize them, wise enough to bid appropriately, and lucky enough to win. If you want to invest in quality decorative Asian art but are not prepared to battle this tsunami of fraud, consider collecting Japanese pieces as an alternative. Once you’ve recognized how to identify fake Chinese copies (it’s really not that hard to recognize fakes because the artistic quality is NEVER as good as the Japanese originals), your chances of finding authentic Japanese pieces are much, much better. Plus, dealing with the Japan based dealers is generally much safer. Generally, but not always… Good treasure hunting!
We hope that you learned something that will save you from wasting your money on junk. If you understand the basic rules we have just outlined, you are now more informed than thousands of naive eBay buyers who fall for this fraud weekly.

HERE’S A QUICK QUIZ TO SEE IF YOU GRADUATE!

How many Chinese Dehua blanc de chine porcelain statues are now being listed on eBay? The answer should be something over 100.
Now, how many are authentic antiques? None? Maybe one… maybe… Excellent!
Now, what about the Song Dynasty Geyao piece in our avatar? Bought it here on eBay. Real or Fake?

Real! We scored big. You can too! OK, you Graduate!

Guide to relic inspection certificates, customs documents and export requirements for antiques

Roger — Mon, 24 Nov 2008 07:36:24 +0000

“If I purchase a genuine antique while in China,
will I be able to export it back to my home country?”

The short answer is only if it is A) made after 1911 and more importantly B) not classified as Cultural property. According to the official Chinese law on the Protection of Cultural Relics, before an item may be exported (including items which have either been “passed down from former generations” or simply found/unearthed) it must meet the following criteria:

“They shall be those of which there are large numbers of replicas and which are overstocked.
They shall be those unearthed during archaeological excavation which, after the completion of the tasks of scientific research, are no longer in value for domestic preservation.
They shall be those which, in addition to satisfying the conditions set forth in items (1) and (2), are strictly below the third-class* (inclusive) as specified in the classified criteria of assessment for museums formulated by the State.
In assessing cultural relics to be exported, any objects whose authenticity is hard to determine at the moment or disputable shall not be exported for the time being so that the outflow of important cultural relics out of carelessness can be avoided.”

In practical terms, this means that:

That not all pieces are treated equally. Certain items will be considered more valuable to the countries heritage then others.
Some items may indeed be antique but are nevertheless seen as of little value (in the eyes of the Chinese authorities). Luckily, this tends to mean Chinese provincial antiques which most non-Chinese prefer.
When in doubt, play it safe if you are a customs inspector.
First and second class antiquities have a zero chance of being legally exported. One rule of thumb is, if it looks like it belongs in a museum, then either its a fake or you likely have major problems. Fortunately the majority of items foreigners purchase are reproductions, fakes or converted items.

(click to enlarge)

Beautiful Chinese country antique porcelain ginger jar with the original lid. Perfect condition.

Most likely exportable
without trouble.

(click to enlarge)

Classical cobalt blue porcelain bowl with original period mark on the bottom.

May have
problems exporting

Its important to note that, Chinese classical antiques are generally subject to increased scrutiny whereas Chinese country antiques tend to be much easier to export.


(click to enlarge)	(click to enlarge)
Beautiful Chinese country antique low “kang table” from Shanxi province Most likely exportable	Beautiful Chinese classical antique low “kang table” from Shanxi province May have problems exporting

Why is China so sensitive about this topic?
Other countries allow antique exports…

During the opium wars (Late Qing Dynasty 1839-1842), countless relics were looted, with many remaining outside of China today often showing up at places like Christies Auction House. The government today considers this to be daylight robbery. Then, between 1911 and 1945 before the founding of the PRC, antiques flowed from the Liuli Chang market in Beijing, where French, British, German and Jjapanese buyers frequented. In more recent times, during the disastrous period in Chinese history known as the cultural revolution, countless antiquities, furnitures, porcelains and works of art were looted and/or destroyed by the red guards. And even today, items are still frequently stolen from museums and ancient murals have been hacked away from grottos.

Artifact smuggling reached its peak during the 80ies and 90ies and though it has died down somewhat now, it still persists. For years Hong Kong’s famed strip of art and antique outlets on Hollywood Road has been ground zero for smuggled antiques. In fact, according to this article in the Taipei Times, some collector purchase antiquities as a way to way to launder money. China has stated its aim to reclaim as many of these items as possible and has even requested assistance from the United States under the Convention on Cultural Property Implementation Act (CPIA) though this request has yet to be addressed. Foreigners continue to get caught up in this as well, and according to the shanghai-based Oriental Morning Post, a 62 year old Japanese man was recently sentenced to life in prison for smuggling of antiques.

There are the domestic aspects at play here too. There is a Chinese saying which, (to paraphrase) translates roughly into “If you want to get rich, then start digging” which is probably why according to some estimates, 300,000 to 400,000 tombs have been raided in China in the last thirty years of “opening and reform.” Grave robbing remains a problem and Chinese peasants have been know to even use dynamite to get at artifacts. Unemployed peasants see not history, but rather cold hard cash. A case in 1996 in Fengcheng City of Jiangxi Province talks of 199 tombs looted by 187 different people. Even government workers themselves are sometimes in on the action, with a cultural relics official in Hebei Province by the name of Li Haitao being arrested and sentenced to death for theft of “first grade relics.”

Guangdong
Cultural Relics Bureau seal

Shanghai
Cultural Relics Bureau seal

Tianjin
Cultural Relics Bureau seal

For even more photos of customs marks, visit Gotheborg’s page dedicated to Jian ding approval seals.

Chinese authorities can take some small comfort, in knowing that non-Chinese artifacts in China are not always safe either as was the case with a precious Maori carving from Canterbury University which was stolen during a recent visit to Beijing. Nor can one miss a certain irony to all this, as China is said to be one of the biggest buyers of poached and smuggled ivory.

So how do I export the antiques I have purchased?

The antiques purchased or given as gifts in China should not be exported without the advanced declaration to the Customs and the assessment and export permit issued by the Committee of Cultural Relics Administration at the provincial level. When the antiques are to be shipped abroad, it is requested to present to the Customs the export permit stamped with sealing wax. (http://www.customs.gov.cn)

According to Chinese law, a relic certificate is required to export anything pre-1949. Items which are pre-1795 items which are not exportable at all. And more recently the government has announced it intends to push this date forward and ban exports of all antiques dating before 1911.** The first step is to determine if the item is considered a cultural relic and if so, how does it stack up against the criteria above. This is the purpose of the relic inspection.

Relic inspection, is the process in which individual items are inspected and cleared by a customs officer, before being either carried out in luggage or packed into the shipping container. If you have purchased antiques, antique looking restored furniture or any items that might be seen as old (If the item looks as if it could be real, even if it is fake or not is irrelevant – it still needs to be inspected), you must have a relic inspection performed and an antique export certificate issued by the Antiques and Relics Bureau prior to leaving the country. Otherwise your item could be confiscates at the airport or in the case of shipped items, your entire shipment may be detained by Customs for a thorough inspection at the port resulting to delay, demurrage and other additional fees.

This antique signboard was rejected by China customs
on multiple occasions over the period of a year and a half.

Depending many different factors, “Relic Inspection” can be either a necessity, a simple formality, or a major headache.. There is however, no hard and fast rule and customs agents can at any time delay a shipment. If the inspection is only cursory as is sometims the case, items may be give only brief glance before adding the “official” stamp – often in the form of a red wax seal imprint. For exporters and wholesales this is more frequently the case. If the pieces are permitted for export, a wax seal will be placed on each item, typically on the side, underbelly or the back. Typically this inspection is facilitated in part by the export agent and usually occurs on site before actual packing. For an individual, this may mean their home, whereas for a wholesaler this will occur in the warehouse. If you are a wholesaler, paperwork will often be prepared with minimal details to avoid red flags. The Certificate of Antiquity can also be used for import-tax reductions as in many countries, imports of antiques are tax free.

Note: do not remove this seal as it is the proof the items were inspected and approved for export.

A certificate of antiquity use by exporters

Generally the rule of thumb with customs is, the smaller the package the more strict they are with inspections and paperwork and the more time it takes to process. A full container is often easier to ship out then a small Fedex box with product samples. The most difficult is sometimes a sample, hand carried in your luggage. Though containers as well can sometimes be subjected to just as much scrutiny. A lot of this also depends on the type of antiques. Furniture for example, is often treated very differently then say porcelain or ceramics.Its also worth noting that since early 2008, customs seems to have gotten a lot more finicky and we have had trouble with items such as carved screens and old signboards. Some comfort can be taken in that many items foreigners believe to be genuine antiques are in fact fakes.

If you hand carryng items out via the airport or train, you will need to declare them.

The process has several purposes ranging from the opportunity to levy a fee to preventing cultural treasures from leaving the country in mass (IE items that are dated prior to 1795). Some have said that the whole term of relic inspection could be considered extremely ambiguous in that it is common in the industry to simply list all items as “antique.” Considering the cursory glance items are sometimes given during inspection, it would be difficult to accurately determine if an item is antique or not during the relic inspection. Maybe for this reason we have had brand new items confiscated – our guess is the inspector was either over zealous or maybe even simply liked them and wanted them for his home.

Therefore, it is important to understand that relic inspection in this regard, can accurately be described as “red tape.” Regardless of what any factory may tell you, it is impossible to export furniture from any major port in China without the pieces first undergoing some sort of “relic inspection.” “Not having a relic certificate is a huge risk. Customs can seize and search a whole shipment if a relic certificate is not in order.

What about bring in antiques into the country?

The key here is declaring them in advance and retaining all detailed paperwork.

If the consular post, its members and the accompanying spouse and underage children wish to bring in precious antiques, gold, silver and their artifacts that are prohibited or restricted from exporting by the Chinese laws and regulations, they must present a list thereof and declare to the Customs. With the original Customs declaration form, such articles will be released by the Customs when they are to be brought out of China later.

If you bring antiques into the country and plan to take them back out with you you will need to declare them on entry.

I would also recommends bringing additional documentation for future reference to be used when taking the items back out with you. Some suggestions might copies of your original purchase receipts, clear photos of the items outside China, before they were brought in. If the items are cleared on entry make sure to save all information including the date, who approved it and where it was approved. If they are not hand carried and brought in via container, make sure the items are specifically noted on your shipping documents. Seals and chopped documents will be much more useful then a few hand written notes.

Warning: If you really do own tang dynasty pottery, a 700 year old scroll painting or any other genuine antiquity, it is not advised to bring it into the China as it can be seized and Customs officials do regularly confiscate items at ports of entry and exit.

Useful numbers

For wholesale and container customers, ACF China will facilitate this process. On a case by case basis we can also assist individual buyers with arranging this as well.

Beijing Municipal Administration of cultural Heritage

http://english.bjww.gov.cn/
6401-4608
No.6 Jianguomennei Avenue, Dongcheng District, Beijing,

For inspections you will want to contact the Division of Cultural Heritage Market Administration (8610-6403 2017)

Guangdong Foreign Affairs Office

87047165、87049634, 87047165,87049634
Guangzhou Yin Wang 1, second floor.
E-mail: gdjdz@tom.com.
http://www.gdfao.gov.cn/english/

State Administration of cultural Heritiage

http://www.sach.gov.cn/
No. 10 Chaoyangmen Bei Da Jie Chaoyang District Beijing, 100020, China

Heritage Management Committee of the Shanghai Municipa Government

http://www.shcrm.com.cn/
201 Renminlu Shanghai, China
Tel: (021) 63580340 Fax: (021) 63720063

Notes:

* Relics are divided into grades. Relics are divided into grades. In 1987 the Ministry of Culture published a circular, “The Ranking and Standard of Cultural Relics,” to provide guidance in determining grade for purposes of the CRPL. This system largely repeats the definitional language of the CRPL. Grade One relics are symbolic of Chinese culture and rare; Grade Two have “important” historic or scientific value, but are “widely found;” Grade Three are of lesser importance and include “important relics ‘with certain defects’.” In 1992 the State Bureau of Cultural Relics promulgated the Detailed Rules for the Implementation of the Law of the People’s Republic of China on the Protection of Cultural Relics [*PG205](Detailed Rules). These rules divide relics into “precious” (which includes Grades One, Two, and Three) and “ordinary.” It is important to note that this essentially administrative process of grading can have repercussions for criminal penalties. In the case of stolen relics, grading occurs when the relics are seized.

** The government has announced a ban on exports of all antiques dating before 1911 in a bid to curb the outflow of priceless art treasures, the China Daily reported on Wednesday. An existing ban affects relics made before 1795 but the date will be pushed forward to 1911, the final year of the Qing Dynasty and the end of imperial China.

*** The request concludes by seeking “import restrictions on categories of pillaged archaeological material from the Paleolithic Period to Qing Dynasty including, but not limited to: • Metals – bronze, gold, and silver vessels, sculpture, utensils, jewelry, coins, weapons, and armor • Ceramics – stoneware and porcelain vessels, sculpture, jewelry and architectural elements • Stone – vessels, sculpture, weapons, utensils, jewelry, architectural elements • Painting and calligraphy – on wood, paper, silk, stone, fresco • Textiles – silk clothing, hangings, furnishings • Lacquer, bone, ivory and horn objects, including inscribed materials • Wood and bamboo objects, including inscribed objects.”

Law of the People’s Republic of China on Protection of Cultural Relics

Roger — Sat, 22 Nov 2008 15:30:44 +0000

Ever wondered what the Chinese is concerning exporting antiques? Look no further! Here is a copy of it:

Law of the People’s Republic of China on Protection of Cultural Relics

(Order of the President No.76)

Chapter II Immovable Cultural Relics
Chapter III Archaeological Excavations

Chapter IV Cultural Relics in the Collection of Cultural Institutions
Chapter V Cultural Relics in People’s Collection
Chapter VI Taking or Bringing Cultural Relics out of or into China
Chapter VII Legal Liabilities
Chapter VIII Supplementary Provisions

Law of the People’s Republic of China on Protection of Cultural Relics

(Order of the President No.76)

　　The Law of the People’s Republic of China on Protection of Cultural Relics, amended and adopted at the 30th Meeting of the Standing Committee of the Ninth National People’s Congress of the People’s Republic of China on October 28, 2002, is hereby promulgated and shall go into effect as of the date of its promulgation.　　

　　Jiang Zemin

　　President of the People’s Republic of China

　　October 28, 2002

Law of the People’s Republic of China on Protection of Cultural Relics

(Adopted at the 25th Meeting of the Standing Committee of the Fifth National People’s Congress on November 19, 1982, revised in accordance with the Decision of the Standing Committee of the National People’s Congress Regarding the Revision of Article 30 and Article 31 of the Law of the People’s Republic of China on Protection of Cultural Relics at the 20th Meeting of the Standing Committee of the Seventh National People’s Congress on June 29, 1991, and revised again at the 30th Meeting of the Standing Committee of the Ninth National People’s Congress on October 28, 2002)

Contents

　　Chapter I General Provisions

Chapter II Immovable Cultural Relics

Chapter III Archaeological Excavations

Chapter IV Cultural Relics in the Collection of Cultural Institutions

Chapter V Cultural Relics in People’s Collection

Chapter VI Taking or Bringing Cultural Relics out of or into China

Chapter VII Legal Liabilities

Chapter VIII Supplementary Provisions

Chapter I

General Provisions

　　Article 1 This Law is enacted in accordance with the Constitution, with a view to strengthening the protection of cultural relics, inheriting the splendid historical and cultural legacy of the Chinese nation, promoting scientific research, conducting education in patriotism and in the revolutionary tradition, and building a socialist society with cultural, ideological and material progress.

　　Article 2 The State places under its protection the following cultural relics within the boundaries of the People’s Republic of China:

(1) sites of ancient culture, ancient tombs, ancient architectural structures, cave temples, stone carvings and murals that are of historical, artistic or scientific value;

(2) important modern and contemporary historic sites, material objects and typical buildings that are related to major historical events, revolutionary movements or famous personalities and that are highly memorable or are of great significance for education or for the preservation of historical data;

(3) valuable works of art and handicraft articles dating from various historical periods;

(4) important documents dating from various historical periods, and manuscripts, books and materials, etc. that are of historical, artistic or scientific value; and

(5) typical material objects reflecting the social system, social production or the life of various nationalities in different historical periods.

The criteria and measures for the verification of cultural relics shall be formulated by the administrative department for cultural relics under the State Council and submitted to the State Council for approval.

Fossils of paleovertebrates and paleoanthropoids of scientific value shall be protected by the State in the same way as cultural relics.

　　Article 3 Immovable cultural relics, such as sites of ancient culture, ancient tombs, ancient architectural structures, cave temples, stone carvings and murals as well as important modern and contemporary historic sites and typical buildings, may, depending on their historical, artistic and scientific value, be designated respectively as major sites to be protected for their historical and cultural value at the national level, sites to be protected for their historical and cultural value at the provincial level, and sites to be protected for their historical and cultural value at the city or county level.

Movable cultural relics, such as important material objects, works of art, documents, manuscripts, books, materials, and typical material objects dating from various historical periods, shall be divided into valuable cultural relics and ordinary cultural relics; and the valuable cultural relics shall be subdivided into grade-one cultural relics, grade-two cultural relics and grade-three cultural relics.

　　Article 4 In the work concerning cultural relics, the principle of giving priority to the protection of cultural relics, attaching primary importance to their rescue, making rational use of them and tightening control over them shall be carried out.

　　Article 5 All cultural relics remaining underground or in the inland waters or territorial seas within the boundaries of the People’s Republic of China are owned by the State.

Sites of ancient culture, ancient tombs and cave temples are owned by the State. Such immovable cultural relics as memorial buildings, ancient architectural structures, stone carvings, murals and typical architectural structures of the modern and contemporary times, designated for protection by the State, except where otherwise provided for by regulations of the State, are owned by the State.

The ownership of State-owned immovable cultural relics shall remain unchanged when ownership or the right to use of the land to which such relics are attached changes.

The following movable cultural relics are owned by the State:

(1) cultural relics unearthed within the territories of the People’s Republic of China, except where otherwise provided for by regulations of the State;

(2) cultural relics collected and preserved by institutions for the collection of State-owned cultural relics and by other State organs, armed forces, State-owned enterprises, public institutions, etc.;

(3) cultural relics collected and purchased by the State;

(4) cultural relics donated to the State by citizens, legal persons and other organizations; and

(5) other cultural relics owned by the State as provided for by laws.

Ownership of movable cultural relics owned by the State shall remain unchanged when institutions for their preservation or collection cease to exist or are replaced.

Ownership of the State-owned cultural relics shall be protected by laws and shall brook no infringement.

　　Article 6 Ownership of memorial buildings, ancient architectural structures, cultural relics handed down from ancestors and other cultural relics obtained in accordance with laws, which belong to collectives or individuals, shall be protected by laws. Owners of the cultural relics shall abide by State laws and regulations on the protection of cultural relics.

　Article 7 All government department, public organizations and individuals shall have the obligation to protect the cultural relics in accordance with laws.

　　Article 8 The administrative department for cultural relics under the State Council shall take charge of the work concerning the protection of cultural relics throughout the country.

Local people’s governments at various levels shall take charge of the work concerning the protection of cultural relics within their own administrative areas. Departments in charge of the work concerning the protection of cultural relics under local people’s governments at or above the county level shall exercise supervision and control over the protection of cultural relics within their own administrative areas.

The relevant administrative departments under people’s governments at or above the county level shall, within the scope of their own functions and duties, take charge of the work concerning the protection of cultural relics.

　　Article 9 People’s governments at various levels shall attach importance to the protection of cultural relics and correctly handle the relations between economic and social development and the protection of cultural relics so as to ensure safety of the cultural relics.

Capital construction and the development of tourism shall be governed by the principle for the work concerning the protection of cultural relics, and such activities may not cause damage to cultural relics.

Public security organs, administrative departments for industry and commerce, the Customs, departments for urban and rural construction planning and the relevant State organs shall, in accordance with law, conscientiously perform their functions and duties for the protection of cultural relics and maintain the order of the control over cultural relics.

　　Article 10 The State develops the undertaking of the protection of cultural relics. People’s governments at or above the county level shall incorporate the undertaking of the protection of cultural relics into their own plans for national economic and social development and the expenses entailed shall be listed in their own budgets.

Budgetary appropriations made by the State for the protection of cultural relics shall increase along with the increase of revenues.

Incomes earned by the undertakings of the State-owned museums, memorial halls, sites protected for their historical and cultural values, etc. shall exclusively be used for the protection of cultural relics, and no units or individuals may take them into their own possession or misappropriate them.

The State encourages, through such forms as donations, the establishment of social funds for the protection of cultural relics, which shall exclusively be used for the protection of cultural relics. No units or individuals may take such funds into their own possession or misappropriate them.

　　Article 11 Cultural relics are unrenewable cultural resources. The State devotes great efforts to the publicity and education in the need to protect cultural relics, enhances the awareness of the entire people of the need, and encourages scientific research in this field in order to raise the scientific and technological level for the protection of the cultural relics.

　　Article 12 The State gives moral encouragement or material rewards to units and individuals for any of the following deeds:

(1) conscientiously implementing laws and regulations on the protection of cultural relics and making remarkable achievements in protecting cultural relics;

(2) resolutely fighting against criminal acts, in the interest of protecting cultural relics;

(3) donating important cultural relics in one’s own collection to the State or making donations for the undertaking of protection of cultural relics;

(4) immediately reporting or delivering to the authority when discovering cultural relics, which facilitates their protection;

(5) making major contributions to the work of archaeological excavations;

(6) making important inventions and innovations in the science and techniques for the protection of cultural relics, or other important contributions in this respect;

(7) rendering meritorious service in rescuing cultural relics that are in danger of being destroyed; and

(8) having been engaged in the work concerning cultural relics over long years and having made outstanding achievements in this field.

Chapter II

Immovable Cultural Relics

　　Article 13 The administrative department for cultural relics under the State Council shall select sites from among the ones protected for their significant historical, artistic or scientific value at the provincial, city or county level and designate them as major sites to be protected for their historical and cultural value at the national level, or shall directly designate such major sites, and report them to the State Council for verification and announcement.

Sites to be protected for their historical and cultural value at the provincial level shall be verified and announced by the people’s governments of provinces, autonomous regions, or municipalities directly under the Central Government, and be reported to the State Council for the record.

Sites to be protected for their historical and cultural value at the city or county level shall be verified and announced respectively by the people’s governments of cities divided into districts, of autonomous prefectures and of counties, and be reported to the people’s governments of provinces, autonomous regions, or municipalities directly under the Central Government for the record.

Immovable cultural relics of sites to be protected for their historical and cultural value that have not yet been verified and announced as such shall be registered and announced by the administrative department for cultural relics under the people’s government at the county level.

　　Article 14 Cities with an unusual wealth of cultural relics of important historical value or high revolutionary memorial significance shall be verified and announced by the State Council as famous cities of historical and cultural value.

Towns, neighborhoods or villages with an unusual wealth of cultural relics of important historical value or high revolutionary memorial significance shall be verified and announced by the people’s governments of provinces, autonomous regions, or municipalities directly under the Central Government as famous neighborhood, villages or towns of historical and cultural value, and reported to the State Council for the record.

Local people’s governments at or above the county level in places where famous cities of historical and cultural value, or famous neighborhoods, villages or towns of historical and cultural value are located shall take charge of drawing up special plans for their protection and include such plans in their overall urban plans.

Measures for the protection of famous cities, famous neighborhoods, villages and towns of historical and cultural value shall be formulated by the State Council.

　　Article 15 People’s governments of provinces, autonomous regions, and municipalities directly under the Central Government and of cities and counties shall respectively delimit the necessary area of protection, put up signs and notices, and establish records and files for the historical and cultural sites protected at the corresponding levels and shall, in the light of different circumstances, establish special organs or assign full-time persons to be responsible for control over these sites. The area of protection and records and files for the major historical and cultural sites protected at the national level shall be reported by the administrative department for cultural relics under the people’s governments of provinces, autonomous regions, or municipalities directly under the Central Government to the administrative department for cultural relics under the State Council for the record.

The administrative departments for cultural relics under the local people’s governments at or above the county level shall, on the basis of the requirements for the protection of different cultural relics, formulate specific protective measures for the immovable cultural relics of the sites protected for their historical and cultural value and of the sites that have not yet been verified as such, and announce the measures for implementation.

　　Article 16 When drawing up plans for urban and rural construction, the people’s governments at various levels shall, on the basis of the requirements for the protection of cultural relics, see to it that protective measures for the historical and cultural sites protected at different levels within their own administrative areas are first formulated through consultation between the departments for urban and rural construction planning and the administrative departments for cultural relics and include such measures in their plans.

　　Article 17 No construction of additional projects or such operations as blasting, drilling and digging may be conducted within the area of protection for a historical and cultural site. However, where under special circumstances it is necessary to conduct construction of additional projects or such operations as blasting, drilling and digging within the area of protection for such a site, its safety shall be guaranteed, and the matter shall be subject to approval by the people’s government which originally verified and announced the site and which, before giving approval, shall ask consent of the administrative department for cultural relics under the people’s government at the next higher level; and where construction of additional projects or such operations as blasting, drilling and digging are to be conducted within the area of protection for a major historical and cultural site protected at the national level, the matter shall be subject to approval by the people’s government of the relevant province, autonomous region, or municipality directly under the Central Government, which, before giving approval, shall ask consent of the administrative department for cultural relics under the State Council.

　　Article 18 On the basis of the actual needs for the protection of cultural relics and with the approval of the people’s government of the relevant province, autonomous region, or municipality directly under the Central Government, a certain area for control of construction may be delimited around a site protected for its historical and cultural value, and such an area shall be announced.

No construction of a project conducted in an area for control of construction may deform the historical features of the site protected for its historical and cultural value; and the design for the project shall, in correspondence with the protection level of the site protected for its historical and cultural value, be subject to consent by the appropriate administrative department for cultural relics before it is submitted to the department for urban and rural construction planning for approval.

　　Article 19 No facilities that pollute the sites protected for their historical and cultural value or their environment may be put up within the area of protection for these sites or the area for control of construction, and no activities that may adversely affect the safety and environment of these sites may be conducted. Where there are already facilities that pollute the sites and their environment, they shall be brought under control within a specified time limit.

　　Article 20 While choosing a place for a construction project, the construction unit shall try its best to get around the site of immovable cultural relics; where it is impossible to do so under special circumstances, it shall do everything it can to protect the original site protected for its historical and cultural value.

Where the original site is to be protected, the construction unit shall first work out protective measures and, in correspondence with the level of protection for the site, submit the measures to the appropriate administrative department for cultural relics for approval, and include the measures in its feasibility study report or in the design in which the task of protection is specified.

Where it is impossible to protect the original site or the site needs to be moved to another place or dismantled, the matter shall be reported to the people’s government of the relevant province, autonomous region, or municipality directly under the Central Government for approval; where a site protected for its historical and cultural value at the provincial level needs to be moved to another place or dismantled, consent of the administrative department for cultural relics under the State Council shall be asked prior to approval. No major historical and cultural sites protected at the national level may be dismantled; where such a site needs to be moved to another place, the matter shall be reported by the people’s government of the relevant province, autonomous region, or municipality directly under the Central Government to the State Council for approval.

Among the State-owned immovable cultural relics to be dismantled in accordance with the provisions of the preceding paragraph, the murals, carvings, building components, etc. which are worthy of collecting shall be collected by the institution for the collection of cultural relics designated by the administrative department for cultural relics.

The expenses required for protecting, moving to another place or dismantling an original site as provided for by this Article shall be included in the budget of the construction unit for the construction project.

　　Article 21 Users of State-owned immovable cultural relics shall be responsible for their repairs and maintenance; and the owners of the immovable cultural relics not owned by the State shall be responsible for their repairs and maintenance. Where the immovable cultural relics not owned by the State are in danger of damage and the owner cannot afford their repairs, the local people’s government shall offer the owner assistance; and where the owner can afford their repairs but refuses to perform his obligation to repair them as required by law, the people’s government at or above the county level may make emergency repairs and the expenses entailed shall be borne by the owner.

Repairs to be made for sites protected for their historical and cultural value shall, in correspondence with their different levels of protection, be subject to approval by the appropriate administrative department for cultural relics; and repairs to be made for the immovable cultural relics of the sites that are not yet verified as ones protected for their historical and cultural value shall be subject to approval by the administrative departments for cultural relics under the people’s governments at the county level with which the sites are registered.

The repairs, removal, or reconstruction of a site protected for its historical and cultural value shall be undertaken by the unit that has obtained the qualification certificate for projects designed to protect cultural relics.

In the repairing, maintaining and removing immovable cultural relics, the principle of keeping the cultural relics in their original state shall be adhered to.

　　Article 22 Where immovable cultural relics are totally damaged, the ruins shall be protected and the damaged relics may not be rebuilt on the original site. However, where under special circumstances it is necessary to have such relics rebuilt on the original site, the administrative department for cultural relics under the people’s government of the relevant province, autonomous region, or municipality directly under the Central Government shall ask consent of the administrative department for cultural relics under the State Council before submitting the matter to the people’s government of the relevant province, autonomous region, or municipality directly under the Central Government for approval; and where major site protected for its historical and cultural value at the national level needs to be rebuilt on the original site, the matter shall be submitted by the people’s government of the relevant province, autonomous region, or municipality directly under the Central Government to the State Council for approval.

　　Article 23 Where it is necessary to use a memorial building or an ancient architectural structure owned by the State at a place verified as a site protected for its historical and cultural value for purposes other than the establishment of a museum, a cultural relics preservation institute or a tourist site, the administrative department for cultural relics under the people’s government that originally verified and announced it as such a site shall first ask consent of the administrative department for cultural relics at the next higher level and then submit a report to the said people’s government for approval; and where a major site protected for its historical and cultural value at the national level is to be used for other purposes, the people’s government of the relevant province, autonomous region, or municipality directly under the Central Government shall submit a report to the State Council for approval. Where the State-owned immovable cultural relics of a site not verified as one protected for its historical and cultural value are to be used for other purposes, the matter shall be reported to the administrative department for cultural relics under the people’s government at the county level.

　　Article 24 No immovable cultural relics owned by the State may be transferred or mortgaged. No State-owned sites protected for their historical and cultural value, which are established as museums or cultural relics preservation institutes or used as tourist sites may be made enterprise assets for business operation.

　　Article 25 No immovable cultural relics not owned by the State may be transferred or mortgaged to foreigners.

The transfer and mortgage of the immovable cultural relics not owned by the State, or the change in their use shall, in correspondence with their different grades, be reported to the appropriate administrative departments for cultural relics for the record; and where their repairs are to be financed by the local people’s government, the matter shall be submitted to the appropriate administrative departments for cultural relics for approval.

　　Article 26 The principle of keeping the immovable cultural relics in their original state shall be adhered to in their use, and the users shall be responsible for the safety of the structures and the cultural relics attached to them, see to it that the immovable cultural relics are not damaged, rebuilt or dismantled and that no additional structures are built on the site.

With regard to the buildings or structures that threaten the safety of the sites protected for their historical and cultural value or damage their historical features, the local people’s government shall, without delay, investigate and handle the matter, and when necessary, it may have such buildings or structures dismantled or moved to other places.

Chapter III

Archaeological Excavations

　　Article 27 The procedure of submitting reports for approval shall be performed for all archaeological excavations; all institutions engaged in archaeological excavations shall be subject to approval by the administrative department for cultural relics under the State Council.

No units or individuals may, without permission, conduct excavation of the cultural relics buried underground.

　　Article 28 The institutions engaged in archaeological excavations that need to conduct archaeological excavations for the purpose of scientific research shall submit their excavation plans to the administrative department for cultural relics under the State Council for approval; plans for archaeological excavations relating to the major sites protected for their historical and cultural value at the national level shall be submitted to the administrative department for cultural relics under the State Council for examination and verification before they are forwarded to the State Council for approval. Before giving approval to or examining and verifying such plans, the administrative department for cultural relics under the State Council shall consult with the research institutes of social sciences, other scientific research institutes and the experts concerned.

　　Article 29 Before launching a large-scale capital construction project, the construction unit shall first request in a report the administrative department for cultural relics under the people’s government of the relevant province, autonomous region, or municipality directly under the Central Government to make arrangements for institutions engaged in archaeological excavations to conduct archaeological investigation and prospecting at places where cultural relics may be buried underground within the area designated for the project.

Where cultural relics are discovered in the course of investigation and prospecting, the administrative department for cultural relics under the people’s government of the relevant province, autonomous region, or municipality directly under the Central Government shall, in compliance with the requirements for protection of cultural relics, decide on the protective measures through consultations with the construction unit. In case of important discoveries, the administrative department for cultural relics under the people’s government of the relevant province, autonomous region, or municipality directly under the Central Government shall immediately submit a report to the administrative department for cultural relics under the State Council for handling.

　　Article 30 With regard to archaeological excavations which have to be carried out along with a construction project, the administrative department for cultural relics under the people’s government of the relevant province, autonomous region, or municipality directly under the Central Government shall submit an excavation plan based on the result of prospecting to the administrative department for cultural relics under the State Council for approval. Before giving approval to the plan, the administrative department for cultural relics under the State Council shall consult with research institutes of social sciences, other scientific research institutes and the experts concerned.

In cases where the pressing time limit for the completion of the project or the danger of natural damage makes it truly urgent to rescue and excavate the sites of ancient culture or ancient tombs, the administrative department for cultural relics under the people’s government of the relevant province, autonomous region, or municipality directly under the Central Government may make arrangements for proceeding with the excavation, while going through the formalities of examination and approval.

　　Article 31 The expenses needed for archaeological investigation, prospecting, or excavation, which have to be carried out because of capital construction or construction for productive purposes, shall be included in the budget of the construction unit for the construction project.

　　Article 32 In the course of construction of a project or agricultural production, all units and individuals that discover cultural relics shall keep the scene intact and immediately report to the local administrative department for cultural relics; after receiving the report, the department shall, except under special circumstances, rush to the scene within 24 hours and put forth its proposals on the handling of the matter within seven days. The administrative department for cultural relics may report to the local people’s government; requesting it to inform the public security organ of the matter and to seek its assistance in keeping the scene intact; and where important cultural relics are discovered, the matter shall immediately be reported to the administrative department for cultural relics under the State Council, which shall put forth its proposal on the handling of the matter within 15 days after receiving the report.

The cultural relics discovered in such a manner as mentioned in the preceding paragraph belong to the State, and no unit or individual may plunder, privately divide or conceal them.

　　Article 33 Without submitting a report to the administrative department for cultural relics under the State Council for special permission by the State Council, no foreigner or foreign organization may conduct archaeological investigation, prospecting or excavation within the boundaries of the People’s Republic of China.

　　Article 34 The results of archaeological investigation, prospecting and excavation shall be reported to the administrative department for cultural relics under the State Council and to the administrative department for cultural relics under the people’s government of the relevant province, autonomous region, or municipality directly under the Central Government.

Excavated archaeological relics shall be registered, preserved properly and, in accordance with the relevant regulations of the State, turned over for collection to the administrative department for cultural relics under the people’s government of the relevant province, autonomous region, or municipality directly under the Central Government or to the State-owned museums, libraries or other State-owned institutions for the collection of cultural relics designated by the administrative department for cultural relics under the State Council. Upon approval by the administrative department for cultural relics under the people’s government of the relevant province, autonomous region or municipality directly under the Central Government, or under the State Council, institutions engaged in archaeological excavation may retain a small amount of unearthed cultural relics as samples for scientific research.

No units or individuals may take excavated archaeological relics into their own possession.

　　Article 35 To meet the need of ensuring the safety of cultural relics, conducting scientific research and making full use of cultural relics, the administrative department for cultural relics under the people’s government of the relevant province, autonomous region or municipality directly under the Central Government may, upon approval by the people’s government at the corresponding level, transfer and use the cultural relics unearthed within their own administrative areas; and the administrative department for cultural relics under the State Council may, upon approval by the State Council, transfer major cultural relics unearthed anywhere in the country.

Chapter IV

Cultural Relics in the Collection of Cultural Institutions

　　Article 36 Museums, libraries and other institutions for the collection of cultural relics shall classify the cultural relics in their collection into different grades, compile files for the relics kept by them, establish a strict system of control, and submit them to the competent administrative department for cultural relics for the record.

The administrative department for cultural relics under the people’s governments at or above the county level shall compile files for the cultural relics in the collection of cultural institutions in their own administrative areas; and the administrative department for cultural relics under the State Council shall compile files for grade-one cultural relics of the State and for the cultural relics in the collection of State-owned cultural institutions under its charge.

　　Article 37 Institutions for the collection of cultural relics may obtain cultural relics by the following means:

(1) purchasing;

(2) accepting donations;

(3) exchanging according to law; or

(4) other means as provided for by laws and administrative rules and regulations.

Institutions for the collection of State-owned cultural relics may also obtain cultural relics through designation by the administrative department for cultural relics for preserving the relics or through transfer by the department.

　　Article 38 Institutions for the collection of cultural relics shall, in light of the need for protection of cultural relics in their collection and in accordance with the relevant regulations of the State, establish a sound system of control and report it to the competent administrative department for cultural relics for the record. Without approval, no unit or individual may, through transfer, obtain cultural relics in the collection of cultural institutions.

Legal representatives of the institutions for the collection of cultural relics shall be responsible for the safety of the cultural relics in their collection. Before leaving their posts, the legal representatives of the institutions for the collection of State-owned cultural relics shall, on the basis of the files of the cultural relics in the collection of the cultural institutions, go through the formalities of handing over the cultural relics in the collection of the institutions.

　　Article 39 The administrative department for cultural relics under the State Council may transfer the cultural relics in the collection of the State-owned cultural institutions anywhere in the country. The administrative department for cultural relics under the people’s government of the relevant province, autonomous region or municipality directly under the Central Government may transfer the cultural relics in the collection of the State-owned cultural institutions, which are under its charge and are located in its administrative area; and where grade-one cultural relics in the collection of State-owned cultural institutions are transferred, the matter shall be reported to the administrative department for cultural relics under the State Council for the record.

State-owned institutions for the collection of cultural relics may apply for transfer of the cultural relics in the collection of State-owned cultural institutions.

　　Article 40 Institutions for the collection of cultural relics shall give full play to the cultural relics in their collection and, through holding exhibitions, conducting scientific research, etc., help enhance publicity and education in the splendid history and culture and the revolutionary tradition of the Chinese nation.

Where State-owned cultural institutions for the collection of cultural relics, for purposes of holding exhibitions, conducting scientific research, etc., need to borrow from each other cultural relics in their collection, the matter shall be reported to the competent administrative department for cultural relics for the record; and where grade-one cultural relics in the collection of cultural institutions are to be borrowed, the matter shall be subject to approval by the administrative department for cultural relics under the State Council.

Where institutions for the collection of cultural relics not owned by the State and other institutions, for purposes of holding exhibitions, need to borrow cultural relics in the collection of the State-owned cultural institutions, the matter shall be subject to approval by the competent administrative department for cultural relics; and where grade-one cultural relics in the collection of State-owned cultural institutions are to be borrowed, the matter shall be subject to approval by the administrative department for cultural relics under the State Council.

The maximum period of time for the borrowing of cultural relics between the institutions for the collection of cultural relics may not exceed three years.

　　Article 41 Cultural relics in institutions for the collection of State-owned cultural relics that have compiled files of the cultural relics in their collection may be exchanged among such institutions upon approval by the administrative department for cultural relics under the people’s government of the relevant province, autonomous region or municipality directly under the Central Government, and the matter shall be reported to the administrative department for cultural relics under the State Council for the record; and where grade-one cultural relics in their collection are to be exchanged, the matter shall be subject to approval by the administrative department for cultural relics under the State Council.

　　Article 42 No institutions for the collection of State-owned cultural relics that have not compiled files of the cultural relics in their collection may handle the cultural relics in their collection in accordance with the provisions in Articles 40 and 41 of this Law.

　　Article 43 The institution for the collection of the cultural relics that obtains cultural relics through lawful transfer, exchange or borrowing of the cultural relics in the collection of State-owned cultural institutions may give a reasonable sum of compensation to the institution for the collection of cultural relics that provides it with the cultural relics. The specific administrative measures in this respect shall be formulated by the administrative department for cultural relics under the State Council.

The amount of compensation gained by the institutions for the collection of State-owned cultural relics from the transfer, exchange or lending of cultural relics shall be used for the improvement of the conditions for the collection of cultural relics or for the collection of new cultural relics, but not for other purposes; and no unit or individual may take it into its/his own possession.

The cultural relics transferred, exchanged or borrowed shall be kept in good care, and none of then may be lost or damaged.

　　Article 44 No institutions for the collection of State-owned cultural relics may donate, lease or sell the cultural relics in their collection to other units or individuals.

　　Article 45 Measures for disposition of the cultural relics which institutions for the collection of the State-owned cultural relics no longer keep shall be formulated separately by the State Council.

　　Article 46 No repairs of cultural relics in the collection of cultural institutions may change their original state; and when duplicating, taking photos or making rubbings of cultural relics in the collection of cultural institutions, one shall take care not to damage the cultural relics. Specific administrative measures in this respect shall be formulated by the State Council.

The provisions of the preceding paragraph shall be applicable to repairs, duplication, photo-taking and rubbing of all-in-one cultural relics of immovable cultural relics.

　　Article 47 Museums, libraries and other institutions for the collection of cultural relics shall, in accordance with the relevant regulations of the State, be installed with facilities against fire, robbery and natural damages so as to ensure safety of the cultural relics in their collection.

　　Article 48 Where grade-one cultural relics in the collection of cultural institutions are damaged, the matter shall be reported to the administrative department for cultural relics under the State Council for examination, verification and handling. Where other cultural relics in the collection of cultural institutions are damaged, the matter shall be reported to the administrative department for cultural relics under the people’s government of the relevant province, autonomous region or municipality directly under the Central Government for examination, verification and handling; and the said department under the relevant people’s government shall submit the results of such examination, verification and handling to the administrative department for cultural relics under the State Council for the record.

Where cultural relics in the collection of a cultural institution are stolen, robbed or missing, the institution hall immediately report the case to a public security organ and at the same time to the competent administrative department for cultural relics.

　　Article 49 No workers of the administrative department for cultural relics and the institution for the collection of State-owned cultural relics may borrow State-owned cultural relics or illegally take them into their own possession.

Chapter V

Cultural Relics in People’s Collection

　　Article 50 Citizens, legal persons and other organizations, except institutions for the collection of cultural relics, may collect cultural relics obtained through the following channels:

(1) lawfully inheriting or accepting as gifts;

(2) purchasing from cultural relics stores;

(3) purchasing from auction enterprises engaged in auction of cultural relics;

(4) mutually exchanging or transferring in accordance with law the cultural relics lawfully owned by individual citizens; or

(5) other lawful channels prescribed by the State.

Cultural relics, as specified in the preceding paragraph, which are in the collection of citizens, legal persons and other organizations, except the institutions for the collection of cultural relics, may be circulated according to law.

　　Article 51 No citizens, legal persons or other organizations may purchase or sell the following cultural relics:

(1) state-owned cultural relics, except ones with the approval of the State;

(2) valuable cultural relics in the collection of the cultural institutions not owned by the State;

(3) such of the State-owned irremovable cultural relics as murals, carvings and components of buildings, except such of the State-owned irremovable cultural relics as murals, carvings and components of buildings that are dismantled according to law but are not collected by the institutions for the collection of cultural relics and therefore are not governed by the provisions in the fourth paragraph of Article 20 in this Law; or

(4) cultural relics not obtained through the channels provided for in Article 50 of this Law.

　　Article 52 The State encourages citizens, legal persons and other organizations, except the institutions for the collection of cultural relics, to donate the cultural relics in their collection to the institutions for the collection of State-owned cultural relics or to lend them to institutions for the collection of cultural relics for exhibition and research.

Institutions for the collection of State-owned cultural relics shall honor and comply with the wishes of donors and keep the donated relics in proper collection and preservation and make appropriate display of them.

No cultural relics that the State prohibits from leaving the country may be transferred, leased or pledged to foreigners.

　　Article 53 The establishment of cultural relics stores shall be subject to approval by the administrative department for cultural relics under the State Council or by the administrative department for cultural relics under the people’s government of the relevant province, autonomous region or municipality directly under the Central Government, and the stores shall be administered according to law.

No cultural relics stores may engage in auction of cultural relics or set up auction enterprises for the purpose.

　　Article 54 Auction enterprises established according to law for the auction of cultural relics are required to obtain license for auction of cultural relics issued by the administrative department for cultural relics under the State Council.

No auction enterprises engaged in auction of cultural relics may conduct business activities of purchasing or selling cultural relics or set up cultural relics stores.

　　Article 55 No workers of the administrative departments for cultural relics may establish or participate in the establishment of cultural relics stores or auction enterprises engaged in auction of cultural relics.

No institutions for the collection of cultural relics may establish or participate in the establishment of cultural relics stores or auction enterprises engaged in auction of cultural relics.

The establishment of cultural relics stores or auction enterprises engaged in auction of cultural relics in the form of Chinese-foreign equity joint venture, Chinese-foreign contractual joint venture or wholly foreign-owned venture is prohibited.

Except for cultural relics stores and auction enterprises engaged in auction of cultural relics that have obtained approval, no other units or individuals may engage in business activities relating to cultural relics.

　　Article 56 Cultural relics to be sold by cultural relics stores shall, prior to their sale, be examined and verified by the administrative department for cultural relics under the people’s government of the relevant province, autonomous region or municipality directly under the Central Government; and the ones approved for sale shall be marked by the said administrative department.

Cultural relics for auction by auction enterprises shall, prior to their auction, be examined and verified by the administrative department for cultural relics under the people’s government of the relevant province, autonomous region or municipality directly under the Central Government, and the matter shall be reported to the administrative department for cultural relics under the State Council for the record; and where the said administrative department cannot determine whether the relics in question may be auctioned, it shall submit the relics to the administrative department for cultural relics under the State Council for examination and verification.

　　Article 57 Cultural relics stores and auction enterprises shall, in accordance with the relevant regulations of the State, keep records of the cultural relics they purchase and sell or auction and submit the records to the administrative department for cultural relics that originally examined and verified the relics for the record.

Where the client or buyer requests to keep his identity secret when auctioning cultural relics, the administrative department for cultural relics shall do so, except where otherwise provided for in laws and administrative rules and regulations.

　　Article 58 When the administrative department for cultural relics examines and verifies the cultural relics that are to be put up for auction, it may designate an institution for the collection of State-owned cultural relics to enjoy the priority in purchasing the valuable ones among them. The purchasing prices may, through consultation, be determined between the representatives of the institution and the trustor of the cultural relics.

　　Article 59 Banks, smelteries, paper mills and units for the recovery of old and waste materials shall be responsible, jointly with the local administrative department for cultural relics, for sorting out cultural relics from among gold and silver articles and waste materials. The cultural relics thus sorted out, except for coins and other kinds of currency of past ages which are needed for research by banks and which may be kept by them, shall be turned over to the local administrative department for cultural relics. Reasonable compensation shall be paid for the sorted out cultural relics that are turned over.

Chapter VI

Taking or Bringing Cultural Relics out of or into China

　　Article 60 No state-owned cultural relics, valuable cultural relics among the ones not owned by the State or other cultural relics that are prohibited from being taken out of China according to State regulations may be taken out of the country, except the ones to be taken out of the country for exhibition in accordance with the provisions of this Law or for special needs upon approval by the State Council.

　　Article 61 Cultural relics to be taken out of the country shall be subject to examination and verification by the examination and verification authority for the entry and exit of cultural relics designated by the administrative department for cultural relics under the State Council. For the cultural relics that may be taken out of the country after examination and verification, the administrative department for cultural relics under the State Council shall issue an exit permit, and they shall be shipped out of the country at the port designated by the said administrative department.

Cultural relics to be transported, mailed or taken out of the country by any units or individuals shall be declared to the Customs; and the Customs shall let them leave the country on the strength of their exit permit.

　　Article 62 Cultural relics to be taken out of the country for exhibition shall be subject to approval by the administrative department for cultural relics under the State Council; and if the number of Grade One cultural relics exceeds the quota fixed by the State Council, the matter shall be subject to approval by the State Council.

The only existing or fragile relics among the Grade One cultural relics are prohibited from being taken out of the country for exhibition.

Cultural relics to be taken out of the country for exhibition shall be examined, verified and registered by the examination and verification authority for entry and exit of cultural relics. The Customs shall let them leave the country on the strength of the approval document issued by the administrative department for cultural relics under the State Council or by the State Council. The entry of the cultural relics into the country that have been taken out for exhibition shall be examined, verified and inspected by the original examination and verification authority for the entry and exit of cultural relics.

　　Article 63 Temporary entry of cultural relics into the country shall be declared to the Customs, and shall be subject to examination and verification by the examination and verification authority for the entry and exit of cultural relics and be registered with it.

Before leaving the country, the cultural relics that have entered the country temporarily shall be examined, verified and inspected by the examination and verification authority for the entry and exit of cultural relics that originally examined, verified and registered them; and if all is in order, the administrative department for cultural relics under the State Council shall issue an exit permit for these cultural relics and the Customs shall let them leave the country on the strength of the permit.

Chapter VII

Legal Liabilities

　　Article 64 Anyone who, in violation of the provisions of this Law, commits one of the following acts, which constitutes a crime, shall be investigated for criminal responsibility according to law:

(1) illicitly excavating sites of ancient culture and ancient tombs;

(2) intentionally or negligently damaging or destroying valuable cultural relics under State protection;

(3) selling without authorization or privately giving the cultural relics in the collection of State-owned cultural institutions to a unit not owned by the State or an individual;

(4) selling or giving, without authorization, to foreigners valuable cultural relics that the State prohibits from being taken out of the country;

(5) seeking profits by reselling the cultural relics that are prohibited by the State from being dealt in;

(6) smuggling cultural relics;

(7) robbing, plundering or privately dividing State-owned cultural relics or illicitly taking them into his possession; or

(8) other acts hindering the control over cultural relics and that shall be investigated for criminal responsibility.

　　Article 65 Anyone who, in violation of the provisions of this Law, causes the missing of or damage to cultural relics shall bear civil responsibility according to law.

Where the violation of the provisions of this Law constitutes an act against security administration, the public security organ shall impose a security administration punishment according to law.

Where the violation of the provisions of this Law constitutes an act of smuggling, but is not serious enough to constitute a crime, the Customs shall impose a punishment in accordance with the provisions of the relevant laws and administrative rules and regulations.

　　Article 66 Any unit that commits one of the following acts, which is not serious enough to constitute a crime, shall be ordered by the competent administrative department for cultural relics under the people’s government at or above the county level to put it right; if serious consequences are caused, it shall be fined not less than RMB 50,000 yuan but not more than 500,000 yuan; and if the circumstances are serious, the authority that originally issued the qualification certificate shall revoke the certificate:

(1) without authorization, conducting construction project or such operations as blasting, drilling and digging within the area of protection for a historical and cultural site;

(2) conducting construction project in an area for the control of construction within a site protected for its historical and cultural value; the design for which is not submitted to the administrative department for cultural relics for consent or to the urban and rural construction planning department for approval, and which deforms the historical features of the site protected for its historical and cultural value;

(3) removing or dismantling irremovable cultural relics without authorization;

(4) repairing irremovable cultural relics without authorization and obviously changing their original state;

(5) without authorization, rebuilding on the original site irremovable cultural relics that are totally damaged and thus destroying the cultural relics; or

(6) in the case of a construction unit without qualification certificate for projects designed to protect cultural relics, repairing, removing or reconstructing cultural relics.

Anyone who scrawls or smears on cultural relics or does damage to them not seriously, or to the signs of the sites, which are protected for their historical and cultural value, put up in accordance with the provisions of the first paragraph of Article 15 of this Law shall be given disciplinary warning by the public security organ or by the unit where the cultural relics are located, and may, in addition, be imposed a fine.

　　Article 67 Where a unit puts up, within the area of protection for a site protected for its historical and cultural value or the area for the control of construction, facilities that pollute the site and its environment, or fails to bring under control within the specified time limit the existing facilities that pollute the site and its environment, it shall be imposed a punishment by the administrative department for environmental protection in accordance with the provisions of the relevant laws and administrative rules and regulations.

　　Article 68 Any unit or individual that commits one of the following acts shall be ordered by the competent administrative department for cultural relics under the people’s government at or above the county level to put it right and its/his unlawful gains derived therefrom shall be confiscated; if the amount of such unlawful gains is more than 10,000 yuan, it/he shall be fined not less than two times, but not more than five times, the amount of the unlawful gains; and if the amount of the unlawful gains is less than 10,000 yuan, it/he shall be fined not less than 5,000 yuan but not more than 20,000 yuan:

(1) transferring or mortgaging State-owned immovable cultural relics, or making them enterprise assets for business operation;

(2) transferring or mortgaging irremovable cultural relics not owned by the State to foreigners; or

(3) without authorization, changing the purpose of use of a site protected for State-owned cultural relics.

　　Article 69 Where the layout, environment, historical features, etc. of a famous city of historical and cultural value are seriously undermined, the State Council shall revoke its title of famous city of historical and cultural value; where the layout, environment, historical features, etc. of a town, neighborhood or village of historical and cultural value are seriously undermined, the people’s government of the relevant province, autonomous region or municipality directly under the Central Government shall revoke its title of neighborhood, town or village of historical and cultural value; and the persons directly in charge and the other persons directly responsible shall be given administrative sanctions according to law.

　　Article 70 Where a unit commits one of the following acts, which is not serious enough to constitute a crime, the competent administrative department for cultural relics under the people’s government at or above the county level shall order it to put it right and may, in addition, impose on it a fine of not more than 20,000 yuan; and if there are unlawful gains derived therefrom, such unlawful gains shall be confiscated:

(1) in the case of an institution for the collection of cultural relics, failing to have facilities against fire, robbery and natural damage installed as required by the provisions of the relevant regulations of the State;

(2) in the case of a the legal representative of an institution for the collection of State-owned cultural relics, when leaving his post, failing to hand over the cultural relics in accordance with the files on the cultural relics in the collection of the institution, or the cultural relics handed over are not in agreement with the files;

(3) donating, leasing or selling State-owned cultural relics in the collection of cultural institutions to other units or individuals;

(4) disposing of State-owned cultural relics in the collection of cultural institutions in violation of the provisions of Articles 40, 41 and 45 of this Law; or

(5) in violation of the provisions of Article 43 of this Law, misappropriating or taking into one’s own possession the amount of compensation gained from the cultural relics transferred, exchanged or lent according to law.

　　Article 71 Where a unit or individual deals in cultural relics that the State prohibits from being dealt in or transfers, leases or mortgages to foreigners cultural relics that the State prohibits from being taken out of the country, which is not serious enough to constitute a crime, the competent administrative department for cultural relics under the people’s government at or above the county level shall order it/him to put it right and confiscate its/his unlawful gains derived therefrom; if the amount of the earnings from such illegal operations is more than 10,000 yuan, it/he shall, in addition, be fined not less than two times, but not more than five times, the amount of the said earnings; and if it is less than 10, 000 yuan, it/he shall, in addition, be fined not less than 5,000 yuan but not more than 20,000 yuan.

　　Article 72 Where a person, without permission, establishes a cultural relics store or an auction enterprise engaged in auction of cultural relics, or engages in business operations in cultural relics, which is not serious enough to constitute a crime, the administrative department for the for industry and commerce shall, in accordance with law, stop him and confiscate his unlawful gains derived therefrom and the cultural relics dealt in; if the amount of the earnings from such illegal operations is more than 50,000 yuan, he shall be fined not less than two times, but not more than five times, the amount of the earnings; and if the amount of the said earnings is less than 50,000 yuan, he shall be fined not less than 20,000 yuan but not more than 100,000 yuan.

　　Article 73 Where a unit is found in one of the following circumstances, its unlawful gains and the cultural relics illegally dealt in shall be confiscated by the administrative department for industry and commerce; if the amount of earnings from such illegal operations is more than 50,000 yuan, it shall, in addition, be fined not less than the amount of, but not more than three times the amount of, such earnings; if the amount of such earnings is less than 50,000 yuan, it shall, in addition, be fined not less than 5,000 yuan but not more than 50,000 yuan; and if the circumstances are serious, its license shall be revoked by the original authority that issued the license:

(1) if a cultural relics store engages in auction of cultural relics;

(2) if an auction enterprise engaged in auction of cultural relics purchases or sells cultural relics;

(3) if the cultural relics dealt in by a cultural relics store or auctioned by an auction enterprise are not examined and verified; or

(4) if an institution for the collection of cultural relics engages in business operations in cultural relics.

　　Article 74 Where a person commits one of the following acts, which is not serious enough to constitute a crime, the competent administrative department for cultural relics under the people’s government at or above the county level together with the public security organ shall recover the cultural relics; and if the circumstances are serious, he shall be fined not less than 5,000 yuan but not more than 50,000 yuan:

(1) concealing or refusing to hand over cultural relics discovered; or

(2) failing to turn over the cultural relics sorted out, as required by relevant regulations.

　　Article 75 Any unit that commits one of the following acts shall be ordered by the competent administrative department for cultural relics under the people’s government at or above the county level to put it right:

(1) failing to report, as required by the provisions of this Law, the change in the use of the State-owned irremovable cultural relics of a site not verified as one to be protected for its historical and cultural value;

(2) failing to put on record, as required by the provisions of this Law, the transfer or mortgage of the irremovable cultural relics not owned by the State or the change in their use;

(3) in the case of a user of State-owned irremovable cultural relics, refusing to perform, in accordance with law, his obligation to repair them;

(4) in the case of an institution engaged in archaeological excavation, conducting archaeological excavation without authorization, or failing to give a truthful report of the results of the excavation;

(5) in the case of an institution for the collection of cultural relics failing to compile files of the cultural relics in its collection and establish a system of the control over them, as required by the relevant regulations of the State, or failing to report the files and the system of control for the record;

(6) in violation of the provisions of Article 38 of this Law, obtaining, through transfer, cultural relics in the collection of a cultural institution without approval;

(7) in the case of an institution for the collection of cultural relics, failing to report the damages of the cultural relics in its collection to the administrative department for cultural relics for examination, verification and disposition, or failing to report immediately to the public security organ or the administrative department for cultural relics about the cultural relics in its collection that are stolen, robbed or missing; or

(8) in the case of a cultural relics store or an auction enterprise, failing to keep records of the cultural relics it sold or auctioned, or failing to submit the records to the administrative department for cultural relics for the record, as required by the relevant regulations of the State.

　　Article 76 Where a worker of an administrative department for cultural relics, of an institution for the collection of cultural relics, of a cultural relics store or a cultural relics auction enterprise commits one of the following acts, he shall be given to administrative sanction according to law; if the circumstances are serious, he shall be discharged from public employment or disqualified for the job according to law; and a crime is constituted, he shall be investigated for criminal responsibility according to law:

(1) in the case of a worker of an administrative department for cultural relics, in violation of the provisions of this Law, abusing his power of examination and approval, failing to perform his functions and duties, or failing to investigate and handle unlawful acts discovered, which causes serious consequences;

(2) in the case of a worker of an administrative department for cultural relics and or an institution for the collection of State-owned cultural relics, borrowing or illegally taking into his possession State-owned cultural relic;

(3) in the case of a worker of an administrative department for cultural relics, establishing or participating in the establishment of cultural relics stores or auction enterprises engaged in auction of cultural relics;

(4) causing damage or destruction to the sites protected for their historical and cultural value and to valuable cultural relics or causing missing of such relics due to disregard of responsibility; or

(5) embezzling or misappropriating funds earmarked for the protection of cultural relics.

No persons discharged from public employment or disqualified for the job, as mentioned in the preceding paragraph, may be employed for administration of cultural relics or to deal in cultural relics within ten years from the date of discharge or disqualification.

　　Article 77 Where the persons directly in charge of the unit that commits one of the following acts mentioned in Articles 66, 68, 70, 71, 74 and 75 of this Law and the other persons directly responsible are State functionaries, they shall be given administrative sanctions according to law.

　　Article 78 Where public security organs, the administrative departments for industry and commerce, the Customs, the departments for urban and rural construction planning and other State organs, in violation of the provisions of this Law, abuse their powers, neglect their duties, or engage in malpractice for personal gains, thus causing serious damage or destruction to the valuable cultural relics under State protection or causing their missing, the persons directly in charge and the other persons directly responsible shall be given administrative sanctions according to law; and if a crime is constituted, criminal responsibility shall be investigated according to law.

　　Article 79 The People’s Courts, the People’s Procuratorates, the public security organs, the Customs and the administrative departments for industry and commerce shall have the cultural relics confiscated according to law registered, preserved properly, and turned over to the administrative department for cultural relics gratis after settlement of the cases, and the cultural relics shall be kept in the collection of an institution for the collection of State-owned cultural relics which is designated by the administrative department for cultural relics.

Chapter VIII

Supplementary Provisions

　　Article 80 This Law shall go into effect as of the date of its promulgation.

Notice: All copyrights of the English version of the Orders of the President of the People’s Republic of China released on gov.cn belong to the Legislative Affairs Commission of the Standing Committee of the National People’s Congress of the People’s Republic of China.

http://www.gov.cn/english/laws/2005-10/09/content_75322.htm

A look at this years international furniture trade fairs

Roger — Sat, 27 Sep 2008 09:05:02 +0000

For those furniture importers, wholesalers, trade buyers, interior designers or furniture retailers in the business who were unable to make it to this years Shanghai furniture fair, its worth heading over to our China sourcing blog to see what you missed.

Shabby chic remains a strong look and some of this years other nicer offerings included vintage Italian leather armchairs, upholstered furniture designed in Spain, leather trunks and french country style furniture.

To read the full article click over to
“The latest from Furniture in China 2008 expo“

Fall trade fairs for furniture, home decor and antiques.

Roger — Mon, 01 Sep 2008 10:57:35 +0000

If you are a buyer and need the rundown on the fall trade show schedule for China, see our post on our other blog entitled:Fall schedule for furniture and decor trade shows, expos and other happening in China

From design to finished product – manufacturing your home decor product in asia

Roger — Fri, 29 Aug 2008 14:12:31 +0000

If you are designer or retailer of lighting, accessories or other home decor items and have designs you are considering producing over in this part of the world, there is a worthwhile post on our other furniture industry blog called “Design Phase: The initial steps to manufacturing your home decor products in Asia.”

The specialists guide to Chinese antiques. » Furniture Industry

Chinese buyer who refused to pay for looted bronzes weeps as he realizes that his credibility is shot.

Chinese Art Dealer in Unpaid YSL Bronzes Furor Weeps as he realizes that his credibility is shot.

China conveniently forgets the provenance of ‘looted’ bronze heads

Smuggled out just 4 years ago, a rare Tang Dynasty sarcophagus returns to China

唐贞顺皇后石椁移交仪式在我馆隆重举行

Working with a freight forwarder specializing in furniture packing and shipping

“A main issue, is with customers understanding of these providers scope of business (and their capabilities) – with the most common misconception being that these companies will take responsibility for getting your products picked up, packed and shipped out in good condition”

Read More….

Shanghai Trade Show: Antique Furniture China 2009

Guide to buying Chinese Antiques on eBay

The Brutal Truth about Buying Chinese Antiques on eBay

Guide to relic inspection certificates, customs documents and export requirements for antiques

“If I purchase a genuine antique while in China, will I be able to export it back to my home country?”

Why is China so sensitive about this topic? Other countries allow antique exports…

So how do I export the antiques I have purchased?

What about bring in antiques into the country?

Useful numbers

Notes:

Law of the People’s Republic of China on Protection of Cultural Relics

Law of the People’s Republic of China on Protection of Cultural Relics

Law of the People’s Republic of China on Protection of Cultural Relics

A look at this years international furniture trade fairs

To read the full article click over to “The latest from Furniture in China 2008 expo“

Fall trade fairs for furniture, home decor and antiques.

From design to finished product – manufacturing your home decor product in asia

“If I purchase a genuine antique while in China,
will I be able to export it back to my home country?”

Why is China so sensitive about this topic?
Other countries allow antique exports…

To read the full article click over to
“The latest from Furniture in China 2008 expo“