Observe · Regulate · Protect — since 2007. 19th OIMAP General Assembly: Singapore, 10–12 June 2026. Programme
Regulation

Legal framework

The texts that frame the art market: international conventions, OIMAP directives and the domestic law of Member States.

Updated : October 28, 2026· 3 min read

Pages in this section

Three levels of rules that fit together

The Antechamber of the Palace of Justice, Paris, Charles Meryon (1855)
The Antechamber of the Palace of Justice, Paris, Charles Meryon (1855)

The art market is governed by three levels of rules: international conventions, OIMAP directives and the domestic law of each Member State. Understanding how they fit together avoids most compliance errors.

This section offers an overview, a consolidated version of the main texts and a glossary of the legal terms used in the market.

It consists of three pages: the overview, the consolidated texts and the glossary.

  • Legal framework
  • Hierarchy of texts
  • Compliance

The three pages of the section

Breakdown

International law25%
OIMAP directives35%
National law40%

Share of the rules applicable to a typical operator (indicative).

Teapot with Landscape and Imperial Poem, Chen Hanwen (1762–95)
Teapot with Landscape and Imperial Poem, Chen Hanwen (1762–95)
The Victory Banquet: from Battle Scenes of the Quelling of Rebellions in the Western Regions, with Imperial Poems (c. 1765–74; poem dated 1760)
The Victory Banquet: from Battle Scenes of the Quelling of Rebellions in the Western Regions, with Imperial Poems (c. 1765–74; poem dated 1760)
Portrait of John VIII Palaoelogus, Emperor of Constantinople, 1424-1428 (reverse), Pisanello (c. 1438–1439)
Portrait of John VIII Palaoelogus, Emperor of Constantinople, 1424-1428 (reverse), Pisanello (c. 1438–1439)

How the levels fit together

International law sets the principles: prohibiting illicit trafficking, returning stolen property, protecting heritage in wartime. It applies to States, which must transpose it for it to apply to individuals.

OIMAP directives translate these principles into concrete obligations for operators: verify, declare, keep records, report. National law, finally, sets the sanctions, procedures and special regimes (listed property, taxation, inheritance).

In case of conflict between texts

Where a national rule contradicts an OIMAP directive, the Member State is bound to bring it into line within a set period. In the meantime, the operator applies the rule that best protects heritage, unless otherwise provided.

If a conflict pits two States against each other, the Arbitral Tribunal may be seized. It rules on the basis of the conventions, the directives and the organisation's case law.

Why a dedicated section

Operators complain less about the weight of the rules than about their dispersion. A single operation may fall under ten different texts, in three languages and with three update dates. OIMAP therefore chose to consolidate: one text, one version, one date.

This section is designed to be read by non-lawyers. Each page begins with the essentials, then details the conditions, exceptions and cross-references.

The three levels

Who makes the rule
LevelAuthorAddresseesExample
International lawConference of StatesStates partiesUNESCO Convention 1970
OIMAP directiveAssembly of Member StatesStates and operatorsDirective No. 2019-03 on due diligence
National lawParliament or governmentIndividuals and companiesLaw on listed property

Landmarks

  1. The Hague

    First sector treaty.

  2. UNESCO

    Fight against illicit trafficking.

  3. Directives

    Common OIMAP rules.

  4. 61 States having transposed

    Near-universal adoption.

The most protective rule

Document Box (Ryōshibako) with Chrysanthemum and Plum (lid) (late 1800s-early 1900s)
Document Box (Ryōshibako) with Chrysanthemum and Plum (lid) (late 1800s-early 1900s)
Carved Lacquer Scroll Box (1736–95)
Carved Lacquer Scroll Box (1736–95)
Seal with Two Qilin Playing (1849)
Seal with Two Qilin Playing (1849)

National law or OIMAP law

Sweet Melancholy, Joseph-Marie Vien (1756)

National law

Law of the State concerned
  • Criminal or civil penalties
  • Local procedures
  • Special regimes

Applies as a last resort.

Letter Box, Ogata Kōrin (1700s)

OIMAP law

Directives and recommendations
  • Harmonisation
  • Mutual recognition
  • Mediation and arbitration

Provides the common basis.

Identifying the applicable rule

  1. Locate

    Determine the States concerned by the operation.

  2. Search

    Consult the legal library.

  3. Compare

    Match national and OIMAP texts.

  4. Decide

    Apply the most protective rule.

  5. Document

    Keep the justification.

Questions to ask before an operation

A corporate lawyer

Carnet (1863–1865)
« The hardest part is not applying a rule: it is knowing which one applies. »
Atty. Julien Perrin, in-house lawyer of a group of auction houses

Frequently asked questions

Are the OIMAP directives mandatory?

For Member States, yes; they bind operators once transposed.

Where can I see up-to-date texts?
A term escapes me: where should I look?

In the glossary.

Who can help me?

Useful documents

Contacts

The Grotto of Posillipo, Hubert Robert (c. 1769)
The Grotto of Posillipo, Hubert Robert (c. 1769)
Legal Affairs DepartmentParis — Headquarters+33 1 00 00 02 00juridique@oimap.exampleMonday to Friday, 9 am – 5 pm

Read the overview

The Triumph of Mordecai, Lucas van Leyden (1515)

Understand the architecture of the texts.

Overview
Image credits (22)
▲