Pages in this section
Overview of the legal frameworkThe architecture of the art market's rules: conventions, directives, national law and case law, and their relationships.›
Consolidated textsUp-to-date versions of the main texts applicable to the art market, with dates of entry into force and amendments.›
Legal glossaryThe legal terms of the art market explained simply: good faith, due diligence, limitation, rights holders, listing and more.›
Three levels of rules that fit together

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 in figures
Source: OIMAP Legal Affairs Department.
The three pages of the section



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
| Level | Author | Addressees | Example |
|---|---|---|---|
| International law | Conference of States | States parties | UNESCO Convention 1970 |
| OIMAP directive | Assembly of Member States | States and operators | Directive No. 2019-03 on due diligence |
| National law | Parliament or government | Individuals and companies | Law on listed property |
Landmarks
- The Hague
First sector treaty.
- UNESCO
Fight against illicit trafficking.
- Directives
Common OIMAP rules.
- 61 States having transposed
Near-universal adoption.
The most protective rule



National law or OIMAP law

National law
Law of the State concerned- Criminal or civil penalties
- Local procedures
- Special regimes
Applies as a last resort.

OIMAP law
Directives and recommendations- Harmonisation
- Mutual recognition
- Mediation and arbitration
Provides the common basis.
Identifying the applicable rule
- Locate
Determine the States concerned by the operation.
- Search
Consult the legal library.
- Compare
Match national and OIMAP texts.
- Decide
Apply the most protective rule.
- Document
Keep the justification.
Questions to ask before an operation
A corporate lawyer

« The hardest part is not applying a rule: it is knowing which one applies. »
Vocabulary of the legal framework
- Ratification
- Act by which a State undertakes to respect a treaty.
- Transposition
- Incorporation of a directive into national law.
- Mutual recognition
- Acceptance by each State of the acts of another.
- Soft law
- Non-binding but influential texts.
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?
In the consolidated texts.
A term escapes me: where should I look?
In the glossary.
Who can help me?
Useful documents
Contacts

Read the overview
Image credits (22)
- Sketches in Belgium and Germany, Volume I: Hall of Justice of the Magistrates du Franc, Bruges, Louis Haghe (1840) — Cleveland Museum of Art, CC0 1.0
- The Calumny of Apelles, Giorgio Ghisi (1560) — Cleveland Museum of Art, CC0 1.0
- The Judgment of Solomon and Esther before Ahasuerus (pair), Dirk Vellert (c. 1530) — Cleveland Museum of Art, CC0 1.0
- The Dance at the Court of Herod, Israhel van Meckenem (c. 1500) — Cleveland Museum of Art, CC0 1.0
- The Antechamber of the Palace of Justice, Paris, Charles Meryon (1855) — Cleveland Museum of Art, CC0 1.0
- Fish or Seal Club (X’ús’) (late 1800s–early 1900s) — Cleveland Museum of Art, CC0 1.0
- Coronation of the Virgin, Christoffel Jegher (1632–36) — Cleveland Museum of Art, CC0 1.0
- Dr. James Stuart; Mary Campbell Stuart, Gilbert Stuart (c. 1815) — Cleveland Museum of Art, CC0 1.0
- Teapot with Landscape and Imperial Poem, Chen Hanwen (1762–95) — Cleveland Museum of Art, CC0 1.0
- The Victory Banquet: from Battle Scenes of the Quelling of Rebellions in the Western Regions, with Imperial Poems (c. 1765–74; poem dated 1760) — Cleveland Museum of Art, CC0 1.0
- Portrait of John VIII Palaoelogus, Emperor of Constantinople, 1424-1428 (reverse), Pisanello (c. 1438–1439) — Cleveland Museum of Art, CC0 1.0
- Document Box (Ryōshibako) with Chrysanthemum and Plum (lid) (late 1800s-early 1900s) — Cleveland Museum of Art, CC0 1.0
- Carved Lacquer Scroll Box (1736–95) — Cleveland Museum of Art, CC0 1.0
- Seal with Two Qilin Playing (1849) — Cleveland Museum of Art, CC0 1.0
- Sweet Melancholy, Joseph-Marie Vien (1756) — Cleveland Museum of Art, CC0 1.0
- Letter Box, Ogata Kōrin (1700s) — Cleveland Museum of Art, CC0 1.0
- Carnet (1863–1865) — Cleveland Museum of Art, CC0 1.0
- The Grotto of Posillipo, Hubert Robert (c. 1769) — Cleveland Museum of Art, CC0 1.0
- Seal Color Box (1662–1722) — Cleveland Museum of Art, CC0 1.0
- Seal of Doge Michele Steno (reverse) (1400–1409) — Cleveland Museum of Art, CC0 1.0
- Chemin de fer de Toulouse à Bayonne. Pont de l'Aran (en trois arches de 17m d'ouverture chacune). Situation des travaux au 21 juillet 1861, Édouard Baldus (1861) — Cleveland Museum of Art, CC0 1.0
- The Triumph of Mordecai, Lucas van Leyden (1515) — Cleveland Museum of Art, CC0 1.0
Cleveland Museum of Art · CC0 1.0


Overview of the legal frameworkThe architecture of the art market's rules: conventions, directives, national law and case law, and their relationships.›
Consolidated textsUp-to-date versions of the main texts applicable to the art market, with dates of entry into force and amendments.›
Legal glossaryThe legal terms of the art market explained simply: good faith, due diligence, limitation, rights holders, listing and more.›