Cultural Property, Policy, and Politics: Safeguarding China’s Antiquities through Bilateral Agreements

By Roxana Wang

Chinese cultural property has a history of being vulnerable to illicit trafficking. The scattering of invaluable Chinese artifacts during the “century of humiliation (1839-1949)” is frequently evoked in China’s national narrative. While cultural property lost in the 19th and early 20th centuries is hard to reverse, China is taking action to stall the continuous illicit exportation of its artifacts. Part of the effort is to sign MOUs with the U.S. under the framework of the Convention on Cultural Property Implementation Act (CPIA). In May 2023, China requested an extension of the MOU.^[1] In light of the current affair, this article reviews China’s long way to obtaining the MOUs and evaluates the current state and regulations of the Chinese antiquities market.

What is the Convention on Cultural Property Implementation Act?

For decades, or centuries, before 1970, cultural property has departed from their source countries due to colonization, looting, and smuggling. 1970 then became a landmark year, since it witnessed the birth of the Convention on the Means of Prohibiting and Preventing Illicit Import, Export and Transfer of Ownership of Cultural Property (hence referred to as the 1970 UNESCO Convention). The UNESCO 1970 Convention establishes the framework for the international circulation and repatriation of cultural property. In 1972, the U.S. Senate consented to ratifying the Convention.^[2]