A recent and interesting Customs dispute featured by the Antiques Trade Gazette caught our attention.
7 pieces of Art by Souza (4) and Padamsee (3) were acquired at a Roseberys and Lyon & Turnbull auction. When the buyer (an Indian gentleman) tried to import them to India, the works of art were impounded by the Indian Customs authority on the grounds of obscenity, the buyer was also fined 50,000 rupees.
On appeal, the court stated:
“The Assistant Commissioner of Customs has failed to appreciate that sex and obscenity are not always synonymous,” the court observed. “Every nude painting or every painting depicting some sexual intercourse poses cannot be styled as obscene.”
It went on to comment that Customs had used personal interpretations instead of distinguishing between art and obscene images.
This case raises an interesting point, and one we are interested in exploring. We know of a few companies that have faced adverse and costly customs decisions. Indeed we have been involved in Expert Witness statements to reinforce an objective viewpoint.
Has your company faced challenges with importing or exporting because of the ‘personal interpretations’ of Customs Officials?
Thank you Antiques Trade Gazette for highlighting the case.