ethical guidelines acquisitions

8/6/2019 Ethical Guidelines Acquisitions

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Number 1 second edition 2004

Ethical guidelinesAdvice from the Museums AssociationEthics Committee

AcquisitionGuidance on the ethicsand practicalities of acquisition

MUSEUMS

ASSOCIATION

Image courtesy of theBuilding of Bath Museum



The Museums Association EthicsCommittee has prepared theseguidelines, which aim to help all who workfor or govern museums in the UK to applyethical principles when acquiring items forthe permanent collection.* They includebasic principles, which are derived fromthe Museums Association’s (MA’s) Codeof Ethics for Museums and also underpinthe Museum Registration Schemeoverseen by the Museums, Libraries andArchives Council (MLA). The guidelinesdo not aim to give advice on the law.

This second edition takes account ofdeveloping views outlined in publicationsproduced since the first edition of theseguidelines in 1996. The web version ofthese guidelines may be updated fromtime to time to take account ofdeveloping thinking about acquisition.You are advised to consult this versionat www.museumsassociation.org tocheck for updates.

You will need to use your judgement inapplying these guidelines in specificsituations. If you are unsure about aproposed course of action – or feel thatit may breach these guidelines – you areencouraged to seek the confidentialadvice of the MA in advance.

The MLA endorses these guidelines and joins the MA in commending them tomuseums. The registration schemeembraces the principles set out here;these guidelines attempt to specify bestpractice and provide greater detail thanthe registration standard. Many of thepoints here will already be embodied inyour museum’s acquisition policy; it mayprove useful to incorporate others.

For the purposes of these guidelinesacquisition is the process of obtaininglegal title to an item with the intention ofusing it for museum purposes.Accession is the act of formallyincluding the item in the permanentcollection and recording it in the registerof the permanent collection (accessionsregister).

[* note: The guidelines also offer limitedadvice on the process of obtaining items

that will not be accessioned such asthose for handling, loan, destructiveresearch or demonstration collectionsthat are separate from the permanentcollection.]

1Introduction

Image courtesy of the BallymenaMuseum, County Antrim

Museums enable people to explorecollections for inspiration, learning andenjoyment. They are institutions thatcollect, safeguard and make accessibleartefacts and specimens, which theyhold in trust for society

Acquisition



These basic principles are takenfrom the Code of Ethics forMuseums. [Cross references torelated sections of the code aregiven in square brackets.] Museumsand all who work for or governmuseums in the UK are expectedto follow them. They apply equallyto gifts, bequests, purchases andacceptance in lieu. Furtherguidance on their interpretation canbe found in sections 3–7 below.

2.1 Collect according to detailed,published policies that state clearlywhat, how and why the museumcollects. Frame the acquisition policyin the light of the museum’s statedmission. Specify criteria and parametersfor future acquisitions that includetopics, time periods and geographicalareas. [Code 5.1]

2.2 Acquire an item only after thoroughconsideration of its long-term value,how it will be used and the availabilityof contextual information. [Code 5.2]

2.3 Acquire an item only if the museumcan provide adequate, continuinglong-term care for the item and publicaccess to it, without compromisingstandards of care and access relatingto the existing collections. [Code 5.3]

2.4 Cooperate rather than compete withother UK museums when collecting.Recognise that other institutionscollecting in the same or related fieldsmay have a stronger claim to acquisitionof a particular item. Resolve disputeswith other museums constructively andin the best interest of the public. Takeaccount of the interests not only of otherregistered museums but also of relatedpublic organisations, such as archives.[Code 5.5]

2.5 Take account of arguments for andagainst leaving items in their originalcontext. Recognise that individuals orcommunities may have a stronger claimto certain items than the museum.[Code 5.6]

2.6 Do not acquire an item if there iscause to believe that collecting itrecently damaged its original natural,historic, cultural or social context unless,in the opinion of a range of experts,there is an exceptionally strong reasonfor acquiring it. [Code 8.1]

2.7 Exercise due diligence when

considering an acquisition. Verify theownership of any item being consideredfor acquisition and that the currentholder is legitimately able to transfer title.[Code 5.7]

2.8 Reject any item if there is anysuspicion that, since 1970, it may havebeen stolen, illegally excavated or removedfrom a monument, site or wreck contraryto local law or otherwise acquired inor exported from its country of origin(including the UK), or any intermediatecountry, in violation of that country’s

laws or any national and internationaltreaties, unless the museum is able toobtain permission from authorities withthe requisite jurisdiction in the countryof origin. Reject any item that lacks asecure ownership history, unless thereis reliable documentation to show it wasexported from its country of origin before1970. (For limited exceptions see section4 and appendix H.) [Code 5.10-5.11]

2.9 Reject any item if there is anysuspicion that it was wrongfully takenduring a time of conflict, unless allowed

by treaties or other agreements.[Code 5.8]

2.10 Examine carefully the implicationsof, and record the reasons for, acceptingitems that will not be immediatelyaccessioned into the permanentcollection. (Acceptable reasons mayinclude loan, demonstration, handling,testing or retention pending a finaldecision to accession into the permanentcollection; see appendix D.) [Code 5.4]

2.11 Principles 2.6-2.9 apply equallyto inward loans, including loans fortemporary exhibitions.

3.1 Discriminate carefully in selectingitems to be acquired. Because of thecosts of collection care and access, noacquisition is free. Make decisions aboutacquisition with caution. Seek and acton advice, whenever necessary, fromcolleagues in other museums, museumsupport bodies, curatorial advisers andconsultants. Obtain, when necessary,specialist expertise through contracts orconsultancies when acquiring an item.

If you are thinking about whether to acquirean item for a museum’s permanentcollection consider all of the following

3.2 The origin and ownership historyof the item (see section 4).

3.3 Whether the item falls within thecriteria set by the acquisition policy;if not, see appendix B.

3.4 The relevance, importance and

long-term value of the item.3.5 How the museum will use the item.

3.6 The condition of the item.

3.7 The price of the acquisitionincluding: purchase price, transportcosts, immediate conservation costs,documentation and research costs.

3.8 The museum’s ability to safeguardthe item and provide access andexpertise in the long term.

3.9 The moral rights of individuals, groups,

societies or peoples to hold the item.3.10 The possibility of preserving theitem in situ; in some cases it may beappropriate to leave the item in situ evenif acquiring it for a museum collection.

3.11 The interests of other registeredmuseums and other public institutions(such as archives), which may have alegitimate interest in acquiring the item.The item may be better housed elsewherefor reasons of collections care, publicaccess, use, or context. Take account ofthe desirability of cooperative acquisitionbetween registered museums coveringthe same subject area.

3.12 The quality of information associatedwith the item, particularly informationabout its context.

2Basic Principles

Image courtesy of theCorinium Museum, Cirencester

3Selecting itemsto aquire



If you are thinking about whether toacquire an item for the museum’scollection (or borrow it on loan)investigate its origin and ownershiphistory by considering all of thefollowing

4.1 Confirm the legal title of the presentowner of the item and the right of the

owner to transfer title to the museum.Investigate whether there are anythird-party claims on the item.

4.2 Perform due diligence checks toensure that there is no suspicion thatsince 1970 the item might have beenexported, acquired, sold, illegallyexcavated or removed from amonument, site or wreck, or otherwisetransferred in contravention of:

• UK law• if applicable, the law of the country of

origin of the item and the law of anyother country through which the itemhas passed

• international law and internationalconventions on the protection orexport of cultural property or naturalhistory conservation (whether the UKgovernment is a signatory to the treatyor not; see section 4.9).

In addition, it is normally unacceptableto acquire antiquities of unknownprovenance. (For limited exceptions seesection 4.3.)

4.3 Reject any item that lacks secureownership history and do not acquire it,unless:

• there is reliable documentation toshow that it was exported from itscountry of origin before 1970; or

• in the best judgements of experts inthe field concerned the item is of minorimportance and has not been illicitlytraded; or

• in the case of items of UK origin, themuseum is acting as an externallyapproved repository of last resort

(see appendix H); or• in the case of objects originating

outside the UK, the museum is actingas a place of temporary safety (inwhich case do not accession the item;

see appendix H)• also see sections 4.4 and 4.15

4.4 Under some government policies,laws or conventions there may beprocedures to give museums consentto acquire an item that would otherwisebe unacceptable under the law orconvention. In such cases it is vital to

obtain such consent before acquiringthe item. It will often be necessary toobtain approval of the governmentof the country of origin as well as thatof the UK government.

4.5 It is sometimes acceptable toaccession an item of unknownprovenance found on museum premisesor offered by another museum or publicinstitution. However, make and recordattempts to ascertain the ownership andprovenance of the item, as difficultieswith legal title may arise in future.

4.6 Reject any item if there is any suspicionthat it was wrongfully taken during a timeof conflict, unless allowed by treaties orother agreements. Carefully assess thesignificance of any gaps in the ownershiphistory of an item during the Holocaustperiod, 1933–45 (see further information).

4.7 Refrain from acquiring an item ifthere is any suspicion that it has recentlybeen removed insensitively from itsoriginal context unless, in the opinion ofa range of experts, there is anexceptionally strong reason for acquiring it.

4.8 Reject any item if there is anysuspicion that it has been stolen unless,in exceptional circumstances, this is tobring it into the public domain, inagreement with the rightful owner.

4.9 Comply not only with treaties whichhave been ratified by the UKgovernment, but also uphold theprinciples of other international treatiesintended to curtail the illicit trade, iflegally free to do so (see appendix G).

4.10 Seek advice from colleagues inother museums and appropriate expertsboth in the UK and overseas for anyinformation or advice that may benecessary to inform judgement regardingthe legitimacy of items considered for

acquisition or inward loan. Be transparentin your actions. Do not take risks alone.

4.11 Decline to offer expertise on,authenticate, or otherwise assist thecurrent possessor of any item that mayhave been illicitly obtained, unless it is toassist law enforcement or to supportother organisations in countering illicit

activities. It may be acceptable to recordinformation about suspected illicit items,but do not allow the information to beused inappropriately for personal orinstitutional benefit. Take advice fromimpartial experts if necessary.

4.12 Report any suspicion of criminalactivity to the police. Report any othersuspicions of illicit trade to othermuseums collecting in the same areaand to organisations that aim to curtailthe illicit trade (see appendix F).

4.13 Avoid appearing to promote ortolerate the sale of any material withoutadequate ownership history throughinappropriate or compromisingassociations with vendors, dealers orauction houses. Do not borrow items ifthere is any suspicion that they may beillicit. Refuse to lend items to anyexhibition that appears likely to includeillicitly traded items.

4.14 Prior to acquiring an item be awareof the terms and conditions of anyfunding bodies assisting financially in theacquisition. Consider consequences forthe museum in the event of the itembeing returned to the rightful owner if itlater emerges that the item was illicitlytraded (despite the best endeavours ofthe museum to ensure this was not thecase when the acquisition was made).

4.15 If it is not possible to obtaindocumentation to confirm an item’sprovenance then it is acceptable insteadto obtain a written statement from anindividual who knows the item’s history.In the case of high-risk categories ofmaterial these must be swornstatements (affidavits) made by thevendor/donor or his/her agent. This onlyapplies if you have no suspicion that theitem might otherwise fall below thestandards set out elsewhere in section 4.

4Due diligence, ownershiphistory and illicit traffic

Image courtesy of the Astley CheethamArt Collection, Stalybridge



Once an item has been selectedfor acquisition, the followingprocedures are good practice

5.1 Ensure that the final decision toacquire the item is made appropriatelywithin the procedures of the museumand that no one exceeds their powers.Ensure the governing body has

approved the acquisition, if necessary.5.2 Obtain unambiguous evidence ofthe transfer of title to the museum.Ensure that the owner completes atransfer of title form (for details seeSpectrum in further information). Takecare when acquiring items from minorsthat they have the legal right to transfertitle to the museum. It is normally best toobtain the written agreement of theperson’s parent or guardian.

5.3Where possible acquire copyright andother rights in the item through informedconsent. Note that these may not belongto the owner of the item, but to the ‘author’ – artist, photographer, etc (also see 7.6).

5.4 Avoid any risk of conflicts of interestduring an acquisition. Prevent anyperson or organisation with anypossibility of financial or personal gainfrom the acquisition from involvement inmaking the decision to acquire the item.Where a conflict of interest might arise,ensure that the public interest prevails;obtain a written declaration of interestand keep it on record. This applies, forexample, if the item is being purchasedfrom or donated by a member of thegoverning body.

5.5 Purchasing items from a member ofstaff is discouraged. If a museum doesnevertheless decide to purchase an itemfrom a member of staff, then do not paymore than the price the member of staffpaid for it if purchased recently. Otherwise,obtain independent valuations andensure that the individual selling to themuseum plays no part whatsoever in themuseum’s decision-making concerningthe purchase.

5.6 Require any individual ororganisation collecting on behalf of amuseum to apply the same standards ofbehaviour as would the museum itself.

These points apply in addition tothose in sections 2–5

6.1 Gifts and Bequests

6.1.1 Unwanted offersa A museum is under no obligation toaccept an offer of a gift or a bequest. Ifthe items offered do not meet the criteriaset out above in sections 3 and 4, refusethem, firmly and tactfully, explainingthe reasons why. Note that a museumthat does not wish to accept a gift orbequest must make this clear in writing;if this is not done it may inadvertentlybecome the legal owner by default.

b Refuse unwanted, unsolicited offersin writing and return them, even if themuseum has been advised that theyneed not be returned.

c Consider informing the intendingdonor (or their representative) about

other registered museums that may beinterested in the unwanted items, orsuggest that they may wish to offerthem to registered museums in general;for example, via a notice in MuseumsJournal. Alternatively suggest that thedonor may wish to offer the items toother organisations such as schools orreminiscence groups.

d Do not forward the item to anothermuseum (or organisation) without receivingprior permission in writing from both themuseum and the intending donor.

e With prior agreement from the donorit may be appropriate to accession onlya selection of the items offered, ifnecessary accepting others only on thecondition that the museum does nothave to retain them. Do not accessionsuch items and prevent any suggestionthat they have been part of the museum’spermanent collection. Consider imposinga condition to this effect on the newowner, if they are passed on.

6.1.2 All types of donationsa Ensure the donor is aware of the financialvalue and cultural significance of theproposed gift. It is fair to suggest that heor she seeks an independent valuation orassessment (for further advice onobtaining items from individuals see 6.2.6).

b It may be appropriate to suggest tothe donor that a financial donation wouldbe welcome to support the long-termcosts associated with the acquisition.

c If appropriate, agree the form ofacknowledgement that will be made tothe donor, and ensure that it is made.

6.1.3 Unconditional donationsMake very clear to the donor the termson which the museum is willing toaccept the item. To prevent futuremisunderstanding, stress that the itemmay not be on permanent public displayand that title will be permanentlytransferred to the museum (for guidanceon recommended wording to useregarding unconditional donations referto appendix E).

6.1.4 Conditional donationsa If the donor wishes to apply conditionsto the gift, carefully consider the resourceand other management implicationsbefore deciding whether to proceed withthe acquisition. The governing bodymust agree in advance to accept anyconditions as it will be responsible forensuring that they are carried out, oftenin perpetuity. Record the wishes of thedonor and put in place administrativemechanisms to ensure that they arecomplied with.

b It is wrong to lead a donor to believethat conditions attached to a gift areperpetual when they may not be.Donor’s conditions can be perpetualonly when they are in the form of acharitable trust. If the museum is willingto accept perpetual conditions, suggestto the donor that the gift is made undera deed that constitutes the item withcharitable status. Take specialist legaladvice, and advise the donor to taketheir own specialist legal advice, if thisis being considered.

6.1.5 Unsolicited anonymousdonations:Discourage unsolicited anonymousdonations. Dealing with these can belegally problematic. The MuseumDocumentation Association (MDA) cangive a limited amount of further advice.

5Acquisition procedures:all types of acquisition

6Acquisition procedures:extra considerations for

specific types of acquisition



6.2 Purchases

6.2.1 If purchasing from a dealer orauction house always bear in mind theadvice caveat emptor – buyer beware.

6.2.2 Inspect and check the condition ofthe item. If necessary take specialistadvice and commission an independentcondition report. Ask about anyconservation or restoration work carriedout on the item. Inspect any existingscientific report; if necessary,commission independent scientific teststo determine authenticity.

6.2.3 Secure the item on the mostfavourable terms possible in cases whenthe item is on open sale. This includesitems offered by private galleries,dealers and auction houses, and at alltypes of public sale.

6.2.4 Where an item is acquired from a

dealer, research the value of the item,using independent valuations. Expect tonegotiate a museum discount.

6.2.5 Where an item is on offer atauction attempt to bid at the auction,rather than wait until a dealer haspurchased it. Research the likely biddinglevel. Do not disclose interest, whichcould lead to an inflation of the price (butsee 6.2.7). Consider using an agent tobid on the museum’s behalf for items ofhigh financial value.

6.2.6 If an individual member of thepublic offers an item for sale directly tothe museum, make it clear if themuseum does not intend to pay the fullmarket price. It is good practice tosuggest that the seller seeks anindependent valuation if they have notalready done so. Although the widestpublic interest would be served bypaying the lowest possible price, weighagainst this the duty to deal fairly withindividuals. This will enhance publicconfidence in the museum. (Note thatthere may be financial benefits to both

the museum and the vendor if the itemis purchased under private treaty sale.)

6.2.7 When purchasing at auction beaware of the auction house’s standardterms and conditions on legal title and

illicit trade. In order to satisfy therequirements of section 4, you willusually need to seek assurances andinformation additional to that publishedin the auction catalogue. This is moreimportant than concealing your interestin the item (see 6.2.5).

6.2.8 When purchasing from a dealer do

not make any assumptions about thelegitimacy of the item. Ask for writtenconfirmation and documentary proof tomeet the requirements of section 4.Obtain written assurances that theperson purporting to sell the item hasevidence that they are the actual owner;the owner confirms that they areempowered to sell the item and transfertitle to the museum; to the best of theowner’s knowledge and belief there areno third party claims on the item.

6.2.9 If an appeal is made to raise funds

to purchase a proposed acquisition,specify in the appeal document the usethat will be made of money raised if theacquisition is not made (for examplespecify whether, if it proves impossibleto raise enough money, those fundsraised will be put towards other futureacquisitions, collections care, or publicservices). Also ask donors if theircontribution can be made public.

6.2.10 If grants or other outside funds,including funds from a Friends’organisation, are used to purchase an

acquisition, then the governing bodymust approve any conditions inadvance. Record them and put in placeadministrative mechanisms to ensurethat they are complied with.

6.2.11 If unwanted items accompany anitem purchased for the collection (forexample as part of a mixed lot atauction), do not accession them into thepermanent collection. They may beretained outside the permanentcollection, for example as handlingmaterial, or they may be offered to other

museums or sold. Prevent anysuggestion that they have been part ofthe museum’s permanent collection. Itmay be sensible to impose a conditionto this effect on the new owner.

6.3 Fieldwork

6.3.1 Do not acquire an item if there iscause to believe that collecting itrecently damaged its original natural,historic, cultural or social context unless,in the opinion of a range of experts,there is an exceptionally strong reasonfor acquiring it.

6.3.2 Exercise sensitivity and seekprofessional advice whenever acquiringitems or information from fieldwork.Always consider the desirability ofrecording and preserving items wherethey are. Uphold guidelines issued byrelevant bodies such as the Oral HistorySociety and the Museum EthnographersGroup.

6.3.3 Obtain documentary evidence thatall items have been collected legally,without infringing either the national lawsin countries of origin or internationalregulations such as CITES (seeappendix G). Do not acquire if thisevidence is not provided.

6.3.4 Communicate clearly withindividuals and communities (and,if outside the UK, authorities in thecountry where fieldwork is taking place)over the purpose that the item orinformation would serve in the museum.

6.3.5 Have open discussions about theownership of copyright and otherintellectual property rights in the items

and information collected.6.3.6 If necessary translate documentstransferring title and dealing with otherrights into a language that can be easilyunderstood by the person asked to signthe documents.

6.3.7 Obtain information about the itemor context, such as field notes andphotographs.

6Continued…

Image courtesy of the Petrie Museumof Egyptian Archaeology, UCL



6.4 Human Remains

Human Remains legislation, policyand practice are changing at thetime of publication (2004). Theyseem likely to continue changing forseveral years. You are advised toseek up-to-date advice

6.4.1 It is not possible to obtain legaltitle to human remains (an exception tothis may apply if human skill has beenapplied to the remains). The usualprinciples that apply to acquisition donot all apply to human remains. It ispreferable to formulate a museum’sholding of human remains in terms ofrights and responsibilities rather thanownership.

6.4.2 It is normally unacceptable topurchase human remains.

6.4.3 Make checks to ensure that

human remains being considered by themuseum are properly authorised. Thisis a complex area of law; take specialistadvice. Be aware that human remainsobtained as part of an archaeologicalexcavation may require reburial as acondition of the permission that wasgiven for the exhumation.

6.4.4 Consider acquiring humanremains only if the museum has theexpertise to do so and adheres toa published policy.

Once an item has been acquired,the following are good practice

7.1 Confirm that transfer of titledocumentation has been completedand that the museum intends to retainthe item in perpetuity. (If there aredoubts about whether the item shouldbe in the permanent collection, see

appendix C.)7.2 Update the museum’s records.Carry out documentation procedures asdescribed in Spectrum includingaccessioning the item into thepermanent collection.

7.3 Record information about the itemand its context. Undertake furtherresearch if necessary.

7.4 Display or store the item inappropriate conditions.

7.5 Make the item and relatednon-confidential documentation publiclyaccessible as soon as possible.Do not allow the need to care for items,in terms of security and conservation, tounreasonably compromise the provisionof public access.

7.6 If the item was a gift, send a letterof acknowledgement to the donor.

7.7 Record information about copyrightand other rights. It is particularly importantto attempt to obtain such informationif the museum has not acquired any

copyright along with the item. There mayalso be a need to take account of otherrights, such as any arrangements withthird parties in respect of reproductionrights in the item (see further information).

7.8 It is good practice to report allacquisitions to the governing body, atleast annually, even if it is not part ofmuseum procedures for the governingbody to formally approve them. This willenable the governing body to be awareof the long-term resource implicationsand to satisfy itself that the acquisition

policy has been adhered to. It is bestpractice for the governing body toreceive regular reports of what has beenacquired, how each item meets theobjectives of the acquisition policy, the

resources required to acquire the itemand the estimated long-term cost of theacquisition.

7.9 Open acquisition procedures toexternal audit, especially details of duediligence enquiries made to determinethe legitimacy of an acquisition.

7After acquisition

Image courtesy of theStained Glass Museum, Ely



A.1 From the above, it is clear that thefollowing categories of item cannotnormally be acquired ethically:

• items to which the museum cannotobtain title, or that may have beenillegally sold, acquired, exported or

otherwise transferred• items for which there is any suspicionthat they have been excavated,removed, sold, acquired, exported orotherwise transferred in contraventionof any national or international treaty(with the limited exceptions in section 4)

• items outside the museum’s acquisitionpolicy (for possible exceptions seeappendix B)

• items better owned by another museumor public institution for reasons of care,access, use or context

• items for which the museum cannot

provide long-term care and access• items better held for moral reasons by

individuals, groups, societies or peoples.

B.1 If, in very exceptional circumstances,your museum is considering acquiringan item that does not meet the criteria ofthe acquisition policy (for example, anunexpected gift or bequest, or somethingthat needs to be urgently ‘saved’ becauseit would otherwise be destroyed) thenpay particular attention to:

• whether a different registered museum,(or other public organisation,) would bea better owner of the item for reasonsof use, context, care or public access

• whether the museum has theresources to provide long-term carefor, and access to, the item (to ensurethat it really will be ‘saved’)

• whether acquiring the item would beat the expense of care for, and accessto, items already in the collection.

B.2 The governing body must approvethe acquisition in advance. If a museum

collects such an item, it may be best todelay accessioning it into the permanentcollection, pending a review (seeappendix C).

B.3 In the light of the acquisition, it maybe valuable to consider revising theacquisition policy.

C.1 If a museum is unsure about thelong-term value of a proposedacquisition, it may wish to obtain legaltitle to it, but delay accessioning it intothe permanent collection pending areview. After a stipulated period, assessthe item and decide whether to:

• accession to the permanent collection

• use for museum purposes other thanthe permanent collection, such as ahandling or education collection

• remove from the museum’s ownership• review again in the future.

C.2 Opinions are divided about thedesirability of such an approach.It would allow a museum time for carefulconsideration before accessioning items.However, it could lead to indecision anda large quantity of ‘reviewable’ items ofuncertain status that are inadequatelycared for, inaccessible and badly

documented, and for which resourcesnever become available. It is clearlyessential that there is a regular formalreview process, for example by anacquisition committee, with adequaterecord keeping. It is also essential thatall requirements in sections 3–7 are met,even though the acquisition is reviewable.

Appendix AUnacceptable acquisitions

Appendix BItems outside the scopeof the acquisition policy

Appendix CReviewable collecting

Appendices



D.1 Museums obtain items for purposesother than the permanent collection. Forexample:

• for regular demonstration/use/ operation

• for handling/loan/education• for spare parts/destructive testing.

D.2 Practices vary from museum tomuseum. In some, demonstration orhandling collections are part of thepermanent collection, but in others theyare separate. If the latter applies, toavoid any future misunderstanding, it isimportant to make it clear to the donorthat the museum does not intend toretain the item in perpetuity. It may benecessary to agree what the museumcan do with the item when it is no longerrequired.

D.3 Ensure that the criteria laid downabove in sections 4-6 about, forexample, the provenance of the item,the fairness of the purchase price andthe legal title of the current owner aremet, as if the item was being acquiredfor the permanent collection.

D.4 It is also wise to obtain contextualinformation about the item; it will beuseful for many reasons and in particularif the item is required for the permanentcollection in future. Properly documentitems outside the permanent collection.

D.5 Accession all items that the

museum intends to retain permanentlyinto the permanent collection.

E.1 It is recommended that any informationa museum distributes to donors regardingunconditional donations should includethe information below. This wording wasdeveloped in consultation with the LocalGovernment Ombudsman for England.

E.2 For use before, or at the time, atransfer of title is signed by the donor

The museum is grateful for your generousgift. So that we can accept your gift weask you to sign a form, called a transfer oftitle form. We can only accept your giftwithout conditions. This means that yourgift will become the museum’s propertyand you and your family will not be ableto claim the gift back. In addition, we willnot have to consult you about any usewe make of your gift. This includes how itis displayed and whether it is lent to othermuseums. If, in exceptional circumstances,we no longer require it, we will disposeof it in accordance with the guidelinesof the Museums Association, whichfavour transfer to another museum.Our collections are large and this meansthat very few gifts are put on permanentpublic display. When not on display theyare carefully stored and are available forresearch and education purposes.

E.3 For use if a transfer of title hasalready been signed (for example aspart of a letter of acknowledgement)The museum is grateful for your generousgift. Your signature on our transfer of titleform means that you have given the giftto the museum without conditions. Thismeans that your gift is now the museum’sproperty and you and your family will notbe able to claim the gift back. In addition,we will not normally consult you about anyuse we make of your gift. This includeshow it is displayed and whether it is lentto other museums. If, in exceptionalcircumstances, we no longer require it,we will dispose of it in accordance withthe guidelines of the Museums Association,which favour transfer to another museum.Our collections are large and this means

that very few gifts are put on permanentpublic display. When not on display theyare carefully stored and are available forresearch and education purposes.

F.1 At the time of publication there is asyet no single formal system forinvestigating and dealing with items thatmay have been illicitly traded. It is clearfrom section 4 that a museum must notacquire such items. In addition there isa duty to report the items to at leastone organisation with expertise on, orinterest in, the illicit trade in culturalmaterial. Such organisations include:

• the police – both locally and the artsand antiques squad of the MetropolitanPolice, if criminal activity is suspected

• HM Customs and Excise• the Department for Culture, Media and

Sport (the DCMS cultural property unithas UK-wide responsibility for manyaspects of illicit trade) www.culture.gov.uk

• high commissions, embassies orother authorities of the country oforigin, if known

• the Art Loss Register www.artloss.com• the Commission for Looted Art in

Europe (for art spoliated in the Naziperiod in particular)www.lootedartcommission.com

• Invaluable www.invaluable.com• the Illicit Antiquities Research Centre

at the McDonald Institute forArchaeological Research, University ofCambridge www.mcdonald.cam.ac.uk /IARC/home.htm

• experts in other museums, particularlythe British Museum.

Appendix DCollecting other than forthe permanent collection

Appendix EGuidelines for donors tomuseums who give itemsunconditionally

Appendix FOrganisations that may becontacted where there issuspicion that an item hasbeen illicitly traded



G.1 Conventions with which the UKmust comply:

• The Convention on International Tradein Endangered Species of Wild Faunaand Flora (CITES)

• Unesco 1970 Convention on themeans of Prohibiting and Preventingthe Illicit Import, Export and Transfer

of Ownership of Cultural Property.G.2 Conventions that should also beconsidered:

• Convention for the Protection ofCultural Property in the Event ofArmed Conflict (The Hague, 1954 andits first and second protocols; the UKis working towards accession)

• Unidroit 1995 Convention on Stolenor Illegally Exported Cultural Objects

• Unesco 2001 Convention on theProtection of the Underwater CulturalHeritage

• Unesco 2003 Convention for theSafeguarding of the Intangible CulturalHeritage.

Details of these treaties can be found onthe Unesco website www.unesco.org/ culture/laws/html_eng/conven.shtml

For CITES see www.cites.org

H.1 A museum faced with an importantillicit item is faced with a dilemma: if itrejects it, the item may disappear intothe art trade, or the hands of a privatecollector, never to be seen again. Ingeneral the consensus is that the museumshould nevertheless reject the item.Thinking on this area is still developingbut there may be two exceptions.

Objects illicitly removed from acountry during recent or continuingwar, conflict or other instabilityH.2 In this case a museum may wish totake temporary custody of an item untilit can safely be returned to its country oforigin. If so the following principles mustbe adhered to:

• obtain approval of an organisation withappropriate, internationally recognisedauthority such as Unesco, theInternational Council of Museums

or legitimate authorities in the countryof origin

• do not purchase the item• do not take direct ownership of the

item, but hold the item temporarily intrust on behalf of the people of thecountry of origin

• follow the advice of organisations withappropriate internationally recognisedauthority. Review the situationregularly. Return the item to its countryof origin as soon as advised to do so

• publish full information about themuseum’s activities and full details ofany items it is holding for temporarysafety.

Items, particularly archaeologicalitems, that appear to originatewithin the local collecting area ofthe museum but do not have a clearownership historyH.3 There are legal risks in acquiringsuch items; take specialist advice. Inmany cases legal considerations willmake it impossible to safely acquire theitem. Do not take the advice here as asubstitute for legal advice.

H.4 If a museum is offered an item ofimportance that appears to originatefrom its local collecting area but lackssecure ownership history it may feel itappropriate to act as a ‘repository of lastresort’ for the item and so acquire it.Thinking in this area is not fullydeveloped, but adhere to the followingprinciples:

• consider doing this only if the item isof unusual importance and will make asignificant contribution to knowledge

• consult widely and publicly in anattempt to determine the true historyof the item and whether there is arightful owner

• take advice from experts in othermuseums about the acceptability ofacquiring the item. Request this adviceformally and record it permanently sothat a proper audit can be made of thedecision. Do not act alone

• take care that any payment for theitem does not stimulate illicit activity

• if in spite of all these checks a rightfulowner later emerges, the museum willof course, have to give the item tothem and may not be able to obtainany compensation for any price it paidfor the item

• the museum may be subject tocriminal or civil proceedings.

Appendix GInternational conventions

Appendix HImportant items ‘at risk’that may have been illicitlyexcavated, removed ortraded



Basic principlesThe version of these guidelines onthe MA website may be updatedfrom time to time to take accountof developing thinking in this area.www.museumsassociation.org

The basic principles in these guidelinesfollow those contained in the following

documents: Code of Ethics for Museums:Ethical Principles for All Who Work foror Govern Museums in the UK, MuseumsAssociation 2002, especially section 5

Museum Registration Standard, Museums,Libraries and Archives Council, 2004

Standards in the Museum Care ofCollections, vols 1–5, Museums andGalleries Commission, 1992–95

Benchmarks in Collection Care forMuseums, Archives and Libraries: ASelf-Assessment Checklist, Resource,

now Museums, Libraries and ArchivesCouncil, 2002

Documentation and record keepingSpectrum: The UK MuseumDocumentation Standard, secondedition, revised and edited by JeffCowton, Museum DocumentationAssociation, 1997 (new editionforthcoming). MDA, The SpectrumBuilding,The Michael Young Centre,Purbeck Road, Cambridge, CB2 2PDTel: 01223 415760 Fax: 01223 415960www.mda.org.uk/spectrum.htm

The law and International Conventions

Publications and website of the Instituteof Art and Law, 1–5 Cank Street,Leicester LE1 5GX Tel: 0116 253 8888Fax: 0116 251 1666 www.ial.uk.comThe Legal Status of Museum Collectionsin the UK, Museums and GalleriesCommission, 1996

A Legal Primer on Managing MuseumCollections, Marie C Malaro,Smithsonian Institution Press, 1985,ISBN 0 87474 697 3 (pbk) or 0 87474656 6 (hbk), deals with the law in theUnited Sates of America, but also coversmany other issues related to acquisition

Spectrum as above

Unesco website:portal.unesco.org/culture/en

The long-term cost of acquisitionsThe Cost of Collecting: CollectionManagement in UK Museums, BarryLord, Gail Dexter Lord and John Nicks,1989, ISBN 0 11 29046 9, HMSO

Human remainsThe Report of the Working Group onHuman Remains, Department forCulture, Media and Sport, 2003

Guidelines on Human Remains, EnglishHeritage and the Church of England,forthcoming (2004)

CopyrightA Guide to Copyright for Museums andGalleries, Peter Wienand, Anna Booy andRobin Fry, 2000, ISBN 0 415 21721 0,Routledge

also see the MDA websitewww.mda.org.uk

OtherEthical Guidelines Number 2, Disposal:Guidelines on the Ethics andPracticalities of Disposal, MuseumsAssociation, 1996

Selection, Retention and Dispersal ofArchaeological Collections: Guidelinesfor use in England, Wales and NorthernIreland, Society of MuseumArchaeologists, 1993www.socmusarch.org.uk

Stealing History: The Illicit Trade inCultural Material, Neil Brodie, JennyDoole and Peter Watson, The McDonaldInstitute for Archaeological Research, MA/

ICOM UK, 2000, ISBN 1 902937 10 4Ministerial Advisory Panel on Illicit Trade,Report, Department for Culture Mediaand Sport, 2000

Statement of Principles on the Spoliationof Works of Art During the Holocaust andWorld War II, National Museum Directors’Conference, 1998. Associated informationat www.nationalmuseums.org.uk

Cultural Property: Return and IllicitTrade, House of Commons Culture,Media and Sport Committee, 2000

Cultural Objects: Developments Since2000, House of Commons Culture,Media and Sport Committee, 2003

Specific adviceFurther detailed advice on specificcases can be provided by:

Ethics, The Museums Association,24 Calvin Street, London E1 6NWTel: 020 7426 6955 Fax: 020 7426 6961Email: [email protected]

The Museums, Libraries and ArchivesCouncil, 16 Queen Anne’s Gate, LondonSW1H 9AA Tel: 020 7273 1444 Fax:020 7273 1404 Email: [email protected]

Your regional/national agency formuseums, archives and libraries,or other relevant regional/nationalsupport body.

It is recommended that prior advice betaken if there is any likelihood ofbreaking these guidelines.

©Museums Association 2004.All rights reserved. These guidelines may bephotocopied for use within museums in the UK,subject to the condition that they are alwaysphotocopied in their entirety. Copying for otherreasons is prohibited

Issued by the Museums Association EthicsCommittee

Registered charity no 313024

If you would like these guidelinesin other formats please discuss yourrequirements with the MuseumsAssociation.

Furtherinformation

Image courtesy ofColchester Museum



For further information about theMuseums Association, includingdetails of membership, publicationsand other services contact:

Museums Association24 Calvin StreetLondon E1 6NW

T: 020 7426 6970 F: 020 7426 6961E: [email protected]

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Image courtesy of theWillis Museum, Basingstoke

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