Revised on 7 November 2026. Should any information have changed, please notify me and I shall update it.
Provenance is the ownership history of an artwork from the moment it left the studio until the present day. When gaps exist, they may conceal theft, illegal export or spoliation, and the purchaser inherits the problem even if they have paid in good faith. Investigating before purchase costs less than resolving the doubt afterwards.
Warning signs
Provenance that begins recently without explanation. Changes of owner or country during a war or persecution. Archaeological objects without excavation or export documentation. A price that does not align. A seller who hinders enquiries. Contradictory documents. No single piece of evidence proves spoliation; collectively, they necessitate investigation before payment. The guide on artwork provenance explains how this history is reconstructed.
Where to look
INTERPOL's Stolen Works of Art Database, accessible to the public, with an associated mobile application. How to consult this and other databases before purchase is detailed in the guide on how to determine if an artwork is stolen.
Private registers of lost or stolen works, such as the Art Loss Register, which issue search certificates for a fee. A negative certificate indicates that the work is not in their database, not that its history is clear.
Databases on Nazi-era spoliation, maintained by institutions in various countries, for works that were in Europe between 1933 and 1945.
ICOM Red Lists, which do not list specific works but rather categories of items at risk by country, useful for antiquities and archaeology.
Gallery archives, exhibition catalogues and old auction records, which allow for the reconstruction of segments of the history.
The regulations
In the European Union, Law 1/2017 regulates the restitution between Member States of cultural goods that have left the territory of one of them illegally. For imports from outside the Union, Regulation (EU) 2019/880 has required, since 28 June 2025, a licence or an importer's declaration for certain categories of ancient goods; the guide on importing and exporting artwork provides details.
Regarding Nazi-era spoliation, Spain subscribed in 1998 to the Washington Principles, which are not a law but a commitment to seek 'just and fair solutions'. The Cassirer litigation concerning a Pissarro from the Thyssen collection demonstrates to what extent the applicable law and the history of each transmission can determine the outcome. Its procedural status should be verified at the date of any update. On Spain’s state collections, see what has been done since the 2024 announcement of a colonial review.
If you discover a problem after purchase
Do not sell the work or remove it from the country. Gather all documentation regarding the purchase and provenance. Consult a specialist solicitor before contacting anyone. Depending on the case, there may be a claim from the State of origin, the heirs of a dispossessed owner or an insurer that paid for the theft, as well as actions you may take against the vendor.
Good faith provides protection in some instances and not in others. Protection depends on the type of asset, the country and the timing, and cannot be summarised in a single rule.
Solutions other than return
Restitution may result from a legal obligation, an agreement, mediation or an ethical decision. Other solutions include acknowledgement, compensation, loans, shared custody, access or joint research. They are not interchangeable and depend on the case. The 2026 agreement between Greece and the Metropolitan Museum of Art combined return and loan; I discuss it in ‘Returned, then lent’.
Responsible acquisition
My criteria: request the provenance in writing before payment, with documents and not merely names. Be wary of vague phrases such as 'private European collection' without further data. If the work was in Europe between 1933 and 1945 and there is a gap in those years, investigate before purchasing. Consult the databases and save the result with a date: documenting what you investigated, and what you could not verify, is part of due diligence. And pay the entity selling the work by bank transfer, never to a third party.
Further reading
- Authenticity, attribution, and forgery: a guide for collectors
- Why a gallery asks you to identify yourself when purchasing an artwork
On the open conversation
If you investigate provenance or work in restitution, your experience may refine this guide. This notebook remains open.
Sources
- Law 1/2017, of 18 April, on the restitution of cultural goods that have left the Spanish territory or that of another European Union Member State illegally.
- Regulation (EU) 2019/880 on the introduction and the import of cultural goods; European Commission, guidance note.
- Washington Conference Principles on Nazi-Confiscated Art (1998).