Terrorism Legislation: What Art Dealers Need to Know
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Terrorism Legislation: What Art Dealers Need to Know

The Compliance Canvas returns to break down what your obligations are under the Terrorism Act 2000.

Compliance Canvas

The recent arrest of a dealer featured on Bargain Hunt under terrorism legislation is a stark reminder that the art and antiques market is not immune from serious legal scrutiny.

The conviction of Oghenochuko Ojiri in June, for failing to notify authorities of his sale of artwork to a sanctioned individual, Nazem Ahmed, sent shockwaves across the trade.

The arrest underscored the importance of understanding legal obligations in relation to the Terrorism Act 2000 (which aims to consolidate previous UK anti-terror laws into a single code), and financial sanctions more broadly. The 53-year-old was sentenced to two years and six months imprisonment over the sale of the works, which totalled £140,000 and have since been seized by police.

Why It Matters

Terrorism legislation is far reaching- it criminalises not only direct involvement in terrorism but also the funding, facilitation, and failure to report suspicious activity. This includes handling, trading, or brokering items where the proceeds may support terrorist activity, whether knowingly or through negligence.

Art dealers are at risk if:

  • They trade items from conflict zones 
  • They cannot demonstrate provenance or due diligence
  • They ignore red flags in client behaviour or item origin

Key Compliance Tips

  1. Know Your Customer (KYC):
    Always verify the identity of buyers and sellers, especially for high-value or international transactions. Look out for shell companies or unusual payment methods.

  1. Establish Provenance:
    Demand clear, documented history of items. Be cautious of objects from high-risk regions or with sudden appearances on the market.

  1. Watch for Red Flags:
    These include clients unwilling to provide ID, rushed sales, reluctance to discuss provenance, or inconsistent documentation.

  1. Report Suspicious Activity:
    If you suspect a transaction is linked to criminal or terrorist funding, file a Suspicious Activity Report (SAR) with the National Crime Agency. Failure to report could be a criminal offence.

  1. Keep Records:
    Maintain records of all transactions, due diligence checks, and communications. These are crucial if you're ever investigated.

Stay Informed, but efficient

Art dealers must take these risks seriously but by embedding compliance into daily operations and seeking guidance whenever you are unsure, it is possible to protect your business (without a mountain of paperwork).

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