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Spain Says Banker’s Seized Picasso Will Head Back Home Spain Says Banker’s Seized Picasso Will Head Back Home
(about 17 hours later)
PARIS — To the Spanish authorities, Picasso’s 1906 “Head of a Young Woman” is a unique painting, the only example in Spain from a pivotal period in the artist’s life. Because of that status, the courts labeled it a “national treasure” that should not be sold outside the country. PARIS — To the Spanish authorities, Picasso’s 1906 “Head of a Young Woman” is a unique painting, the only example in Spain from a pivotal period in the artist’s life. Because of that status, the courts labeled it a “national treasure” that should not be sold outside the country.
In the view of Jaime Botín, a member of a wealthy Spanish banking dynasty, the work is simply his personal property. Purchased in 1977 and kept on a yacht docked along Spain’s Mediterranean coast, it is valued at as much as 26 million euros, or $28.3 million, in today’s booming art market.In the view of Jaime Botín, a member of a wealthy Spanish banking dynasty, the work is simply his personal property. Purchased in 1977 and kept on a yacht docked along Spain’s Mediterranean coast, it is valued at as much as 26 million euros, or $28.3 million, in today’s booming art market.
But on Friday, after an apparent tip from the Spanish authorities, it was seized by French customs officials from the yacht, which had docked in Corsica. The Spanish government contends that Mr. Botín was trying to move the Picasso to Switzerland for sale, in defiance of a court ruling invoking a Spanish law meant to shield such works of art from export.But on Friday, after an apparent tip from the Spanish authorities, it was seized by French customs officials from the yacht, which had docked in Corsica. The Spanish government contends that Mr. Botín was trying to move the Picasso to Switzerland for sale, in defiance of a court ruling invoking a Spanish law meant to shield such works of art from export.
It is only the latest collision of powerful forces in the art world, where demand from the superrich has enticed owners to sell their treasures, even as national governments scramble to keep such works at home.It is only the latest collision of powerful forces in the art world, where demand from the superrich has enticed owners to sell their treasures, even as national governments scramble to keep such works at home.
Many countries, including Germany and Ireland, are weighing new export controls for cherished artworks, like several Rubens paintings that had been selected for auction this year by the Russborough House museum in eastern Ireland.Many countries, including Germany and Ireland, are weighing new export controls for cherished artworks, like several Rubens paintings that had been selected for auction this year by the Russborough House museum in eastern Ireland.
Spain has had such a protectionist law for 30 years, and the seizure of the Picasso is being closely watched as an illustration of how an attempt to protect state interests can clash with private ownership rights.Spain has had such a protectionist law for 30 years, and the seizure of the Picasso is being closely watched as an illustration of how an attempt to protect state interests can clash with private ownership rights.
Rafael Mateu de Ros, Mr. Botín’s lawyer in Madrid, said in a statement that his client would file an appeal to Spain’s Supreme Court, arguing that the painting could not have been exported unlawfully because it was purchased abroad, and its permanent address was aboard the yacht, the Adix, which is registered in Britain. Rafael Mateu de Ros, Mr. Botín’s lawyer in Madrid, said in a statement that his client is pressing an appeal to Spain’s Supreme Court, arguing that the painting could not have been exported unlawfully because it was purchased abroad, and its permanent address was aboard the yacht, the Adix, which is registered in Britain.
“For years now, the picture has been inside a British vessel, which is foreign territory for all who that may concern, even when it is moored in Spanish ports,” he added.“For years now, the picture has been inside a British vessel, which is foreign territory for all who that may concern, even when it is moored in Spanish ports,” he added.
Spain could ultimately take ownership of the painting if it finds that Mr. Botín, 79, violated its cultural protection laws against illicit trafficking. Or it could simply fine Mr. Botín and bar him from moving it out of the country again. Infractions carry administrative penalties of up to 600,000 euros.Spain could ultimately take ownership of the painting if it finds that Mr. Botín, 79, violated its cultural protection laws against illicit trafficking. Or it could simply fine Mr. Botín and bar him from moving it out of the country again. Infractions carry administrative penalties of up to 600,000 euros.
Mr. Botín, a member of the family that controls Banco Santander, bought the Picasso painting of a longhaired woman in 1977, at the Marlborough Fine Art Fair in London, for his personal collection.Mr. Botín, a member of the family that controls Banco Santander, bought the Picasso painting of a longhaired woman in 1977, at the Marlborough Fine Art Fair in London, for his personal collection.
Spain’s cultural protection legislation, dating from 1985, requires museums, dealers and private owners to obtain export licenses for any work over 100 years old before it can be moved out of the country. Last year, the Spanish authorities say, they received more than 14,000 requests for export licenses for sales and exhibition loans. Seventy applications were denied, and the state acquired 27 of the works at issue.Spain’s cultural protection legislation, dating from 1985, requires museums, dealers and private owners to obtain export licenses for any work over 100 years old before it can be moved out of the country. Last year, the Spanish authorities say, they received more than 14,000 requests for export licenses for sales and exhibition loans. Seventy applications were denied, and the state acquired 27 of the works at issue.
Mr. Botín’s Picasso painting was classified as a national treasure by Spain’s historic heritage department, overseen by the Culture Ministry, after Christie’s sought an export license that would allow the banking magnate to auction the work in London. In 2013, the ministry denied him permission to sell the work abroad, declaring that no similar work remained on Spanish territory.Mr. Botín’s Picasso painting was classified as a national treasure by Spain’s historic heritage department, overseen by the Culture Ministry, after Christie’s sought an export license that would allow the banking magnate to auction the work in London. In 2013, the ministry denied him permission to sell the work abroad, declaring that no similar work remained on Spanish territory.
Picasso is said to have painted “Head of a Young Woman” during the summer of 1906 in Gósol, a remote Spanish village in the Pyrenees. Art historians describe that year as decisive for the artist, presaging the birth of Cubism.Picasso is said to have painted “Head of a Young Woman” during the summer of 1906 in Gósol, a remote Spanish village in the Pyrenees. Art historians describe that year as decisive for the artist, presaging the birth of Cubism.
In the years that followed, Mr. Botín fought the cultural heritage designation, arguing that the book was not only stored on a vessel registered to Britain but that it was owned by a Panamanian company in which he was registered as a major shareholder. He challenged the government’s decision in a Spanish appeals court, which informed him in May that the Culture Ministry’s 2013 export ban would stand. In the years that followed, Mr. Botín fought the cultural heritage designation, arguing that the work was not only stored on a vessel registered to Britain but that it was owned by a Panamanian company in which he was registered as a major shareholder. He challenged the government’s decision in a Spanish appeals court, which informed him in May that the Culture Ministry’s 2013 export ban would stand.
Since then, the country’s Guardia Civil has monitored the movement of Mr. Botín’s yacht, the authorities say. The Spanish press reported that Spanish officials alerted French customs agents about the painting after the ship docked in Corsica in July.Since then, the country’s Guardia Civil has monitored the movement of Mr. Botín’s yacht, the authorities say. The Spanish press reported that Spanish officials alerted French customs agents about the painting after the ship docked in Corsica in July.
Vincent Guivarch, a spokesman for the French customs agency, said that agents found the carefully wrapped work in the captain’s quarters. Mr. Botín’s son, Alfonso, and an Australian captain were on board, he said, and had been awaiting instructions from Mr. Botín for three days. Among the documents carried by the ship, Mr. Guivarch added, was the Spanish court ruling barring the painting’s export.Vincent Guivarch, a spokesman for the French customs agency, said that agents found the carefully wrapped work in the captain’s quarters. Mr. Botín’s son, Alfonso, and an Australian captain were on board, he said, and had been awaiting instructions from Mr. Botín for three days. Among the documents carried by the ship, Mr. Guivarch added, was the Spanish court ruling barring the painting’s export.
He said that the Botíns planned to fly the work to Switzerland, although the precise destination was not known. The country is a hub for free ports, or zones where art can be privately sold and stored under the names of offshore companies.He said that the Botíns planned to fly the work to Switzerland, although the precise destination was not known. The country is a hub for free ports, or zones where art can be privately sold and stored under the names of offshore companies.
At the moment, it is not clear how the Spanish government will proceed with the recovery of the artwork, which remains in the hands of the French authorities. Museum experts doubt that the government will move aggressively against Mr. Botín, who is highly regarded in Spain and known for his newspaper articles on ethics and morality, to take ownership of the painting.At the moment, it is not clear how the Spanish government will proceed with the recovery of the artwork, which remains in the hands of the French authorities. Museum experts doubt that the government will move aggressively against Mr. Botín, who is highly regarded in Spain and known for his newspaper articles on ethics and morality, to take ownership of the painting.
Meanwhile, Germany’s culture minister is under fire for proposing a similar law, and Italy is considering loosening its restrictions, under pressure from dealers who want to take advantage of the hot market for Modern and contemporary art.Meanwhile, Germany’s culture minister is under fire for proposing a similar law, and Italy is considering loosening its restrictions, under pressure from dealers who want to take advantage of the hot market for Modern and contemporary art.
Last year, the global art market topped 51 billion euros, according to a European Fine Art Fair report. In May, another Picasso painting, the 1955 “Les Femmes d’Alger (Version ‘O’),” brought $179 million — a global auction record for a work of art — in New York.Last year, the global art market topped 51 billion euros, according to a European Fine Art Fair report. In May, another Picasso painting, the 1955 “Les Femmes d’Alger (Version ‘O’),” brought $179 million — a global auction record for a work of art — in New York.
At a budget presentation this week, Spain’s culture minister, Íñigo Méndez de Vigo, said the ministry was working with the Guardia Civil to recover the painting. “I am pleased that a work of this quality — declared ineligible for export — is returning to Spain,” he said.At a budget presentation this week, Spain’s culture minister, Íñigo Méndez de Vigo, said the ministry was working with the Guardia Civil to recover the painting. “I am pleased that a work of this quality — declared ineligible for export — is returning to Spain,” he said.