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2013. the Report Was Adopted on 4 March 2013

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2013. the Report Was Adopted on 4 March 2013 ADVISORY COMMITTEE ON THE ASSESSMENT OF RESTITUTION APPLICATIONS FOR ITEMS OF CULTURAL VALUE AND THE SECOND WORLD WAR Report 2013 ADVISORY COMMITTEE ON THE ASSESSMENT OF RESTITUTION APPLICATIONS FOR ITEMS OF CULTURAL VALUE AND THE SECOND WORLD WAR Report 2013 Visiting address: Lange Voorhout 13 Postal address: P.O. Box 556 2501 CN The Hague, The Netherlands tel: +31 (0)70 376 5992 e-mail: [email protected] internet: www.restitutiecommissie.nl/en Cover illustration Glazed pottery dish with polychromed decor of female bust, Deruta (NK 575) List of contents Foreword 5 1. Introduction 7 2. The Restitutions Committee 8 2.1 History in brief 8 2.2 Terms of reference 9 2.3 Members and employees of the Restitutions Committee 10 2.4 Brief overview of activities in 2013 11 3. Quantitative overview 14 3.1 2002 - 2013 overview 14 3.2 Dutch National Art Collection cases 14 3.3 Revised recommendations 15 3.4 Cases relating to works not in the Dutch National Art Collection 16 3.5 Status at the end of 2013 16 4. Opinions and recommendations issued in 2013 18 Appendices 71 3 Foreword WITH TWO PEALS OF THUNDER. That is how 2013 ended as far as looted art problems are concerned. One was on 29 October when the Netherlands Museums Association (NMV) presented the outcome of their provenance investigation of museum acquisitions since 1933. The results show that the provenance of 139 works of art and Jewish ritual items in Dutch public museums indicates looting, confiscation, forced sale or other suspicious circumstances between 1933 and 1945. And that is not the end of the story because not all museums have finished yet. For example the Rijksmuseum in Amsterdam does not expect to finish researching the provenance of its collection until 2017. Although it was expected, it was nevertheless laudable that all 162 eligible museums cooperated loyally and actively. This first peal of thunder did not come out of a clear blue sky. There were already rumblings in November 2008 when the NMV decided to embark on the study. Implementing this decision took five years, during which a great deal of work was done by the museums and the supervisory committee set up by the NMV and chaired by Professor R.E.O. Ekkart. But for the Restitutions Committee this is just the beginning. Those who see reason in the investigation’s results to submit a claim for the return on an item that is not in the possession of the Dutch State can decide, together with the museum concerned or the owner of that item, to submit the claim to the Restitutions Committee for a binding opinion. The first of these cases has already been submitted and by now a number of others have been announced. It is worth noting that Amsterdam City Council has decided to do this with all the claims it receives. The Minister of Education, Culture and Science decided in 2001 to always pass claims to museum objects belonging to the Dutch National Art Collection to the Restitutions Committee. Disclaimer The second thunderclap came at the beginning of November in another country - Germany. Just as Haydn had intended with his surprise symphony, number 94 in This English version is a translation of the original Dutch report ‘Verslag 2013’, G major, the German authorities and public were shocked. The surprise was the in case of possible differences in translation we refer you to the Dutch report. announcement that in 2011 approximately 1,400 works of art that had something to do, one way or another, with the Nazi regime had been found in the modest flat in Munich’s Schwabing district of a strange old man called Gurlitt. The items included paintings by great names like Matisse, Picasso and Klee, as well as works dating from the sixteenth and seventeenth centuries. After this discovery one can ask whether anything like it could Frequently used abbreviations: happen in the Netherlands too. The answer has to be that while it cannot be ruled out, something of this size is not very likely. BHG Origins Unknown Agency More importantly, finding this hoard throws light on an ongoing problem that is also L&R Bankers’ office Lisser & Rosenkranz relevant in the Netherlands. Are there private, non-public collections and holdings that NBI Netherlands Property Administration Institute contain artworks with a contestable history and, if so, how many? Generally speaking that NK-collection Netherlands Art Property Collection will only emerge if a work of art is offered for sale through an auction house or a gallery, NMV Netherlands Museums Association OCW Education, Culture and Science RCE Cultural Heritage Agency RKD Netherlands Institute for Art History RMA Rijksmuseum Amsterdam SNK Netherlands Art Property Foundation 4 5 or on the internet. Another possibility is that the owner publishes a description of 1. Introduction his collection or has the provenance independently investigated. That only happens sporadically. The Dutch Royal House has led the way. Who will follow this example? The end of restitution problems will not appear on the horizon until, following the example This is the twelfth annual report of the Advisory Committee on the Assessment of of the Dutch National Art Collection and museums, this also becomes standard practice Restitution Applications for Items of Cultural Value and the Second World War (the on a reasonably large scale for private owners and there is constructive thinking about Restitutions Committee). The Restitutions Committee was established by the State solutions. Secretary for Education, Culture and Science (OCW) through a decree of 16 November 2001, and it gives opinions and recommendations about applications for the restitution of Nazi looted art.1 W.J.M. Davids Chairman This annual report is a follow-up to annual reports published previously, which describe in detail the Restitutions Committee’s history, policy framework and working methods. Please see these publications for more detailed information about these subjects.2 This report concentrates on the activities carried out in 2013. It has been decided to produce a brief report this year in connection with the planned publication of the book Fair and Just Solutions, based on the international symposium of the same name, which was organized by the Committee and held in November 2012. Chapter 2 contains a brief description of the Restitutions Committee’s history, an overview of its terms of reference, and the composition of the Committee and the office of the Restitutions Committee. The chapter ends with a brief description of the activities carried out during the year under review. Chapter 3 contains a quantitative overview of the opinions and recommendations issued from 2002 to 2013 inclusive, and in chapter 4 there is the full text of the opinions and recommendations that the Committee issued in 2013. 1. Chairman of the Restitutions Committee, W.J.M. Davids 1 ‘Decree Establishing the Advisory Committee on the Assessment of Restitution Applications for Items of Cultural Value and the Second World War’, 16 November 2001. The Decree establishing the Restitutions Committee was amended by the State Secretary of OCW through a decree of 4 July 2012. Appendix 1 contains the 2001 Decree establishing the Restitutions Committee and the associated explanatory notes. The amending Decree of 4 July 2012 is in Appendix 2. See section 2.4 of the 2012 annual report for more information about the amendment of the Decree establishing the Restitutions Committee. 2 A detailed description of the history and policy framework of the Restitutions Committee is given in the 2002 and 2005 annual reports, and there is an overview of recent changes in the policy framework in the 2012 annual report. The 2011 annual report addresses the Committee’s working practices. All annual reports can be consulted in digital form on the website http://www.restitutiecommissie.nl (Dutch version) or http://www.restitutiecommissie.nl/en (English version). Please contact the office of the Restitutions Committee (the address can be found at the end of this report) to request printed copies of the annual report. 6 7 2. The Restitutions Committee 2.1 History in brief During the Second World War the Nazis seized, stole or purchased art from private individuals and art galleries on a large scale. After the country was liberated, the allies found many of these items of cultural value, particularly in Germany, after which they were brought back to their country of origin. This recovery was accompanied by the instruction to national governments to manage the art being returned and to ensure it was returned to the rightful owners or their heirs. In the Netherlands, the Netherlands Art Property Foundation (SNK) was tasked with the recovery and restitution activities. Some of the items of cultural value that were not restituted after the war were auctioned off by the Dutch State during the nineteen-fifties. The remainder was incorporated in the Netherlands Art Property Collection (NK collection), as part of the Dutch National Art Collection. Starting at the end of nineteen-nineties, renewed interest arose in the Netherlands and other countries in the return of art treasures that had been looted during the Second World War. There were calls for a flexible restitutions policy, for example in such international instruments as the Washington Principles on Nazi Confiscated Art (1998) and in a resolution on Looted Jewish Cultural Property (1999) adopted by the Parliamentary Assembly of the Council of Europe. Recommendations were made to opt 2. Dutch-owned art back from Germany for a form of alternative dispute settlement outside the standard judicial process. The actions taken in the Netherlands in response to these principles included establishing the Advisory Committee on the Assessment of Restitution Applications for Items of 2.2 Terms of reference Cultural Value and the Second World War (Restitutions Committee) in a decree dated 16 November 2001.
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