MEDIA RELEASE
17 February 2016

NGA RELEASES INDEPENDENT REVIEW INTO ASIAN ART PROVENANCE PROJECT

The National Gallery of Australia (NGA) today published an independent review of the Asian Art Provenance Project. Click here for the full report and press release. 
Background:

Former Justice of the High Court of Australia, Susan Crennan AC was appointed by the NGA in 2015 to independently review work undertaken by the Asian Art Provenance Project. Mrs Crennan’s appointment followed a series of actions taken by the NGA to address provenance issues in its Asian Art collection following the return of the 12th century bronze statue, Shiva as Lord of the Dance [Nataraja] to India by the former Prime Minister Tony Abbott in September 2014. The Shiva was purchased by the NGA in 2008 from New York-based dealer Mr Subhash Kapoor (Art of the Past), who was arrested in 2011 and currently awaits trial in India on charges of conspiracy to commit theft. The NGA maintains it is a victim of fraud in this case. A group of the world’s major institutions (particularly in North America) which actively collect in this area, have also acquired from Mr Kapoor, and have identical issues to contend with.
Mrs Crennan was provided with 36 internal audit reports on objects acquired by the NGA between 1968 and 2013, including 14 acquisitions from Art of the Past (operated by Mr Subhash Kapoor). The 36 reports included the Shiva and Seated Buddha; the latter will be returned to India this year following the NGA’s success in securing a refund of the purchase price from Nancy Wiener Galleries, and an undertaking by the Nancy Wiener Galleries to return the sculpture to India.
Mrs Crennan was asked to assess, based on the materials provided to her:
·	whether the objects have a satisfactory history of ownership (with adequate documentation to support that history); and
·	whether it could be established when each object left the country of its origin and, if so, the date or approximate date.
The detailed report also examines the international and Australian context surrounding the issue of provenance and considers the legal framework and the different views about the interpretation of the Australian legislation – the Protection of Movable Cultural Heritage Act 1986 (Cth).  
In most cases, Mrs Crennan’s opinion was in accordance with assessments made by Gallery staff and its legal counsel. On legal advice, some of the information in the review has been redacted including where information is subject to a confidentiality agreement. It is now general policy at the NGA that confidentiality agreements are not agreed to in the process of purchasing an art work.

Review summary:
·	22 objects have insufficient or questionable provenance documentation – this includes the Shiva which was returned to India in 2014 and the Seated Buddha which will return to India this year
·	Within this group of 22, 14 works from Art of the Past have insufficient or suspect provenance 
·	12 objects have satisfactory provenance documentation
·	2 objects require further research
·	Recognition that treating the UNESCO Convention of 17 November 1970 as a watershed in respect of when an object left its country of origin is widely accepted in ethical codes, including in the United States and the United Kingdom
·	The interpretation of the Australian legislation – the Protection of Movable Cultural Heritage Act 1986 (Cth) – is consistent with the Gallery’s legal advice and the practical policies applied during the period of acquisition
·	The NGA needs to be constantly vigilant in its systems and procedures to assess and address risks, and needs to seek increased cooperation with other countries and museums to ensure acquisitions meet sound legal and ethical standards
·	The NGA’s display of its provenance research on a dedicated website is an important and valuable resource 
Asian Art Provenance Project update:
In addition to the review, the NGA has taken further actions over the last year including:
·	Publishing 95 key objects on its provenance website, which continues to be updated
·	Compiling provenance histories for approximately 140 Indian paintings and drawings 
·	An NGA representative travelling to India to meet with the Indian Ministry of Culture, National Museum  New Delhi, the Archaeological Survey of India (ASI) and the French Institute of Pondicherry, which holds extensive photographic archives 
·	NGA senior staff meeting with representatives from the ASI on a recent visit to Canberra (January 2016) to inspect the deaccessioned Seated Buddha 
·	Initiating collaboration with colleagues, and also researching and addressing the issue of provenance with the Art Gallery of New South Wales, Art Gallery of South Australia, National Gallery of Victoria and Queensland Art Gallery 
·	Conducting ongoing discussions with the Australian High Commission in New Delhi and the Indian High Commission in Canberra
‘I welcome Mrs Crennan’s independent assessment which clarifies the legal and ethical framework in which the NGA’s collecting should take place; this will prove invaluable for ongoing provenance-checking and comparative risk assessment,’ said Dr Gerard Vaughan, NGA Director. ‘The review provides a clear set of guidelines which the NGA can incorporate into its acquisition procedures and due diligence policies, and which the Gallery can use in retrospectively assessing items already in the collection,’ he said.
As part of ongoing discussions with the Indian Government, the NGA this week briefed the High Commission of India in Australia on the report. 
‘I would like to congratulate the National Gallery of Australia for the work that they have undertaken on the complex issue of provenance of ancient objects,’ said Mr Navdeep Suri, 
Indian High Commissioner. ‘NGA’s collaboration with senior officials of the Archaeological Survey of India in working to determine the provenance of the Seated Buddha has been truly exemplary.  In establishing a framework for restitution of a stolen property to the country of its origin, NGA has set a worthy example for other countries and institutions to follow.’

MEDIA ENQUIRIES

Alison Wright, Acting Assistant Director Brand, Marketing and Communications
National Gallery of Australia
T: 02 6240 6410 M: 0409 997 226 E: alison.wright@nga.gov.au

Ashley Zmijewski, Head of Marketing and Communications
National Gallery of Australia
T: 02 6240 6641 M: 0413 528 360 E: ashley.zmijewski@nga.gov.au