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November 2008
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5.0 Museums develop collections using long-term plans that are socially responsive. They reject items with dubious provenance. Museums regularly review, publish and adhere to acquisition policies agreed by the governing body that are realistic in terms of the resources required to sustain them. These policies address issues of the context and legitimacy of acquisitions, due diligence, long-term care, documentation and relevance to overriding, institutional aims. Items are acquired on the basis that they will be retained in the public domain. All those who work for or govern museums should ensure that they: 5.1 Collect according to detailed, published policies that state clearly what, how and why the museum collects. Frame the acquisition policy in the light of the museum’s stated mission. Specify criteria for future acquisitions that include topics, time periods and geographical areas. Collect only within acquisition policies, except in exceptional circumstances. 5.2 Acquire an item only after thorough consideration of its long-term value and how it will be used. 5.3 Accept an item only if the museum can provide adequate, continuing long-term care for the item and public access to it, without compromising standards of care and access relating to the existing collections. 5.4 Examine carefully the implications of, and record the reasons for, accepting items that will not be immediately accessioned into the permanent collection. (Acceptable reasons may include loan, demonstration, handling, testing or retention pending a final decision to accession into the permanent collection.) 5.5 Co-operate rather than compete with other UK museums when collecting. Recognise that other institutions collecting in the same or related fields may have a stronger claim to acquisition of a particular item. Resolve disputes with other museums constructively and in the best interest of the public. Take account of the interests not only of other registered museums but also of related public organisations, such as archives. 5.6 Recognise that individuals or communities may have a stronger claim to certain items than the museum. Take account also of scientific arguments for and against leaving items in their original context. (See also section 7, recognise the interests of people who made, used, owned, collected or gave items in the collections and section 9, research, share and interpret information related to collections, reflecting diverse views.) 5.7 Exercise due diligence when considering an acquisition or inward loan. Verify the ownership of any item being considered for acquisition or inward loan and that the current holder is legitimately able to transfer title or to lend. Apply the same strict criteria to gifts, bequests and loans as to purchases. 5.8 Reject any item if there is any suspicion that it was wrongfully taken during a time of conflict, unless allowed by treaties or other agreements. 5.9 Reject any item if there is any suspicion that it has been stolen unless, in exceptional circumstances, this is to bring it into the public domain, in consultation with the rightful owner. 5.10 Reject items that have been illicitly traded. Note that the UNESCO Convention (on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property) was finalised in 1970. Reject, therefore, any item if there is any suspicion that, since 1970, it may have been stolen, illegally excavated or removed from a monument, site or wreck contrary to local law or otherwise acquired in or exported from its country of origin (including the UK), or any intermediate country, in violation of that country’s laws or any national and international treaties, unless the museum is able to obtain permission from authorities with the requisite jurisdiction in the country of origin. 5.11 Reject any item that lacks secure ownership history, unless there is reliable documentation to show that it was exported from its country of origin before 1970, or the museum is acting as an externally approved repository of last resort, or in the best judgement of experts in the field concerned the item is of minor importance and has not been illicitly traded. 5.12 Contact colleagues and appropriate authorities both in the UK and overseas for any information or advice that may be necessary to inform judgement regarding the legitimacy of items considered for acquisition or inward loan. 5.13 Comply not only with treaties which have been ratified by the UK Government, but also uphold the principles of other international treaties intended to curtail the illicit trade, if legally free to do so. 5.14 Report any suspicion of criminal activity to the police. Report any other suspicions of illicit trade to other museums collecting in the same area and to organisations that aim to curtail the illicit trade. 5.15 Avoid appearing to promote or tolerate the sale of any material without adequate ownership history through inappropriate or compromising associations with vendors, dealers or auction houses. Refuse to lend items to any exhibition that is likely to include illicitly traded items. 5.16 Decline to offer expertise on, or otherwise assist the current possessor of any item that may have been illicitly obtained, unless it is to assist law enforcement or to support other organisations in countering illicit activities. 5.17 Exercise caution when accepting conditions attached to acquisitions, particularly those involving gifts and bequests. Discuss expectations and clarify in writing the precise terms on which all parties are accepting transfer of title. Specify unambiguously to donors the museum’s intentions regarding such matters as: the long term retention of items; display; storage and public acknowledgement. (See also section 7, recognise the interests of people who made, used, owned, collected or gave items in the collections and Guidelines for Donors issued by the Museums Association Ethics Committee.) 5.18 Refuse tactfully but firmly to accept an offer of a gift or bequest if items offered do not meet criteria set out in the museum’s collecting policy. Explain why the museum is unable to accept an offer of a gift or a bequest. 5.19 Refuse, in writing, any unwanted, unsolicited gifts even if the museum has been advised that they need not be returned. Consider informing intending benefactors, or their representatives, about other registered museums, archives or other public institutions that may be interested in the unwanted items. 5.20 Comply with conditions attached to an acquisition once the acquisition has been made. (See also section 9, recognise the interests of people who made, used, owned, collected or gave items in the collections and the Museums Association’s Guidelines for Donors to Museums.) 5.21 Use agreed procedures for taking the final decision to acquire an item. Open procedures for transfer of title to external audit. 5.22 Encourage potential sellers to get an independent valuation when offering items for sale to the museum. Seek the best discount from vendors once they are aware of the likely value on the open market of items they offer to sell to the museum. 5.23 Have in place procedures approved by the governing body for loans from and to the museum, including historic loans.
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