The Purchase and Exportation of Archaeological Materials and Cultural Heritage from the countries of Spain and Portugal: Know the Law.

Most people who come to visit Portugal and Spain do so because of the beautiful landscape, vivacious cities, rich cultural heritage and fascinating histories.  Researchers, in all branches of Iberian studies, are drawn to the study of these countries for the same reasons.  However, over the last decades, both countries have found themselves in the unfortunate position of having to combat the buying, selling and exportation of their archaeological materials and cultural artifacts.  Some of this is certainly due to the acts of people who know the law and know how to break it without getting caught but many times, tourists purchase artifacts and export them from Iberia not knowing that they are breaking the law.  Moreover, they do not understand that they are contributing to a vicious cycle that is responsible for the looting and destruction of archaeological sites: the black market commerce that is conducted beneath the radar of the authorities - a commerce that does not contribute to the financial growth of the countries or to the socialized systems that support the citizens.  This behavior is deemed as illegal, unethical and uncultured by the people and government of these countries.

The black market trade that causes and endorses the looting, destruction and pawning of artifacts is similar to the activities of major drug cartels and drug dealers.  When you purchase archaeological materials from Spain and Portugal, you are, in fact, the consumer in this vicious cycle.

This article, from the McDonald's Institute website, by Cacho and Sanjuan illustrates just how many sites in the province of Seville have been looted and the kind of negative impact it has had on the study and preservation of Spanish archaeological heritage. 

Here are some rules of thumb when visiting archaeological site in Iberia and when choosing gifts and souvenirs to take back with you:

1. When visiting archaeological sites, never pick up loose artifacts of any type and take them with you.  If you see that an artifacts is exposed, or that a decorative features like frescoes or mosaics are fragile, report it to the guard or docent of the site.

2.  When approached by dealers on the street or dealers who front themselves as legitimate merchants, ask what the laws are in the country.  You can usually judge by the response of the seller if what they are doing is legal or not.  9 times out of 10, it is illegal in any country.  In Iberia, it is strictly prohibited unless it is from a collection that has been secured from an inherited estate after 1985 (Portugal).

3.  If the above situation can be proven, the merchant is required, by law, to provide you with proof of the sale and to show documentation that supports this claim.  This is especially a problem with the purchasing of coinage.  As a rule of thumb, coins that are covered with dirt are most likely not from a collection that has come to the merchant from any legal means - they are from a looted site.

4.  If approached by an individual who is selling coins or any artifacts, do not be fooled by the assumption that you are helping them or helping them to support their family or helping to support the economy.  These notions are in general quite false and, in fact, given that the activity is illegal in Iberia, the money is certainly not going to help the economy.

5.  Purchase replicas of artifacts instead of the real thing!  Many times, you are supporting the artisans and the commerce of Iberia while avoiding any legal ramifications and when you get home, you can proudly display it in your home.  Moreover, many replicas are quite good and sharing them with your students and family allows them to touch and inspect the piece more closely and at no cost to the archaeological record!

If you follow these rules of thumb when visiting archaeological sites in Spain and Portugal, you will be at ease in knowing that you, too, are truly a sophisticated traveler and will avoid any problems for yourself with the legal authorities or at customs.

For further information please read at McDonald Institute for Archaeological Research website.