Austria's Art Restitution Law: Amendments And Their Impact

Austria has been amending its art restitution laws since the end of World War II, with the aim of returning confiscated artworks to their rightful owners. The Federal Art Restitution Act was passed in 1998 and amended in 2009 and 2023. The 2009 amendment expanded the scope of the original Act, making it applicable to objects of scientific or technical importance and changing the area of lootings that give rise to restitution from Austrian territory to all territory under Nazi rule. In June 2023, the Austrian government announced plans to propose a new law requiring museums to return objects acquired in a colonial context by March 2024.

Austria's 1998 Art Restitution Act

The history of art restitution in Austria dates back to the post-World War II era, with the passage of various restitution laws aimed at returning assets confiscated during the Nazi regime. Between 1946 and 1949, the Republic of Austria passed seven restitution acts, including the First and Second Restitution Acts, which pertained to seized artworks held by the public administration or in public ownership.

In 1998, Austria took further steps towards addressing art restitution with the establishment of the Commission for Provenance Research. This commission was tasked with systematically inventorying state collections and identifying looted objects. The same year, the Federal Art Restitution Act was passed, providing a legal framework for the return of confiscated artworks and cultural objects to their rightful owners.

The 1998 Art Restitution Act has undergone amendments over the years, including in 2009 and 2023, to ensure its effectiveness and relevance. The Act covers objects in the collections of Austrian federal museums, the National Library, and the Bundesmobiliendepot, which were acquired by the state during the Nazi regime and have not yet been restituted.

Austria's recent efforts in tightening cultural protection legislation demonstrate its commitment to preventing the trafficking of looted artifacts and facilitating the return of objects taken under suspicious circumstances to their rightful owners. The proposed law, announced in 2023, specifically addresses objects acquired in a colonial context, aiming to establish a comprehensive protocol for restitution claims.

Austria's 2009 Art Restitution Act Amendment

Austria's Art Restitution Act was first passed in 1998, and amended in 2009, 2011 and 2023. The law aims to return confiscated works of art and cultural objects in the possession of the Austrian state to their original owners or their heirs. The 2009 amendment continued this, specifically targeting objects in the collections of Austrian federal museums, the National Library and Bundesmobiliendepot, acquired by the state during the Nazi regime.

The 2009 amendment built on the work of the Commission for Provenance Research, established in 1998 to systematically inventory state collections and identify looted objects. The Commission's work has been ongoing, and in 2023, Austria proposed new restitution laws requiring museums to return objects acquired in a colonial context by March 2024.

Austria's tightening of cultural protection legislation has been part of a broader trend, with each member of the European Union updating its cultural protections to meet new European Union directives on illegally seized heritage. Austria's advisory committee broadly defines objects eligible for restitution as those whose owners "did not wish to part with them", covering contexts such as "violence, looting, theft, coercion".

Austria's 2009 amendment to the Art Restitution Act was part of a broader effort to address the country's colonial history and the injustice of European colonial powers "helping themselves" to artifacts from other parts of the world.

Austria's 2023 Art Restitution Act Amendment

Austria's Art Restitution Act, which was first passed in 1998, was amended in 2023. The law, which applies to objects in the collections of Austrian federal museums, the National Library, and the Bundesmobiliendepot, aims to return confiscated items to their original owners or legal successors. The 2023 amendment continues this work, which was prompted by the discovery of looted objects in state collections.

The 2023 amendment follows a previous update to the law in 2009, which expanded the scope of the original Act and addressed some organisational problems. The 2009 amendment broadened the definition of returnable art to include "other movable cultural property," thus making the Act relevant to objects of scientific or technical importance. It also extended the period and territory of lootings that give rise to restitution, aligning them with the duration of the Third Reich.

In June 2023, the Austrian government announced plans to propose a new law requiring museums to return objects acquired in a colonial context by March 2024. Culture Secretary Andrea Mayer stated that the proposed law intends to establish an "orderly, consistent, and comprehensive" protocol for restitution claims. This proposal is part of Austria's ongoing efforts to tighten cultural protection legislation and address historical injustices.

Austria's advisory committee broadly defines objects eligible for restitution as those whose owners "did not wish to part with them at the time they were collected," which includes contexts such as "violence, looting, theft, [and] coercion." This definition covers a wide range of circumstances under which artefacts may have been taken during colonial conflicts.

Austria's colonial context restitution law proposal

Austria is proposing new restitution laws aimed at museum collections. The Austrian government has announced plans to propose a new law requiring museums to return objects acquired in a colonial context by March 2024. The proposed law intends to establish a comprehensive protocol for restitution claims. Culture secretary Andrea Mayer stated that the rulers of European countries viewed large parts of the world as places where they could simply take artifacts without consequence.

Austria's advisory committee defines objects eligible for restitution as those whose owners "did not wish to part with them at the time they were collected". This covers contexts such as "violence, looting, theft, coercion". The committee's report highlights the country's colonial history under the Habsburg Monarchy in the 1800s, during which time Austria attempted to establish colonies in Africa and Southeast and East Asia. While never rivalling the imperial might of its neighbours, Austria's rulers were prolific collectors of artifacts taken during colonial conflicts and invested heavily in Christian missionary work.

The proposed law expands on the Federal Art Restitution Act passed in 1998, which provided for the return of art and cultural objects in Austrian national museums and collections to their rightful owners. The 1998 Act was amended in 2009 and again in 2023. The 2009 amendment broadened the scope of the original Act by changing the definition of returnable art to include "other movable cultural property", making the Act applicable to objects of scientific or technical importance. It also expanded the territorial scope of the lootings that give rise to restitution, and extended the period considered relevant for restitution claims.

Austria's post-World War II restitution laws

On 1 May 1945, following the collapse of the NS regime, Austria passed a constitutional law on the restoration of law and order. This law nullified all legislation enacted during the National Socialist era that contradicted the principles of a free, independent Austrian state and genuine democracy. The Registration Act of 1945 required anyone in possession of "aryanized" assets, including artwork, to register them with Austrian authorities, allowing dispossessed owners to submit claims. The Annulment Act of 15 May 1946 invalidated all legal transactions that had occurred after the Anschluss and during the German Reich's political and economic infiltration.

Between 1946 and 1949, the Republic of Austria enacted seven restitution acts to facilitate the return of seized assets to their rightful owners. The First and Second Restitution Acts addressed artworks held by public administrations or owned by the state, while the Third Restitution Act pertained to art objects in private ownership. The State Treaty of Vienna, signed in 1955, further regulated the restitution process, mandating the return of expropriated assets and the transfer of unclaimed assets to government departments or victim organisations for relief and rehabilitation.

In 1969, the Austrian National Council passed the First Artistic and Cultural Assets Settlement Act, enabling former owners to reclaim artworks in the custody of the Federal Office for the Protection of Monuments, whose ownership could not be ascertained. This initiative was prompted by the efforts of Simon Wiesenthal, the former head of the Documentation Center of the Federation of Jewish Persons Persecuted by the NS regime. Approximately 2,000 artistic and cultural objects were listed for potential restitution, but only 269 were ultimately restituted.

In 1985, following discussions sparked by a 1984 ARTnews article on Austria's handling of unclaimed goods, the Second Artistic and Cultural Assets Settlement Act was enacted. This led to another round of restitution efforts, and any artworks that remained unclaimed were eventually auctioned off in 1996, with the proceeds benefiting victims' organisations.

In 1998, Austria instituted an art restitution law in line with the Washington Principles on Nazi-Confiscated Art, addressing art in federal museums and institutions. This law established the Commission on Provenance Research to systematically identify looted objects and facilitate their return. The law was amended in 2009 and again on 25 January 2011.

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