Blockchain and Illicit Trafficking in Cultural Goods

Abstract

Blockchain could be used as a mechanism to certify the provenance and movements of cultural goods and contribute to the fight against illicit trafficking of cultural property. By strengthening the traceability of cultural goods, blockchain can simplify due diligence requirements and facilitate prosecution and convictions for all the relevant offences of illicit trafficking in cultural goods. However, such an impact is necessarily tempered due to the specificity of this kind of illicit trafficking, as well as the technical and conceptual constraints of the blockchain itself. Even though blockchain in its current form cannot overcome the legal obstacles which hamper the efficacy of the fight against illicit trafficking, such as the lack of harmonization of legal systems, its value in this area should not be dismissed altogether. An overview of the relevant international and European norms, highlighted using national law examples, reveals the complementary role that blockchain can have in this field, not only in terms of best practices but also in terms of an increased visibility for cultural goods and their international movement.