Esportare opere d’arte straniere dall’Italia
Giuseppe Calabi
Since its inception, Italy’s system for protecting cultural heritage has centered on controlling the international circulation of artworks to prevent the loss of objects of particular historical and artistic value. Italian law empowers the State to block exports of works that, under Ministerial Decree No. 537/2017, display significant cultural interest, assessed case by case. Given Italy’s role as a crossroads of artistic exchange, many foreign-origin works have long resided within its borders. Their subjection to protection is now established. Through an analysis of current regulations, judicial rulings, and the recent Circular No. 28 (June 20, 2024), this paper examines the exportability of foreign artworks, clarifying when their retention is justified. It also highlights how the notion of a work’s connection to Italian cultural history – often flexibly interpreted – guides decisions on export authorization.