Legal issues arise when you, your artworks, and/or information about what you’re doing as an artist crosses borders.
Crossing the Border Yourself
Because both the lifestyle of artists and the content of your work may be difficult, unfamiliar, confusing, or challenging to those who give permission to cross borders and evaluate credentials at the point of border crossings, it is important for artists to be aware of contemporary security issues when they are crossing borders themselves.
Security issues raised by the new RFID passports, and how they work.
American Civil Liberties Union [www.aclu.org]
American Civil Liberties Union/Naked Data: How the U.S. Ignored International Concerns and Pushed for Radio Chips in Passports without Security
A comparison and analysis of the laws of the U.S. and other countries regarding access to and the sharing of data about air travel. The term “policy laundering” used in the title of this project refers to the growing practice of changing national law by developing new law at the regional or international levels that then applies at the national levels without representative approval at the national level.
Privacy International [www.privacyinternational.org]
Privacy International/Transferring Privacy: The Transfer of Passenger Records and the Abdication of Privacy Protection
U.S. Immigration and Visas
Given the range of ways in which visas and immigration status can be sought in the United States, it is useful to know which approaches are most likely to be successful for artists, and which types of activities are enabled under each status.
Explanations of each of the types of visas available to artists visiting the United States.
Artists from Abroad [www.artistsfromabroad.org]
Artists from Abroad/O&P Visa Classifications
In the last few years it has become more difficult for artists from other countries to enter the U.S. to work, and immigration law itself is undergoing change. This guide provides current rules and regulations for foreign guest artists interested in immigrating to the United States.
Artists from Abroad [www.artistsfromabroad.org]
Artists from Abroad/Complete Guide to Immigration and Tax Requirements for Foreign Guest Artists
The Department of State has provided advice to U.S. consulates regarding how to handle applications for visas from artists who are members of performing groups.
U.S. Department of State [www.state.gov]
U.S. Department of State/Visa Applications from Artists and Entertainers
Sending Art Across Borders
Cultural products, including those of the arts, are now subject to free trade agreements. When artworks are in tangible forms they are known as “goods,” and when artworks are in intangible forms, they are referred to as “services.”
When you bring goods across a border, either the country you are leaving or the country you are entering – or both – can ask you to pay a “duty,” or “tariff,” for those items. How much you pay depends not only on the cost of the items involved, but also on how they are categorized. This is the classification of works of art and collectors’ items for purposes of tariffs when items are brought into the United States.
U.S. International Trade Commission [www.usitc.gov]
U.S. International Trade Commission/Harmonized Tariff Schedule of the United States (2006): Section XXI, Works of Art, Collectors’ Pieces and Antiques
Sending Information about American Art Abroad
The U.S. government has taken the position that sending artists, and information about artists, to other countries is a way of strengthening relationships with other governments and peoples. This practice is called “cultural diplomacy.”
This piece describes trends in cultural diplomacy by the US government over the decade 1993-2002.
Center for the Arts, George Mason University [www.gmu.edu/cfa]
Juliet Antunes Sablosky/Recent Trends in Department of State Support for Cultural Diplomacy: 1993-2002
The former U.S. Ambassador to The Netherlands – herself an art historian – discusses best practices for the U.S. in the area of cultural diplomacy.
Center for the Arts, George Mason University [www.gmu.edu/cfa]
Cynthia Schneider/Diplomacy that Works: ‘Best Practices’ in Cultural Diplomacy