James Botin, a Spanish art collector, was sentenced to 18 months in prison for smuggling the Picasso out of Spain. The billionaire, 83, was the vice president of Santander bank which was founded by his grandfather. The Picasso, which is a painting of the Head of a Young Woman, was reckoned as a national artistic treasure. It is therefore prohibited by law to export it out of Spain without state permission.
Because of cultural interests, the painting is regarded unexportable by the Spanish government. Ancient Spanish artist Paul painted the Picasso back in 1906, which is now valued at 27.4 million USD.
Spanish regulations state that any artwork that is over 100 years has cultural relevance and falls in the category of a national treasure. Consequently, anyone owning such a piece of art must get approval from the Spanish government before exporting them. Failure to do that attracts jail term and/or fine.
Botin purchased the art in London in 1977. In 2015, customs department officers apprehended the painting from his yacht on the French Island of Corsica. And according to the courts, Botin had exported the painting to the port city of Valencia. He was also accused of advising his captain to hide the Picasso from the authorities.
The officials also found on the yacht documentation that proved the artwork was of cultural interest. The documents also stated that the Spanish government had banned the painting from leaving the Spanish borders.
According to regulations, Botin was fined 58 million USD, which is double the value of the painting. However, he denied the by the Madrid High Court charges against him. Thanks to his advanced age, he might not do time in jail. The fact that he is a first time offender also works to his advantage.
In his defence, Botin claimed that he was transporting the painting to Switzerland for safekeeping. His lawyers argued against the court pronouncement that the art should have been put under an export ban. They further claimed that the ban did not apply to the painting as it was bought overseas and was housed on a British Flagged vessel. In their argument, they also clarified to the court that the art had only been in Spain for six months.
However, the Madrid High Court challenged their argument by revealing that Botin had been instructed by a British Auction house, Christie’s, to get official approval first before selling the art to them. Botin had applied for a permit, but the Spanish Authorities denied him. Thus, he was found guilty of sneaking cultural goods for moving the painting from the Spanish territory without permission from the authorities. The lawyers filed a petition to appeal against the judgment.
There is still a tussle on the ownership of the painting. Currently, the Picasso is in exhibition at the Reina Sofia museum of modern art. The painting is of a beautiful young woman with long black hair with an earth-toned background. It is among the pieces of art done by Picasso in the Gosol era.
