The Walters Art Museum Collections Management Policy

The collection is central to the mission of the Museum, and for this reason, ensuring its integrity and development is a fundamental responsibility of the Museum’s Trustees and staff.

The Walters Art Museum’s Act of Incorporation (Laws of Maryland, Chapter 217 [signed into law, 1933]) stipulates in section 4 that the “Board [of Trustees] shall, generally, have all powers with respect to the affairs of said corporation which are conferred by the Public General Laws of Maryland upon the directors or managing bodies of Maryland corporations. And the power of the corporation shall include the power to acquire, hold, manage, sell, exchange, encumber or otherwise dispose of any property, real, personal or mixed; and to accept any grant, gifts, devises or bequests made to said Corporation, absolutely, or in trust, for any of the purposes of said Corporation, or for any purposes germane thereto, and to execute such trusts.”

The duties and powers of the Board of Trustees (the “Board”) are defined in the Museum’s By-Laws. The Board delegates to the Andrea B. and John H. Laporte Director (the “Executive Director”) the task of overseeing the preservation, enhancement, programmatic presentation, and interpretation of the collections.

The Collections Committee, a standing committee of the Board, has been established by the Museum’s By-Laws and is responsible, with the Museum’s administration, for recommending to the Board acquisitions, accessions, deaccessions, loans, and changes to the Collections Management Policy.

The duties of the Executive Director are defined in the Museum’s By-Laws. The Executive Director has overall responsibility for the management of the collections as well as of outgoing and incoming loans and is guided by the Policy outlined in this document. The Executive Director delegates specific responsibility to the Art and Program Division for managing, protecting, and preserving the collections and loans.

As with the Executive Director, the staff is guided in its work related to the collections and loans by this Policy. The responsibility for the physical care, risk management, and documentation of the collections and loans lies with the appropriate staff in the Art and Program Division.

Purpose: The central role of the Collections Committee is to oversee the development of the Museum’s collections in alignment with the goals stated in the Museum’s Strategic Plan.

Key Responsibilities: The Committee is tasked with the following responsibilities:

1. To review and recommend or reject proposals regarding acquisitions, deaccessions/disposals, and outgoing loans;
2. To review all loans, including long-term, to the Museum regularly, at least annually;
3. To review and advise on strategies for developing the Museum’s collections; and
4. To review and revise the Museum’s Collections Management Policy at least once every 5 years, or more often if necessary.

Authority to Recommend or Decide: The By-Laws confer upon the Board the following responsibilities:

1. To exercise full and complete control over the art and other contents of the Museum;
2. To preserve and improve the Museum;
3. To acquire art and objects recommended for acquisition;
4. To deaccession/dispose of art and objects;
5. To approve outgoing loans; and
6. To authorize the Executive Director to accept year-end gifts after the last Collections Committee meeting of the year.

Conflict of Interest: If a member of the Collections Committee has a conflict of interest relevant to a matter on which action or a recommendation is being considered (including and especially those set out in the Collections Management Policy), that member shall disclose the conflict of interest and recuse themselves from voting in that matter.

Schedule of Committee Meetings: The Committee typically meets 4-6 times per year, 2 weeks prior to meetings of the full Board. Special meetings may be called by the Chair of the Committee as needed.

Committee Members: Subject to the discretion of the Board President and the Committee Chair, the Committee will consist of the Committee Chair and up to 15 other members, the majority of which (at least 8) are current Trustees. The number and identity of external, non-Trustee members of the Committee with specific expertise or interests related to the collecting areas of the Museum shall also be determined by the Board President and Chair of the Committee. Non- Trustee members will not be voting members of the Committee. The Board President and Executive Director shall serve as Ex Officio members. Per Article IV, Section 2 of the By-Laws. Quorum: Under the By-Laws, one-third of the assigned active Trustee (not Ex Officio) Committee members at each meeting are required to be present to constitute a quorum to conduct business unless special circumstances require action by the Committee in the absence of such quorum. With advance notice, Committee members unable to attend a meeting in person may attend and participate in the meeting by means of electronic conferencing and be counted as present. Per Article IV, Section 2 of the By-Laws.

Revision of Committee Charter: The Charter of the Collections Committee will be reviewed at least biennially. To be effective, any recommended revisions to the Charter must be approved by the Board of Trustees.

Support Staff: The Executive Director designates staff to attend Collections Committee meetings as appropriate.

Reports: The Committee Chair or a designee will report on the actions and decisions of the Collections Committee to the Board at the following meetings.

The Walters Art Museum collection spans seven millennia of art from cultures across the world. The Museum’s foundational art collection was begun by William T. Walters and expanded by his son, Henry Walters, who gifted their combined collection of 22,000 works of art to the City of Baltimore in 1931. This collection reflected William’s and Henry’s individual tastes, shaped by 19th- and early 20th-century beliefs prevalent in Europe and the United States about what made art culturally valuable and meaningful. At the time, many art collections were conceived of and advertised as treasure boxes containing the most exemplary objects of human creation—anything left out of these collections was by implication either inferior in quality or not defined as art, biases that the museum field continues to grapple with today. Henry built upon his father’s collection of European sculpture and Asian decorative arts, acquiring archaeological works from the ancient Mediterranean world—Mesopotamia, Egypt, Greece, and Rome—followed by medieval European and Islamic art and manuscripts, and European paintings and sculptures from the Renaissance through the 19th century. At the end of his life, Henry added a group of Russian objects, including two Fabergé eggs, that made him one of the first major American collectors of Russian art.

Since the Walters opened in 1934, the Museum has expanded both its architectural footprint and the breadth and depth of its collection. Through purchases and the generosity of donors, the collection has grown from 22,000 objects to now more than 36,000, and its scope has expanded across time, geography, and culture. As a result, the Museum has in many ways become a “collection of collections,” bringing together groups of objects that were originally assembled by individual collectors according to their personal tastes. Substantial additions include Ethiopian art and manuscripts; South and Southeast Asian and Himalayan sculptures, paintings, and accordion books; contemporary Japanese ceramics; and art of the ancient Americas. Walters curators continue to acquire objects that bridge the collection areas, create connections between the past and present, and allow the Museum to introduce new voices and tell new stories.

For much of its history, the Walters has described its collections as “encyclopedic.” Despite the range of cultures represented in the collection, the Walters now recognizes that the “encyclopedic” approach is both impossible in practice and inherently flawed in concept, reflecting a biased and Eurocentric view of what does, and does not, represent human artistic achievement. In this shift, the Walters embraces being what we see as the 21st-century museum—a living, evolving civic institution that creates space for dialogue, reflection, and continued artistic creation. We are committed to working in partnership with our local arts communities to examine our past, define our present, and shape our future.

Accessioned Acquisitions: The collection lies at the heart of the Museum’s mission. It is composed of works of art of notable artistic quality and/or historical significance. The collection is made up of the Henry Walters Bequest (1931) as well as works of art added by gift, bequest, or purchase after 1931. The Museum has full stewardship responsibilities for this collection. Legal ownership of the Henry Walters Bequest lies with the City of Baltimore; legal ownership of works added after 1931 lies with the Trustees of the Walters Art Gallery (dba Walters Art Museum).

Non-Accessioned Acquisitions: These are works of art that have been acquired by the Museum but are not accessioned. They may later be accessioned into the collection, sold, exchanged, or retained for study purposes.

This policy is intended to govern all aspects of the acquisition, deaccession, lending, care, and documentation of works of art. Other materials held by the Museum include, but are not limited to, the Walters Archives, Library, digital assets, the Conservation Study Collection; and works brought in for installations, incidental decoration of public spaces, or for didactic use in exhibitions. These materials are governed by separate policies and procedures that fall outside this Collections Management Policy.

The Museum shall not capitalize or collateralize collections or recognize as revenue the value of donated works.

When recommending a work of art as an Accessioned Acquisition, Museum staff and the Collections Committee must consider the following criteria:

• The quality and historical significance of a work of art, and the work’s capacity to enhance particular collection areas
• The significance or potential social, cultural, or educational value of a work of art to one or several of the Museum’s audiences in alignment with the Museum’s strategic direction and priorities
• The physical condition and appropriateness for exhibition of a work of art
• The ability of the Museum to store and care for a work of art properly
• For purchases, the price of a work of art as it relates to current market values for comparable objects

Recommendations for a work of art as a Non-Accessioned Acquisition should be based upon the following:

• The benefit to the collections or special research projects in retaining the work as study, comparative, or training material
• The contribution to gallery or exhibition display or educational programming
• The purpose of future collection-building
• The physical condition of a work of art
• The ability to store and care for the object and other associated costs
• The value of the object as related to the purchase price, if applicable

Following regular procedure as outlined in this policy (see Section 5), Non-Accessioned Acquisitions can be recommended for return, disposal, or accession into the collection.

The Museum will rigorously research the provenance of a work of art prior to acquisition in order to determine whether the Museum can obtain legal ownership. The research should include, but is not necessarily limited to, the following:

• The authenticity of the work of art
• The condition of the work of art
• The ownership history of the work of art
• Whether the acquisition of the work raises any specific known legal compliance or ethical considerations
• The countries in which the work of art has been located and when
• The exhibition history of the work of art, if any
• The publication history of the work of art, if any
• Whether any claims to ownership of the work of art have been made
• Whether the work of art appears in relevant databases of stolen works
• The circumstances under which the work of art is being offered to the Museum Curators will document and present to the Collections Committee their research into issues of authenticity, attribution, provenance, publications, comparable objects, value, and condition prior to acquisition.

For all acquisitions, the Museum will make a rigorous effort to obtain from sellers and donors all available information and accurate written documentation relating to the ownership history of the work of art. For any acquisition of a work of art that is coming from abroad, the Museum shall obtain all recent import and export documentation. All documentation will be appropriately maintained by the Museum.

All works of art must have a free and clear title. For the purposes of this policy, “free and clear title” means that there is no outstanding lien, encumbrance, mortgage, security interest, or other hypothecation of an interest in the item, and there is no outstanding (pending or threatened) legal, financial, or other claim involving the work to be acquired.

The Museum will comply with all applicable local, state, and federal U.S. laws, including, but not limited to, the National Stolen Property Act (NSPA); the Convention on Cultural Property Implementation Act (CCPIA); sanctions enforced by the Office of Foreign Assets Control (OFAC); the Convention on International Trade in Endangered Species of Wild Flora and Fauna (CITES), and the Native American Graves Protection and Repatriation Act of 1990 (NAGPRA). Because the status of a work of art under foreign law may bear on its legal status under US law, the Museum will take relevant foreign laws into consideration.

It will seek legal counsel, if advisable, before making an acquisition.

When purchasing works of art, the Museum will seek representations and warranties from the seller that the seller has valid title and that the work of art is free from any liens, claims, and encumbrances. The Museum will also seek indemnification for full refund of the purchase price for any work of art in the event of a breach of warranty. These requirements apply to all purchases as appropriate in the judgment of the Museum and its legal counsel.

A Gift is any in-kind donation of a work of art by an individual or organization. To make a valid Gift, there must be clear intention on the part of the donor to transfer title and possession of the property. It is essential to the validity of such a Gift that the transfer of both possession and title shall be absolute and immediate. The donor must intend not only to turn the work of art itself over to the Museum, but also to relinquish all right of dominion.

As a general principle, the Museum only accepts Gifts of works of art on an unrestricted basis whereby a donor has no intent to govern the terms or conditions of the Gift, such as, but not limited to, its use, display, loan, publication, or deaccession and disposal. Any exception must be in writing and must be reviewed and approved by the Board. Before presentation to the Collections Committee and Board, donors are required to sign a Deed of Gift indicating their intention that works are offered as unrestricted Gifts, unless otherwise indicated. To the extent feasible, all acquisitions should include the transfer of all intellectual property rights, including but not limited to copyright, when applicable, in and to the work being acquired.

A bequest is the transfer of particular property to the Museum under the terms of a testamentary disposition. It is important to have on record, as evidence of the transfer of title, a copy of the provision of the testamentary document that concerns the bequest to the Museum as well as verification (if applicable) of the executor’s, trustee’s, or personal representative’s authority and a copy of the final receipt the Museum signs in accepting the bequest.

The Museum is not obliged to accept a bequest. Unless otherwise designated by the donor and agreed to by the Museum, accepted bequests are initially accepted as General Property, and may thereafter, if appropriate, be moved into the Permanent Collection following the procedures set forth herein. If the intended bequest is not accepted, suitable recipients may be recommended to the executor, trustee, or personal representative.

The acquisition of a work of art by gift, bequest, or purchase, including fractional and joint gifts and purchases requires the following:

1. For all acquisitions, the curator recommending the work of art to be purchased writes a detailed proposal, including a description of the work, its condition, publication history, importance to the Museum’s collection, justification for acceptance, provenance, intentions for display (and/or storage) and publication, and the gift or fund against which the purchase will be charged. A conservator and, when appropriate, a conservation scientist must examine all proposed purchases and provide an analysis of the work and assessment of its condition, dating, and attribution as part of the report. This report must be approved by the appropriate staff before recommending to the Executive Director.
2. Recommendation to the Collections Committee by the Executive Director.
3. Recommendation to the Board by the Collections Committee.
4. Approval by the Board.

The Collections Committee must authorize requests to bid at auction; if time constraints are an issue, the Chair of the Collections Committee and the Executive Director will recommend to the Committee on the Museum for approval by the Chair and President of the Board (this fast-track procedure will be used only in exceptional circumstances).

The Executive Director has discretionary purchase limits that are approved by the Collections Committee and the Board, and specified in the Collections Management Procedures Manual. Discretionary purchases follow the same process outlined in item 1 above. All discretionary purchases will be reported to the Collections Committee and to the Board but do not require prior approval.

The Collections Committee and the Board authorize the Executive Director (and/or any designee) to accept year-end gifts after the date of the last calendar meeting of the Board through December 31. All year-end gifts accepted by the Executive Director will be reported to the Collections Committee at the start of the following year and entered on the Board agenda at the first meeting of the following year.

The Executive Director may recommend to the Collections Committee and Board the accession of a previously designated Non-Accessioned Acquisition and transfer of other materials held by the Museum, as described above, to the category of Accessioned Acquisitions. All acquisitions will be recorded in the Minutes of the Board.

The offer of a promised gift or bequest will be presented to the Collections Committee and the Board for authorization prior to acceptance by the Executive Director. The Museum will not be responsible for insuring any works of art not in the Museum’s custody. At the time of the formal gift or bequest, and prior to acceptance of individual works of art into the collection, works will remain subject to the standard approval process, including review and recommendation by the relevant Museum staff and acceptance by the Collections Committee and Board.

The Museum will publish in print and/or electronic form an image of each acquisition (or representative images in the instance of groups of objects) with relevant provenance information.

Antiquities and Ancient Art

The Museum is guided by the Association of Art Museum Directors (AAMD), “Guidelines on the Acquisition of Archaeological Material and Ancient Art,” revised 2013; and the American Alliance of Museums (AAM), “Standards Regarding Archaeological Material and Ancient Art,” June 2008, and any subsequent revisions.

The Museum normally will not acquire an archaeological work or ancient art unless provenance research substantiates that the work was outside of its country of probable modern discovery before 1970 or was legally exported from its probable country of modern discovery after 1970.

The Museum recognizes that even after such research, many works will lack a complete documented ownership history. The Museum may acquire such a work if it can make an informed judgment that the work was outside its probable country of modern discovery before 1970 or legally exported from its probable country of modern discovery after 1970. In other instances, where such an informed judgment cannot be made, the Museum may nonetheless make an informed judgment to acquire a work given the cumulative facts and circumstances resulting from provenance research, including, but not limited to, the independent exhibition and publication of the work, the length of time and place it has been on public display, and its recent ownership history. The Museum may acquire a work if prior to June 2008 it was a promised gift, it was on long-term loan, the Museum had an expectation to receive it by gift or bequest as reflected in writing or communications, or the Museum had acquired a fractional interest in it. In all these instances, the Museum will carefully balance the possible financial and reputational harm and the potential for legal liability against the benefit of acquiring, presenting, and preserving the works in trust for present and future generations. The Museum believes that the artistic achievements of all civilizations should be represented in art museums, which, uniquely, offer the public the opportunity to encounter works of art directly, in the context of their own and other cultures, and where these works may educate, inspire and be enjoyed by all.

The Museum will post archaeological materials or ancient art on its own website and on the AAMD Registry of New Acquisitions of Archaeological Material and Works of Ancient Art. If the Museum, as a result of its continuing research, gains information that establishes another party’s possible ownership of a work, the Museum will bring this information to the attention of the party, and if the case warrants, initiate the return of the work to that party. If a third party brings to the attention of the Museum information supporting the party’s claim to a work, the Museum will respond promptly and responsibly and take whatever steps are necessary to address the claim, including, if warranted, returning the work. Competing claims of ownership that may be asserted in connection with objects in the Museum’s custody will be handled openly, seriously, responsibly, and with respect for the dignity of all parties involved.

Nazi-Era Provenance

The Museum is guided by the Association of Art Museum Directors (AAMD), “Report of the AAMD Task Force on the Spoliation of Art during the Nazi/World War II Era (1933‒1945),” 1998; and the American Alliance of Museums (AAM), “Guidelines Concerning the Unlawful Appropriation of Objects during the Nazi Era,” 2001, relating to the acquisition of works that were likely to have been in German-occupied Europe between 1933 and 1945. This is in addition to the rigorous research and documentation required of all acquisitions. Where the Nazi-era provenance of a proposed acquisition is incomplete or uncertain, the Museum will consider what additional research would be prudent or necessary to resolve the Nazi-era provenance status of the object before acquiring it. In the absence of evidence of unlawful appropriation, the gift or purchase may proceed. Where there is credible evidence of unlawful appropriation with subsequent restitution, the Museum will not acquire the work until taking further action to resolve these issues.

If the Museum, as a result of its continuing research, determines that a work in its collection was unlawfully appropriated during the Nazi era with subsequent restitution, the Museum will make such information public (such as through our website, Nazi-Era Provenance Internet Portal’s website (NEPIP), or AAMD’s Object Registry). If a legitimate claimant comes forward, the Museum will seek to resolve the matter in a prompt, equitable, appropriate, and mutually agreeable manner.

In the event that a third party claims that a work in the Museum’s collection was unlawfully appropriated during the Nazi era without subsequent restitution, the Museum will review the claim promptly and responsibly. The Museum will request evidence of ownership from the claimant in order to assist in determining the provenance of the work. If, after working with the claimant, the Museum determines that the work was unlawfully appropriated without subsequent restitution, the Museum will seek to resolve the matter in a prompt, equitable, appropriate, and mutually agreeable manner.

Human Remains and Culturally Sensitive Materials

Human remains will be displayed in a manner consistent with professional standards, the International Council of Museums (ICOM)’s Code of Ethics for Culturally Sensitive Materials, and the NAGPRA. Where the Museum knows the interests and beliefs of members of the community, ethnic, or religious groups from which the remains originated, those interests and beliefs will be taken into account.

The Baltimore City Code, article 18, subtitle 14-8(e) refers to the powers and duties of the Museum’s Trustees regarding the property and funds bequeathed by Henry Walters and stipulates that: “The Trustees may expend for the same purpose any funds derived from selling any of the contents of Walters Art Gallery [dba Walters Art Museum] or of the property at 5 West Mount Vernon Place found not to be of museum value or interest.” Furthermore, the Baltimore City Code, article 18, subtitle 14-11(a) states: “The Trustees may not sell or otherwise dispose of any work of art without the consent of the Mayor and City Council of Baltimore.”

Deaccessioning is a recognized means of refining and improving the collections to ensure that the Museum owns and uses these collections as appropriate to its mission and public trust responsibilities.

Accessioned Acquisitions in the Museum’s collections may be deaccessioned only after the most rigorous scrutiny. Transparency and professionalism shall govern all aspects of the deaccessioning process and activity. Deaccessioning takes into account the need for outside, independent opinions (especially in the case of an object of significant value), avoidance of conflict of interest, and disclosure and approval by the Museum’s full governing body. Objects from the original Henry Walters bequest (1931) are rarely to be candidates for deaccessioning because the integrity of the collection is in itself a valuable cultural asset.

Nevertheless, on occasion, forgeries, redundant pieces, works judged not to be appropriate to the Museum’s mission, or works beyond repair might be recommended for disposal, even though they form part of the original bequest (see Criteria below).

The Museum will deaccession only works for which it has clear legal title. The Museum will comply with all applicable laws in deaccessioning and disposing of works from the collection. The deaccession and disposal must not violate the provisions of a gift, will, or bequest in those cases where such documents are involved. The Museum will respect, when possible, expressions of a donor’s intent. The Museum will make a reasonable effort to contact the donor or heirs, other family members, or appropriate legal representatives to apprise them of the proposed deaccession and disposal. These actions will not be construed as a request for permission.

Works of art may be recommended for deaccession for a number of reasons, including, but not limited to, the following:

• The object is deemed to be of poor quality or insignificant in aesthetic quality and to lack value for exhibition or study purposes.
• A better or comparable example is in the collection or may be obtained through whole or partial exchange.
• The object is a duplicate, deemed unnecessary to retain.
• The condition of the object is such that repairs are not feasible or will no longer represent the original work of art.
• The Museum is unable to care adequately for the work because of the work’s particular requirements for storage or display or its continuing need for special treatment.
• The object is a reproduction without intrinsic value as an object in itself.
• The authenticity or attribution of the work is determined to be false or fraudulent, and the object lacks sufficient aesthetic merit or art-historical importance to warrant retention.
• The object is deemed not pertinent to any field that falls within the Museum’s mission to collect.
• The Museum’s possession of the work is not consistent with applicable law; e.g., the work may have been stolen or illegally imported in violation of applicable laws of the jurisdiction in which the Museum is located, or the work may be subject to other legal claims.
• A competing ownership claim, whether based on ethical or legal considerations, has been found to have merit after the Museum has respectfully and diligently addressed the claim. As appropriate and reasonably practical, the Museum should seek to resolve the claim through voluntary discussions directly with a claimant or facilitated by a third party.

The deaccessioning of Accessioned Acquisitions requires the following:

1. Review and recommendation to the Executive Director by the appropriate staff in the Art and Program Division.
2. Recommendation to the Collections Committee by the Executive Director.
3. Recommendation to the Board by the Collections Committee.
4. Approval by the Board.
5. For the Henry Walters Bequest (1931), the consent of the Mayor and City Council of Baltimore.

Curators must document and present to the Collections Committee their reasons for recommending an object for deaccession, the proposed method of disposal, and the anticipated proceeds. If the anticipated proceeds exceed $50,000, both an appraisal and a disinterested 3rd party opinion will be required.

Disposal of Non-Accessioned Acquisitions must also be reviewed and recommended in the sequence described above; however, the criteria and requirements for disposal are less stringent than those for Accessioned Acquisitions.

Objects generally will be disposed by (i) sale at public auction; but may also be disposed of by (ii) sale through consignment, (iii) whole or partial exchange, or (iv) direct sale to another museum or suitable institution, dealer or other buyer; (v) gift to another institution; or (vi) return in the case of a legitimate ownership claim when retention is ruled out. If there is minimal or no market value, withdrawn objects may be assigned as study materials and clearly marked as such or destroyed before witnesses.

Funds derived from the disposal of works of art must be used in compliance with the guidelines of AAM and AAMD. Such funds, including any earning and appreciation thereon, will be placed in restricted fund accounts and may only be used to purchase other works of art, with priority given to the collection area represented by the deaccessioned work. Works of art acquired with proceeds from deaccessions will reflect, to the extent practicable, recognition and proper credit to the donors of the works deaccessioned.

Expenses incurred to deaccession a work will be deducted from the resulting proceeds. If there are no resulting proceeds, or the proceeds do not cover the expenses incurred, the additional expenses will be deducted from the appropriate acquisition fund.

The Museum will publish on its website within a reasonable period of time works that have been deaccessioned.

Approval of deaccessions and disposals must be noted in the Minutes of the Board.

Loans of works of art from the collections to other qualified institutions, whether on a short-term or long-term basis, are intended to enhance knowledge and understanding of the works by presenting them in a new context. The Museum encourages such loans to advance art-historical and conservation research and the public understanding of art and culture, and to enable a wider audience to see and enjoy the Museum’s collections.

The safety and preservation of an object proposed for loan must be the primary consideration. Each request will be considered on a case-by-case basis, always taking into account staff commitments and the work of art’s recent travel and display history, as well as projected future gallery presentations by the Museum. An object must be in stable condition and able to withstand handling and transportation during its loan period. Borrowers must agree to the Museum’s terms and be able to meet the Museum’s environmental, security, and professional standards for the works of art requested for loan. The borrower will be responsible for all costs related to the loan including an administrative loan fee and any expenses incurred in conserving, preparing, packing (including labor costs), crating, shipping, and couriering the loan. The Museum will lend only works of art to which it possesses clear title.

Outgoing loans require the following:

1. Review and recommendation to the Executive Director by the appropriate staff in the Art and Program Division.
2. Recommendation to the Collections Committee by the Executive Director.
3. Recommendation to the Board by the Collections Committee.
4. Approval by the Board.

Loans will be presented to the Collections Committee for discussion. The Board approves all outgoing loans.

The Museum borrows works of art to enhance its collection holdings and to develop temporary and traveling exhibitions. Incoming loans may be of short-term or long-term duration and may include, but are not limited to, special exhibitions, smaller focus shows, loans included in permanent galleries, loans brought in for examination and study, loans placed on deposit with the Museum to augment the collections but that are not necessarily placed on view, and loans that enhance the Museum’s teaching and research roles as carried out by the curatorial, conservation, and education departments or any other purpose determined by the Executive Director to serve the Museum’s mission.

The Museum will apply the same level of scrutiny and transparency to the acceptance and handling of loans under its care as it does to acquisitions, including but not limited to authenticity, condition, provenance, issues relating to antiquities and ancient art, Nazi-era provenance, compliance with all applicable laws, conflicts of interest, and perceived conflicts of interest. Loans should have a clear connection to the Museum’s mission and be consistent with the intellectual integrity and purpose of the project or exhibition for which the loan is intended. Other criteria taken into consideration are compliance with the Museum’s loan terms (see Appendix B, Incoming Loan agreement), display requirements, space considerations, storage, commercial endorsements, and costs.

The Executive Director, in consultation with the appropriate Art and Program staff, must approve all incoming loans. The Museum reserves the right to reject at its sole discretion any offer of an incoming loan.

Loan to the Museum of objects owned by members of the Board, volunteers, and employees for exhibition purposes are subject to additional approval by the Collections Committee.

The Museum, through its curatorial, registrar, and conservation units, maintains accurate, up-todate records on the identification, location, condition, and treatment of objects in the collections, including pre-accessioned, accessioned, non-accessioned, and deaccessioned works of art, as well as loans and ongoing activities such as exhibitions, research, and correspondence with donors and scholars.

All records created or received in the transaction of the Museum’s proper business are the property of the Museum and must not be dispersed or destroyed except in accordance with appropriate record retention procedures.

The Museum will provide access as manageable and appropriate to materials relating to the collections unless they are designated confidential or would suffer physical harm if handled.

The Museum, in its efforts to practice due diligence in the accountability and preservation of its collections, physically inventories the entire collection every 10 fiscal years at the rate of 10 percent per fiscal year.

In keeping with the Museum’s public trust responsibilities, the City of Baltimore maintains for the Museum a blanket fine arts policy to insure the collections and loans. This insurance includes coverage on premises, in transit, and at other locations with policy limits per occurrence. The Head of Collections Management is the contact between the Museum and its fine arts insurance carrier and broker/adjuster and will coordinate and file all insurance claims or losses under the Museum’s policy, in consultation with the Deputy Director for Art and Program, the COO, and the Executive Director.

The Museum does not view insurance as a substitute for sound risk management. Risk management is a shared responsibility within the Museum because it covers a broad spectrum of concerns including security and security systems, facilities maintenance, pest management, fire detection and suppression systems, environmental monitoring, collection preservation, care, handling, storage, installation, packing, shipping, record keeping, inventory, access, and disaster planning.

Appraisals

The Museum has a longstanding policy not to provide appraisals to donors. Under current IRS guidelines, the Museum cannot act as a qualified appraiser because of the inherent conflict with its role as a donee.

Personal Collecting

The Walters Art Museum permits personal collecting in all fields by Board members, volunteers, and employees as long as they neither compete with the Museum for the collectible objects nor take advantage of information proprietary to the Museum. No member of the Board, volunteer, or staff member may use their affiliation with the Walters to promote personal, family, or associates’ personal collecting activities. Special exceptions may be permitted only after (i) full disclosure by the Board member, volunteer, or employee, and (ii) review and approval by the Committee on Governance. Should conflicts develop between the desires of the individual and the needs of the Museum, the needs of the Museum must prevail.

Buying and Selling Objects

Board members, volunteers, and employees may not deal in objects similar to those collected by the Museum. Dealing is defined as buying and selling for profit as distinguished from occasional selling or exchanging in the management of a personal collection. Special exceptions may be permitted only after (i) full disclosure by the Board member, volunteer or employee, and (ii) review and approval by the Committee on Governance.

No member of the Museum’s Board, staff, or anyone whose association with the Museum might give them an advantage in acquiring the work, will be permitted to acquire directly or indirectly, in whole or in part, a work disposed of by the Museum, or otherwise benefit from its sale or trade. The foregoing, however, shall not apply to a sale by the Museum of a work to a co-owner(s) of the work.

Outside experts brought in to give their opinions about proposed deaccessions and the institutions with which they are affiliated may not acquire directly or indirectly the disposed work(s) for which they have rendered an opinion and must sign a document to this effect. Loan of Objects to Board Members, Volunteers, and Employees Loan of the Museum’s collections to members of the Board, volunteers, or employees is prohibited.

Loan to the Museum of objects owned by members of the Board, volunteers, or employees for exhibition purposes is permitted as long as the loan receives the approval of the Collections Committee. Loan to the Museum of objects for teaching purposes is permitted. Loans of this nature will be subject to the same approval process as other incoming loans.

This Policy shall be interpreted in a manner to comply with and be consistent with the By-Laws and other policies of the Museum.

The procedures and forms that ensure the Museum is in compliance with this Policy are reviewed, as deemed appropriate, by the Deputy Director for Art and Program, and approved by the Executive Director.

This Policy was approved by the Board on June 15, 2021. This Policy will be updated as necessary and reviewed by the Board every five years.

• The Baltimore City Code
• The American Association of Museums (AAM), “Code of Ethics for Museums,” 2000
• The Association of Art Museum Directors (AAMD), “Amendment to Appendix A to Professional Practices in Art Museums: A Code of Ethics for Art Museum Directors,” 2013
• The UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property of 1970 (accepted by the United States in 1983)
• The American Association of Art Museums (AAM) “Standards Regarding Archaeological Material and Ancient Art,” June 2008
• The Association of Art Museum Directors (AAMD), “Guidelines on the Acquisition of Archaeological Material and Ancient Art,” revised 2013
• The American Association of Museums (AAM), “Guidelines Concerning the Unlawful Appropriation of Objects During the Nazi Era,” 2001
• The American Association of Museums (AAM) Information Center Fact Sheet – Guidelines for Discussion of Deaccessioning, 2003 (access by members only)
• The American Association of Museums (AAM) Information Center Fact Sheet – Selling Deaccessioned Materials Online, 2004 (access by members only)
• American Association of Museums (AAM) Information Center Fact Sheet – Ethics of Deaccessioning, 2005 (access by members only)
• The Association of Art Museum Directors (AAMD) Professional Practices in Art Museums, 2011: Appendix B: Deaccessioning and Disposal, June 2010
• The American Association of Museums (AAM), “Guidelines on Exhibiting Borrowed Objects,” July 2000
• “The Report of the Association of Art Museum Directors Subcommittee on Incoming Loans of Archaeological Material and Ancient Art,” February 2006
• International Council of Museums, ICOM Code of Ethics for Museums, 2017
• Code of Ethics – Association of Registrars and Collections Specialists, approved June 2016