Overview
- The Supreme Court has reassumed a constitutional appeal that asks whether the 1984 decree declaring Frida Kahlo's oeuvre Monumento Artístico can prohibit definitive export of protected works.
- The Colección Gelman has left Mexico under temporary export permits for shows in Europe and is scheduled to return in 2028, while a civil collective has filed an amparo challenging those authorizations.
- INBAL and the Secretaría de Cultura say the Gelman agreement with Fundación Banco Santander is limited to management, conservation, research and international diffusion and does not transfer ownership of the works.
- Thirty pieces in the Gelman collection carry declaratoria as Monumento Artístico, so any temporary exit of those works required INBAL authorization under the Federal Law on Monuments.
- A Supreme Court precedent would affect future export approvals and legal certainty for private owners, lenders and museums by clarifying the scope of state power under the 1972 monuments law and the 1984 decree.