The private Kunstmuseum Bern Foundation declared today that it would accept the bequest of Cornelius Gurlitt. At the same time, Minister of State for Culture and the Media Prof. Monika Grütters, Bavarian Minister of State for Justice Prof. Winfried Bausback, and President of the Board of Trustees of the Kunstmuseum Bern Foundation Prof. Christoph Schäublin signed an agreement on how to manage the bequest (at www.kulturstaatsministerin.de or www.justiz.bayern.de).

Grütters, Bausback, and Schäublin issued a joint statement in Berlin today saying, “With this agreement, the German Federal Government and Bavaria are duly living up to their special historical responsibility to get to grips with National Socialist injustice as well as to their responsibility towards the rightful owners of suspected Nazi looted art in the Gurlitt bequest. The Kunstmuseum Bern is also prepared to take on the responsibilities which accepting Cornelius Gurlitt’s bequest brings with it.”

The director of education and culture for the Canton of Bern, Dr Bernhard Pulver, lauded “the Kunstmuseum Bern's painstaking assessment of the situation and its courage.”

Prof. Schäublin, President of the Board of Trustees of the Kunstmuseum Bern Foundation, explained that the Kunstmuseum had been taken completely by surprise by the bequest and that making a decision had not been easy for the Board of Trustees. “It did not trigger any feelings of triumph. That would have been totally inappropriate given the history overshadowing the collection. Ultimately, our concern is to clarify the issue of whether and how the Kunstmuseum Bern can live up to the responsibility imposed on it by the bequest – an exceptionally complex responsibility: towards those who suffered terribly and whose anguish continues still through parts of the Gurlitt collection; towards those who are making rightful claims after decades; towards interested parties and the general public, which has a right to be informed about the history of how the collection came to be; towards the collection itself, which comprises valuable objects of art – which makes it desirable that it remain intact as far as possible and be made accessible to the public; and, not least, towards the Kunstmuseum itself, whose reputation and economic stability must not be endangered.” The basic strategy outlined in the agreement with the Federal Republic of Germany and Bavaria is very important for the Kunstmuseum Bern: “Looted art or works of art suspected of being stolen by the Nazis will remain in Germany. At the same time, Bern will actively participate in the provenance research in close cooperation with the task force assigned for this purpose. The ultimate goal is to clarify the provenance of all the works of art in the collection and thereby the restitution of all looted Nazi art to its rightful owners.” He went on to say that the Board of Trustees was convinced that, on the basis of mutual trust and in collaboration with Berlin and Munich, the best possible solution had been found to serve the interests of all parties and claimants. Of course it was true that there was still much to be done and that everyone involved was just starting out on a long journey together.

Culture Minister Grütters emphasized that the uncompromising investigation into Nazi looted art had a relevance that extended way beyond the legal dimension: “The fate of an individual always lies behind every work of art that has been confiscated or stolen. We want to live up to Germany’s special responsibility towards the victims of the Nazi dictatorship – not only at a legal level but also morally. Therefore, all the works of art in the bequest that prove to be Nazi looted art will be returned immediately to their rightful owners. As a matter of course, the German Federal Government will cover the costs incurred. Through the agreement, we are facing up to our historical obligation with the uttermost transparency in provenance research. As of today therefore and taking into account the rights of third parties, Cornelius Gurlitt’s business ledgers will be accessible to the public at www.lostart.de. Grütters went on to say, "For me it was very important – also in the case of the works of art that were decried as ‘degenerate’ by the Nazis and removed from public collections and museums – to find solutions which take into account the interests of everyone concerned, especially those of the museums from where these works were confiscated. Therefore I am delighted that the Kunstmuseum Bern is willing to prioritize loan requests from the museums that owned the respective works until they were seized by the Nazis in the framework of their ‘degenerate art’ policy – and to grant these loans wherever possible.”

Bavaria’s Minister of State for Justice Bausback sees the agreement as a major step in the restitution of Nazi looted art to the victims of Nazi terror and their heirs: “With the so‑called ‘Schwabing art discovery,’ our primary concern from the very beginning was that we live up to our special historical obligations – to our responsibility towards the victims of Nazi terror and towards our history! Therefore, after hearing about the discovery of the art trove, together with the German Federal Government, I ensured that the Federal Government and the State of Bavaria set up a task force to research the provenance of the paintings on a broad base. We discussed the issue with Cornelius Gurlitt and came to an agreement guaranteeing that provenance research will definitely continue! And I will remain committed to ensuring that the appropriate legal action is taken,” Bausback added with a reference to his drafting of a Cultural Property Restitution Law. This is intended to prevent mala‑fide owners of looted art from being able to plead the statute of limitations to the detriment of rightful restitution claims. Bausback went on to say, “After long negotiations with Cornelius Gurlitt, I am happy to say that today we can uphold the agreement and translate it into a concrete course of action. Namely, that research into the provenance of the pictures can be continued, that pictures suspected of being looted art can still be uploaded to the Lost Art Internet Database, that restitution claims can take place according to the Washington Principles, and that this will be accepted by Bern. By including this in the agreement, by likewise continuing our participation in the funding of the task force, and by safekeeping the works in Bavaria, the Bavarian State is continuing to live up to the responsibilities that arose through the discovery of the art trove in Schwabing.”

On the occasion of the signing of the agreement, the Bavarian State Minister for Education and Cultural Affairs, Science and the Arts, Dr Ludwig Spaenle, stated, “I welcome the fact that the Kunstmuseum Bern, as the beneficiary of Cornelius Gurlitt’s bequest, is committed to upholding the Washington Principles. Bavaria will continue to support the provenance research of the Gurlitt estate.”

The Canton of Bern director of education and culture, Dr Bernhard Pulver, fully supports the decision by the Board of Trustees of the Kunstmuseum Bern Foundation: “In terms of cultural policy it is correct and underpinned by a strong sense of responsibility.” Even if art of questionable provenance or art under suspicion of being stolen remained in Germany and did not go to Bern, the Kunstmuseum was taking on the responsibility of actively supporting provenance research and the investigation of information pertaining to looted art and its handling, thereby fundamentally sensitizing awareness on how to deal with art policy issues relating to dictatorship. “The way I see it, it is pivotal that the Board of Trustees decided to institute a research centre. The decision to accept the bequest – and of this I am convinced – is also in the victims’ interests.” He added that the exemplary handling of the Gurlitt bequest would remain an ongoing task for the Kunstmuseum. “The Kunstmuseum has shown courage in taking on this challenge, not only with regard to content but also financially. It remains to be seen how the Canton of Bern can support it. Moreover, I very much hope that all interested parties honour the courage of the Kunstmuseum Bern by providing their collaboration and support – with the mutual goal of clarifying outstanding issues as quickly as possible.”

Background: The agreement specifies the details of the agreement on procedures between the Federal Republic of Germany and Bavaria with Cornelius Gurlitt of April 3, 2014, which remains in effect and will remain binding after Mr Gurlitt’s death for his heirs and therefore for the Kunstmuseum Bern (KMB). It adapts the agreement to the special circumstances resulting from Cornelius Gurlitt’s decision to bequeath his estate to the Kunstmuseum Bern.

The agreement signed today envisages that investigation into the provenance of the artworks will be continued and funded by the German Federal Government and Bavaria, and that this investigation will be extended to include the works found in Cornelius Gurlitt’s home in Salzburg as well as possible further works of art that may be found at a later date. During 2015, the task force, which will be able to work more efficiently and faster now that the situation has been clarified, will submit a report for each artwork. Depending on the results, the task force will proceed in various ways:

Nazi looted works of art will be restituted immediately by the German Federal Government as soon as their rightful owner has been identified. Works for which the provenance cannot be clarified sufficiently will be made public at www.lostart.deand exhibited with a view to the greatest possible transparency, if the KMB decides to refuse an artwork. Otherwise, the pieces of the collection will be transferred into the hands of the KMB, which will then bear the sole responsibility for them just like the works that are verified as not being Nazi looted art by the task force.

The following will apply for works of art that were removed from German museums as “degenerate art” by the Nazi regime: these works will go to Switzerland if there is no suspicion that they were stolen or confiscated by the Nazis. However, the KMB will give priority to loan requests from museums which suffered losses at the hands of the Nazis and, if possible, grant such requests.

A more precise summary of the principal content of the agreement is attached to this press release.