The Met has for decades had a policy requiring that artifacts entering the collection be accompanied by export and import licenses indicating they were legally removed from their countries of origin. In the case of Mr. Kapoor, the authorities have said he sometimes provided counterfeit licenses in an effort to dupe museum curators and other buyers.
The Met declined to say whether it had received any licenses when the Kapoor items were acquired. In its statement, it said “as each gift entered the collection it underwent the review protocol of that time — which is to acknowledge that we and the entire field have heightened procedures in recent years.”
Since that time the Met and other American museums have adopted far more painstaking requirements. In part, those strictures read: “The Museum will thoroughly research the ownership history of any archaeological materials or ancient art prior to its acquisition, including making a rigorous effort to obtain accurate written documentation with respect to its history, including import and export documents.”
In the years since Mr. Kapoor was arrested, at least 10 American museums, including the Toledo Museum of Art, the Honolulu Museum of Art, and the Samuel P. Harn Museum of Art at the University of Florida, have deaccessioned dozens of items with provenances that stretched back to him.
Key to any repatriation claim by India is establishing evidence of where an artifact might have been taken and when. In 1972, India ratified an international treaty barring the export or transfer of cultural property that lacked explicit government approval and formal documentation.
Homeland Security investigators and officials with the Manhattan district attorney’s office have spearheaded the domestic investigation into Mr. Kapoor, seizing more than 2,500 items from warehouses he controlled. Indian officials have begun to sort through these stockpiles to determine which items they can definitively claim and to weed out fakes. As a result, the vast majority of the relinquished items have yet to return to India, and the repatriations have been piecemeal.