Reviewing Committee on the Export of Works of Art and Objects of
Cultural Interest: Note of case hearing on 10 December 2008: Eleven
dresses designed by Madeleine Vionnet (Cases 15 and 16, 2008-09)
Application
1. The Reviewing Committee on the Export of Works of Art and Objects of
Cultural Interest (RCEWA) met on 10 December 2008 to consider two
applications to export a total of eleven dresses designed by the Parisian
couturier Madeleine Vionnet. The first application (Case 23) was to export four
dresses and the value shown on the export licence was £88,709.67, which
represented the owner’s asking price in US dollars, as accepted by the
purchaser, converted into sterling on the date of the application (3 October
2008). The second application (Case 24) was to export seven dresses and the
value shown on the export licence was £269,019.68, which represented the
owner’s asking price in US dollars, as accepted by the purchaser, converted
into sterling on the date of the application (3 October 2008). The expert adviser
had objected to the export of all eleven dresses on the grounds that each one
individually met the second and third Waverley criteria; i.e. that it was of
outstanding aesthetic importance, and of outstanding significance for the study
of some particular branch of art, learning or history.
2. The six regular RCEWA members present were joined by three
independent assessors, acting as temporary members of the Reviewing
Committee.
3. The applicant confirmed that the value did not include VAT and that VAT
would not be payable in the event of a UK sale. The applicant also confirmed
that the owner understood the circumstances under which an export licence
might be refused. The applicant stated that, if the decision on the licence was
deferred, the owner would not allow the dresses to be displayed for fund-raising
due to their fragile nature and because their value was based on their condition
and the fact that they had never been exhibited. The applicant stated that it
would be impossible to exhibit the dresses without jeopardising their
exceptional condition.
Expert’s submission
4. The expert had provided a written submission stating that the dresses
were superior examples of provenanced couture wear from one of Europe’s
greatest couture houses and were still in excellent condition. They employed a
variety of textiles, including silk jersey, tulle, cotton organdie, lace, and floral
printed silk. As well as being of outstanding aesthetic importance, they were
considered significant for study because they demonstrated a variety of
dressmaking techniques, such as smocking, embroidery, scalloped hems, and
multiple tiers of lace. Together they showed the impressive range of Vionnet’s
skill and the qualities which made her ‘the designer’s designer’: precise cut,
delicate construction and superb attention to finishing details.
5. At the meeting the expert adviser said that other dresses designed by
Madeleine Vionnet from the same British owner’s collection had in the past
been exported without an objection being raised. The objection to the export of
these eleven dresses was based upon their excellent condition and their range
of textiles and techniques, unmatched by other Vionnet dresses already in UK
public collections.
Applicant’s submission
6. The applicant had stated in a written submission that the dresses were of
outstanding aesthetic importance and of outstanding significance for the study
of fashion history, and that they should be preserved and exhibited in a
museum environment. The overseas buyer had agreed to pursue the purchase
of the dresses, and to conserve, preserve and exhibit them in the conditions
required by their delicate nature.
7. When asked at the meeting about the attribution of the dresses to Vionnet,
the applicant explained that they did not have labels because the fabrics were
too delicate, but that the labels with the Vionnet name were in the matching
slips. The applicant showed the Committee some of the slips with the labels
containing Vionnet’s signature and trademark thumbprint.
Discussion by the Committee
8. The expert adviser and applicant retired and the Committee discussed the
case. It was agreed by all that each of the dresses was of outstanding aesthetic
importance and was also important for study. Although there were other
Vionnet dresses in UK collections, none matched these eleven dresses in
terms of both their condition and the range of techniques and textiles they
demonstrated.
9. Some of the Committee members said that the prices of the dresses
seemed high. Other members said that the prices were pitched higher than
auction prices but were reasonable for retail prices, and that overseas
museums were currently willing to pay these amounts for dresses of this
quality. The Committee agreed to accept the prices given on the export licence
applications as fair matching prices.
Waverley Criteria
10. The Committee voted on whether each of the dresses met the Waverley
criteria. All nine members voted that each dress met both the second and third
Waverley criteria. Each of the dresses was therefore found to meet both the
second Waverley criterion, due to its outstanding aesthetic importance, and the
third Waverley criterion, due to its significance for the study of fashion history.
Matching offer
11. The Committee recommended as fair matching prices the figures listed on
the sale or return memo in US dollars. The total fair matching price for all
eleven dresses was $665,000. The Committee agreed that to set the fair
matching price in dollars would create uncertainty for any UK institution
wishing to make an offer and for the owner because the sterling equivalent
would depend on the exchange rate at the time the matching offer was made.
In the circumstances it was considered preferable that the fair matching price
should be set in sterling. In the particular circumstances of this case it was
concluded that the exchange rate used for the conversion should be the rate
applicable on the date of the case hearing on 10 December 2008.
Deferral period
12. The Committee agreed to recommend to the Secretary of State that the
decision on the export licence should be deferred for an initial period of three
months. If, within that period, MLA received notification of a serious intention to
raise funds with a view to making an offer to purchase, the Committee
recommended that there should be a further deferral period of three months.
Communication of findings
13. The expert adviser and the applicant returned. The Chairman notified them
of the Committee’s decision on its recommendations to the Secretary of State.
The applicant was not able to confirm at the hearing that the owner would
accept a matching offer at the price recommended by the Committee if the
decision on the licence was deferred by the Secretary of State, and was asked
to confirm this as soon as possible after the hearing. The Chairman notified the
applicant that, should the Secretary of State agree to defer the decision on the
licence, access to the dresses should be provided to potential purchasers for
the purposes of inspection. If a serious expression of interest in purchasing the
dresses were received, they should be made available for some form of public
exhibition appropriate to their condition in order to assist with fund-raising.
Subsequent developments
14. The applicant confirmed in writing after the hearing that the owner would
accept a matching offer at the price recommended by the Committee.
15. As the prices of the dresses had only been agreed between buyer and seller
in US dollars, these amounts needed to be converted into sterling for the purpose
of setting a fair matching price. The exchange rate used for the conversion is the
rate applicable on the date of the case hearing, 10 December 2008. The
exchange rate on this date was 1.4798 dollars to the pound. Therefore the total
price of $665,000 was converted to a sterling price of £449,385.05. The applicant
agreed to accept this as a fair matching price.
16. The Secretary of State accepted the Committee’s recommendations.
17. The individual matching prices for each dress were agreed as follows:
SA 7: Blue, red & black rose motif afternoon dress. Vionnet, 1931,
£23,651.84
SA 15: Blue & red poppies printed on chiffon floor length evening dress.
Vionnet, 1934. £30,409.51
SA 41: White flowers on black net ballgown. Attributed to Vionnet, c.1935.
£23,651.84
SA 48: Cream organdie & black Chantilly lace ballgown and matching muff.
(Lesage), attributed to Vionnet, 1935. £33,788.35
SA 1: Gold coloured tulle allover evening dress with pale coloured silk floss.
Vionnet, 1929. £47,303.69
SA 8: Coffee coloured tulle evening dress embroidered with autumn coloured
silk floss. Vionnet, 1929. £54,061.36
SA 14: Cream tulle floor length ballgown with mock-smocked bodice.
Vionnet, 1934. £57,440.19
SA 19: Cream tulle ballgown with matching velvet swallow design. Vionnet,
1935. £43,924.85
SA 24: White organdie ballgown, embroidered with motif of bouquets of
flowers and sheaves of wheat. Vionnet, 1938. £43,924.85
SA 28: Black Chantilly lace evening dress with appliqué of black velvet bows.
Vionnet, 1938. £47,303.69
SA 31: Shell pink tulle with Catherine wheel embroidery evening dress.
Vionnet, 1929. £43,924.85