{"id":10107,"date":"2026-01-24T16:22:33","date_gmt":"2026-01-24T15:22:33","guid":{"rendered":"https:\/\/fossiland.com\/the-trade-in-chinese-fossils-a-risky-venture\/"},"modified":"2026-08-02T16:47:45","modified_gmt":"2026-08-02T14:47:45","slug":"the-trade-in-chinese-fossils-a-risky-venture","status":"publish","type":"post","link":"https:\/\/fossiland.com\/en\/the-trade-in-chinese-fossils-a-risky-venture\/","title":{"rendered":"The Trade in Chinese Fossils\u2014A Risk for Collectors"},"content":{"rendered":"\t\t<div data-elementor-type=\"wp-post\" data-elementor-id=\"10107\" class=\"elementor elementor-10107 elementor-10103\" data-elementor-post-type=\"post\">\n\t\t\t\t<div class=\"elementor-element elementor-element-21a9741c e-flex e-con-boxed e-con e-parent\" data-id=\"21a9741c\" data-element_type=\"container\" data-e-type=\"container\">\n\t\t\t\t\t<div class=\"e-con-inner\">\n\t\t\t\t<div class=\"elementor-element elementor-element-a069a9a elementor-widget elementor-widget-text-editor\" data-id=\"a069a9a\" data-element_type=\"widget\" data-e-type=\"widget\" data-widget_type=\"text-editor.default\">\n\t\t\t\t\t\t\t\t\t\n<p>Feathered dinosaurs from Liaoning, marine reptiles from Guizhou and Yunnan, and birds from China\u2019s Cretaceous period: Fossils of extraordinary scientific significance have been appearing for years on major auction houses and sales platforms. Most are offered for sale from Taiwan or Hong Kong with a \u201ccertificate of authenticity.\u201d Almost always, the trail leads back to mainland China\u2014and under current law, these sales are mostly illegal.  <\/p>\n\n<p>This article explains why Chinese fossils are protected and what laws apply.<\/p>\n<p> <\/p>\n\n<h2 class=\"wp-block-heading\">The Fascination of Fossils from China<\/h2>\n\n<p>China is home to some of the world\u2019s most significant fossil sites. The Jehol Biota in Liaoning (Lower Cretaceous) is the source of the famous feathered dinosaurs, primitive birds such as Confuciusornis, and exquisitely preserved skeletons with skin and feather impressions. Complete marine reptiles\u2014ichthyosaurs such as Mixosaurus, thalattosaurs such as Anshunsaurus, nothosaurs, and Keichousaurus\u2014have been found in the Middle and Upper Triassic strata of Guizhou and Yunnan.  <\/p>\n<p> <\/p>\n\n<h2 class=\"wp-block-heading\">The Legal Situation in China: Comprehensive Protection of Fossils<\/h2>\n\n<p>The protection was structured in three stages:<\/p>\n<p> <\/p>\n\n<ul class=\"wp-block-list\">\n<li><strong>1982 \u2013 Cultural Heritage Act.  <\/strong>Article 2 of the \u201cLaw of the People\u2019s Republic of China on the Protection of Cultural Property\u201d (November 19, 1982) expressly places vertebrate fossils and early human fossils of scientific value under the same state protection as cultural property. Since then, the export of protected vertebrate fossils has been subject to authorization or prohibited. <\/li>\n\n<li><strong>2002 \u2013 Excavation Rules.  <\/strong>The Ministry of Land and Resources issued uniform administrative regulations on fossil excavation for the first time and consolidated jurisdiction under a single agency\u2014a step toward addressing the previously patchy oversight.<\/li>\n\n<li><strong>2011 \u2013 The Comprehensive Fossil Protection Ordinance.  <\/strong>Under State Council Decree No. 580, the \u201cRegulations on the Protection of Paleontological Fossils\u201d (adopted on August 25, 2010, effective as of January 1, 2011; amended by Decree No. 709 on March 2, 2019), fossils were granted their own protection status for the first time\u2014separate from cultural property law. For the first time, invertebrates, plants, and trace fossils are also protected at the national level. <\/li>\n<\/ul>\n\n<p>Fossils subject to special protection may be exported only in strictly limited exceptional cases and with official authorization; their sale, exchange, or transfer to foreign nationals or foreign institutions is prohibited. Thus\u2014contrary to the widespread perception of a law \u201cfrom around 2005\u201d\u2014it is not a single year that is decisive, but rather this phased ban, which has been in effect nationwide since at least 2011. Serious violations of cultural property and smuggling laws in China can be punished with long prison terms, or in severe cases, life imprisonment.  <\/p>\n<p> <\/p>\n\n<h2 class=\"wp-block-heading\">The catalyst for export restrictions: Senckenberg Psittacosaurus<\/h2>\n\n<p>A prominent example from Germany illustrates just how controversial this topic is. The Senckenberg Natural History Museum in Frankfurt houses an exceptionally well-preserved Psittacosaurus (collection number SMF R 4970) from the Jehol Biota in Liaoning. The specimen features fossilized skin, bristle-like structures on its tail, and even stomach contents.  <\/p>\n\n<p>The artifact left China in the 1990s under legally questionable circumstances, amid a wave of fossil smuggling from Liaoning. The museum acquired it around 2001 from a well-known German fossil dealer for approximately $200,000; a controversial debate erupted over its legal ownership. Scientifically, the find is now considered a treasure\u2014described as the only known cloaca of a non-avian dinosaur to date (Vinther et al. 2021) and later reexamined using laser-induced fluorescence (Bell et al. 2022).&#8221;  <\/p>\n\n<p>Such cases\u2014including the 1999 Archaeoraptor forgery scandal\u2014increased pressure to tighten Chinese law. The comprehensive regulation of 2011 is also a response to this. <\/p>\n<p> <\/p>\n\n<h2 class=\"wp-block-heading\">What international and German law have to say on the matter<\/h2>\n\n<p>Protection does not end at China&#8217;s border. A multi-tiered regulatory framework applies to imports into Europe: <\/p>\n\n<ul class=\"wp-block-list\">\n<li><strong>1970 UNESCO Convention.  <\/strong>The Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property requires States Parties to cooperate. China has been a State Party since 1989, the Netherlands since 2009, and Germany has implemented it domestically. <\/li>\n\n<li><strong>EU Regulation 2019\/880.  <\/strong>It regulates the import of cultural goods into the EU, which also includes specimens of paleontological interest. The general import ban on goods that were unlawfully exported from their country of origin has been in effect since December 28, 2020\u2014regardless of age or value. As of June 28, 2025, there is an additional requirement to submit, depending on the category, either an import license or an import declaration via the central EU system (ICG).  <\/li>\n\n<li><strong>German Cultural Property Protection Act (KGSG), 2016.  <\/strong>Section 28 of the KGSG prohibits the import of cultural property that a State Party (e.g., China) classifies as national cultural property and that was removed from the country in violation of that State\u2019s export laws. The cut-off date of April 26, 2007, is relevant in practice for transfers from UNESCO contracting states. Anyone who knowingly imports such cultural property is liable to prosecution under \u00a7 83 of the KGSG\u2014with a prison sentence of up to five years. The law applies to imports made since its entry into force on August 6, 2016, and does not have retroactive effect.   <\/li>\n<\/ul>\n\n<p>For a Chinese vertebrate fossil, this generally means: If it was exported from China without a permit after 2007 and imported into Germany after 2016, the import is prohibited and punishable by law if the importer is aware of this\u2014regardless of which third country it passed through.<\/p>\n<p> <\/p>\n\n<h2 class=\"wp-block-heading\">The Detour Through Taiwan and Hong Kong<\/h2>\n\n<p>This is exactly where the common pattern begins. The fossils are transported from the mainland to Hong Kong or Taiwan and \u201cre-exported\u201d from there to the rest of the world as supposedly legal goods. To justify this, the argument goes, for example, that such goods can be legally imported from Taiwan, that there is unrestricted trade with the People\u2019s Republic, and that there are no restrictions on fossils in Taiwan, which is why they may be exported.  <\/p>\n\n<p>This argument misses the point. The UNESCO Convention, the EU Regulation, and the KGSG all refer to the country of origin\u2014that is, the country where the fossil was formed and discovered. That is China. Transit through a third country does not remedy an unlawful export from China. The stopover obscures the origin but does not change the legal situation.    <\/p>\n<p> <\/p>\n\n<h2 class=\"wp-block-heading\">The Catawiki platform as a central marketplace for Chinese fossils<\/h2>\n\n<p>The trade in Chinese fossils has been strictly enforced by U.S. Customs and Border Protection (ICE) for years. Chinese vertebrate fossils are not found at the major fossil shows in Tucson or Denver. Regulations in the United Kingdom are similarly restrictive.  <\/p>\n\n<p>France, too, has recently tightened its stance for 2025. At Mineral&#038;Gem\u2014the world\u2019s second-largest show after Tucson\u2014French customs patrols were announced for the first time. As if by magic, within a few hours, the otherwise popular fossils such as Anchiornis and Mixosaurus, as well as the relatively common Keichousaurus, had vanished from the tables.  <\/p>\n\n<p>Catawiki, based in the Netherlands, has established itself over the years as a central hub for Chinese fossils and has recently further expanded this market position. Feathered predatory dinosaurs are sold there by the global market leader <a href=\"https:\/\/www.catawiki.com\/de\/u\/12320331-confuciusornis\" target=\"_blank\" rel=\"noopener\"><strong>Theropoda Club<\/strong><\/a> . <\/p>\n\n<p>Catawiki is trying to protect itself with its <strong>disclaimer<\/strong>:<\/p>\n\n<p><em>\u201cThe seller has been informed by Catawiki of the documentation requirements and guarantees the following: &#8211; The item was acquired legally. &#8211; The seller has the right to sell and\/or export the item (if applicable). &#8211; The seller will provide the required provenance information and obtain the necessary documents, permits, and\/or licenses (where applicable and as required by local laws). &#8211; The seller will inform the buyer of any delays in obtaining permits or licenses. By submitting a bid, you acknowledge that, depending on your country of residence, import documents may be required and that obtaining permits or licenses may result in delays in the delivery of your item.\u201d<\/em><\/p>\n<p> <\/p>\n\n<h2 class=\"wp-block-heading\">How to Tell If Someone&#8217;s Background Is Made Up<\/h2>\n\n<p>However, this cleverness does not hide the fact that sellers there are doing everything they can to conceal the fact that the goods are exported from China.<\/p>\n\n<ul class=\"wp-block-list\">\n<li><strong>Backdated provenance.  <\/strong>The \u201cstatement of provenance\u201d claims that the item was acquired before the protection laws went into effect\u2014for example, \u201cacquired in 1980, in the collection since 1989.\u201d Such rounded-off pre-1982 dates appear in virtually identical form in a great many lots. <\/li>\n\n<li><strong>Conflicting origins.  <\/strong>On Catawiki, the country of origin is often listed as \u201cAsia\u201d rather than \u201cVRC.\u201d The certificate lists \u201cYunnan, China\u201d as the place of discovery, while the accompanying customs declaration lists \u201cTaiwan\u201d as the country of origin. Both cannot be correct at the same time.  <\/li>\n\n<li><strong>Incorrectly declared customs documents. Instead of <\/strong>the correct customs tariff number for fossils (Heading 9705 or HS Code 97052200: \u201cSpecimens of extinct or endangered species and parts thereof \u2026 of paleontological value\u201d), an incorrect number and a minimal value are listed\u2014such as \u201csculpture, 50 euros, gift\u201d\u2014to conceal the contents and value.<\/li>\n\n<li><strong>A specimen that does not match the dating.  <\/strong>If a piece that was supposedly found before 1982 is prepared using fine-blasting techniques, this is a contradiction: this preparation method did not emerge until the late 1980s. Often, \u201csandblasting\u201d is even cited as a mark of quality in the item description. <\/li>\n<\/ul>\n\n<h2 class=\"wp-block-heading\">The collector decides<\/h2>\n\n<p>Anyone who buys or sells fossils bears responsibility\u2014both legally and scientifically. In practice, the following has proven effective: <\/p>\n\n<ul class=\"wp-block-list\">\n<li>Insist on a genuine, verifiable export license from the country of origin, not on a \u201ccertificate\u201d issued by the seller.<\/li>\n\n<li>When in doubt, steer clear of Chinese vertebrate fossils\u2014legal specimens are the absolute exception.<\/li>\n<\/ul>\n\n<h2 class=\"wp-block-heading\">Conclusion<\/h2>\n\n<p>Admittedly, the temptation to own a pterosaur or a feathered predatory dinosaur is great. Who can actually afford a \u201cflyer\u201d from Solnhofen? And yes, the quality of the preparation of Chinese fossils is now second to none. But the joy is somewhat dampened when you realize that you\u2019re only the legal owner\u2014the People\u2019s Republic of China remains the rightful owner.   <\/p>\n\n<p>One consolation: When it comes to restoration and tampering, Chinese fossils continue to hold a \u201cleading position.\u201d All the feather impressions I\u2019m aware of have turned out to be colored handicrafts. Epoxy resins\u2014which are no longer detectable under UV light\u2014have become commonplace. Reconstructions made from bone meal are popular. And the latest development: AI-generated X-ray images tailored to the fossil are offered as proof of authenticity. It remains an intriguing development.     <\/p>\n<p> <\/p>\n<hr class=\"wp-block-separator has-alpha-channel-opacity\">\n<h2 class=\"wp-block-heading\">Sources<\/h2>\n\n<ul class=\"wp-block-list\">\n<li>Regulations on the Protection of Paleontological Fossils \u2013 State Council Decree No. 580 (adopted August 25, 2010; effective January 1, 2011; amended by Decree No. 709, March 2, 2019). English version: en.moj.gov.cn. <\/li>\n\n<li>Law of the People&#8217;s Republic of China on the Protection of Cultural Property (1982, amended several times), Article 2.<\/li>\n\n<li>Liston, J. J. &#038; You, H.-L. (2015): Chinese Fossil Protection Law and the Illegal Export of Vertebrate Fossils from China. Journal of Vertebrate Paleontology 35(2): e904791.<\/li>\n\n<li>Liston, J. (2015): Fossil Protection Legislation\u2014Chinese Issues, Global Problems. Biological Journal of the Linnean Society 113: 694 ff. <\/li>\n\n<li>Ding, Y. &#038; Xiong, L. (2002): China Issues Rules on Fossil Excavation. Science 297: 1981 (regarding the excavation rules issued by the Ministry of Land and Resources in 2002). <\/li>\n\n<li>Dalton, R. (2001): &#8220;Wandering Chinese fossil turns up at museum.&#8221; *Nature* 414: 571. <\/li>\n\n<li>Mayr, G., Peters, D. S., Plodowski, G., &#038; Vogel, O. (2002): Bristle-like integumentary structures on the tail of the horned dinosaur Psittacosaurus. Naturwissenschaften 89 (First description SMF R 4970). <\/li>\n\n<li>Vinther, J., Nicholls, R., &#038; Kelly, D. A. (2021): A cloacal opening in a non-avian dinosaur. \u2013 Current Biology 31(4): R182\u2013R183. DOI: 10.1016\/j.cub.2020.12.039.  <\/li>\n\n<li>Bell, P. R., Hendrickx, C., Pittman, M., Kaye, T. G., &#038; Mayr, G. (2022): The exquisitely preserved integument of Psittacosaurus and the scaly skin of ceratopsian dinosaurs. \u2013 Communications Biology 5: 809. DOI: 10.1038\/s42003-022-03749-3.  <\/li>\n\n<li>The 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property.<\/li>\n\n<li>Regulation (EU) 2019\/880 on the movement and import of cultural goods, and Implementing Regulation (EU) 2021\/1079 (general ban effective as of December 28, 2020; authorization\/importer\u2019s declaration effective June 28, 2025). eur-lex.europa.eu. <\/li>\n\n<li>Cultural Property Protection Act (KGSG) of July 31, 2016, in effect since August 6, 2016, Sections 28, 30, 32, 83. gesetze-im-internet.de; kulturgutschutz-deutschland.de.<\/li>\n\n<li>U.S. Immigration and Customs Enforcement \/ HSI (2015): Colorado Dinosaur Fossil Smuggler Sentenced in Wyoming (Magovern Case). ice.gov. <\/li>\n\n<li>Harmonized System \/ Combined Nomenclature, heading 9705, subheading 9705.22 (specimens of paleontological interest; HS version 2022).<\/li>\n<\/ul>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"<p>Feathered dinosaurs from Liaoning, marine reptiles from Guizhou and Yunnan, and birds from Liaoning: Under current law, the sale of Chinese fossils is mostly illegal.<\/p>\n","protected":false},"author":7,"featured_media":10108,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"site-sidebar-layout":"default","site-content-layout":"","ast-site-content-layout":"default","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"","ast-breadcrumbs-content":"","ast-featured-img":"","footer-sml-layout":"","ast-disable-related-posts":"","theme-transparent-header-meta":"","adv-header-id-meta":"","stick-header-meta":"","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"default","ast-page-background-enabled":"default","ast-page-background-meta":{"desktop":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center 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