Polski rynek sztuki w dobie rosnących wymogów AML – diagnoza, wyzwania, prognozy

For years, the art market has been an environment vulnerable to money laundering. Art is often treated as a financial asset, while being excluded from meaningful state oversight. The implementation of the 5th AML Directive in 2021 integrated the Polish art market into the existing EU anti-money laundering (AML) regime, initiating intensified activity by the General Inspector of Financial Information (GIIF). The authority now conducts inspections, collects data and develops analytics, gradually improving its understanding of the circulation of cultural goods. Regulated entities failed to adopt the new rules promptly and their output is generally formal in nature, such as preparing documentation for compliance rather than applying a genuine risk-based approach. Meanwhile, both the EU and Poland continue to strengthen their AML framework: the AMLA agency has been created, and work is underway on SIGIIF 2.0 as well as a unified communication channel with the GIIF. However, important gaps remain, including unclear references to definitions of artworks, antiques and collectibles in the VAT Act, the possibility of bypassing the €10,000 threshold through fragmentation, the lack of clear practice regarding artist-entrepreneurs, and limited information exchange among authorities. As AML and heritage-protection regulations have developed separately, these inconsistencies persist. The art market has thus shifted from almost no oversight to dynamic yet still uneven measures, while the development of a coherent AML system remains ongoing.