Prized paintings by Frida Kahlo and other prominent Mexican artists like Diego Rivera and José Clemente Orozco, part of the Gelman Collection, are at the center of a heated dispute. The collection, comprising approximately 160 works gathered by Jacques and Natasha Gelman between 1941 and 1998, includes 30 pieces designated as "Artistic Monuments" by Mexico, meaning they can only leave the country temporarily with authorization from the National Institute of Fine Arts and Literature (INBAL). The Zambrano family, owners of the cement company Cemex, acquired the artworks in 2023. In January of this year, Spain's Santander Bank announced an agreement with the Zambranos to manage the collection's conservation, research, and exhibition.
The agreement between the INBAL and Faro Santander, a cultural center in Spain, grants the latter control over the collection from June 2026 through September 2030, with a possibility of extension. While the agreement specifies a temporary relocation, Faro Santander's director, Daniel Vega Pérez de Arlucea, suggested to El País that the legal protections might be flexible, implying a permanent presence in Spain. This ignited significant backlash from Mexican cultural professionals, with nearly 400 academics and artists signing an open letter criticizing the lack of transparency.
Mexico's Supreme Court of Justice (SCJN) is reviewing a presidential decree from 1984 that declared all of Kahlo's work an "artistic monument," prohibiting permanent export. This comes after the INBAL denied a request for definitive export of a Kahlo painting. The cultural minister, Claudia Curiel de Icaza, defended the INBAL's decision to prevent permanent export, asserting that the Gelman Collection's move is temporary and will return to Mexico by 2028. However, a judicial claim in Mexico involves Santander Bank, which reportedly bought the Zambrano's debt to Sotheby's, potentially allowing the bank to acquire the collection if the debt is not paid. This situation has led to concerns about the collection's financialization and potential vulnerability.
