US Customs and missing ‘The Other Art Fair’: An interview with artist Marcie Rohr

Canadian artist Marcie Rohr was excited to be accepted into The Other Art Fair’s Los Angeles event. She saw it as a fabulous opportunity to develop her audience and sales. However, as a new international exhibitor, she didn’t know the requirements of US customs on importing art for sale. She wasn’t allowed across the US border with her art. This interview dives into the detail behind exhibiting at international art fairs, and how easy it can be to get wrong.

Marcie, why was attending The Other Art Fair in Los Angeles appealing for you?

I have been exhibiting my work online with Saatchi Art for the past several years, and have really appreciated the exposure, sales of original artwork, as well as their professional advice and information while working with them. They host The Other Art Fair, an in-person event in several major cities around the world. I knew if I was accepted to one of these tightly curated fairs, I would have a great experience and good exposure. I had tried a few times before to get in and was not accepted, so when I was accepted, I was elated, and signed up to attend without hesitation.

Canadian artist Marcie Rohr

What was your financial investment to attend the LA fair from Canada?

It wasn't going to be a cheap endeavour with travel costs plus the cost of the fair. It added up to around $5,000 CAD (around $3,600 USD). I felt that for the sales opportunities, opportunities for connection, and what they were offering compared to other international art fair prices, it would be worth it for me.

To make the trip even more worthwhile, my husband and I decided to double it up with a family trip, to take both our kids (ages 11 and 13) to Disneyland for the first time right after the Fair. We acquired free passes to Disneyland, and it was around the date of our daughter's 11th birthday, so we thought, this is going to be perfect. We purchased tickets with the train and our kids were excited. Our plan was for me to drive down, (not a problem, because I absolutely love long drives), and meet with the family after the fair to drive back all together. We also knew having a vehicle in the LA area would be great, given our love for exploring cities, and the driver-oriented place that it is.

This all sounds really exciting. What went wrong?

The problem was crossing the Canada - US border with my artwork.

I had told myself not to expect too many sales - that this is a learning experience for marketing, exposure, and just putting myself out there to a new world of collectors. I thought my hopes for this show were very realistic. Also, the organizers make it extremely clear that they handle all the sales. I was not going to handle a sale even if it came up.

The artwork, all packed up for The Other Art Fair

So when I crossed the border with several thousands of dollars worth of art, I told the border official that this was for exposure, and that I was not going to sell the artwork myself. The official had me pull over, and told me for the value of my work I was bringing, that I was going to need to fill out paperwork. They told me to leave my car key in the vehicle and go inside a building. I stood in the line for over an hour. The officers were milling around and despite the line growing more and more long, they seemed in no rush. When I got to the front, I was simply told that I was in the wrong place. That I had to go to another crossing for commercial goods. When I came back to my vehicle, I was in there so long with the key in the ignition that the battery died. So after a battery boost, I had to re enter back into Canada, answering all the questions such as "how long were you in the US?", and go to another crossing a few kilometres away. When I got there, I was told to go inside and wait. When I went inside, I was asked why I didn't know that I had to hire a customs broker to take my art across the border. I told them it was my first time taking art across the border, and I wasn't aware. I was told that I needed to call a broker and given a list of numbers to call, but my phone was not set up to work in the US, so I just stood there unsure about what to do. They sent me back to Canada, and again I had to answer all the formal questions such as how long was I in the US, and why was I denied entry, etc. The whole process was utterly exhausting.

I was asked why I didn't know that I had to hire a customs broker to take my art across the border.

As soon as I was back in Canada, I went to the nearest coffee shop and got on the phone. I left the house around 07:00, now it was about 17:00, and rain was now pouring down outside. I called a broker in Canada, and they told me it would take several days to process my file, likely not until after the fair was over. They also told me it would cost about $460 US per way, into the US, and out of the US. I also needed to give them legal powers over decisions about my artwork, and that I would need to register my vehicle with the US government to become a carrier of commercial goods! All of this would not be possible to do in just a few hours. It looked like my plan was slipping out of my hands, but I still went to their office nearby and pleaded my case. I was given some helpful answers, but nothing could change all the requirements needed in such a short amount of time. I remembered that one of the custom's officials told me that anything over $2,000 value would have to be declared as a commercial good. So I went home, and took almost everything out of the vehicle. I left one more time for the border, thinking that now my trip to the fair would surely be just for exposure, I didn't have enough with me to sell to make back for the cost of the trip, but it would still be worth it for me.

When I arrived, now it was 10 pm, and the border officers pulled me aside again. I asked them why, I said I don't even have enough to officially declare with customs. One guard said, "Yes, but it's up to our discretion, and we don't know art. We can't tell the value of artwork. Who knows, it could be a Rembrandt back there." When I got inside the now all too familiar secondary search building, I was told on no uncertain terms that without a work visa, I can never sell art in the US (even though I told them multiple times that I wasn't selling the art, the fair was handling all potential sales, they didn't seem to care about that difference). I was also told that I can not bring any artwork with me into the US. Even though I told them I wasn't going to sell it, they said they can't be sure that I would just pull over to the side of the road and start selling it. Earlier that day I was told that this would mean I'm working illegally in the US, and that I would be fined $5,000 if I was caught, and banned from entry to the US for five years.

Unfortunately, I did not have a way to solve it in time. I was not allowed entry to the US and I missed an exciting opportunity. It was so disappointing.

I drove home, so dismayed and disappointed. Never in my life would I have thought that something so harmless as artwork - especially the artwork of an emerging artist - could be treated with so much harshness, seriousness and suspicion. Days later, determined not to ruin my 11 year old daughter's birthday, I arrived at the border to go to Los Angeles, this time simply to meet my family at the train station and go to Disneyland.

What happened when you were at the border again, now as a tourist?

The border officials now knew to ask "What kind of art do you do?" Even though I had no artwork with me, and never told the officer anything about being an artist. That question felt very surprising. I was told once again to pull aside, and I had to go in for questioning. Thankfully this time the line was short. They told me they needed to search my vehicle. It could be possible that they will pull me aside for a vehicle search every time I try to cross the border now. I know that secondary line can take hours. I am thinking about the long term impact of this and how frustrating it may make travel for me to the US in the future, which we do often, because we live less than an hour away from the border.

How did The Other Art Fair respond?

The Other Art Fair organizers have been lovely, and are working with me to determine a plan moving forward. I've been offered a spot at the spring LA fair, but am totally uncertain about art-related travel to the US at this time. This last experience has put quite a bad taste in my mouth.

What is your biggest learning from this experience?

Two results have occurred. The first is that I realized if the US Government is going to take me THAT seriously, that they now have a note on my file that I am an artist, then maybe I should start taking myself seriously as well. And I have. I feel a shift has occurred inside, and I am starting to think of myself as a serious artist.

I am starting to think of myself as a serious artist.

The second result is that I want people to know more about the implications of international art fairs and sales for artists, so others can be prepared for this in advance. And I want to find ways to get this message across. I am now reaching out more to art experts because I have something to contribute to this conversation inside the global world of contemporary art.

Artwork by Marcie Rohr can be found at her website: www.marcierohr.com

I love how you have reframed your experience to be so positive, Marcie. Could you tell me some of the things you are enjoying about being an artist right now?

I am enjoying how having creative mindset can be applied to everything else in my life. I enjoy being able to frame my world around creative problem solving. It causes me to feel empowered to take on almost any challenge. Lately I've been thinking a lot about turning inwards, exploring memory, and evaluating my self-talk to make sure that all the creative energy I've invested into my art practice over the years can also be used to re-shape my inner landscape and help me have a positive outlook about myself and my life.

Finally, do you have any tips that other artists would find useful?

Expand your horizons, take yourself seriously, look into international opportunities. However, be realistic about the costs and investments of your time and energy, and plan and prepare for that as well. Try your best to research all the bureaucratic requirements as best as possible. Read your artist contracts and all the fine print. When going to another country, don't rely on Fair Organizers to help prepare you, research the requirements right from the government website, or even call the border guards directly. And if you are someone giving advice, as an influencer, then share hidden details like these freely, so that we all can thrive and live our best artistic lives, while also learning to be prepared and organized for the less "sexy" sides of what it means to be an artist.

Marcie Rohr

IG handle @marcierohr

Website www.marcierohr.com

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