EU: importation and exportation of cultural property

[Евгений]

Regulations of the European Union
How to import and export of cultural values

The European Commission in Russia produced a handbook "Art in Motion" on the rules of movement of artistic values among the countries of the European Union and Russia. The report contains the basic provisions of the law on import and export of cultural objects from all 27 EU members, links to key government agencies in this area.

Given that Russia imported more and more things (especially items of Russian Art), purchased at the European auctions or in private galleries, the emergence of this capacious and substantial leadership as we needed. It is intended to facilitate the registration of movements of art objects from Russia and in Russia.

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As a rule, all EU countries such legislation emerged relatively recently - in the last quarter of XX century, when the art market began to develop rapidly and become international. In some countries, the creation of special laws have forced the unexpected and unpleasant events. For example, in 1976 at an auction in London, a rare and valuable works of Danish art. The Government of Denmark, intending to buy them, collected a considerable sum, but the items were sold in a private collection and were outside Denmark. Taught by bitter experience, the Danes have developed a special law, whose goal was to prevent the export of the country's unique and culturally significant sites. In addition to the internal laws of all EU countries are oriented to international agreements: the 1970 UNESCO Convention and the UNIDROIT Convention of 1995, as well as the so-called Rules of the Council of Ministers of the EEC in 1992.

The laws on importation and exportation primarily covers non-commercial sphere of international cultural cooperation, when it comes, for example, on temporary exhibition projects. However, as the last case with the exhibition "From Russia", which with great difficulty, went to London, even the special legislation is not always enough.

Even more important, these laws are in the field of trade in works of art. This is where you want the most control, because in the private sphere are things of national importance and the stolen items. Legislation regulates the export of mainly old, valuable and nationally significant cultural sites. And each country has its own cultural characteristics. For example, in Greece, the main control is on archeology, and the UK, with particular attention relates to the removal of portraits of British historical figures.

In the EU, there are two factors, according to which the object is considered a cultural value - his age (usually more than 50-100 years) and cost. For example, under the Rules of the Council of Ministers at the paintings installed cost of 150 thousand euro, watercolors and gouaches - 30 thousand euro, the prints - 15 thousand euro. Compliance with these categories determines the expert. In many countries the export license is issued free of charge and for a long time, part of a Light Mode and issues permits only to certain categories of objects. For example, Sweden Swedish export licenses only values, but on the so-called foreign values permit is required only if the item was in Sweden for over 100 years. Also in Sweden there are no taxes and duties on exports. Only items that are a national treasure, in all states are subject to special treatment - a list of them, usually defined by special state registries.

In contrast to the EU Russia's legislation on the import and export of cultural property more strictly. In Russia, a law developed in 1993 with later amendments. According to him the main factor determining whether the subject is considered a cultural value, is only his age, which should in this case exceed 50 years. In contrast to EU countries on the export of cultural property from Russia has always needed a document: authorization, if the subject of over 50 years, and certificate, if established less than 50 years ago. These include, for example, Soviet Russia and awards, any operations that generally are prohibited in Russia. State duty for items older than 50 years is 10%of their value.
Import to Russia objects not less expensive than take out. Only four years ago at the initiative of Rosokhrankultura was canceled 18 per cent duty on import of cultural property, but only for individuals and for personal use. It is not surprising that European auction houses still do not make trades in Russia, despite the level of demand for antiques.
Julia Vinogradova.