There are two levels of competence : the level of the federal states (Bundesländer) and federal /national (Bund) level . Each level refers to the different areas of responsibility . The 1998 law , originally aimed at the implementation of Directive 93/7/EEC, established new procedures for the registration of cultural property of national importance in Germany. Thus, a legal framework for the control over the export of registered cultural property , was later enshrined in the revised text of the law . The process of registration of cultural property of national significance administered at ground level (Land) and described in more detail below. Decision to grant export licenses for cultural properties inscribed on the list (ie, items from the registry) , is run by the Federal Government Commissioner for Culture and Media ( ICM) . In the structure of the ECM on the export licensing department engaged Referat K 42. For export of unregistered cultural values (ie not included in the register ), but subject to EU legislation (See Chapter 2 categories, and age limits in value ) EU license to export licensing authorities give the sixteen states of Germany. In some states have more than one licensing authority , and they are often divided into bodies that deal with the cultural values and bodies working with archives.
Do I need an export license ?
If you want to export cultural property from Germany to Russia , you should check whether these items are covered by the Ministerial Council Regulation 3911/92 , ie, whether they fall into any category of cultural property subject to an age limit or age ratio /cost (minimum age limit - 50 years). If they fall under this law , you need a license for their EU export to Russia or another country outside the EU .
If cultural property is listed as having national significance , you will need to obtain a separate license, which allows them to leave Germany .
Are there different types of licenses ? Which one do I need?
There are two types of licenses :
• export license (according to German law on the protection entered in the register of cultural property );
• EU export license ( under EU legislation for export to countries outside the EU).
Both licenses in German called Ausfuhrgenehmigung.
EU license allows temporary or permanent removal.
These licenses are issued by various bodies , the procedure explained in more detail below. For export to Russia of vintage items you will likely need a license for the export of the EU , but may be required and a license for the export of Germany .
What are my first steps? How can I plan for the licensing process and how long it might take ?
If an item is included in the register of cultural property , you should contact the ECM for permission to export . There is no established application forms , but licenses are issued in writing. Before a decision is taken, an expert committee reviews the application and communicate its opinion to the Commissioner of the VCR , which makes the final decision .
As a rule, on the register of cultural values can be licensed only for temporary export . License for permanent export is available in exceptional cases. If cultural property is subject to EU legislation on age or the age and value , you must apply for a license for the export of the EU . You must select the appropriate licensing authority in the land where these cultural values. These authorities follow the usual procedure of consideration of applications for licenses EU , using the standard application form . For example, an application form for a license for the export of the EU and some of the instructions that apply to the Hessian can be found at :
http://www.hessen.de/irj/HMWK_Intern...bd4702225b0251
However, you should always contact the licensing authority of the land, where the cultural values - see the link below.
No specific data , how long it takes to issue licenses for the export - it all depends on the individual case .
How to determine whether a piece of art that I want to take out of national importance ? Is there a state register of cultural property of particular interest ?
Authorities of each of the sixteen states entered into the register of cultural property of national importance - Verzeichnis national wertvollen Kulturgutes. It includes all the important cultural property situated in the territory of the land .
Based on 16 regional registries formed the National Register of cultural and historical property of national significance . This unified registry, under the responsibility of the VCR , called Gesamtverzeichnis national wertvollen Kulturgutes. You can find it on this link :
http://www.zoll.de ( website customs Germany ) .
Procedure on making cultural property and archives in the register is set out in the revised text of the legislation . It provides for consultation with the Committee of Experts as to not cause any loss of this particular subject to " substantial loss for the German cultural heritage in general ."
Land authorities may initiate formal procedures for registration in the register , notifying the owner. Items recorded land authorities , if the subject is moving within Germany exceeds the allotted time period , the registration authorities of the other land is transferred . If the registration process has already been initiated (but not yet the subject in the registry ) , prohibited the export of the subject before making a decision on registration . Notice of registration shall be published by the authorities of the earth , but the location and owner of the registered subject is not called.
Feature of the current German law is that only the cultural values that are privately owned, protected registration system. According to the law , " cultural values and archival materials of national importance and are in public ownership ," shall not be protected by the registration system. Artefacts belonging to churches or other religious institutions , can be registered , but it is not mandatory .
However, currently drafting a law to bring German law into line with the provisions of the UNESCO Convention of 1970 new legislation is expected to translate cultural and archival state ownership of national importance under the protection registers , protecting it from illegal export from the country .
Are there any kinds of cultural values , which are provided for the export of exceptions?
There are cases when an individual traveling abroad , is the owner of cultural property of national importance , entered in the Register . Usually in such a situation is permitted only temporary export and licensing for permanent export refuses. In the law there is a provision under which the Länder can redeem cultural values , which have been denied an export license by paying some reasonable compensation (which means it will be below the international market) . As soon as the legal basis for the introduction of cultural values in the registry, licensing authorities will be able to identify and match the items alleged to be exported , with objects in the Registry. This may affect the decision and would allow some exceptions in certain circumstances.
Do I need to museums and galleries for temporary export license (eg exhibitions) ? Do I need an export license to non-profit organizations?
Yes. Museums, galleries and non-profit organizations to apply for licenses . Any cultural value, which corresponds to any of the categories described in the EU legislation on the export licenses must be licensed
for export , regardless of the type and purpose of the applicant's removal . Private collector , which works of art for exhibition abroad, must obtain a license for the temporary export and, as an individual , he may also need a national license ( if the item is listed in the Registry ) . Most temporary licenses for items entered in the Register provided for participation in exhibitions and only in rare cases - for the purpose of conservation.
When deciding on the license takes into account such factors as the fragility of the subject and the risk of damage during transportation.
In these cases do not have restrictions on the residence time of the subject outside Germany. Nevertheless, the temporary export permit is usually issued for a short period of time (several months) to participate in overseas exhibitions.
I am an artist . Do I need a license for the export of their own work ?
No. Artwork, regardless of age and cost of belonging to its creator , does not require an export license in accordance with EU legislation. Thus , you do not need a license to export your own work , if you still own it .
I am a musician . Do I need to know about the rules of exportation, if I travel with my instrument ?
Yes. Any musician , traveling outside the EU with a musical instrument , age and price of which exceeds the configured threshold , the EU must obtain a license to export (as described in Chapter 2) . This applies regardless of whether the temporary export (for example, a concert tour ) or permanent.
I am an artist . Do I need a license for the export of their own work ?
No. Artwork, regardless of age and cost of belonging to its creator , does not require an export license in accordance with EU legislation. Thus , you do not need a license to export your own work , if you still own it .
I am a musician . Do I need to know about the rules of exportation, if I travel with my instrument ?
Yes. Any musician , traveling outside the EU with a musical instrument , age and price of which exceeds the configured threshold , the EU must obtain a license to export (as described in Chapter 2) . This applies regardless of whether the temporary export (for example, a concert tour ) or permanent.
I am a tourist in Germany. If I buy a piece of art , if I take it ?
Rules apply to the exportation to anyone who wants to take out the cultural values of a certain age or age and cost from Germany to Russia ( or another country ) . You must go through the application procedure to the relevant authorities in Germany , so that cultural values are properly documented for export . If you buy a piece of art , antiques , furniture , or other cultural values from official distributors of art or antiques , check before making a purchase , if not listed cultural values that you want to buy in the Register. If so, you are unlikely to get permission for their permanent removal. During the process of your application cultural values should remain in Germany. Thus , you should arrange to send them later .
If you have any doubt , check the age and value of cultural property. This will determine whether a license is required to export the EU . Basically Export Control be cultural property of the age over 50 years and a certain cost .
Do I need to pay for an export license ?
No. The license fee will be charged.
Do I need to assess cultural values ? If so, who does it ?
Under the administrative procedure to object to the Named Registry must obtain the opinion of the Committee of Experts concerning its national significance. Conference of Ministers of land set common criteria for entry in the register subject . Experts are usually invited from among the employees of museums and other cultural institutions . Owner of the object do not need to pay for the examination.
If you receive a refusal to issue an export license if I can appeal against it ? How do I do this?
Yes. Administrative decisions on entering into the Register object or refusing an export license may be appealed , first in the appropriate administrative authority , and then in court (Verwaltungsgericht).
Which customs authorities are empowered to carry out customs clearance of cultural values ?
All German customs authorities may carry out customs clearance of cultural values. You can find contact information on the link :
http://www.zoll.de/service/dienststverz/index.html
What other documents do I need to take cultural values ?
At departure from Germany , you must show a license for the export of EU and German export license ( in cases where the items listed in the Registry ) . Upon presentation of a license to export cultural property of national significance it check to make sure that it is issued on these cultural values and is genuine. If necessary customs officers bind to the authority which granted the license .
When entering Russia you have to show all the relevant documentation and declare the item at customs , passing through the "red" corridor . See Chapter 4 for further information.
What sanctions can be applied if I do something wrong ?
For the illegal export of cultural property subject to the Law on the Protection of Cultural Property , you can be sentenced to a fine or imprisonment for up to three years. Values themselves may be confiscated .
On what standard of service can I expect?
Internal customs manual describes the procedure of exporting cultural property in accordance with the laws of Germany and the Council of Ministers Regulation 3911/92 . However, this internal instruction is not available to the general public .
Are there any special restrictions on the export of certain items or other considerations which should I know?
If the owner of a protected cultural values, which can not be taken away , forced to sell this item because of financial difficulties , the authorities should ensure decent compensation .
What are the requirements if I want to import cultural property to Germany from Russia ?
There are no specific formalities for the import of cultural property , but would advise you to consult with the customs authorities in Germany .
Where can I get more information?
Commissioner of the Federal Government for Culture and Media
Der Beauftragte der Bundesregierung für Kultur und Medien (BKM)
Referat K 42
Graurheindorfer Str. 198
53117 Bonn
Tel: +49 1 888/681 4909
Fax: +49 1 888/681 54909
WWW.AUCTION-SIKORSKI.COM
26.11.2013, 10:42
What legislation applies to the import /export of cultural property?
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