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Source: BUS Sachsen-Anhalt (Linie6PLus)

Applying for an export licence for cultural property

Description

For the export of cultural property from Germany, you need a permit if the cultural property exceeds certain age or value limits. Cultural assets are, for example, works of art, archaeological objects, archival material, manuscripts or antiques such as furniture, musical instruments or jewelry. You can find out about the age and value limits, for example, on the Internet portal of the Federal Government Commissioner for Culture and the Media for the Protection of Cultural Property.

If the approval requirement depends on a financial value of the cultural property, this value is

  • the price paid within the last 3 years for a purchase or sale, or
  • in other cases, a reasoned domestic estimate at the time of application.

You can apply for the permit from the competent authority. A distinction is made between permanent and temporary exports. The export is temporary if it is carried out for a period of not more than 5 years, limited from the outset.

You apply for permission to export cultural goods in writing to the competent authority of the federal state in which the cultural object is located at the time of application. If you are a legal entity, your head office in Germany is decisive for local jurisdiction.

Note: You can also use a new online procedure in pilot operation to apply for export permits for cultural goods. The online procedure includes an optional advance check in order to be able to determine whether an export permit is required in the specific case on the basis of a few questions. In general, you no longer have to select the right application yourself, it is automatically determined on the basis of the information. The pilot operation serves to further test and optimize the process. At the same time, the procedure is to be expanded by the end of 2022 in such a way that the digital granting of the permit is also possible.

To apply online for a permit for the export of registered cultural property, you can use an online procedure that is currently in pilot operation. The online procedure includes an optional pre-check to determine whether an export permit is required on the basis of a few questions. In general, you no longer have to select the right application – it is automatically determined on the basis of your information. The pilot operation serves to further test and optimize the process. At the same time, the procedure is to be expanded by the end of 2022 in such a way that the digital granting of the permit is also possible.

In order to apply in writing for a permit for the export of registered cultural property, the following steps are required:

  • Use the authority finder to find the competent authority and the PDF form for your federal state: http://www.kulturgutschutz-deutschland.de/DE/Service/Formulare/Behoerdenfinder/behoerdenfinder_node.html
  • Download the correct PDF form.
    • Export licence in accordance with Regulation (EC) No. 116/2009, § 25 or § 26 of the Cultural Property Protection Act for export to third countries and
    • pursuant to § 24 paragraph 1 number 2, § 25 or § 26 of the Cultural Property Protection Act for export to Member States of the European Union
  • Fill out the PDF form on your PC.
  • Print the documents.
    • Export authorisation in accordance with Regulation (EC) No 116/2009 for export to third countries in 3 copies (the form already contains all copies),
    • Export licence in accordance with § 24 paragraph 1 number 2 of the Cultural Property Protection Act for export to Member States of the European Union in 2 copies,
    • Export licences in accordance with § 25 and § 26 of the Cultural Property Protection Act in 2 copies (attention: the forms for export to third countries already contain all copies)
  • Sign in the fields provided, stamp the documents if necessary and attach the necessary evidence to each copy.
  • Send the documents to the competent authority.
  • The authority will review your application and send you
    • 2 copies (export to a third country in accordance with Regulation No 116/2009) or
    • a copy (export according to § 24 paragraph 1 number 2, § 25 or § 26 Cultural Property Protection Act to a third country or export to member states of the European Union),
    • return the completed, signed and sealed documents, if necessary with a fee notice.
    • Copy 1 is the application and remains with the authority. All other copies will be sent back to you. When exporting to a third country in accordance with Regulation (EC) No. 116/2009, you must present copies 2 and 3 to the responsible German customs office of export with the export declaration. The customs office of export shall complete box 26 and hand over copy 2 to you. After the actual outcome, the German customs office of export shall confirm this in box 27 and return copy 3 to the authority which issued the authorisation.

If your application for an export licence is rejected, you will receive a written decision stating the reasons and the instructions on how to appeal.

A permit in accordance with Regulation (EC) No. 116/2009 or § 24 (1) No. 2 of the Cultural Property Protection Act will be granted to you if

  • you are entitled to apply,
    • as owner or as authorized third party
  • you have submitted the required documents, and
  • at the time of the decision, there is no export ban under § 21 Number 1, 2, 4 and 5 of the Cultural Property Protection Act.

A permit in accordance with § 26 of the Cultural Property Protection Act can be granted to you if

  • you are entitled to apply,
    • as the owner or as the rightful direct owner of the cultural object
  • you have submitted the necessary documents,
  • at the time of the decision, there is no export ban under § 21 Number 1, 2, 4 and 5 of the Cultural Property Protection Act and
  • As the applicant, you offer the guarantee that the cultural object intended for export will be re-imported into the Federal territory in an undamaged condition and in due time.

A permit in accordance with § 25 of the Cultural Property Protection Act can be granted to you if

  • you are entitled to apply,
    • Institutions that preserve cultural property and regularly carry out parts of their holdings temporarily for public exhibitions, restorations or research purposes are eligible to apply.
  • you have submitted the necessary documents,
  • at the time of the decision, there is no export ban under § 21 Number 1, 2, 4 and 5 of the Cultural Property Protection Act and
  • As the applicant, you offer the guarantee that the cultural object intended for export will be re-imported into the Federal territory in an undamaged condition and in due time.

For permits pursuant to Regulation (EC) No. 116/2009 and § 24 (1) No. 1 of the Cultural Property Protection Act and § 24 (1) No. 2 of the Cultural Property Protection Act, the period of validity is 12 months. Export (temporary or permanent) is possible until the last day of validity. The re-import period (up to 5 years) for the one-off temporary export of cultural property (Regulation (EC) No. 116/2009 and § 24 paragraph 1 Number 1 of the Cultural Property Protection Act) is determined by the authority according to the purpose of the export.

For permits pursuant to § 25 and § 26 of the Cultural Property Protection Act, the period of validity is up to 5 years. The (temporary) export is possible until the last day of validity, the re-importation must take place within 5 years.

For an application pursuant to Regulation (EC) No. 116/2009 or § 24 (1) No. 2 of the Cultural Property Protection Act, the processing time is up to 10 working days after submission of the complete application documents. Apart from the above-mentioned decision deadline for certain permits, the processing time depends on the completeness of the submitted application documents and the complexity of the application. The permit must be applied for in good time before the planned export of the cultural object.

A permit obtained by threat, bribery or collusion or obtained by incorrect or incomplete information pursuant to § 22 (1) of the Cultural Property Protection Act is void under § 22 (5) of the Cultural Property Protection Act. This applies accordingly to permits (§ 24 paragraph 1 number 1 and 2 Cultural Property Protection Act according to § 24 paragraph 9 Cultural Property Protection Act).

The text was automatically translated based on the German content.

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