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A guide to the export and import of cultural goods between Russia ...

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Chapter 3: European Union Member States<br />

Italy<br />

Normally any object that is covered by <strong>the</strong> Italian Code (<strong>and</strong> it includes many categories <strong>of</strong><br />

<strong>cultural</strong> <strong>goods</strong>) will not get permission for permanent <strong>export</strong>, although it might get permission<br />

for temporary <strong>export</strong>.<br />

If you want <strong>to</strong> <strong>export</strong> <strong>the</strong> <strong>goods</strong> from Italy <strong>to</strong> <strong>Russia</strong>, you will also need an EU <strong>export</strong><br />

licence (provided <strong>the</strong>y come under <strong>the</strong> scope <strong>of</strong> Council Regulation 3911/92). You can<br />

apply for a temporary or a permanent <strong>export</strong> licence.<br />

What are my first steps? How do I plan this process <strong>and</strong> how long might it take?<br />

An application can be made by ei<strong>the</strong>r <strong>the</strong> owner or <strong>the</strong> caretaker <strong>of</strong> <strong>the</strong> object. You should<br />

apply <strong>to</strong> <strong>the</strong> Export Department at <strong>the</strong> Ministry for <strong>the</strong> Certificate <strong>of</strong> Circulation (in o<strong>the</strong>r<br />

words, for permission <strong>to</strong> <strong>export</strong>).<br />

To apply for a Certifi cate <strong>of</strong> Free Circulation (for permanent <strong>export</strong>), you must make<br />

a declaration <strong>of</strong> this intention <strong>and</strong> present <strong>the</strong> objects <strong>to</strong> <strong>the</strong> competent <strong>export</strong> <strong>of</strong>fi ce,<br />

indicating <strong>the</strong> market value. Within three days, <strong>the</strong> <strong>export</strong> <strong>of</strong>fi ce notifi es <strong>the</strong> Ministry<br />

who have ten days <strong>to</strong> respond with any additional information. Once <strong>the</strong> value has<br />

been established as fair, <strong>the</strong> Ministry’s Export Department must issue or refuse a<br />

Certifi cate <strong>of</strong> Free Circulation within 40 days <strong>of</strong> <strong>the</strong> initial application. The Certifi cate<br />

is valid for three years.<br />

A similar procedure applies when you apply for a Certifi cate <strong>of</strong> Temporary Circulation.<br />

The application must also include information on who is responsible for <strong>the</strong> safekeeping<br />

<strong>of</strong> <strong>the</strong> object while it is abroad. The timing for delivery <strong>of</strong> <strong>the</strong> certifi cate is <strong>the</strong> same<br />

but it is valid for a maximum <strong>of</strong> 18 months. The granting <strong>of</strong> a Certifi cate <strong>of</strong> Temporary<br />

Circulation is conditional on <strong>the</strong> property being insured by <strong>the</strong> applicant. For exhibitions<br />

<strong>and</strong> events promoted abroad by <strong>the</strong> Ministry or by o<strong>the</strong>r government bodies,<br />

Italian Cultural Institutes or supra-national bodies, <strong>the</strong> insurance may be assumed<br />

under State risks.<br />

There are specific regulations for works <strong>of</strong> art by artists who are deceased. In general,<br />

works <strong>of</strong> art over 50 years old are covered by <strong>the</strong> Code. If, however, <strong>the</strong> artist has died,<br />

any work by this artist (whenever it was created) can come under <strong>the</strong> Code if <strong>the</strong> artist’s<br />

production was for more than 50 years (i.e. <strong>the</strong>ir artistic career was at least 50 years long).<br />

In this case, <strong>the</strong> works are deemed <strong>to</strong> be “<strong>of</strong> <strong>cultural</strong> interest” <strong>and</strong> <strong>export</strong> will be restricted<br />

as with o<strong>the</strong>r older <strong>cultural</strong> <strong>goods</strong>.<br />

Applications for EU <strong>export</strong> licences should be made <strong>to</strong> <strong>the</strong> Ministry or via <strong>the</strong> regional<br />

Soprintendenze <strong>of</strong>fices which are also authorised <strong>to</strong> issue EU <strong>export</strong> licences. You<br />

should follow <strong>the</strong> procedure established under <strong>the</strong> Council Regulation 3911/92. EU <strong>export</strong><br />

licences can be issued at <strong>the</strong> same time as a Certificate <strong>of</strong> Free Circulation or not<br />

longer than 30 months after a Certificate has been granted. The EU <strong>export</strong> licence is<br />

valid for six months.<br />

It takes 15–40 days <strong>to</strong> issue an <strong>export</strong> licence.<br />

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