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Portugal Chapter 3: European Union Member States mation: a photograph of each object and the invoice for the purchase of the goods or a declaration of ownership. An application for an export licence must be made at least 30 days in advance of the export. This decision period is set under Portuguese law. How do I find out if the art object I want to export is of national significance? Is there a Public Inventory of cultural goods of special interest or importance? The IPM is responsible for the public registry of cultural goods that are considered of special importance. These are protected by Portuguese law under a process which has existed since 1930. The procedure involves classification and listing, according to various categories (national treasure, national importance, national interest). Further information on listed movable heritage can be found on the IPM website at: http://www.ipmuseus.pt/en/iniciativas/I24446/TA.aspx. Do museums and galleries need licences for temporary exports (e.g. a touring exhibition)? Do non-profit organisations need export licences? Yes. Museums, galleries and non-profit organisations must apply for licences. Any cultural goods that fall under any of the categories described in the Portuguese national legislation and/or EU export licence regulations must be covered by an export licence, whatever the type of applicant or purpose. If the cultural goods belong to a public collection (museums, libraries, archives) and are to be presented in a temporary exhibition the following documents from the borrowing institution must be also attached with the application: • The borrower’s request and facility report • A synopsis of the exhibition • The loan agreement or loan form • The lender’s assessment on the objectives and benefits of the export and of the travelling conditions There is no statutory limit on the period of time an art object can remain outside Portugal. However, it is common understanding and practice that long-term loans between museums should not exceed three years. I am a visual artist. Do I need a licence to export my own work? No. Art work which belongs to “the originator” (i.e. the artist who created it) does not require an export licence under the EU export licence legislation, whatever its age or value. Under Portuguese national law, the works of living or contemporary artists, which are less than seventy years old and which are the property of the respective artists or come under 178
Chapter 3: European Union Member States Portugal the current Código do Direito de Autor e dos Direitos Conexos (Copyright Law), do not need to present an Export Licence. However, an artist must give notification to register the departure of the cultural goods in question. The notification must be sent to the IPM Board and include the following: • Identification of the work (denomination/title; authorship; dimensions; material and colour photo) • Identification of the owner of the work • Final destination of the work I am a musician. Do I need to know about export regulations if I am travelling with my instrument? Yes. Any musician who wishes to travel with a musical instrument which is over a certain age and value must obtain an EU export licence (as described in Chapter 2). This applies whether the export is temporary, e.g. for a concert tour, or permanent. I am a tourist visiting Portugal. If I buy a work of art, how do I take it home with me? The export regulations apply to anyone who wants to take cultural goods of a certain age and value from Portugal to Russia (or to another country). You must go through the application process with the IPM in order for the goods to be cleared for export. If you have bought the artwork, antique, furniture or other cultural goods from a reputable art or antique dealer, ask their advice on how to apply for the export licence. Since the application process takes 30 days, you should note that the goods must remain in Portugal until the licence has been granted and you may have to arrange transportation at a later date. If you are in any doubt, check the age and value of the cultural goods. This determines whether the EU export licence is required. In general, the export controls apply to cultural goods which are over 50 years old and of a certain value. Is there a fee for an export licence? No – there is no fee or duty for the licence. Does the cultural object need to be valued? If so, who will do this? All applications for an export licence may be subject to expertise by the IPM. The national legislation defines the criteria for deciding whether an object must be given any legal protection. The highest level of protection is ‘national treasure’. Can I appeal against the valuation? If so, how do I do this? The owner can appeal against the decision according to Portuguese law on administrative procedures. 179
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Moving Art A guide to the export an
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Moving Art A guide to the export an
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We tried to make this guide as user
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Latvia ............................
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The exhibition Europe-Russia-Europe
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Introduction In the EU, the Council
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Introduction Who is involved in con
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Introduction The aim has been to es
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International Conventions for the P
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secular monument or similar institu
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The Movement of Cultural Goods from
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• In some cases, however, if the
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European Union Member States CHAPTE
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Greece INTERNATIONAL European Commu
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Russia CHAPTER 4
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Ivan Shishkin, “Rye”, 1878, oil
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Сhapter 4: Russia Russia 9. Coins,
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Сhapter 4: Russia Where can I get
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International Flows of Selected Cul
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Annex European Culture Portal: http
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Acknowledgements This guidebook was
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Notes 259
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The Guidebook is distributed free o
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