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

Chapter 3: European Union Member States
United Kingdom
• Waverley one: Is the object so closely connected with our history and national life that
its departure would be a misfortune?
• Waverley two: Is it of outstanding aesthetic importance?
• Waverley three: Is it of outstanding significance for the study of some particular branch
of art, learning or history?
If the Expert Adviser believes that the object satisfies one or more of the Waverley criteria,
they can object to the granting of an export licence. The application is then referred
to the Reviewing Committee on the Export of Works of Art and Objects of Cultural Interest
(RCEWA), a non-statutory independent body with eight members appointed for their
knowledge and expertise. Further information on how the criteria are interpreted is in
the MLA booklet.
If the Expert Adviser has no objection, the export licence will normally be granted. Around
3,000 applications are referred to Expert Advisers each year and objections are made in
some 25–50 cases.
Can I appeal against the assessment? If so, how do I do this?
When an export licence application is referred to the Reviewing Committee, you are invited
to submit a written statement. You can give your arguments as to why, in your opinion,
the object does not satisfy the Waverley criteria and provide any other reasons why
the licence should be granted. The Expert Adviser also presents a written statement as
to why, in their opinion, the object does satisfy one or more of the Waverley criteria. After
consultation and further questioning, the Committee votes on the application.
If an export licence is refused, can I appeal? How do I do that?
If the Reviewing Committee finds that the object does satisfy one or more of the
Waverley criteria, it recommends to the Secretary of State for Culture, Media and
Sport that the decision on the licence application should be deferred for a specified
period (normally 2–6 months). During this time an offer to purchase the object can
be made in order to keep the object in the UK. A fair market price is recommended
by the Committee.
If you receive an offer to purchase the object from a public body, you are not obliged
to accept it although a refusal will normally result in the subsequent rejection of an
export licence application. Conditions are attached to accepting a private offer to
purchase.
The Reviewing Committee only provides advice and recommendations to the Secretary of
State. It is for the Secretary of State to make a decision on your licence application. The
Secretary of State has discretion when making decisions on licence applications, but that
discretion must be exercised reasonably.
All details of the stages of the appeals procedure are described in the MLA booklet.
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