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

Russia
Сhapter 4: Russia
Are cultural goods intended for export examined by experts? Where do such experts come
from?
Yes, all cultural goods intended for permanent or temporary export from Russia, as well
as those brought back after temporary export are always examined by experts, who follow
the rules laid down in the Russian Federation Government’s Decree No. 322, issued
on April 27 2001, approving the rules of examination of, and control over, the export of
cultural goods.
Examination is carried out by experts certified by Rossvyazokhrankultura, which appoints
an expert from an official list on a case by case basis, depending on the required field of
specialisation.
Examination is done for a charge because it is considered a professional service, to be
paid for by the applicants. The amount and charge fixing criteria are set out in the Regulations
approved by the Russian Federation Ministry of Culture in its Order No. 888 of June 4
2002. For the examination to be conducted, the applicant enters into a written agreement
with the expert.
What can I do if I don’t agree with the expert’s opinion?
You cannot appeal against the expert’s report until the whole authorisation process is
completed. When Rossvyazokhrankultura or any of its territorial offices decides for
or against your cultural goods being exported (see below), you can request Rossvyazokhrankultura
to reverse their decision or appeal against it in a court of law on a claim of
faulty examination.
Can one appeal against a decision denying the right to export cultural goods permanently or
temporarily? How can this be done?
Rossvyazokhrankultura can decide against any cultural goods being exported (that is,
against issuing an export certificate) for two reasons:
(a) The object intended for export belongs to the categories subject to an export
ban under Article 9 of the Cultural Objects Export and Import Law (see the
answer to the question, “Are there any restrictions on classes of objects to
be taken out of Russia? What other special rules do I need to know about?”
in this section).
(b) Circumstances existing at the time the request is filed suggest that the
applicant is not entitled to export cultural goods he claims as his/her own
(ie, there is suspicion that the applicant is not the real owner of the cultural
goods).
The decision, which must state the reasons for the denial of the request, is conveyed to
the applicant within 10 days of it being adopted. Once you have the decision in hand, you
can approach Rossvyazokhrankultura with a request for its reversal, or take your case to
a court of law.
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