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

Сhapter 4: Russia
Russia
The request for temporary export of cultural goods (that is, against issuing a temporary
export certificate) can be declined on the following grounds:
• The individual or legal entity wanting to export the cultural goods for a specified time
period has not provided the guarantees required under the Law to back up their
promise to bring them back;
• The physical condition of the cultural goods intended for temporary export does not
justify changes in their conservation condition which would result from their export;
• The owner of the cultural goods intended for temporary export has not been established,
or the ownership of the cultural goods is disputed;
• Circumstances have emerged during the application process that suggest a lack of
authority of the applicant in relation to the temporary export of the goods; or
• The target country for the temporary export of the cultural goods has been hit by
a natural disaster, or is currently a scene of armed conflict or other circumstances
endangering the safety of the cultural goods if they were taken there.
The request for temporary export of cultural goods may also be denied if the Russian
Federation does not have diplomatic relations with the government of the country where
it is intended to take the cultural goods for a short period.
The decision to deny temporary export may be reversed by Rossvyazokhrankultura (if duly
requested to do so), or appealed against by the owner of the cultural goods in a court of law.
Does violation of export and import legislation carry any liability?
The Cultural Objects Export and Import Law imposes administrative and criminal liability
for illicit export or import of cultural goods, that is, export or import of cultural goods in
violation of the rules set out in the Law and in customs legislation.
Administrative Liability
This type of liability is regulated by the Administrative Offences Code of the Russian Federation
and applies to cultural goods as well as to any other goods (liability is dealt with in
the customs section of the law). Offences are broken down into two categories (each, in
turn, divided into several subcategories):
• Illegal movement of goods across the Russian Federation’s customs border (Article
16.1); and
• Failure to declare, or untrue declaration of, goods (Article 16.2).
As a rule, administrative penalties include administrative fines (ranging from 50 % to 200
%, or even 300 %, of the value of the goods or unpaid customs duties, depending on the
severity of the offence), with or without confiscation of the goods.
Criminal Liability
The Russian Federation’s Cultural Objects Export and Import Law categorises illicit export
and import of cultural goods as smuggling, a crime dealt with in Article 188 of the Crimi-
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