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

Belgium
Chapter 3: European Union Member States
that the cultural object either has a special meaning for the collective memory of the
Flemish Community, is of great scientific value, is an important link in the evolution of art,
science, history or is of great artistic importance. An advisory board decides whether the
criteria are met and advises the Minister of Culture on the drafting of the list. The Minister
of Culture then takes the final decision. Cultural goods can only be placed on the Flemish
Community list of protected cultural goods with the explicit permission of the owner.
In the French Community, expertise is required when there is a request for a cultural good
to be protected. There are three kinds of criteria: those stated in the decree, the Cultural
Heritage Commission’s doctrine and the Minister of Culture’s decision. The criteria listed
in article 4 of the decree are: state of conservation, rarity, link with History or History of Art,
aesthetic, good quality of conception and execution, the recognition of the good by the
community as being an expression of its historic, aesthetic or cultural identity, the interest
of the collection or the group to which it belongs. The cultural good must meet at least two
criteria to qualify for the protection process.
The lists of protected cultural goods maintained by the cultural authorities can be considered
as a register of cultural goods restricted for export. When goods on these lists
are offered for sale, the seller is obliged to inform the buyer, before the sale is concluded,
about the protected status of the cultural goods he is buying.
However, the decree of the French Community allows its government to impose exit restrictions
or to refuse export authorisation for cultural goods in certain circumstances.
This may occur when a cultural good is not on one of their two lists of protected goods but
it is subsequently decided (following an application for export authorisation) that the cultural
good is sufficiently important to be added to the list. Once listed, permanent export
authorisation will be refused but permission for temporary export may be granted.
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/permissions.
Any cultural goods that fall under the categories described in Council Regulation
3911/92 must be covered by an export licence, whatever the type of applicant or purpose.
The EU export licence allows for temporary exports. Goods which are on one of the protected
heritage lists of the Communities must obtain permission for export, whatever the
type of applicant or purpose.
There is no statutory limit on the period of time an art object can remain outside the country
but EU legislation places a time limit on temporary licences.
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.
Therefore you do not need a licence to export your own work if you still own it yourself.
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