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

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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. 44
Chapter 3: European Union Member States Belgium 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. This applies whether the export is temporary, e.g. for a concert tour, or permanent. I am a tourist visiting Belgium. 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 Belgium to Russia (or to another country). You must go through the application process with the authorities in the Communities in Belgium in order for the goods to be cleared for export. If you have bought the art work, antique, furniture or other cultural goods from a reputable art or antique dealer, ask their advice on how to apply for the export licence and permission. They are obliged to inform you when you buy the goods if the object figures on a list of protected cultural goods. Since the application process can take several weeks or even months, you should note that the goods must remain in Belgium until the permission/licence has been granted. You may therefore have to arrange for transportation at a later date. Alternatively you can return to Belgium to collect the goods when they are cleared for export. If you are in any doubt, check the age and value of the cultural goods. This determines whether an 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. Does the cultural object need to be valued? If so, who will do this? The EU legislation has value and age thresholds which determine whether a cultural good requires an export licence. Therefore, if the age, value or other determinants need to be assessed, the cultural object may have to be inspected. Can I appeal against the valuation, heritage assessment or refusal of an export licence? An appeal can be made to the Conseil d’Etat (the court competent for administrative decisions). If an export licence is refused for any other reasons, can I appeal? If a licence is refused by the Flemish Community, the owner can demand the purchase of 45
Page 1 and 2: Moving Art A guide to the export an
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Page 9 and 10: The exhibition Europe-Russia-Europe
Page 11 and 12: Introduction In the EU, the Council
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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 Russia fee for t
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Сhapter 4: Russia Russia The reque
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Сhapter 4: Russia Russia (c) Cultu
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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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