Cultural assets
Why must cultural objects be protected?
The trade in works of art and antiques has become an important economic factor for Europe. It appears that the demand for cultural assets is so great that the illegal procurement and trading of stolen works of art, too, are massively on the increase.
The consequences are, specifically, the loss of cultural identity for the nations that are plundered, the disappearance of historical references, or, in cases of illegal excavations, the destruction of cultural sites that hold testimonials to human history.
In order to reduce such activities and to achieve effective protection against the loss and destruction of cultural property it has become necessary to introduce national and international regulations such as bans on imports and exports.
By assisting the monitoring of these import and export prohibitions, the Customs Administration helps to ensure that the current German and Union-wide legislation for the protection of cultural property is observed whenever goods are being imported or exported.
What must I consider when entering the Union from a non-EU country?
The protection of Iraqi cultural property
When entering the Union from a non-EU country you must comply with regulations that have been adopted, inter alia, to protect Iraqi cultural property.
In the aftermath of the Gulf Wars, numerous cultural assets that had been illegally acquired in Iraq were brought out of the country, or they continue to be smuggled out of their country of origin to be offered for sale on the European art market.
Regulation (EC) 1210/2003 of 7 July 2003 concerning certain specific restrictions on economic and financial relations with Iraq includes provisions that prohibit, inter alia, the import of Iraqi cultural property and other items of archaeological, historical, rare scientific or religious importance into the European Union.
Emergency Red List of Iraqi Antiquities at risk (2003)PDF | 160 KB | Not a barrier-free file
Emergency Red List of Iraqi Antiquities at risk (2015 – in German)PDF | 160 KB | Not a barrier-free file
The protection of Syrian cultural property
There are similar provisions prohibiting the import of Syrian cultural objects into Europe and the trade in such objects on the internal market of the European Union.
The relevant bans on the import, export and transfer concern objects forming part of the cultural heritage of Syria, as well as of other items of archaeological, historical, cultural, or rare scientific, or religious importance. Annex XI of Regulation (EU) No 36/2012 of 18 January 2012 concerning restrictive measures in view of the situation in Syria includes a list of such assets. The list is not, however, conclusive. The provision of any related brokering services is also prohibited.
Red List of Syrian cultural objects at riskPDF | 160 KB | Not a barrier-free file
Protection of cultural property from third countries
In order to counter the illegal trade in cultural goods and the looting of archaeological sites and excavations, the European Commission has taken measures to protect cultural property from third countries. Regulation (EU) 2019/880 of the European Parliament and of the Council of 17 April 2019 on the introduction and import of cul-tural goods protects cultural goods from third countries against illegal introduction into the customs territory of the Union and their commercialisation there.
Article 3(1) of Regulation (EU) 2019/880 prohibits the introduction of cultural goods listed in Part A of the Annex to that Regulation into the customs territory of the Union if they have been illegally exported from a third country.
Red Lists Database
Cultural property of a State Party to the UNESCO Convention
The UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property of 14 November 1970 is intended to prevent the illicit trade in antiques and works of art, on the one hand, and to return cultural objects that have been unlawfully transferred from a State Party, on the other.
Pursuant to Art. 2 (1) (19) of the Act to prevent the exodus of German cultural property, protected cultural objects from a State Party to the Convention may only be imported if their export from that State is permitted. Proof of the regularity of an export from that State must be furnished. To this end, the declarant must submit export authorisations or other official confirmation issued by that State Party.
A cultural object within the meaning of the UNESCO Convention is property falling into the categories listed in Article 1 of the Convention, and which a State Party has designated, for secular or religious reasons, as being of particular relevance for archaeology, prehistory, history, literature, art or science.
The State Parties to the UNESCO Convention are listed at www.unesco.org.
State Parties to the UNESCO Convention
More detailed information can be found on the joint website of the Federal Government Commissioner for Culture and the Media and the regional agencies for the protection of cultural property (Kulturgutschutzbehörden der Länder).
Red Lists Database
