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consequences are, specifically, the loss of cultural identity for the nations that are plundered, the disappearance of historical references, or, in cases of illegal excavations, the destruction of cultural sites that hold testimonials to human history.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 travelling to a non-EU country?
When travelling to a country outside the European Union, particular attention must be paid to the various national and European regulations concerning the protection of cultural objects.
Bans on exports from Germany and the European Union have been imposed in the following contexts.
The protection of cultural property of national significance
Cultural property of national significance within the meaning of Art. 6 of the Act to prevent the exodus of German cultural property (Kulturgutschutzgesetz, KGSG), the removal of which from Germany would represent a substantial loss to the national heritage, are subject to specific safeguards.
The cultural assets protected under Art. 6 (1) KGSG are listed in a register of cultural property of national significance, such as works of art, paintings, sculptures, library collections, manuscripts and archives, including photographic, cinematographic and sound archives.
Registers of this kind have been compiled and published on the Internet by the competent German regional agencies for the protection of cultural property (Kulturgutschutzbehörden der Länder).
Registers of cultural property of national significance (in German)
In accordance with Art. 6 (1) (2-4) KGSG, even objects that are not listed in a register of cultural property of national significance are deemed protected national cultural assets if they are publicly owned and held by a heritage institution under public law, or if they are owned and held by a heritage institution which is predominantly funded by government grants, or if they are part of a federal or state-level art collection.
The export of nationally significant cultural objects that are subject to Art. 6 KGSG requires authorisation. Licences for the temporary export of cultural assets within the meaning of Art. 6 KGSG are issued by the cultural property protection agency of the German state in whose register of cultural property of national significance the items in question are listed pursuant Art. 6 (1) KGSG, or in whose territory the items are being held pursuant to Art. 6 (1) (2 and 3) KGSG at the time of lodging the licence application. Licences for the permanent export of cultural assets of national significance can only be issued by the Federal Government Commissioner for Culture and the Media.
The protection of cultural assets in Europe
The establishment of the internal market has created a necessity for European Union provisions to protect cultural property from being moved abroad. Pursuant to these provisions certain categories of cultural property that meet specified criteria require a licence to be exported from the customs area of the Union.
Regulation (EC) No 116/2009 includes a complete list of protected cultural assets and the applicable value thresholds.
Any export licence that may be required pursuant to this regulation shall be issued by the cultural property protection agency of the German state in whose territory the item(s) is/are being held.
The protection of 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 export of Iraqi cultural property and other items of archaeological, historical, rare scientific or religious importance from 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
The illicit trade in cultural assets from Syria has now reached worrying dimensions. Historical sites and cultural items are being irretrievably destroyed by illegal on-site excavations.
There are bans on the import, export and transfer of 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.
More detailed information on the topic 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.
Red List of Syrian cultural objects at riskPDF | 160 KB | Not a barrier-free file
