Applying for an export license for cultural property

Source: BUS Rheinland-Pfalz

You require a permit to export cultural property from Germany if the cultural property exceeds certain age or value limits. Cultural goods are, for example, works of art, archaeological objects, archive material, manuscripts or antiques such as furniture, musical instruments or jewelry. You can find out about the age and value limits, for example, on the Internet portal of the Federal Government Commissioner for Culture and the Media on the protection of cultural property.

If the authorization requirement is dependent on the financial value of the cultural property, this value is

the price paid for a purchase or sale within the last 3 years or
in other cases, a justified domestic estimated value at the time of application.

You can apply for approval from the competent authority. A distinction is made between permanent and temporary export. The export is temporary if it takes place for a limited period of no more than 5 years from the outset.

You apply for a license to export cultural goods in writing to the competent authority of the federal state in which the cultural goods are located at the time of application. If you are a legal entity, your head office in the federal territory is decisive for local jurisdiction.

Note: You can also use a new online procedure in pilot operation to apply for export licenses for cultural goods. The online procedure includes an optional preliminary check to determine whether an export license is required in a specific case based on a few questions. In general, you no longer have to select the correct application yourself; it is determined automatically based on the information provided. The pilot operation serves to further test and optimize the procedure. At the same time, the procedure is to be expanded by the end of 2022 so that it will also be possible to issue the permit digitally.

To apply for an export license for registered cultural property online, you can use an online procedure that is currently in pilot operation. The online procedure includes an optional preliminary check to determine whether an export license is required based on just a few questions. In general, you no longer have to select the correct application - it is determined automatically based on the information you provide. The pilot operation serves to further test and optimize the procedure. At the same time, the procedure is to be expanded by the end of 2022 so that it will also be possible to issue the permit digitally.

The following steps are required to apply in writing for a permit for the export of registered cultural property:

Search for the competent authority and the PDF form for your federal state using the authority finder
Download the correct PDF form.
- Export license in accordance with Regulation (EC) No. 116/2009, Section 25 or Section 26 of the Cultural Property Protection Act for export to third countries and
- according to § 24 paragraph 1 number 2, § 25 or § 26 of the Cultural Property Protection Act for export to member states of the European Union
Fill out the PDF form on your PC.
Print out the documents.
- Export license in accordance with Regulation (EC) No. 116/2009 for export to third countries in triplicate (the form already contains all copies),
- Export license according to § 24 paragraph 1 number 2 Cultural Property Protection Act for export to member states of the European Union in duplicate,
- Export licenses pursuant to § 25 and § 26 of the Cultural Property Protection Act, each in duplicate (please note: the forms for export to third countries already contain all copies)
Sign in the spaces provided, stamp the documents if necessary and attach the necessary supporting documents to each copy.
Send the documents to the competent authority.
The authority will check your application and send you
- 2 copies (export to a third country in accordance with Regulation No. 116/2009) or
- one copy (export to a third country or export to member states of the European Union in accordance with Section 24(1)(2), Section 25 or Section 26 of the Cultural Property Protection Act),
- the completed, signed and sealed documents are returned, together with a fee notice if applicable.
- Copy 1 is the application and remains with the authority. All other copies will be returned to you. When exporting to a third country in accordance with Regulation (EC) No. 116/2009, you must submit copies 2 and 3 to the competent German customs office of export together with the export declaration. The customs office of export completes box 26 and hands over copy 2 to you. After the actual exit, the German customs office of export confirms this in box 27 and returns copy 3 to the authority that issued the license.

If your application for an export license is rejected, you will receive a written notification with reasons and information on the legal remedies.

You will be granted a license under Regulation (EC) No. 116/2009 or under Section 24 (1) No. 2 of the Cultural Property Protection Act if

you are eligible to apply,
- as the owner or as an authorized third party or authorized third party
you have submitted the required documents and
at the time of the decision, there is no export ban pursuant to Section 21 (1), (2), (4) and (5) of the Cultural Property Protection Act.

You can be granted a license in accordance with Section 26 of the Cultural Property Protection Act if

you are eligible to apply,
- as the owner or legal direct possessor of the cultural property
you have submitted the required documents,
at the time of the decision there is no export prohibition pursuant to § 21 numbers 1, 2, 4 and 5 of the Cultural Property Protection Act and
you as the applicant can guarantee that the cultural property intended for export will be re-imported into Germany in an undamaged condition and on time.

You can be granted a permit in accordance with Section 25 of the Cultural Property Protection Act if

you are eligible to apply,
- institutions that preserve cultural property and regularly export parts of their holdings temporarily for public exhibitions, restoration or research purposes are eligible to apply
you have submitted the required documents,
at the time of the decision there is no export ban in accordance with § 21 numbers 1, 2, 4 and 5 of the Cultural Property Protection Act and
you, as the applicant, can guarantee that the cultural property intended for export will be re-imported into Germany in an undamaged condition and in good time.

For licenses pursuant to Regulation (EC) No. 116/2009 and Section 24(1)(1) of the Cultural Property Protection Act and Section 24(1)(2) of the Cultural Property Protection Act, the period of validity is 12 months. The (temporary or permanent) export is possible until the last day of the period of validity. The re-import period (up to 5 years) for the one-off temporary export of cultural property (Regulation (EC) No. 116/2009 and Section 24 (1) No. 1 of the Cultural Property Protection Act) is determined by the authority according to the purpose of the export.

For licenses pursuant to § 25 and § 26 of the Cultural Property Protection Act, the period of validity is up to 5 years. (Temporary) export is possible until the last day of the period of validity; re-import must take place within 5 years.

For an application under Regulation (EC) No. 116/2009 or under Section 24 (1) No. 2 of the Cultural Property Protection Act, the processing time is up to 10 working days after submission of the complete application documents. Apart from the above-mentioned decision period for certain licenses, the processing time depends on the completeness of the application documents submitted and the complexity of the application. The permit must be applied for in good time before the planned export of the cultural property.

A permit obtained by threat, bribery or collusion or obtained by false or incomplete information in accordance with Section 22 (1) of the Cultural Property Protection Act is null and void in accordance with Section 22 (5) of the Cultural Property Protection Act. This applies mutatis mutandis to licenses (Section 24(1)(1) and (2) of the Cultural Property Protection Act pursuant to Section 24(9) of the Cultural Property Protection Act).

Applying for an export license for cultural property

Process flow

Requirements

Which documents are required?

What deadlines do I have to pay attention to?

Processing duration

Legal basis

Appeal

What else should I know?

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