Cultural Authority

Apply for an export permit for cultural property

Prerequisites

• An export license will only be granted if there is no export ban at the time the decision is made.
• You will be granted a permit for the one-off permanent or temporary export of cultural property to member states of the European Union or third countries if
  • You are the owner of the cultural property or an authorized third party and
  • the cultural property exceeds certain age and value limits, which you can find out on the website of the Federal Government Commissioner for Culture and the Media for the protection of cultural property.
• You may be granted a permit for the regular export of cultural property (specific open permit) if:
  • You are the owner or rightful immediate owner of the cultural property and
  • You, as the applicant, guarantee that the cultural property intended for export will be re-imported into the federal territory in an undamaged condition and on time.
• A permit for the regular export of various cultural objects (general open permit) can be granted to you if
  • You are an institution preserving cultural assets that regularly exports parts of its holdings temporarily for public exhibitions, restoration or research purposes and
  • You, as the applicant, guarantee that the cultural property intended for export will be re-imported into the federal territory in an undamaged condition and on time.

Documents required

• Written cultural property export application or online application with authentication
• Provenance information on the cultural asset
• Power of Attorney when submitting an application
• Further evidence (means of identification, loan agreements, proof of value, etc.)

Please note

Any permit obtained by threat, bribery or collusion or obtained fraudulently by providing incorrect or incomplete information is void.

Deadlines

Permits for a one-off temporary or permanent export to a third country or an EU Member State

• Deadline type: Period of validity


• Duration: up to 12 months


• (Temporary or permanent) export is possible until the last day of validity.

Re-import period (up to 5 years) for the one-off temporary export of cultural property:

• The authority determines the re-import period (up to 5 years) for the one-off temporary export of cultural property according to the purpose of the export.

General open or specific open permits

• Deadline type: Period of validity


• Duration: up to 5 years


• The (temporary) export is possible until the last day of the period of validity, the re-import must take place within 5 years.

Procedure

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

To apply online for a permit for the export of national cultural property, you can use the online portal for the export of cultural property.

• The online process includes an optional pre-check to determine if an export license is required with just a few questions.
• You no longer have to choose the right application form yourself; it is determined automatically based on the information.
• Authenticate yourself with the “Federal user account” or with “My company account (ELSTER)”.
• Enter the data requested for the export and send it electronically to the authorities.

In order to apply in writing for a permit for the export of cultural property, the following steps are necessary:

• Use the authority finder to find the competent authority and the form and download it:
  • Export license according to Regulation (EC) number 116/2009, § 25 or § 26 of the Cultural Property Protection Act for export to third countries and
  • Export license according to § 24 paragraph 1 number 2, § 25 or § 26 Cultural Property Protection Act for export to member states of the European Union
• Fill out the PDF form on the PC.
• Print out the forms:
  • Export license according to Regulation (EC) No. 116/2009 for export to third countries in triplicate
  • 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 permits according to Section 25 and Section 26 of the Cultural Property Protection Act in duplicate.
• Sign in the spaces provided, stamp the documents if necessary and enclose the necessary evidence with each copy.
• Send the documents to the Ministry of Culture and Media.
• The authority will examine your application and return the completed, signed and sealed documents to you:
  • two copies (one-time temporary or permanent export to a third country). When exporting to a third country, you must present copies 2 and 3 to the responsible German export customs office with the export declaration. The export customs office fills in box 26 and gives you copy 2. After the actual exit, the German export customs office confirms this in box 27 and sends copy 3 back to the authority that issued the permit.
  • one copy (one-time temporary or permanent export to an EU Member State, general open export and specific open export)
• If your application for an export license is rejected, you will receive a written notification with a reason and information on legal remedies.

Processing time

• For an application for a one-off export to a third country or EU member state, processing takes up to 10 working days after submission of the complete application documents.


• There is no legal deadline for a decision on an application for a general open or specific open permit, it depends on the complexity of the application.


• Comment for further information on the processing time: You must apply for the permit in good time before the planned export of the cultural property.

Fees

There are no costs.

Legal remedies

• Appeal to the Authority for Culture and Media if the permit is not granted as requested.


• Legal action before the Hamburg Administrative Court if the permit is not granted or not granted as requested.

Legal basis

Article 2 Council Regulation (EC) No. 116/2009 of 18 December 2008 on the export of cultural goods (codified version) [Regulation (EC) No. 116/2009]


https://eur-lex.europa.eu/legal-content/DE/TXT/HTML/?uri=CELEX:32009R0116&from=DE




in connection with the


Commission Implementing Regulation (EU) No. 1081/2012 of November 9, 2012 on Council Regulation (EC) No. 116/2009 on the export of cultural goods [Regulation (EU) No. 1081/2012]


https://eur-lex.europa.eu/legal-content/DE/TXT/HTML/?uri=CELEX:32012R1081&from=DE




§ 24 and §§ 25-27 Cultural Property Protection Act - (KGSG)


https://www.gesetze-im-internet.de/kgsg/