National law
Any examination of the national regulations on the protection of cultural property must start by drawing a distinction between federal law and Land law.
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Provisions of national law on the protection of cultural property
The provisions of federal law enshrined in the German Act on the Protection of Cultural Property (Kulturgutschutzgesetz, KGSG) are aimed at protecting certain German cultural objects against illegal export (protection against expatriation). In addition, the Act on the Protection of Cultural Property contains provisions on imports of cultural property into Germany, on dealing in cultural property and the due diligence requirements to be met in this respect, and on the return of cultural property unlawfully introduced into the country. By way of contrast, the provisions of Land law (on monument conservation, archives and entailed estates) are primarily aimed at protecting German cultural property against damage and removal.
Certain provisions of national law also transpose requirements under EU law and Germany’s obligations under international agreements, particularly as regards the return of cultural objects that have been unlawfully introduced into the country.
Act on the Protection of Cultural Property
The Act on the Protection of Cultural Property, which was adopted in 2016, was the first piece of legislation summarizing at federal level the most important regulations on the protection of cultural property. The Act combines provisions concerning both the protection against expatriation conferred upon cultural property under federal law and the protection granted to cultural objects belonging to other countries in transposition of Directive 2014/60/EU, the 1970 UNESCO Convention, the 1954 Hague Convention and the first Additional Protocol to the 1954 Hague Convention. Detailed information on the objectives and regulatory substance of the Act on the Protection of Cultural Property can be found in the section on the Act on the Protection of Cultural Property.
Monument conservation acts
The monument conservation acts of the Länder (only available in German) protect cultural objects against any interventions that may lessen their ability to bear testament to cultural heritage. In addition to destruction, damage or other alterations to the substance or appearance of a monument, interventions that require approval may also include removal from the display or storage location. The protection conferred upon movable cultural objects under the monument conservation acts may therefore also protect these objects indirectly against expatriation. Further details can be found in the section on Monument conservation law.
Archive-related acts
The archive-related acts of the Federal Government and the Länder do not contain any provisions that directly protect cultural objects against expatriation, but some of their provisions are intended to provide general protection for cultural objects of this kind.
Law on the dissolution of entailed estates
Entailed family estates (from “fidei commissum”, a Latin phrase that translates as “left to trusted hands”) were previously a widespread institution under private inheritance law, and were particularly popular among the 17th- and 18th-century nobility. The entailment of a family estate created special tied assets that could not, in principle, be sold or encumbered. The purpose of doing so was to preserve a family’s economic power and social reputation in perpetuity.
Measures taken in connection with the dissolution of entailed family estates for the purpose of protecting objects and groups of objects of particular artistic, scientific, historical or local historical value are also significant in terms of protecting cultural property. Since these measures may include bans on removing objects from their current location, they may also provide indirect protection against expatriation under certain circumstances. Further information on this topic can be found in the section on the Legislative provisions relating to the dissolution of entailed family estates.