Art dealers and galleries
The Act on the Protection of Cultural Property (Kulturgutschutzgesetz, KGSG) contains a series of rules that are especially significant for trade in cultural property. Of prime importance are the due diligence requirements which the KGSG sets out for the placing on the market of cultural property.
Persons acting for commercial and non-commercial reasons are subject to general due diligence requirements under Section 41 KGSG. Before placing a cultural item on the market, they must check any clear indications that it was previously lost, unlawfully imported or unlawfully excavated. For cultural property that meets the above criteria, there is a ban on placing on the market of cultural property in place. Anyone placing cultural property on the market for commercial reasons must furthermore comply with the special due diligence requirements set out in Sections 42 to 44 KGSG and with record-keeping and information requirements under Sections 45 et seq. KGSG.
Furthermore this website provides information about the rules applicable to the importing of cultural property, the exporting of cultural property, the “laissez-passer” rule and the so called “negative certification” under Section 14 (7) KGSG that establishes an item does not meet the criteria to be enlisted in the register of cultural property of national significance.
Source: Koelnmesse GmbH, Foto: Thomas Klerx