Export
In certain cases, the export of cultural property from Germany requires a licence under the rules of the Act on the Protection of Cultural Property (Kulturgutschutzgesetz, KGSG) and the directly applicable EC Regulation No 116/2009.
Age and value thresholds
The licensing requirements most relevant to the professional trade are those determined by the age and value of the objects concerned. Individual age and value thresholds are assigned to each category of cultural property. Only when the required minimum age and the required minimum value are exceeded export permission is required. The age and value thresholds that apply to exports to a non-EU country (Section 24 (1) no.1 KGSG/ Regulation (EC) No 116/2009) are stricter than those that apply to exports within the EU (Section 24 (1) no. 2 KGSG).
An overview of relevant age and value thresholds for the export of cultural property from Germany, by object categories and export destination, can be found in the section Publications. Thus, trade in contemporary art is not subject to licensing requirements.
In the absence of any of the obstacles clearly defined in Section 21 KGSG, applicants have a statutory entitlement to the grant of an export licence within ten working days upon submission of the complete application documents (Section 24 (7) KGSG).
National cultural property
National cultural property is a special case. According to Section 6 KGSG, national cultural property shall be cultural property which
1. is entered in a register of cultural property of national significance;
2. is publicly owned and part of the collection of a public-law institution preserving cultural property;
3. is owned by and part of the collection of an institution preserving cultural property which largely relies on public funding; or
4. is part of an art collection of Federation or the Länder.
Cultural property that can be assigned to one of these groups is subject to an export license requirement (Sec. 22, 23 KGSG), regardless of age and value.
The approval of temporary export (up to five years) is generally provided for. It is to be granted in accordance with Sec. 22 (2) KGSG if the applicant can be expected to reliably reimport the cultural property into the Federal Republic of Germany in undamaged condition and on time.
Permanent export (for more than five years) of national cultural property is, however, regularly not envisaged due to the consequences for German cultural heritage. Nevertheless, Sec. 23 KGSG provides for an elaborate approval procedure which balances the individual export interest with the interests of German cultural property.
Specific open licence to simplify temporary export
For cultural property that is meant to be temporarily exported from Germany repeatedly, there is the possibility of a "Specific open licence" issued by the relevant authority of the Länder (Section 26 KGSG). The licence relates to a single cultural good and is valid for a period of five years for all temporary exports of this cultural good. It can be granted for exports both within the EU and outside the EU. In individual cases this may also be of interest to traders.
Responsible authority
Authority to issue export licences is vested in the Federal Länder. Contact details for the various offices responsible and application forms can be accessed by clicking on “authority finder” (in German).
Decisions on licences for the permanent export of cultural property of national significance are taken by the Minister of State for Culture and the Media.