kulturgutschutz deutschland

Exemptions from the requirement for an export licence

In most cases, cultural objects belonging to the individuals who created them are exempt from the requirement for an export licence.

In the case of exports to an EU Member State, this follows from the provisions of Section 24 (1) (2) of the German Act on the Protection of Cultural Property (Kulturgutschutzgesetz, KGSG). In the case of exports to a non-EU country, it similarly follows from the provisions of Regulation (EC) No 116/2009 (which applies directly in Germany) that the originator of a work is almost always exempt from the requirement otherwise imposed by this Regulation to obtain an export licence for the work.

If the age and value thresholds referred to in the Regulation are exceeded, an export licence is required only for certain antique items that are more than 50 years old. A painter can therefore take his or her own paintings to a gallery abroad with a view to their later marketing without needing to apply for an export licence under the legislation on cultural property.

Further information on regulations governing exports of cultural property can be found in the section on Export regulations.