When is an export licence required?
As a basic principle, exports of cultural objects from Germany are governed by a differentiated system that takes into account the nature of the cultural object, the period for which it is to be exported and the country of destination.
The “default scenario” involves objects which have not been entered into a register of cultural objects of national significance and for which an entry procedure has not been initiated. In scenarios of this kind, the obligation to obtain an export licence depends on whether the object in question falls within certain categories of cultural property and whether it exceeds the age and value thresholds assigned to these categories.
The obligation to obtain a licence applies only in the case of cultural objects that fall within the categories of Annex I.A to Regulation (EC) No 116/2009 on the export of cultural goods. This includes archaeological objects, pictures, paintings, watercolours, sculptures, manuscripts, books and certain antique items.
Individual age and value thresholds are assigned to each category of cultural property, and a licence is required only when the relevant minimum age and the relevant minimum value are exceeded.
Based on the provisions of EU law, the age and value thresholds that apply in the case of exports to a non-EU country (Section 24 (1) (1) of the German Act on the Protection of Cultural Property (Kulturgutschutzgesetz, KGSG)/Regulation (EC) No 116/2009) are stricter than those that apply to exports within the EU (Section 24 (1) (2) KGSG). The thresholds imposed by the Act on the Protection of Cultural Property are significantly lower than those imposed by EU law in such cases, in the interests of owners and collectors. Conversely, this means that the provisions of German legislation on exports to the EU internal market are significantly more generous than the provisions that apply in other EU Member States.
An overview is provided in the tables containing details of the relevant categories and the associated age and value thresholds.
Licence applications must be submitted to the competent Land authorities.
Pursuant to Section 24 (5) KGSG, an export licence will be granted if there is no export ban (Section 21 KGSG). The Land in question must take a decision on an export licence application within a deadline of 10 working days (Section 24 (7) sentence 1 KGSG).