Iraq Regulation
Scope of application
The purpose of this Regulation is to protect Iraqi cultural property and to facilitate the return of cultural items unlawfully exported or removed from Iraq. The archaeological sites and museums that used to be kept under close guard by Saddam Hussein’s regime have been heavily plundered and looted since the dictator’s fall. This Regulation is intended to prevent imports and exports of these cultural items and dealing in them.
Scope of protection
As well as imposing embargoes under foreign trade law, the Regulation also prohibits the import and export of Iraqi cultural property and other items of archaeological, historical, cultural, rare scientific and religious importance and dealing in such property and items.
This includes the items listed in Annex II to the Regulation that have been illegally removed from Iraqi cultural institutions. The protection conferred by the Regulation also applies to items otherwise removed from Iraq in breach of Iraq’s laws and regulations, for example cultural items obtained through illicit excavations.
The Regulation stipulates that the import or export of this cultural property into the territory of the Community and the dealing in said property are prohibited. This prohibition does not apply if it is shown that the cultural items were exported from Iraq prior to 6 August 1990.
Monitoring of compliance with import and export regulations, sanctions
“The provisions of customs law grant powers of inspection to ensure compliance with the export regulations. Unlawful transport of the items listed in the Regulation into and out of Germany and dealing in these items after they have been introduced into Germany is punishable pursuant to Section 83 (1) (3) of the German Act on the Protection of Cultural Property (Kulturgutschutzgesetz, KGSG).”