Syria Regulation
Scope of application
The purpose of this Regulation is to protect Syrian cultural property. It prohibits the import and export into and out of the EU’s internal market of Syrian cultural property exported from Syria after 9 May 2011 and any dealing in property of this kind. The burden of proof is on the owner of the cultural property as regards the reference date for exports out of Syria. Pursuant to Article 11c(2)(b) of the Regulation, cultural property exported after this reference date must be returned to Syria. The Regulation was modelled on Regulation (EC) No 1210/2003 on the protection of Iraqi cultural property.
Scope of protection
As well as imposing embargoes under foreign trade law, the Regulation also prohibits the import and export of Syrian cultural property and other items of archaeological, historical, cultural, rare scientific and religious importance and dealing in such property and items.
This includes the objects listed in Annex XI to the Regulation which have been illegally removed from Syria’s cultural institutions. The protection conferred by the Regulation also applies to cultural items otherwise removed from Syria in breach of Syria’s laws and regulations, for example items obtained through illicit excavations.
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).”