The state examination on the export of cultural property
ARTinvestment.RU   27 июля 2008

All the cultural treasures, declared for export shall be subject to mandatory review. That is the prescription of law

27 April 2001, the Government of the Russian Federation Decree № 322 approved the Regulation on the conduct of examination and monitoring of the export of cultural property. This document is valid up to now, and minor changes were made to him only once, 3 October 2002.

Examination of cultural values held by the application of the owner (or his authorized person) in the Federal Service for Supervision of compliance with legislation for the protection of cultural heritage, which is administered by the Ministry of Culture of the Russian Federation.

The application must contain information about the owner of cultural property (attention!) on the basis of his ownership of the claims for export or temporary export from the territory of the Russian cultural values and their description. And then in a difficult position to be citizens, companies and collectors, representing expertise in the things of which the origin is unknown, even if they are purchased through specialty shops. If in the process of reviewing the application identifies the circumstances, evidence of illegal possession of cultural property, officials Rosohrankultury required to inform law enforcement authorities.

The application:

• list with a description of cultural property in the amount of more than two (in triplicate);
• three photographs of each cultural value no smaller than 8 x 12 inches. When exporting and export from the territory of the Russian archival documents, books, philatelic, numismatic, Bonistics and Faleristics submission of photographs is not required;
• copies of documents confirming ownership of a legal person to leave the territory of the Russian cultural values (with the submission of the originals);
• documents verifying the value of cultural property;
• copy of identity document a citizen of the Russian Federation outside the Russian Federation, or identity document as nationals or citizens of foreign states on the territory of the Russian Federation, or a copy of the document certifying the fact of making the recording of the legal person in ЕГРЮЛ ;
• in the case of temporary export of cultural property from Russia - the documents provided for in article 30 of the Law «On export and import of cultural property».

Treatment and enclosures registered representative Rosohrankultury in a special journal, and the applicant is issued a notice of receipt of the application, together with the registration number. After reviewing the documents, staff Rosohrankultury may find the need to examine the direct effects specialists. In this case, the owner is requested to provide something for examination within the prescribed time. The study can be conducted and the location of the cultural values, in agreement with its owner (the owner). In accordance with Article 18 of the Law «On export and import of cultural property», the refusal to submit to examination by the alleged export of objects regarded as a waiver the applicant on their export.

Duration of the examination of cultural values is dependent on the complexity of expertise and the volume of submissions, but this period should not exceed 30 days. If necessary, the cultural values (with the consent of the applicant) may be subject to additional technological research in the museum, archive and restoration facilities Ministry of Culture of Russia, or the Federal Archival Service. In doing so, the duration of the examination may be extended, but not more than 30 days.

Examination fee. Please note that from 1 August 2008 to change details for the payment of state duty for the export of cultural property.

The conclusion is made in writing. It is made by a full analysis of cultural values in determining their authenticity, authorship, the name, place and time of creation, material and technology performance, with fixing the size (weight), the distinctive features of the state of preservation. Taken into account and the documents submitted by the. The conclusions of experts on the possibility or impossibility of removal (temporary export) of a thing to be motivated, well-founded. In the expert report shall also contain proposals for the assessment of cultural values. In doing so, the experts required to assume the market value of items.

If the applicant does not agree with the conclusions of experts, cultural values are submitted to the State Expert Commission of Ministry of Culture of Russia or Central expert committee screening the Federal Archival Service of Russia. Members of the commission shall render its decision on the consent /disagreement with expert opinion.

During the examination of the alleged removal (temporary export) values including checks, not whether they are in public security mailing lists or registries.

If the results of examination officials conclude the need for a particular cultural value to public security mailing lists or registries, materials expertise are transferred to the appropriate public authorities, regardless of consent of the applicant. If an item is included in the protection list, register, then copies of expert opinions submitted by the applicant together with the materials stored in the Ministry of Culture of Russia, its territorial authorities or the Federal Archival Service of Russia.

According to the results of examination of a decision on the ability or inability to export or temporary export of cultural property in the country. If officials in considering the application considered that the applicant has no power to move the value of cross-border (for example, it is not the owner of the thing), the export (export) denied. A decision on the impossibility of the cultural values of the Russian Federation shall be in writing. The document, whose contents within 10 days should be brought to the attention of the applicant, the reasons for refusal. Upon receipt of the decision, the applicant may appeal to the administrative or judicial review.

If the applicant is allowed to positive, the certificate form to the right to export cultural property. By this document is attached and whether sealed list of cultural values which are allowed to be exported, and their photos. The certificate is the basis for cultural property to pass through customs and the state border of Russia.

If you need an examination of the temporary exported from Russia in cultural property, in addition to general requirements and additional rules.

Material prepared Elena Pokidova

Source: artinvestment.ru