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reinier.russell@russell.nl +31 20 301 55 55A new EU regulation requires anyone wishing to import cultural goods into the EU to have an import license or submit an importer’s declaration from 28 June 2025 onwards. When is which type of document required? How does it affect art dealers, galleries, auction houses and collectors, both inside and outside the EU?
Cultural goods can be used to finance terrorism. Therefore, the EU prevents the import of such cultural goods with legislation. This is why, for example, the Fifth European Anit-Money Laundering Directive includes provisions on the art trade.
In addition there is now the EU regulation on the introduction and import of cultural goods. It prohibits illegal imports, but does not yet have an active procedure for controlling them. In fact, the regulation requiring an import licence or an importer’s declaration for certain types of cultural goods does not yet apply. These documents will become mandatory by 28 June 2025 at the latest.
An import licence is required for archaeological objects and parts of historical monuments which are more than 250 years old, regardless of their value. A special concern for the art trade is that this expressly includes liturgical icons.
An import licence is only granted if the importer can prove that the cultural good was legally exported from the country where it was manufactured or discovered, for example, by presenting an export licence. If the country of manufacture or discovery is not known or the cultural good was exported before 24 April 1972, it is sufficient if it can be proven that the cultural object has been legally in a country for at least five years. If the evidence cannot be presented, no import licence will be granted.
The importer’s declaration is mandatory for most other cultural goods that are more than 200 years old and have a value of at least EUR 18,000. For the art trade, this will be the most common requirement in practice.
The importer’s declaration is a declaration by the holder of cultural objects that they were legally exported from the country of manufacture or discovery. If the country of manufacture or discovery is not known or the cultural object was imported before 24 April 1972, it is sufficient that the cultural object has been legally in a country for at least five years. The importer does not have to submit supporting documents with the declaration, but must have them in possession. The importer must also be able to produce them upon request from customs.
The import licence and importer’s declaration are not required for cultural goods that:
For the art trade, this means that the provenance of works of art will become even more important than it already is. They will therefore have to invest more time and money in this. Thus, provenance is not only necessary in connection with the authenticity of a work of art or to prove rightful ownership, but also to prove that the work has been exported legally.
Without proper provenance, import into the EU is impossible. Even if a work of art was bought in good faith, and the buyer cannot do anything about the lack of proof or provenance. For example, because a work of art was bought at an auction and the previous owner has remained anonymous or a work has been in the family for so long that relevant documentary evidence, if any, has been lost. In particular, the retroactive effect of the regulation on sales in 1972 or later is a problem here. After all, supporting documents relating to exports were not always required at that time.
Although the regulation will have the most impact on the art trade within the EU, art dealers, galleries and auction houses outside the EU will also be affected if they also target the EU art market. While the risk of not obtaining an import licence or not being able to substantiate the importer’s declaration lies with the importer, sellers should also be aware that observant potential EU buyers will refrain from buying if they know that importation is not possible.
Conversely, when selling works of art that were not created within the EU, the art trade will also have to provide documentation proving that the works of art were legally exported. Otherwise, the work can no longer be offered for sale on the European art market.
The regulation applies to all types of importation, nut just the professional art trade. Private collectors also have to deal with it when they buy a work of art at an auction or gallery outside the EU. Moreover they have to deal with the import rules when moving to the EU. If a collector cannot prove that the objects were obtained legally, it will become more difficult to move the collection.
Do you have any questions about the new regulation? Do you want to know, for example, for which cultural goods an import licence or importer’s declaration is required? Or which proof is accepted by the customs? We will be happy to give you advice on this. You can also contact the art and law specialists at Russell Advocaten for other disputes about art, for example about the authenticity of works of art. Please contact:
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