Apply for a permit for the temporary export of national cultural property (e.B artwork) abroad

If you want to export national treasures from Germany, you must apply for an export permit. You will receive the approval if certain conditions are met.

For the export of cultural property from Germany, you need a permit if they exceed certain age or value limits. Cultural assets are e.B works of art, archival material, manuscripts, antiques such as furniture, musical instruments or jewelry, archaeological objects. The financial value of the cultural object relevant for the approval requirement is the price paid within the last 3 years for a purchase or sale, in other cases a justified domestic estimate at the time of application.

Such authorisation may be applied for at the competent authority. A distinction is made between permanent and temporary exports.

You apply for permission to export cultural goods in writing to the competent authority of the federal state in which the cultural object is located at the time of application. If you are a legal entity, your head office in Germany is decisive for local jurisdiction.

Variants of the application:

  • Export licence for one-off export (permanent or temporary) from the Federal Republic of Germany to a third country (Regulation (EC) No 116/2009): authorisation is required from certain age and value limits (Annex I to Regulation (EC) No 116/2009) and is only granted under certain conditions, legal entitlement if conditions are met; Authority determines the period of validity of the export licence (up to one year) and the re-import period (up to five years).
  • Export licence for one-off export (permanent or temporary) from the Federal Republic of Germany to a Member State of the European Union (§ 24 para. 1 no. 2 Cultural Property Protection Act): Approval is required from certain age and value limits (§ 24 para. 2 Cultural Property Protection Act) and is only granted under certain conditions, legal entitlement if conditions are met; Authority determines the period of validity of the export licence (up to one year) and the re-import period (up to five years). The authorisation requirement pursuant to § 24 (1) no. 2 of the Cultural Property Protection Act does not apply if the cultural property can only be proven to be temporarily in Germany for up to 2 years; this does not apply to cultural property unlawfully imported or previously exported without the necessary authorisation.
  • Export permit for repeated export (temporarily) from the Federal Republic of Germany to third countries or in Member States of the European Union: general (§ 25 Cultural Property Protection Act) or specific (§ 26 Cultural Property Protection Act) open permit: Permit is only granted under certain conditions, granting is at the discretion of the authority (no legal claim)

Related Links

  • Database of protected cultural goods
  • color photography (in any case); proof of value; Loan contract (e.B. in the case of cultural goods exported for exhibition purposes); depending on the type of cultural asset: excerpt from catalogue raisonné, bibliography, catalogue.
  • Please ask the competent authority for you if you need to submit any further documents.

Related Links

  • Export permit according to § 22 KGSG in third countries (archival material)
  • Export license according to § 22 KGSG to the European Union (archival material)
  • Export permit according to § 22 KGSG in third countries (cultural property)
  • Export permit according to § 22 KGSG to the European Union (cultural property)
  • Export permit according to § 24 KGSG in third countries (archival material)
  • Export license according to § 24 KGSG to the European Union
  • Export license according to § 24 KGSG to the European Union (cultural property)
  • Export license according to § 25 KGSG to the European Union (archival material)
  • Export permit according to § 25 KGSG in third countries (cultural property)
  • Export permit according to § 26 KGSG in third countries (archival material)
  • according to § 26 KGSG in the European Union (cultural property)

Preconditions

A permit in accordance with Regulation No. 116/2009 (one-time export to a third country) or § 24 para. 1 no. 2 of the Cultural Property Protection Act (one-time export to a member state of the EU) will be granted to you.

  • if you are entitled to apply (owner or authorised third party),
  • if you have submitted the required documents and
  • if at the time of the decision there is no export ban according to § 21 No. 1, 2, 4 and 5 of the Cultural Property Protection Act.

A permit according to § 26 of the Cultural Property Protection Act (repeated export, specific permit) can be granted to you,

  • if you are entitled to apply (owner or rightful direct owner of the cultural property),
  • if you have submitted the required documents and
  • if you, as the applicant, offer the guarantee that the cultural object intended for export will be re-imported into the Federal territory in an undamaged condition and in due time.

A permit according to § 25 cultural property protection law (repeated export, general permit) can be granted to you,

  • if you are entitled to apply (an institution that preserves cultural property and regularly carries out parts of its holdings temporarily for public exhibitions, restorations or research purposes),
  • if you have submitted the required documents and
  • if you, as the applicant, offer the guarantee that the cultural object intended for export will be re-imported into the Federal territory in an undamaged condition and in due time.
  • Information on cultural protection
  • Monument protection in Lower Saxony

Related Links

  • § 24 Para. 1 No. 2 Cultural Property Protection Act, Act for the Protection of Cultural Property (Cultural Property Protection Act)
  • § 25 Cultural Property Protection Act, Act for the Protection of Cultural Property (Cultural Property Protection Act)
  • § 26 Cultural Property Protection Act, Act for the Protection of Cultural Property (Cultural Property Protection Act)
  • § 83 paragraph 1 no. 1 of the Cultural Property Protection Act
  • Article 2 of Regulation (EC) No 116/2009

In order to apply for a permit for the export of registered cultural property, the following steps are required:

  • Search for the competent authority for your federal state via the finder of authorities
  • Download the correct PDF form (export permit according to Regulation (EC) No. 116/2009, § 25 or § 26 cultural property protection law for export to third countries and § 24 para. 1 no. 2, § 25 or § 26 cultural property protection law for export to member states of the European Union).
  • Fill out the PDF form on your PC.
  • Printing: Export licence in accordance with Regulation (EC) No 116/2009 for export to third countries in triple numbers (the form already contains all copies), export licence in accordance with § 24 para. 1 no. 2 of the Cultural Property Protection Act for export to Member States of the European Union in two numbers. Export licences in accordance with § 25 and § 26 of the Cultural Property Protection Act in two numbers (the forms for export to
  • Third countries already contain all copies). On the forms for export to Member States of the European Union, the number of copies to be submitted is indicated at the end.
  • Sign each copy (on the form for the export permit according to § 25 of the Cultural Property Protection Act: additional stamping) and attach the necessary evidence to each copy.
  • Send to the competent authority.
  • The authority examines the application and sends two copies (export to a third country in accordance with Regulation No. 116/2009) or one copy (export to a third country in accordance with § 25 or § 26 of the Cultural Property Protection Act or export to member states of the European Union) completed, signed and sealed back to applicants (possibly with a fee notice).
  • Copy 1 is the application and remains with the authority. All other copies will be returned to applicants . When exporting to a third country in accordance with Regulation (EC) No 116/2009, the applicant must present copies 2 and 3 to the competent German customs office of export with the export declaration. The customs office of export shall complete box 26 and hand over copy 2 to the applicant (declarant). After the actual outcome, the German customs office of export shall confirm this in box 27 and return copy 3 to the authority which issued the authorisation.
  • In the event of refusal of authorisation, the applicant shall receive a written decision stating the reasons and instructions on how to appeal.
  • Government Finder

Related Links

  • Government Finder

Responsible for the content
Lower Saxony Ministry of Science and Culture

Last update or date of publication
10.08.2021