The protection of cultural assets
In Europe, the trade in works of art and antiques has become a major element of the economy. The demand for cultural assets is apparently so great that the illegal procurement of, and trade in, stolen works of art have also grown considerably.
This is especially true for the cross-border activities of networks focussing on ecclesiastical items from Eastern Europe or on archaeological finds from illegal excavations in ancient Mesopotamia (for the most part in today’s Iraq).
National and international regulations such as import prohibitions have become necessary to curb these kinds of activities, and to offer effective protection against the loss and destruction of cultural property.
By assisting the monitoring of these export prohibitions, the Customs Administration helps to ensure that the current German and Union-wide legislation for the protection of cultural property is observed when goods are being exported.
Bans on imports into the European Union apply in the following contexts.
The protection of Iraqi cultural property
The military conflicts in Iraq in the context of the Gulf Wars have led to numerous lootings of museums and to illegal excavations in areas of archaeological interest.
As a result, many cultural assets that had been illegally acquired in Iraq were brought out of the country, or they continue to be smuggled out of their country of origin in order to be offered for sale on the European art market.
Art. 3 of Regulation (EC) 1210/2003 of 7 July 2003 concerning certain specific restrictions on economic and financial relations with Iraq includes provisions that prohibit the import of Iraqi cultural property and other items of archaeological, historical, rare scientific or religious importance into the European Union. This also applies if they have been illegally removed from locations in Iraq or have been brought out the country in breach of Iraqi law.
The only exceptions are cultural goods that can be shown to have been exported from Iraq prior to 6 August 1990, or that are exported with the intention of being returned to Iraq.
Emergency Red List of Iraqi Antiquities at risk (2003)PDF | 160 KB | Not a barrier-free file
Emergency Red List of Iraqi Antiquities at risk (2015 - in German)PDF | 160 KB | Not a barrier-free file
The protection of Syrian cultural property
The illicit trade in cultural assets from Syria has now reached worrying dimensions. Historical sites and cultural items are being irretrievably destroyed by illegal on-site excavations.
There are prohibitions of the export and transfer of assets that are the cultural property of Syria, as well as of other items of archaeological, historical, cultural, or rare scientific, or religious importance. Annex XI of Regulation (EU) No 36/2012 of 18 January 2012 concerning restrictive measures in view of the situation in Syria includes a list of such assets. The list is not, however, conclusive. The provision of any related brokering services is also prohibited. The prohibitions do not apply if the assets can be shown to have been exported from Syria prior to 15 March 2011, or are being returned safely to their lawful owners in Syria.
Red List of Syrian cultural objects at riskPDF | 160 KB | Not a barrier-free file
Protection of cultural property from third countries
In order to counter the illegal trade in cultural goods and the looting of archaeological sites and excavations, the European Commission has taken measures to protect cultural property from third countries. Regulation (EU) 2019/880 of the European Parliament and of the Council of 17 April 2019 on the introduction and import of cul-tural goods protects cultural goods from third countries against illegal introduction into the customs territory of the Union and their commercialisation there.
Article 3(1) of Regulation (EU) 2019/880 prohibits the introduction of cultural goods listed in Part A of the Annex to that Regulation into the customs territory of the Union if they have been illegally exported from a third country.
Red Lists Database
Cultural property of a State Party to the UNESCO Convention
The UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property of 14 November 1970 is intended to prevent the illicit trade in antiques and works of art, on the one hand, and to return cultural objects that have been unlawfully transferred from a State Party, on the other.
Pursuant to Art. 2 (1) (19) of the Act to prevent the exodus of German cultural property, protected cultural objects from a State Party to the Convention may only be imported if their export from that State is permitted. Proof of the regularity of an export from that State must be furnished. To this end, the declarant must submit export authorisations or other official confirmation issued by that State Party.
A cultural object within the meaning of the UNESCO Convention is property falling into the categories listed in Art. 1 of the Convention, and which a State Party has designated, for secular or religious reasons, as being of particular relevance for archaeology, prehistory, history, literature, art or science.
The State Parties to the UNESCO Convention are listed at www.unesco.org.
State Parties to the UNESCO Convention
More detailed information can be found on the joint internet portal of the Federal Government Commissioner for Culture and the Media and the regional agencies (Länderbehörden) for the protection of cultural property.
Protection of cultural property in other countries (in German)
Red Lists Database
