Publication date: 11.06.2024
Customs aspects of import and export of cultural property: legal regulation and practice
Introduction
The import and export of cultural property is a special area of customs regulation that requires careful control by the state. This is due to the need to protect the national cultural heritage, prevent illicit trafficking in cultural property and ensure compliance with Ukraine's international obligations. In this article, we will consider the legal regulation and practical aspects of customs control over the movement of cultural property across the border of Ukraine.
Legal regulation
Customs Code of Ukraine:
- The Customs Code of Ukraine establishes general rules and procedures for customs control and clearance of goods, including cultural property. Particular attention is paid to the protection of cultural heritage and the prevention of the illegal export of cultural property.
The Law of Ukraine "On the Export, Import and Return of Cultural Property":
- This law regulates legal relations related to the export, import and return of cultural property, establishes the procedure for obtaining permits and control over compliance with the law.
Resolutions of the Cabinet of Ministers of Ukraine:
- Resolutions of the Cabinet of Ministers detail the procedures for customs control and clearance of cultural property, in particular, the procedure for issuing permits for the export and import of cultural property, as well as the requirements for documents confirming the right to move such property.
Customs control procedure
Documentation:
- To import or export cultural property, you must obtain a permit from the Ministry of Culture of Ukraine. The permit is issued on the basis of submitted documents confirming the ownership of cultural property and its origin.
- The customs declaration must be accompanied by documents confirming the existence of the permit, as well as a description of the cultural property, indicating its value, condition and other characteristics.
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Customs control:
- Customs authorities check documents and conduct an actual inspection of cultural property to ensure that the declared data corresponds to the actual state of affairs.
- Special attention is paid to verifying the authenticity of cultural property, preventing counterfeiting and smuggling.
Cost estimation:
- The value of cultural property is determined on the basis of an expert assessment conducted by specialized institutions or experts accredited by the Ministry of Culture of Ukraine.
Practical aspects
The importance of documents:
- Correct and complete paperwork is a key aspect of successful customs clearance of cultural property. Insufficient or incorrect documents can lead to delays or refusal of border clearance.
Cooperation with experts:
- Cooperation with qualified experts in the field of cultural heritage helps to ensure the accuracy of the valuation and authenticity of cultural property, which reduces risks during customs control.
International obligations:
- Ukraine is a party to a number of international conventions, such as the UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. This imposes additional obligations on the country to control the movement of cultural property.
