Why is it important to protect Cultural goods? The importance of the trade in cultural goods is two-fold: Cultural goods possess an important artistic, historical or archaeological value for their country of origin and are part of that country's cultural heritage, which needs to be protected and preserved. Valuable artworks, sculptures and archaeological artefacts are often illegally obtained, sold and imported into the EU from conflict-zones. This illicit trafficking is known to be linked to terrorism financing, tax avoidance and money laundering.
What are the main features of this proposed law on the import of cultural goods? A new common EU definition for 'cultural goods' at importation which covers a broad range of objects including archaeological finds, ancient scrolls, the remains of historical monuments, artwork, collections and antiques. The new rules will apply only to cultural goods which are at least 250 years old at the moment of importation. The introduction of a new licensing system for the import of cultural goods which are known to be most at risk, such as archaeological objects, parts of monuments and ancient manuscripts and books. Importers will have to obtain import licences from the competent authorities in the EU country where the goods are imported, before bringing such goods into the EU. For other categories of cultural goods, importers will have to submit a signed statement or affidavit as proof that the goods have been exported legally from the third country. Customs authorities will also have the power to seize and retain goods when it cannot be demonstrated that the cultural goods in question have been legally exported.
When can the import of a cultural good be deemed illicit? The import of cultural goods into the EU can be considered illicit when those goods have been exported from a non-EU country illegally. It is the laws of the exporting country, be it the source country or an intermediate country which is a UNESCO Convention signatory, which will determine this. However, for cultural goods exported from a third country which is neither the source country nor an intermediate country having signed and ratified the UNESCO Convention, the importer will have to prove that the initial export from the source country was licit.
Cultural goods imported from Iraq or Syria are already considered illegal where there are reasonable grounds to suspect that the goods have been removed without the consent of their legitimate owner or have been removed in breach of national or international law.
Источники:
https://ec.europa.eu/taxation_customs/sites/taxation/files/cultural_goods_proposal_en.pdf
https://ec.europa.eu/taxation_customs/sites/taxation/files/cultural_goods_annex_to_the_proposal_en.pdf
https://ec.europa.eu/taxation_customs/business/customs-controls/cultural-goods_en
