Cultural Heritage Protection Legislation Enforcement

(Rosohrankultura)

The information on rules of export of cultural values from territory of the Russian Federation

According to the current legislation of the Russian Federation in sphere of the state control for export and import of cultural valuables, the export of cultural valuables is carried out on the basis of the permissive document which is made out by Federal Supervisory Service for Mass Communication and Cultural Heritage Protection Legislation Enforcement (Rosohrankultura).

For obtaining such a permit it is necessary for the owner or authorized representative of a cultural value to apply to Rosohrankultura (its territorial departments) and to submit the corresponding application with the following enclosed documents:

a) the list with the description of cultural values at quantity of items more than two;

b) 3 color photos of each cultural value the size of which should be no less than 8x12 cm (At export of the archival documents, printed editions, philately, numismatics, bonistics and faleristics items the representation of photos is not required);

c) The certified copies of documents confirming the rights of ownership of cultural values declared to export;

d) The documents confirming cost of cultural values;

e) Copies of the identification document or Copies of the documents confirming the fact of registration of the Organization in order, established by legislation of the Russian Federation

The items declared to export are subject to obligatory state expert appraisal made on a paid basis in accordance with the order established by the Government of the Russian Federation “on export and import of cultural values” of 27.04.2001.

Rosohrankultura makes a decision on reference of the declared subjects to cultural values, being guided by the List of the cultural values falling under action the law, the approved order of the ministry

In case of the decision on impossibility of export from territory of the Russian Federation of the declared cultural values, this decision is brought to applicant’s notice in written form in ten-day term.

The following objects can be recognized as cultural values by results of examination:

Objects of art, devotional articles, printed editions, manuscripts, archives, subjects of philately, philumeny, deltiology, numismatics, bonistics, articles of uniform, artistic and historical weapon, technical subjects, equipment, mechanical facilities, ancient awards and medals (except for the State awards), subjects of paleontology and the mineralogy, objects of science interest, and also rare and unique musical instruments.

Export of cultural valuables from territory of the Russian Federation is carried out on the basis of the export certificate for cultural objects of the territory of the Russian Federation in the form approved by the governmental regulation, 27 April 2001, No.322.

The objects created less than 50 years ago, as well as the household stuff irrespective of time of their creation, can be recognized as the objects of cultural interest. For export of these objects the information of standard pattern is made out.

(The order of the Ministry of Culture of the Russian Federation, 07 August 2001, No.844).

For export of the printed goods, stamps, subjects of children's creative work, techniques, souvenirs, coins, the securities, created less than 50 years ago, registration of the allowing documentation it is not required.

The following cultural objects are not a subject to export from the territory of the Russian Federation:

movable objects of historical, artistic, scientific or other cultural value that are claimed as particularly valuable objects of cultural heritage of the nations of the Russian Federation by the law currently in force, regardless of the time of their creation;

movable objects regardless of the time of their creation time, that are protected by the State and entered in security lists and registers in accordance with the legislation system of the Russian Federation;

cultural valuables permanently stored at the State and municipal museums, archives, libraries, other state depositories of cultural values of the Russian Federation. In accordance to the decision of the authorized State bodies the given right can be applied to other museums, archives, libraries;

cultural valuables created more 100 years ago.

(The article 9 of the law of the Russian Federation "on export and import of cultural values", 14 April 1993, No. 4804-1)

For the right of export of cultural values the State Duty is raised:

The tax code of the Russian Federation in edition of the federal law, 02 November, 2004, No.127-ФЗ (the first paragraph of article 333.3, 333.34, 333.35)

cultural values created more 50 years ago - 10 percent from their cost;

cultural values created less 50 years ago - 5 percent from their cost;

paleontology collectibles - 10 percent from their cost;

mineralogy collectibles - 5 percent from their cost.

The calculation of a State Duty for the right to export cultural values (temporary export) is provided by the real market price of the cultural value, which is stated by the person who is applying for its export. In case when the Body of the Government that gives the license to export the cultural values estimates a different value of the commodity, the higher value is taken as a basis of the calculation.

The state duty is calculated by taking into account the total cost of all cultural objects that are exported simultaneously by the same person.

From payment of the state duty are released:

physical persons – the authors of cultural values;

officials of consular office or diplomatic representatives, and also the members of their families living together with them who are not the citizens of a host country;

(The article 34 of the Vienna Convention on Diplomatic Relations, 18 April, 1963)

(The article 49 of the Vienna Convention on Diplomatic Relations, 24 April, 1963)

The state duty is not paid for:

the export of the cultural values which have been obtained on demand from another's illegal possession and returned to the proprietor.

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