Licence for permanent export
A licence issued by the Federal Government Commissioner for Culture and the Media must be obtained prior to the permanent removal from Germany of objects entered in a register of cultural property of national significance.
Whenever an application for a permanent export licence for an item of cultural property of national significance is submitted, a series of checks are carried out that are similar to the assessments completed before an entry is made in a register.
When a new entry in a register is being considered, the criteria set out in Section 7 of the German Act on the Protection of Cultural Property (Kulturgutschutzgesetz, KGSG) serve as a basis for checks; when an export application is received, however, the arguments in favour of the cultural object remaining in Germany are weighed up against the arguments put forward by the applicant in favour of its export. If, after considering the circumstances of the individual case, overriding significant interests of German cultural heritage are identified, the licence must be refused (Section 23 (2) KGSG). All relevant concerns must be taken into account during this process. As well as any private interests on the part of the owner, other arguments in favour of allowing the export that may be considered include the opportunities for expert preservation of the cultural object in the country of destination, or the importance of fostering relations between the Federal Republic of Germany and the country in question.
Section 23 (3) KGSG grants a legal right to a permanent export licence in cases where (pursuant to Section 13 (2) KGSG) a right to the deletion of an entry for a cultural object has been recognized, i.e. where it has been established with final and binding effect, or in a final agreement between those involved, that the cultural object was taken from its previous owner between 30 January 1933 and 8 May 1945 as a result of persecution by the National Socialists, and it is to be exported from Germany to be returned to its original owners living outside Germany or their legal successors living outside Germany.
If an application for an export licence is refused, a procedure is initiated for the purpose of clarifying whether an option to purchase the cultural object should be granted pursuant to Section 23 (6) to (9) KGSG (further details can be found in the section on Purchase options)