Applying for a permit for the temporary export of national treasures

If you wish to export national cultural property from Germany temporarily or permanently, you must apply for an export license.

You require a permit to export national cultural property from Germany (Sections 22, 25 and 26 of the Cultural Property Protection Act). Cultural goods are, for example, works of art, archaeological objects, archive material, manuscripts or antiques such as furniture, musical instruments or jewelry.

National cultural property is cultural property that

• is entered in a register of nationally valuable cultural property,
• is publicly owned and held by an institution under public law that preserves cultural property (e.g. museum, archive, library),
• is owned and held by an institution preserving cultural property (e.g. museum, archive, library) that is predominantly financed by public grants, or
• is part of a federal or state art collection.

You can apply for permission from the competent authority. A distinction is made between permanent and temporary export. The export is temporary if it takes place for a limited period of no more than 5 years from the outset.

You apply in writing to the competent authority of the federal state for approval of the temporary export of national cultural property,

• in whose register of nationally valuable cultural property the cultural property is entered or
  • if it is not a registered cultural asset, in the federal state in which the cultural asset is located at the time of application.

If you are a legal entity, your head office in Germany is decisive for local jurisdiction.

You can apply in writing to the Federal Government Commissioner for Culture and the Media for approval of the permanent export of national cultural property (Section 23 of the Cultural Property Protection Act).

Note: You can also use a new online procedure in pilot operation to apply for export licenses for cultural property. The online procedure includes an optional preliminary check to determine whether an export license is required in a specific case on the basis of a few questions. In general, you no longer have to select the correct application yourself; it is determined automatically based on the information provided. The pilot operation serves to further test and optimize the procedure. At the same time, the procedure is to be expanded by the end of 2022 so that it will also be possible to issue the permit digitally.

Hessian Ministry of Science and Art, Division IV 3

• Forms available: Yes
• Written form required: Yes
• Informal application possible: No
• Personal appearance necessary: No

A permit for the one-off temporary export of national cultural property (Section 22 of the Cultural Property Protection Act) will be granted if

• you are eligible to apply,
  • as the owner or as an authorized third party or authorized third party
• you have submitted the required documents and
• you as the applicant can guarantee that the cultural property intended for export will be re-imported into Germany in an undamaged condition and on time.

A permit for the repeated temporary export of a specific cultural object (specific open permit, Section 26 of the Cultural Property Protection Act) can be granted to you if

• you are eligible to apply
  • as the owner or direct legal possessor of the cultural property,
• you have submitted the required documents,
• you as the applicant can guarantee that the cultural property intended for export will be re-imported into the Federal Republic of Germany in an undamaged condition and on time.

A permit for the repeated temporary export of national cultural property (general open permit, Section 25 of the Cultural Property Protection Act) can be granted to you if

• you are eligible to apply
  • as an institution preserving cultural property that regularly exports parts of its holdings temporarily for public exhibitions, restoration or research purposes,
• you have submitted the required documents,
• you, as the applicant, can guarantee that the cultural property intended for export will be re-imported into the Federal Republic of Germany in an undamaged condition and on time.

Legal action before the administrative court if the permit is not granted as requested.

To apply online for an export license for national cultural property, you can use a new online service in pilot operation. The online procedure includes an optional preliminary check to determine whether an export license is required based on just a few questions. You no longer have to select the correct application yourself; it is determined automatically based on the information provided. The pilot operation serves to further test and optimize the procedure. At the same time, the procedure is to be expanded by the end of 2022 so that it will also be possible to issue the permit digitally.

The following steps are required to apply in writing for a license to export national cultural property:

• Use the authority finder to find the responsible authority and the form for your federal state: https://www.kulturgutschutz-deutschland.de/DE/Service/Formulare/Behoerdenfinder/behoerdenfinder_node.html
• Download the correct PDF form: Export license according to § 22, § 25 or § 26 of the Cultural Property Protection Act for export to third countries or for export to member states of the European Union.
• Fill out the PDF form on your PC.
• Print out the documents:
  • Export license according to § 22 Cultural Property Protection Act: in triplicate (export to third countries) or in duplicate (export to member states of the European Union),
  • Export licenses in accordance with § 25 and § 26 of the Cultural Property Protection Act, each in duplicate (please note: the forms for exports to third countries already contain all copies).
• Sign each copy in the spaces provided, stamp them if necessary and attach the necessary supporting documents to each copy.
• Send the documents to the competent authority.
• The authority will check your application and return the documents to you completed, signed and sealed, together with a fee notice if applicable.
  • In the case of Section 22 of the Cultural Property Protection Act (export to third countries), you will receive two copies and
  • in the cases of § 22 of the Cultural Property Protection Act (export to member states of the European Union), § 25 and § 26 of the Cultural Property Protection Act, you will each receive one copy.
• Copy 1 is the application and remains with the authority. Copy 2 will be returned to you (for exports to third countries in accordance with Section 22 of the Cultural Property Protection Act: Copies 2 and 3 will be returned to you). When exporting to a third country in accordance with Section 22 of the Cultural Property Protection Act, you must submit copies 2 and 3 to the responsible German export customs office with the export declaration. The customs office of export completes box 26 and hands over copy 2 to you. After the actual export, the German customs office of export confirms this in box 27 and returns copy 3 to the authority that issued the license.

If the application for an export license is rejected, you will receive a written notification with reasons and information on legal remedies.

For permits pursuant to § 25 and § 26 of the Cultural Property Protection Act, the period of validity is up to 5 years. For The following applies to licenses under § 25 and § 26 of the Cultural Property Protection Act: (temporary) export is possible until the last day of the period of validity, re-import must take place within 5 years. The re-import period (up to 5 years) for the one-off temporary export of national cultural property in accordance with Section 22 of the Cultural Property Protection Act is determined by the authorities according to the purpose of the export.

The processing time depends on the completeness of the application documents submitted and the complexity of the application. The permit must be applied for in good time before the planned export of the cultural property.

Fee free of charge

A license obtained by threat, bribery or collusion or obtained by false or incomplete information in accordance with § 22 paragraph 1 of the Cultural Property Protection Act is null and void in accordance with § 22 paragraph 5 of the Cultural Property Protection Act. This applies mutatis mutandis to licenses pursuant to Section 24(1)(1) and (2) of the Cultural Property Protection Act (Section 24(9) of the Cultural Property Protection Act).