Import, export, transit of cultural values to/from Ukraine

The legal relations connected with cultural values in Ukraine, regulate the following regulatory legal acts:
• The law of Ukraine "On legislation of Ukraine about culture" from 14.02.1992 N 2117-XII;
• The law of Ukraine "On export, import and return of cultural values" from September, 21st, 1999 N 1068-XIV.

Cultural values - objects of material and spiritual culture which have art, historical, ethnographic and scientific value and are subject to preservation, reproduction and protection according to the legislation of Ukraine, namely:
• Original works of art of painting, drawing and sculpture, art compositions and installation from any materials, products of an arts and crafts and traditional folk art;
• The subjects connected with historical events, society and state development, history, science and culture, and also with concern a life and activity of outstanding figures of the state, political parties, the public and religious organisations, cultures and arts;
• The subjects found during archeological excavations;
• Components and fragments of architectural, historical, art monuments and monuments of monumental art;
• Ancient books and other editions which represent historical, art, scientific and literary value, separately or in a collection;
• Manuscripts, archival documents, including cinema - a photo-and phonodocuments, separately or in a collection;
• Unique and rare musical instruments;
• Various types of weapon which has art, historical, ethnographic and scientific value; • Rare stamps, other philatelic materials, separately or in a collection;
• Rare coins, awards, medals, the press and other subjects of a collecting;
• Zoological collections which represent scientific, cultural-educational, teaching and educational or aesthetic value;
• Rare collections and samples of flora and fauna, mineralogy, anatomy and paleontology;
• Family values - cultural values which have character of personal or family subjects.

According to the legislation of Ukraine cultural values of Ukraine are:
• The cultural values created in territory of Ukraine by citizens of Ukraine;
• Cultural values, are created in territory of Ukraine by foreigners or persons without citizenship which constantly live or lived in territory of Ukraine;
• The cultural values revealed in territory of Ukraine;
• Imported on territory of Ukraine the cultural values got archaeological, ethnographic, scientifical and other origin;
• Imported on territory of Ukraine the cultural values received in a gift or lawfully got at the consent of corresponding bodies of country of origin of these values;
• Illegally taken out cultural values of Ukraine which stay outside of its territory;
• Cultural values, are evacuated from territory of Ukraine during wars and confrontations and not returned back;
• Cultural values, are taken temporarily out from territory of Ukraine and not returned to Ukraine;
• The cultural values moved on territory of Ukraine owing to the Second World War as partial indemnification for losses put by invaders.


The cultural values which are subject to return to Ukraine and from territory of Ukraine

To return to Ukraine are subject:
• The cultural values which have been illegally taken out from territory of Ukraine;
• Cultural values, are evacuated from territory of Ukraine during wars and confrontations and not returned back;
• Cultural values taken temporarily out from territory of Ukraine and not returned to Ukraine.

Cultural values which stay outside Ukraine on the lawful bases, can be returned by the conclusion of the contract of purchase and sale with the owner of cultural values, their exchange on mutually advantageous conditions or reception in a gift.

Cultural values which on the lawful bases stay in the property of physical or legal bodies of Ukraine, but origin of which connected with history and culture of other states, can be returned in these states by the conclusion of the contract of purchase and sale with the owner of cultural values, an exchange on mutually advantageous conditions or reception in a gift.


The state control over export and import of cultural values

The special state body which control export, import and return of cultural values is Public service of the control over moving of cultural values through frontier of Ukraine at the Ministry of culture and arts of Ukraine (further - Control Public Service). Public service of the control carries out the tasks assigned to it and interactions with the Main archival management of Ukraine, the National commission concerning return to Ukraine of cultural values, the State customs service of Ukraine, law enforcement bodies.

For coordination of work of the ministries and other central enforcement authorities concerning management and control of export, import and return of cultural values the Interdepartmental council concerning export, import and return of cultural values is created. Structure of Interdepartmental council concerning export, import and return of cultural values and position it affirmed by the Cabinet of Ministers of Ukraine.

Public service of the control within its competence:
• Provides state expert appraisal of the cultural values shown to export (temporary export), and at return after temporary export;
• Considers the petition of owners of cultural values or the persons authorised by them;
• Takes decision on export possibility (temporary export) of cultural values;
• Grants certificates on the export right (temporary export) of cultural values;
• Carries out registration of (temporarily imported) cultural values;
• Makes lists of cultural values which are taken out (are temporarily taken out), and establishes a mode of temporary export;
• Informs the public in Ukraine and behind its limits on the facts of loss or theft of cultural values;
• Carries out necessary actions for return of the stolen, illegally taken out and evacuated and not returned cultural values;
• Develops and carries out the actions directed on performance of the international obligations of Ukraine concerning prevention of illegal export, import and return of cultural values.

Control public service has the right:
• To involve experts of enforcement authorities, the enterprises, establishments and the organisations (in coordination with their heads) for consideration of questions which belong to its competence;
• To involve scientists, experts, experts for studying of problems of export, import and return of cultural values;
• To carry out the control and checks on questions which belong to its competence;
• To receive when due hereunder from enforcement authorities, local governments, the enterprises, establishments and the organisations the information necessary for performance of tasks assigned to it;
• To call meetings of experts on questions which belong to its competence, etc.

In the cases established by the legislation, the decision of Public service of the control is of obligatory enforcement for local governments, establishments, the organisations and citizens.


State expert appraisal of cultural values

Subject to export (temporary export) and the cultural values returned after temporary export are subject to obligatory state expert appraisal. The order of carrying out of state expert appraisal of cultural values is affirmed by the Cabinet of Ministers of Ukraine.

Refusal of the physical or legal person which has breached petition for export (temporary export) of cultural values to show on state expert appraisal of cultural values given to export, is considered as refusal of the applicant of their export.

In case the result of state expert appraisal gives the bases for entering of the cultural value to export in the State register of national cultural acquisition, examination materials are transferred to corresponding central enforcement authority irrespective of the consent of the person which has breached the petition.


The certificate on the export right (temporary export) of cultural values

Control public service under the petition of the owner of cultural values or the person authorised by it makes on the basis of a conclusion of state expert appraisal the decision on possibility or impossibility of export of cultural values. The owner of cultural values or the person authorised by it in writing informs on the accepted decision in a month from day of official receipt of the petition.

In case of acceptance by Public service of the control of the decision on export possibility (temporary export) cultural values to the owner of cultural values or the person authorised by it the certificate of the established sample on the export right (temporary export) cultural values is granted. The sample of the certificate on the export right (temporary export) cultural values affirms the Cabinet of Ministers of Ukraine.

The certificate on the export right (temporary export) cultural values is the basis for moving of the cultural values specified in it for limits of customs territory of Ukraine. Export of cultural values without this certificate is forbidden.

It is forbidden to export from Ukraine:
• Cultural values in the State register of national cultural acquisition;
• The cultural values included in National archival fund;
• The cultural values included in Museum fund of Ukraine.


Order of provision of the right to export of cultural values

The petition for the right to export of cultural values is shown not later than a month for date of their export by the owner or the person authorised by it in control Public service.

To the petition are added:
• The document which confirms the property right to cultural values;
• The state expert appraisal conclusion.

In case of moving of citizens on a constant residence in other states they are authorised to take out personal belongings on which there are medal books or award certificates. Export by citizens which move to a constant residence in other state, awards which remained from the died parents, is possible under condition of a presentation of documents which confirm moving of citizens on a constant residence in other state, certificates on death, medal books or award certificates and the documents, confirming family relations.

The order of export of the cultural values covers also persons with diplomatic immunity. The personal luggage of the specified persons can be submitted to customs inspection according to the customs legislation of Ukraine and the international contracts of Ukraine.


Import of cultural values to Ukraine

Cultural values which are imported into Ukraine are subject to registration in order established by the Ministry of culture and arts of Ukraine, the Main archival management of Ukraine together with the State customs service of Ukraine. During import of cultural values on territory of Ukraine the certificate on the right of export, if it is provided by the state legislation, is shown to customs body. In the absence of such certificate the imported values are subject to detention by customs bodies of Ukraine to an establishment of their owner and reception of its commission concerning the further moving or use of these values. Such commission should be confirmed by diplomatic or consular establishment of the country which citizen is the owner of cultural values.

Import of cultural values concerning which search is declared, is forbidden. Such cultural values are subject to withdrawal by customs bodies of Ukraine for the purpose of their return when due hereunder to the owner.


Temporary export of cultural values

Temporary export of cultural values can be carried out by physical and legal bodies:
• For the organisation of exhibitions;
• For carrying out of restoration works and scientific research;
• In connection with theatrical, concert and other artistic activity;
• In other cases provided by the legislation of Ukraine.

Cultural values, are taken temporarily out from Ukraine and not returned in the term caused by the agreement, are considered illegally exported.

The petition for the permission to temporary export of cultural values is shown by the owner or the person authorised by it in control Public service.

To the petition are added:
• Certified copy of the agreement with a receiving party about the purpose, a guarantee of reliable storage and return of cultural values to the term caused by the agreement;
• The document on insurance of cultural values which are temporarily taken out, with maintenance of all cases of insurance risk or the document on the state guarantees of a financial covering of any risk, published by the country which accepts cultural values;
• The document which confirms the property right to cultural values;
• The state expert appraisal conclusion.

Cultural values which are temporarily imported into Ukraine are subject to registration in an order established by Public service of the control together with the State customs service of Ukraine.


Refusal in certificate delivery on the right of temporary export of cultural values

The certificate on the right of temporary export of cultural values cannot be issued, if:
• There are no guarantees concerning maintenance of reliable storage and return of cultural values to the term of the agreement;
• The cultural values shown for temporary export in such kind that it is impossible to change conditions of their storage;
• Cultural values are a subject of dispute concerning the property right to them;
• Insurance cost of the cultural values shown for temporary export, does not meet their real cost;
• Cultural values, are shown for temporary export, are in search;
• In the state from which is provided to carry out temporary export of cultural values, there was an act of nature, confrontations, state of emergency is entered or there are other circumstances which interfere with maintenance of reliable storage and return of cultural values which are temporarily taken out to this state.

Conditions of the agreement concerning temporary export of cultural values cannot be changed after certificate delivery to the right of temporary export of cultural values.


Transit of cultural values

Transit of cultural values through territory of Ukraine is regulated by the customs legislation and the international contracts of Ukraine.


Order of use of the withdrawn or confiscated cultural values

The cultural values withdrawn by customs or law enforcement bodies, and also are confiscated under the court decision, transferred to the Ministry of culture and arts of Ukraine, the Main archival management of Ukraine, which provide their storage, examination and the information on them for the purpose of specification of the property right to them.

After an establishment of the property right to the specified cultural values they are transferred when due hereunder to their lawful owner or the person authorised by it.

Expenses for storage and examination of cultural values are compensated by the owner if another is not provided by the legislation of Ukraine or the court judgement.

If the withdrawn or confiscated cultural values are returned according to the law in the state budget, Interdepartmental council concerning export, import and return of cultural values solves a question about free to transfer of these cultural values for storage in the state museum, library and archival funds or to the religious organisations.

In order to avoid acquisition illegally taken out from other states stolen or unfairly got cultural values physical and legal bodies irrespective of ownership, which wish to get the property right to cultural values, are obliged to use necessary actions for reception of the information on an origin of these cultural values.