Republic of Latvia Cabinet Regulation No. 846 Adopted 20 December 2016

Regulations Regarding Exportation of Cultural Monuments, Including State-owned Antiquities, Art and Antique Articles from Latvia and Importation Thereof into Latvia

Issued pursuant to
Section 4, Paragraph one and Section 18.¹,
Paragraphs one and two of the law On Protection of Cultural Monuments

I. General Provisions

1. This Regulation prescribes:

1.1. the procedures for temporary exportation of cultural monuments, including State-owned antiquities, art and antique articles (hereinafter - the cultural objects) from Latvia or exportation thereof from Latvia and importation thereof into Latvia;

1.2. the categories of the cultural objects for whose exportation from Latvia a permit from the State Inspection for Heritage Protection is necessary.

2. Within the meaning of this Regulation, the exportation of the cultural objects in respect of art and antique articles is complete exportation or temporary exportation of the cultural objects, but in respect of State-owned cultural monuments and antiquities - temporary exportation.

3. Within the meaning of this Regulation, the collection of the cultural objects is an aggregate of art and antique articles selected based on common principles provided that a list of the collection (a scientific cultural and historical assessment of the collection drawn up by a specialist of the relevant field) and registration of the objects with identifiable marks of distinctions and similarities, date and assessment of the preservation level have been drawn up.

4. In order to protect the national cultural values and to prevent the exportation of the cultural objects (also dispatch by post) which in the databases available to the State Inspection for Heritage Protection (hereinafter - the Inspection) are identifiable as the objects which are being searched for and are missing, the Inspection shall take a decision to export the cultural objects by issuing a permit of a specific sample (hereinafter - the permit).

5. The permit is required for the exportation of cultural monuments and the cultural objects which comply with the categories of the cultural objects referred to in Annex 1 to this Regulation.

6. The requirement referred to in Paragraph 5 of this Regulation shall not be applicable in the following cases:

6.1. an accredited museum temporarily exports from Latvia the collections or separate objects of the collection thereof pursuant to the procedures laid down in the laws and regulations governing the work of museums;

6.2. a record included in the national documentary heritage is temporarily exported from Latvia pursuant to the procedures laid down in the laws and regulations governing the work of archives.

II. Procedures for Issuing the Permit

7. In order to receive the permit, a natural or legal person or an authorised person thereof (hereinafter - the submitter) shall fill in an application in the Inspection for the purpose of obtaining the permit for the exportation of the cultural object (hereinafter - the application) (Annex 2) and shall present the cultural object intended for the exportation. If the submitter is an authorised person, he or she shall present a power of attorney in the Inspection. The data indicated in the abovementioned application shall be included by the Inspection in the first copy of the permit - submission (Annex 3).

8. If it is planned to export a collection of the cultural objects, the submitter together with the application shall submit to the Inspection a description of the collection drawn up in compliance with Paragraph 3 of this Regulation by appending thereto colour photographs of all cultural objects included in the collection (not older than one year, each object is clearly visible and identifiable). The number of photographs shall be determined in compliance with the number of permit copies (Paragraphs 20 and 21 of this Regulation). The minimum size of the photograph shall be 8 x 12 cm, whereas the maximum size - 10 x 15 cm.

9. If it is planned to export a large-size cultural object, the Inspection has the right to conduct a survey of the cultural object at the location thereof.

10. A separate permit shall be issued for the exportation of each cultural object (this requirement is not applicable to the cultural objects which are to be exported at the same time and the origin of which the Inspection has recognised as complying with the characteristics of the collection of the cultural objects (Paragraph 3 of this Regulation)). Within 15 days after the research of the presented cultural object (except for the cases referred to in Paragraphs 13 and 14 of this Regulation), the Inspection shall take a decision to issue the permit for the exportation of the cultural object or to refuse to issue the permit for the exportation of the cultural object.

11. The Inspection shall take a decision to prohibit to issue the permit for the exportation of the cultural object if it is established that:

11.1. all necessary information regarding the exportation of the cultural object has not been submitted to the Inspection (documents indicated in Annex 2 to this Regulation);

11.2. the cultural object is identifiable in the databases available to the Inspection as an object which is being searched for or missing.

12. The Inspection shall refuse to issue the permit for complete exportation of the cultural object and shall issue the permit for temporary exportation of the cultural object if it is established that as the result of an additional expert-examination such object has been recognised as a newly-discovered cultural monument and is subject to inclusion in the list of State protected cultural monuments. The term for re-importation of the newly-discovered cultural monument into Latvia cannot exceed a period of six months.

13. If it is necessary to perform an expert-examination of the presented cultural object or to clarify the rights of ownership thereof, the Inspection has the right to seize the cultural object in the Inspection longer than for a period of 15 days, but not longer than until the day on which the decision is taken. For the purpose of clarifying the rights of ownership, the submitter shall present the title deed. If the Inspection by using the databases available to it establishes that the presented object is being searched for or is missing, the Inspection shall notify the State Police thereon.

14. The Inspection has the right to request that other competent institutions (taking into account the category of the submitted cultural object) or sector specialists to provide an opinion for additional evaluation of the cultural object subject to the exportation. The opinion shall have recommendatory nature if the opinion contains a note stating that the exportation of the relevant object and issuing of the permit are determined by another legislative measure. All expenses incurred to the relevant institution and related to the preparation of an opinion shall be covered by the submitter.

15. If an additional expert-examination is required, the Inspection may convene an expert council. The composition of the expert council and the by-laws shall be approved by the head of the Inspection.

16. If it is necessary to export the cultural object for the purpose of displaying it in a foreign state or due to any other reason (for example, restoration, expert-examination, training programme), the Inspection shall take a decision to temporary export the cultural object. Within the meaning of this Regulation, temporary exportation of the cultural object is the exportation thereof for a certain period of time and importation into Latvia in full extent and in a well-preserved condition at a time laid down by the Inspection. Re-importation term must not exceed a period of three years.

17. If musical instruments comply with categories A8 and B9 referred to in Annex 1 to this Regulation, temporary exportation thereof for professional needs of the orchestra and performers shall be attested by documentation on the origin of instruments drawn up by the administration or performer of the relevant establishment, presented in a customs authority without exportation documents issued by the Inspection (the permit or statement).

18. The period of validity of the permit shall be one year from the issuing date thereof. If the period of validity has expired, but it has not been used, the Inspection may issue the permit repeatedly.

19. The permit shall be issued after the submitter has paid the State duty for issuing the permit for the exportation of the cultural objects or temporary exportation thereof from Latvia.

20. The Inspection shall issue two copies of the permit for the exportation of the cultural object from Latvia within the area of the European Union (Annex 3):

20.1. the first copy of the permit - submission to the Inspection on the exportation of the cultural object - shall be kept by the Inspection;

20.2. the other copy of the permit shall be kept by the submitter and shall present upon request of responsible officials.

21. The Inspection shall issue three copies of the permit for the exportation of the cultural object from Latvia outside the area of the European Union (Annex 3):

21.1. the first copy of the permit - submission to the Inspection on the exportation of the cultural object - shall be kept by the Inspection;

21.2. the second copy of the permit shall be kept by the submitter and shall present to the customs authority. The customs authority shall make the relevant indications therein;

21.3. the third copy of the permit shall be handed to the submitter for the purpose of submitting it to the customs authority. The customs authority shall make the relevant indications therein and shall send it to the Inspection within 15 days.

22. The exportation of the cultural objects from Latvia outside the area of the European Union includes the arrangement of customs formalities in the customs authority. Taking into account the abovementioned, the cultural objects may be exported only through the external border crossing sites with customs control points. The customs authority, upon reviewing all permit copies, shall make sure that the information specified in the customs declaration complies with the information indicated in the permit.

23. The submitter is entitled to contest the decision taken by the Inspection to prohibit the exportation of the presented cultural objects in the Ministry of Culture.

24. In order to facilitate the exportation of such cultural object which is not a cultural monument and does not comply with the categories referred to in Annex 1 to this Regulation, the Inspection, upon wish of the submitter, may issue the relevant statement for the purpose of presenting it in the customs authority. The period of validity of the statement shall be one year from the issuing date thereof.

III. Importation of the Cultural Objects into Latvia

25. When importing the cultural object for which temporary importation is intended into Latvia from countries other than the European Union Member States, the owner (possessor) thereof is obliged to declare the object in the customs authority of Latvia. If the cultural object for which temporary importation is intended into Latvia is not presented in the customs authority, it shall be regarded that the person has purchased the relevant cultural object in Latvia and the procedures for the exportation of the cultural objects laid down in this Regulation shall be applied to the exportation thereof.

26. If the person, when importing the cultural object from the European Union into Latvia for the exportation of which form Latvia the permit is required in compliance with this Regulation, can present the documents attesting the rights of ownership or purchase outside Latvia (for example, the purchase contract of the cultural object, purchase invoice, the permit for the exportation of the cultural object from another European Union Member State), this Regulation shall not be applicable to the exportation of the relevant cultural object.

27. The owner (possessor) of the cultural object for which temporary exportation is intended shall notify the Inspection in written form within 15 days after importation thereof into Latvia.

28. The cultural monument subject to temporary exportation shall be registered by the owner (possessor) thereof in the Inspection within 15 days after importation thereof into Latvia by confirming in written form that the imported cultural monument is the same cultural monument to which temporary exportation is applied. In the event of any doubt, the Inspection has the right to request the owner (possessor) of the cultural monument to present the re-imported cultural monument.

IV. Closing Provisions

29. Cabinet Regulation No. 8 of 7 January 2003, Exportation of Works of Art and Antiques from Latvia and Importation into Latvia, is repealed (Latvijas Vēstnesis, 2003, No. 5; 2009, No. 204; 2013, No. 203).

30. This Regulation shall come into force on 1 January 2017.

Prime Minister Māris Kučinskis

Acting for the Minister for Culture -
Minister for Justice Dzintars Rasnačs

 

Annex 1
Cabinet Regulation No. 846
20 December 2016

Categories of the Cultural Objects

Category	Cultural objects
A	Cultural objects for whose exportation a permit is necessary irrespective of the place of origin thereof
A1.	Archaeological objects dating back to the 17th century (inclusive) which are obtained: 1) in excavations or finds beneath land, on land or under water 2) in archaeological sites 3) from archaeological collections
A2.	More than 100 years old fragments of the cultural object which form an integral part of an artistic, historical or religious monument
A3.	Incunabula and more than 100 years old manuscripts, including geographical maps and musical scores (singly or in collections)
A4.	Archives of various kinds which contain more than 100 years old copies (regardless of the material)
A5.	More than 100 years old books (singly or in collections)
A6.	More than 75 years old means of transport
A7.	Collections of historical, palaeontological, ethnographic or numismatic value
A8.	More than 100 years old art and antique articles
B	Cultural objects for whose exportation a permit is necessary if the place of origin thereof is related to the territory of Latvia*
B1.	Paintings and drawings executed by hand on any material and in any technique
B2.	Original engravings, prints, serigraphs and lithographs with their respective plates and original posters
B3.	Original sculptures or statuary (including their copies produced by the same process as the original)
B4.	Photographs, films and negatives thereof
B5.	Glassware
B6.	Articles of goldsmiths' or silversmiths' wares
B7.	Furniture
B8.	Optical devices and apparatuses, photographic and cinematographic apparatuses and devices
B9.	Music instruments
B10.	Clocks and parts thereof
B11.	Articles of wood
B12.	Ceramics
B13.	Tapestries, carpets, textiles
B14.	Wallpaper
B15.	Arms

Note. * Cultural objects which are 50 up to 100 years old that have been created by persons and production units mentioned in arts and cultural records of Latvia and that do not belong to their authors and originators.

Acting for the Minister for Culture -
Minister for Justice Dzintars Rasnačs

 

Annex 2
Cabinet Regulation No. 846
20 December 2016

Application Form
for Obtaining the Permit for the Exportation of the Cultural Object

Registration No. __________ Submission date ____________ Received by ______________

Valsts kultūras pieminekļu aizsardzības inspekcija	State Inspection for Heritage Protection Republic of Latvia
Pieteikums kultūras priekšmeta(-u) izvešanas atļaujas saņemšanai	APPLICATION for export license of the cultural object(s)

1. Iesniedzējs/Priekšmeta(-u) īpašnieks / Applicant/Owner of the object(s)

Vārds, uzvārds/juridiskai personai - nosaukums

Name, surname/legal entity - name

Personas kods vai pases numurs/juridiskai personai - reģistrācijas numurs

Personal code or passport number/legal entity - registration number

Adrese / Address

2. Iesniedzēja pārstāvis / Applicant's representative

Vārds, uzvārds

Name, surname

Personas kods vai pases numurs

Personal code or passport number

Adrese / Address

3. Saņēmējs (adrese un galamērķa valsts) / Recipient (address and country of destination)

Vārds, uzvārds/juridiskai personai - nosaukums

Name, surname/legal entity - name

Adrese / Address

Valsts / Country

4. Kultūras priekšmeta(-u) izvešanas termiņš / Term of export of the cultural object(s)
	Pilnīga izvešana / Definitive
	Izvešana uz laiku; lūdzu, norādiet / Temporary; please specify
	Laikposms / Time period

5. Izvešanas nolūks / Purpose of export of the cultural object
	Privātīpašums / Private property		Izstāde / Exhibition
	Dāvana / Gift		Ekspertīze un atribūcija / Expertise
	Realizācija / Sale		Nogāde pēc piederības / Delivery to owner
	Cits / Other lūdzu, norādiet / please specify

6. Kultūras priekšmetu skaits / Number of cultural objects Skaits / Number

Iesniegumam jāpievieno kultūras priekšmeta(-u) apraksts (pielikums) / Description of cultural object(s) has to be attached (Annex)

7. Papildus iesniegtie dokumenti (pilnvara, īpašumtiesības vai mantojuma tiesības apliecinošs dokuments, ekspertīzes slēdziens u. tml.) / Additional documents (authorization, title-deed, expertise etc.):

Skaits dokumenti uz Skaits lapām / Number of documents on number of pages

Pilnvara noteikti nepieciešama iesniedzēja pārstāvim / Written authorization is required for Applicant's representative

8. Iesniedzējs vai iesniedzēja pārstāvis / Applicant or applicant's representative
Vieta un datums / Place and date	Vārds, uzvārds, paraksts, e-pasta adrese / Name, surname, signature, email address

Aizpilda izdevējiestāde / For completion by issuing authority

Eksperta lēmums / Decision of expert
	Izsniegta izziņa Nr. / Reference No. issued
	Izsniegta atļauja Nr. / Permission No. issued
	Ekspertu padomes sasaukšana / Convocation of Council of Experts

Datums / Date		Eksperta paraksts / Signature of expert

Izdevējiestāde: Valsts kultūras pieminekļu aizsardzības inspekcija, Mazā Pils iela 19, Rīga, Latvija, LV-1050, www.mantojums.lv

Issuing authority: State Inspection for Heritage Protection, Mazā Pils iela 19, Riga, LV-1050, Latvia, www.mantojums.lv

 

Valsts kultūras pieminekļu aizsardzības inspekcija	State Inspection for Heritage Protection Republic of Latvia
Pielikums kultūras priekšmeta(-u) izvešanas atļaujas saņemšanas pieteikumam	Annex to application for export license of the cultural object(s)

Kultūras priekšmeta(-u) apraksts
Description of cultural object(s)

Nr. / No.	Kultūras priekšmeta veids vai/un nosaukums / Type or/and title of cultural object	Kultūras priekšmeta vizuālais apraksts / Description of cultural object	Kultūras priekšmeta autors vai darbnīca un izgatavošanas vieta / Author, artist or workshop and place of production	Kultūras priekšmeta materiāls (-i) un tehnika(-as) / Material(s) and technique(s)	Kultūras priekšmeta izmēri / Measurements	Masa (dārgmetāliem)/ Weight (for precious metals)	Kultūras priekšmeta datējums / Dating	Novērtējuma summa / Estimate price	Citas raksturīgas pazīmes (uzraksti, zīmes, redzami pārveidojumi, īpatnības) / Other characteristics (inscriptions, marks, visible modifications etc.)	Kultūras priekšmeta fotogrāfija (jā/nē) / Photo (yes/no)
1	2	3	4	5	6	7	8	9	10	11

Acting for the Minister for Culture -
Minister for Justice Dzintars Rasnačs

 

Annex 3
Cabinet Regulation No. 846
20 December 2016

Sample of a Permit Form

Permit for the Exportation of the Cultural Objects from the Republic of Latvia
(first copy)

1	1. Submitter	2. Permit* No. Complete exportation ** Re-importation date		Valid until Temporary exportation
Submission for the receipt of the permit
	3. Representative of the submitter	4. Issuing authority
	5.A Country of a consignee or temporary storage	6. Country from which the cultural object is exported
	5.B Consignee
	7. Description (category) of the cultural object for whose exportation from the Republic of Latvia the permit is necessary
1
	8. Description of the cultural object		9. State protection number of the cultural monument
	Continued on additional sheets (additional sheets contain information indicated in boxes 8 to 18)		10. Mass (for precious metals)
	11. Purpose for the exportation of the cultural object/purpose for requesting this permit

* The permit approves the rights of the submitter to export the cultural object from the Republic of Latvia, but shall not be regarded as attestation of authenticity of the relevant cultural object.

** Mark as appropriate with .

Criteria for determination of identification
12. Dimensions	13. Title or theme		14. Date			15. Other characteristics
16. Artist, period or workshop				17. Material or technique
18. Submitted documents, specific features related to the identification of the cultural object
Photograph List		Identification mark Bibliography					Catalogue Value confirmation
19. Submission I hereby request the issue of the permit for the exportation of the specified cultural objects and declare that the information indicated in this submission and accompanying documents is true. Place Date Signature __________________					20. Permit issuing authority Place for seal Place Date Signature ______________________
21. Photograph of the cultural object
22. _____ additional sheets are attached to this form.

Permit for the Exportation of the Cultural Objects from the Republic of Latvia
(Second copy - within the European Union)

2	1. Submitter	2. Permit*
Copy of the submitter for the exportation within the EU		No. Complete exportation ** Re-importation date		Valid until Temporary exportation
	3. Representative of the submitter	4. Issuing authority
	5.A Country of a consignee or temporary storage	6. Country from which the cultural object is exported
	5.B Consignee
	7. Description (category) of the cultural object for whose exportation from the Republic of Latvia the permit is necessary
2
	8. Description of the cultural object		9. State protection number of the cultural monument
	Continued on additional sheets (additional sheets contain information indicated in boxes 8 to 18)		10. Mass (for precious metals)
	11. Purpose for the exportation of the cultural object/purpose for requesting this permit

* The permit approves the rights of the submitter to export the cultural object from the Republic of Latvia, but shall not be regarded as attestation of authenticity of the relevant cultural object.

** Mark as appropriate with .

Identification criteria
12. Dimensions	13. Title or theme		14. Date		15. Other characteristics
16. Artist, period or workshop				17. Material or technique
18. Submitted documents, specific features related to the identification of the cultural object
Photograph List		Identification mark Bibliography				Catalogue Value confirmation
19. Permit issuing authority Place for seal Place Date Signature ______________________
20. Photograph of the cultural object
21. _______ additional sheets are attached to this form.

Permit for the Exportation of the Cultural Objects from the Republic of Latvia
(second copy - for the exportation outside the European Union)

2	1. Submitter	2. Permit*
Copy of the submitter for the exportation outside the EU		No. Complete exportation ** Re-importation date:		Valid until Temporary exportation
	3. Representative of the submitter	4. Issuing authority
	5.A Country of a consignee or temporary storage	6. Country from which the cultural object is exported
	5.B Consignee
	7. Description (category) of the cultural object for whose exportation from the Republic of Latvia the permit is necessary
2
	8. Description of the cultural object		9. State protection number of the cultural monument
	Continued on additional sheets (additional sheets contain information indicated in boxes 8 to 18)		10. Mass (for precious metals)
	11. Purpose for the exportation of the cultural object/purpose for requesting this permit

* The permit approves the rights of the submitter to export the cultural object from the Republic of Latvia, but shall not be regarded as attestation of authenticity of the relevant cultural object.

** Mark as appropriate with .

Identification criteria
12. Dimensions	13. Title or theme			14. Date			15. Other characteristics
16. Artist, period or workshop					17. Material or technique
18. Submitted documents, specific features related to the identification of the cultural object
Photograph List			Identification mark Bibliography					Catalogue Value confirmation
19. Notes of the competent customs authority						20. Permit issuing authority
Customs authority		State
Customs declaration number Date of issue Signature ______________________ Place for seal						Place for seal Place Date Signature ______________________
21. Photograph of the cultural object
22. Customs authority for exportation of the cultural object Place for seal
23. _______ additional sheets are attached to this form.

Permit for the Exportation of the Cultural Objects from the Republic of Latvia
(third copy)

3	1. Submitter	2. Permit*
Copy to be handed over to the customs authority		No. Complete exportation ** Re-importation date		Valid until Temporary exportation
	3. Representative of the submitter	4. Issuing authority
	5.A Country of a consignee or temporary storage	6. Country from which the cultural object is exported
	5.B Consignee
	7. Description (category) of the cultural object for whose exportation from the Republic of Latvia the permit is necessary
3
	8. Description of the cultural object		9. State protection number of the cultural monument
	Continued on additional sheets (additional sheets contain information indicated in boxes 8 to 18)		10. Mass (for precious metals)
	11. Purpose for the exportation of the cultural object/purpose for requesting this permit

* The permit approves the rights of the submitter to export the cultural object from the Republic of Latvia, but shall not be regarded as attestation of authenticity of the relevant cultural object.

** Mark as appropriate with .

Identification criteria
12. Dimensions	13. Title or theme			14. Date			15. Other characteristics
16. Artist, period or workshop					17. Material or technique
18. Submitted documents, specific features related to the identification of the cultural object
Photograph List			Identification mark Bibliography					Catalogue Value confirmation
19. Notes of the competent customs authority						20. Permit issuing authority
Customs authority		State
Customs declaration number Date of issue Signature ______________________ Place for seal						Place for seal Place Date Signature ______________________
21. Photograph of the cultural object
22. Customs authority for exportation of the cultural object Place for seal
23. _______ additional sheets are attached to this form.

Acting for the Minister for Culture -
Minister for Justice Dzintars Rasnačs

 

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Translation © 2017 Valsts valodas centrs (State Language Centre)