(2) A cultural object which has been temporarily exported from the territory of the requesting State, for purposes such as exhibition, research or restoration, under a permit issued according to its law regulating its export for the purpose of protecting its cultural heritage and not returned in accordance with the terms of that permit shall be deemed to have been illegally exported.
(2) In determining whether the possessor knew or ought reasonably to have known that the cultural object had been illegally exported, regard shall be had to the circumstances of the acquisition, including the absence of an export certificate required under the law of the requesting State.
Each Contracting State shall, no later than six months following the date of deposit of its instrument of ratification, acceptance, approval or accession, provide the depositary with written information in one of the official languages of the Convention concerning the legislation regulating the export of its cultural objects. This information shall be updated from time to time as appropriate.
Institute de Droit International
Wiesbaden Resolution on the Application of Foreign Public Law (1975)
European Union
Council Regulation (EC) No 116/2009 of 18 December 2008 on the export of cultural goods
Canada
Cultural Property Export and Import Act (R.S.C., 1985, c. C-51)
Belgium
France
Germany
Part 2 – Export (Sections 21-27), Act on the Protection of Cultural Property (31 July 2016)
DAS NEUE KULTURGUTSCHUTZGESETZ HANDREICHUNG FÜR DIE PRAXIS
The Netherlands
Import of cultural property into the Netherlands
Import and Export of Cultural Objects Brochure
Still today, courts rarely apply automatically export laws promulgated by foreign States. This stems from the public-law character of the measure adopted; foreign domestic courts are reluctant in applying a public law of another foreign State. The application of another sovereign’s public law runs counter to the sovereignty of their own nation.
However, recent European and national initiatives are evidence of increased awareness and attention in this regard.
Institute de Droit International
Wiesbaden Resolution on the Application of Foreign Public Law (1975)
European Union
European proposal to fight illicit trade in cultural goods (July 13, 2017)
“Security Union: Cracking down on the illegal import of cultural goods used to finance terrorism”
European Commission – Press release
Canada
Cultural Property Export and Import Act (R.S.C., 1985, c. C-51)
France
Germany
Part 3 – Import (Sections 28-30), Act on the Protection of Cultural Property (31 July 2016)
DAS NEUE KULTURGUTSCHUTZGESETZ HANDREICHUNG FÜR DIE PRAXIS
The Netherlands