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Cultural Goods Import, Export And Transfer-Prohibition

Original Language Title: BIENES CULTURALES IMPORTACION, EXPORTACION Y TRANSFERENCIA - PROHIBICION

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image start infoleg site The Ministry of Justice and Human Rights
CULTURAL GOODS

Act 27522

Provisions.

The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc.

Law:

Article 1-Object. The purpose of this law is to comply with Article 10 of the "Convention on the measures to be taken to prohibit and prevent the import, export and transfer of illicit property of property". Cultural " approved by law 19,943 and in this way generate a regulatory framework for the different actors involved in the marketing of Antiquities, Works of Art and other Cultural Property.

Article 2-Definition. For the purposes of this law, they are considered:

a) Antiquities: all those objects that constitute the expression or the testimony of human creation or joint works of man and nature that have an exceptional historical, artistic, scientific or technical value whose peculiarity, unity and Rarity and an age of existence of the good not less than one hundred (100) years gives them an exceptional value. The goods that refer to history, including the history of the sciences and techniques, the social, political, cultural and military history, as well as the life of the peoples and of the national leaders, thinkers, scientists, artists and artisans. Rare and incunable manuscripts, codices, books, documents and publications of special interest, loose or in collections. Objects of numismatic, philatelic interest. File documents, including collections of texts, maps and other materials, cartographs, photographs, cinematographic films, videos, sound recordings and analogues with an age of not less than thirty (30) years, once met the requirements laid down in Articles 21 and 22 of Law 15,930. Objects of furniture, musical instruments, tapestries, carpets and costumes with an age not less than one hundred (100) years.

b) Works of Art: Goods of artistic interest such as paintings and drawings made on any medium and in all kinds of materials; engravings, prints, lithographs, original screen prints, posters and photographs; art assemblies and assemblies original whatever the material used; productions of statuesque art.

(c) Other cultural goods: all works of man or joint works of man and nature, of an irreplaceable character, whose peculiarity, unity and rarity give them an exceptional universal or national value.

Art. 3 °-Registration. Create the National Register of Antiquities, Works of Art and other Cultural Goods. This Register must be in a digitised system with online access for each of the operations to be performed under this law.

Art. 4 °-Obligation of registration. Natural or legal persons who are engaged in the marketing of the goods described in Article 2 must be registered in the Register created by this law.

Art. 5 °-Requirement for registration. For the purposes of registration, the actors established above must present the following documentation:

(a) the CUIT's constancy of the natural or legal person;

b) Constancy of registration with the Federal Administration of Public Revenue (AFIP);

(c) If he is a natural person, he must present the recidivism certificate issued by the National Registry of Reoffending under the Ministry of Justice and Human Rights of the Nation;

(d) In the case of a legal person, he or the holders must present the recidivism certificate issued by the National Registry of Reoffending under the Ministry of Justice and Human Rights of the Nation.

Article 6-Procedure for registration. In accordance with the requirements of Article 5 of this Law, the implementing authority shall register, by assigning the corresponding registration number.

Art. 7 °-Certificate of Accreditation. Once the registration has been made in the Register, the implementing authority shall issue a certificate which shall be valid for submission to any authority that requires it.

This certification should include:

(a) The data of the holder (s): name, social reason, legal or tax domicile, CUIT and registration number and date as also the date of commencement of activities.

b) The observations made by the National Register of Antiquities, Works of Art and other Cultural Property.

Article 8-Marketing. Each operation of purchase, sale or consignment made by the subjects contained in the article 4 ° of this law shall be declared in the National Register of Antiques, Works of Art and other Cultural Property.

Art. 9 °-Data. For each operation of purchase, sale or consignment of Antiquities, Works of Art and other Cultural Goods, the following data shall be incorporated into the Register:

(a) Constancy of all the buying and receiving operations as a consignment of cultural goods consisting of data from the seller or consignor (DNI or passport or in the case of legal persons, company statutes) and detailed description of the cultural, a descriptive photograph and value of the same.

(b) Constancy of all transactions for the sale or disposal of cultural goods by establishing data of the buyer or recipient of the same (DNI or passport or in the case of legal persons, company statutes) and their value.

(c) For the purposes and purposes of this law, the Merchants of Antiquities, Works of Art and other Cultural Property shall carry out an inventory of all the goods, as defined in Article 2, in their possession at the time of the commencement of the Record that will become part of this same.

Art. 10.-Advertising of the Register. The National Register of Antiquities, Works of Art and other Cultural Property will have a reserved character and will only allow access to the legitimate subjects.

They are legitimate subjects, who shall be determined by the implementing authority, competent public officials by means of a well-founded application and with the levels of access established by the regulation.

Art. 11.-Jurada Declaration. The information provided to the National Register of Antiquities, Works of Art and other Cultural Goods will be in the character of the Jurada Declaration.

The untruth of the information provided shall be sanctioned by the implementing authority, in accordance with the seriousness of the failure and the offender's repeat character, with:

(a) Aperception;

b) Suspension of registration in the Register, from three (3) months to one (1) year; and

c) Cancellation of the registration indicated in the previous paragraph.

The penalties are not exclusive and may be applied concurrently, without prejudice to the application of the civil or criminal sanctions that may be applicable. It shall be deemed to be a repeat incident to which, within five (5) years preceding the date of the commission of the offence, it has been punished for another offence.

Art. 12.-Check. The merchants of Antiquities, Works of Art and other Cultural Property must at the time of acquiring or receiving in consignment cultural goods check with due diligence the lawful origin of the same, including the consultation of any registration of stolen cultural objects or other relevant documentation.

Art. 13. Infraction. It is an infringement of this law to exercise the activity without being registered in the Register created by this law.

Transitional Clause. Entities must credit their quality of records in the Register created by this law, within one hundred and eighty (180) days from the start of the Registry.

Art. 14.-Commune to the national executive branch.

GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, ON THE TWENTIETH OF NOVEMBER OF TWO THOUSAND NINETEEN.

REGISTERED UNDER NO 27522

MARTA G. MICHELETTI-EMILIO MONZO-Eugenio Inchausti-Juan P. Tunessi

City of Buenos Aires, 19/12/2019

Under the provisions of Article 80 of the National Constitution, I certify that Law No. 27,522 (IF-2019-105631179-APN-DSGA#SLYT) sanctioned by the HONORABLE CONGRESS OF THE NATION on November 20, 2019, has been enacted in fact on the day. December 12, 2019.

Give yourself a copy to the HONORABLE CONGRESS OF THE NATION for publication to the National Directorate of the Official Register, and, for your knowledge and other effects, refer to the MINISTRY OF CULTURE. Compliment, file. Vilma Lidia Ibarra

e. 20/12/2019 N ° 99085/19 v. 20/12/2019