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Regulations On The Exit Point And The Importation Of Cultural Property

Original Language Title: Forskrift om utførsel og innførsel av kulturgjenstander

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Regulations on the exit point and the importation of cultural property-Date 2007-01-01-1 Ministry the Ministry of culture published in 2007 clips 1 entry into force 01.01.2007 last edited by-2015-02-25-164 Change applies to Norway Pursuant LAW-1978-06-09-50-§ 23, LAW-1978-06-09-50-Section 23f, FOR-1979-02-09-8785-section 12, Law-1967-02-10-section 28 Announced short title regulations on 05.01.2007 trade in cultural property Chapter overview: chapter I. Purpose and scope (§§ 1-2) chapter II. Exit point of the culture objects (sections 3-7) chapter III. The importation of cultural property (§ § 8-10) chapter IV. Punishment, control and entry into force (sections 11-13) attachment: overview of Norwegian coins, medals, banknotes, and orders of magnitude of national importance younger than 1537 to search exit permission for the legal authority: established by the Ministry of culture and Church (now the Ministry of culture) 1. January 2007 under the legal authority of the Act 9. June 1978 No. 50 of the cultural heritage section 23 the second paragraph, Section 23f, regulation 9. February 1979 No. 8785 on academic responsibility distribution etc. After the cultural heritage law § 12 Nr. 3 and the law 10. February 1967 on administrative matters concerning section 28.
Changes: modified by regulations, March 27 2009 Nr. 355, 25 feb 2015 Nr. 164. Chapter I. Purpose and scope of section 1. Purpose the purpose of these regulations is to ensure that cultural property is protected against illegal exports and imports. The regulation will help to refine the illegal sales of cultural property and to ensure documentation and knowledge of the artefacts allowed brought out of the country.

§ 2. Definition of the Act 9. June 1978 No. 50 of the cultural heritage section 23 and in the chapters here applies to the following categories of artifacts: a) material, without regard to age:-which has special significance for Norway's art, culture and history-that has special significance for businesses and events of national importance-that pertains to prominent or Central People's life. Objects that he or she distinguished or central person even leading out of the country are considered not, unless the exit point is prohibited by other provisions of this regulation.

b) Sami material from before the year 1970. For the text and a map printed on Sami comes to year 1930. To exit permission for all Sami archive materials. Objects that belong to its originator are not included.

c) paintings, drawings, sculptures, original graphic magazine, other Visual Arts, arts and crafts and prototypes for design product that is older than 50 years. Work of its originator is excluded.

d) audio, photo and film material from before the year 1950.

e) Motor vehicles, aircraft, artillery pieces and rail materials or parts and accessories of such from before year 1950 and boats or parts of such older than 50 years.

f) Buildings of all kinds, and parts of such, artistic or historical monuments, archive material, letters, manuscripts, signeter, folk art and arts products, furniture and other household goods, suits, small arms, musical instruments and other personal property of the art, culture or personal historical interest from before 1900.

g) ethnographic material from before 1900.

h) text and maps printed in Norway before the year 1850 or abroad prior to the year 1650.

in the) Norwegian coins older than 1537, as well as younger Norwegian coins, banknotes, medals and orders of national importance, cf. the attached list.

j) Stamps are not covered by the export ban as long as they are not included as part of other material that is covered in these regulations.

k) results of archaeological excavations, or of archaeological discoveries, both legal and illegal. Automatically protected cultural relics in pursuance of law 9. June 1978 No. 50 of the cultural heritage section 4, cf. section 12 of the title to solve cultural relics.

l) to the material mentioned in section 2 letters a-j are considered personal effects from after the year 1800 or artifacts as mentioned in section 2 letter e), to be used during the stay abroad and brought back to Norway within one year after departure or to be repaired and restored abroad and brought back to Norway within three years after the departure. With personal effects is meant objects which, for example, jewelry, costumes and the like.

m) to the material mentioned in section 2 letters a-j not included in objects that are imported to Norway after the year 1950, if it can be documented that in their time were legally exported from the country of origin.

Chapter II. Exit point of cultural property section 3. Exit prohibition without the prior written authorization of the by law 9. June 1978 No. 50 of the cultural heritage section 23 prohibited to cause artifacts out of the country. The requirement for a permit in the first sentence includes all forms of exit point abroad, also for lending for exhibitions and for other time-limited period.

§ 4. The application the application for exit point of cultural property that fall under any of the categories specified in section 2 of the regulations here, be written in the form established by the Ministry of culture and Church. The application should be. include information about the asset's art, culture, materials, age, size, placed way and time, who it is acquired from, and the name and address of the applicant and the beneficiary. Furthermore, it should be accounted for the reasoning that it applied for exit permission and it should follow with five color photographs of the culture object.
The application is sent the institution that has decision-making authority under section 6 in good time before the exit point to happen. If the applicant is in any doubt about how the application is to be sent, it can be sent to the Norwegian Cultural Council that forwards it to the appropriate decision-making authority under section 6.
If necessary, require that the applicant institution's decision-sets forth additional information or foreviser culture artifact.

§ 5. Exit permission should normally be given to culture the artifact is not of great importance for research or for the conservation and dissemination of Norway's cultural heritage. Exit permission may be granted permanently or for a specified period of time, for example in connection with cultural property as a temporary display, undergoing restoration/be fixated, or be done temporarily for research purposes. It should be issued an export certificate to utferdiges in line with the international standard.
Objects that are brought out of the country should be accompanied by the above exit permit and this documentation should be presented for the customs service in connection with customs dispatch.
Consent to the exit point of the public records can be provided by the Mayor of arkivaren if utførselen is necessary for the administrative and legal use of the archives, see. archive law § 9 letter b.

section 6. Decision-making institutions the following institutions are decision-institutions: a) the armed forces Museum is decision-institution for matters of military artifacts, weapons and aircraft and vehicles.

b) Museum of cultural history, University of Oslo's decision-institution for things about archaeological and ethnographic material, objects from the time before the Reformation, coins and bank notes.

c) National Library is decision-institution for things about printed texts and maps, manuscripts, audio and film archives.

d) National Museum of art, architecture and design is decision-institution for things about paintings, drawings, sculptures, original graphic magazines and other Visual Arts, arts and crafts, design, furniture and other household goods.

s) Norwegian folk museum is decision-institution for things about folk art, farmer antiques, handicrafts products, costumes, buildings and other material related to working life and way of life after the Reformation.

f) Norwegian maritime museum is decision-institution for matters of maritime material.

g) Norwegian technical Museum is decision-institution for things about transportation and other technical material.

h) Preus museum are decision-institution for things about photography, photography equipment, etc. photo equipment.

in) Directorate for cultural heritage is decision-institution for issues about boats.

j) Mayor of the institution for arkivaren decision-is things about archive material, seal and signeter.

k) Museum Ringve is decision-institution for things about music instruments and other historical material.

l) RiddoDuottarMuseat are things about decision-making institution of Sami art and other Sami culture material.

Decision-institutions shall consult with each other or consulting regional subjects institutions if there can be doubt about the jurisdiction or the need for additional expertise.
Decision-making authority gives the applicant written notice of the decision and send the copy of the decision and the application to the Norwegian Cultural Council.
If a decision-making institution even apply for exit permit, or other conditions means that a decision-making institution themselves cannot determine an application for exit permit, to the application together with a short justification sent Norwegian Cultural Council. Norwegian Cultural Council shall communicate the application to it of the other decision-the institutions that are best suited to manage it, but if it is not possible to find any suitable institution Cultural Council decision-to even be decision-authority in the case. The Ministry of culture is the appeal authority for decisions from the Culture Council after the second period.

section 7. Norwegian Cultural Council's complaint authority in matters concerning the ban on the exit point of the cultural property, with the exception of matters that are settled by the Mayor of arkivaren, where the Ministry of culture is the appeal authority, cases that are settled by the Directorate for cultural heritage, where the Ministry of the environment's complaint authority, and matters concerning the Sámi cultural heritage, where the Parliament is complaint authority. Complaint be filed for the body that has hit the decision, and the rules on the complaint in chapter VI of the Act 10. February 1967 on administrative matters (administrative law) applies accordingly.

Chapter III. The importation of cultural property section 8. It is according to the law 9. June 1978 No. 50 of the cultural heritage Section 23a forbidden to lead in to the country cultural property that is illegal from a State that performed is party to an agreement where also Norway is party about the return of cultural objects or on measures against illicit import, export and trade in cultural property, hereafter called exit the country.


§ 9. Of the Act 9. June 1978 No. 50 of the cultural heritage Section 23a and in this chapter of the regulations to be with: a) "cultural property" shall mean the categories of cultural property arising out of the laws of the countries ' export definition and protection of cultural property b) "that is illegal from a State" be understood:-any exit point from a State's territory in violation of this State legislation on the protection of cultural objects-objects that are not accompanied by a valid certificate , which according to national legislation is required, where it is given permission to the appropriate culture the artifact be exported or-any missing back delivery by the end of the deadline for a temporary legal exit point, or any violation by any of the other terms of this temporary utførselen.

c) "an agreement where also is party of Norway-back or on measures against illicit import, export and trade in cultural property" means:-a State that is part of the European economic area (EEA)-a State that is party to the Unidroit Convention of 24. June 1995 No. 1-a State that is party to the UNESCO Convention of 1970 on measures to prohibit and prevent the illegal import and export of cultural property and the illegal transfer of ownership of cultural property.

§ 10. The leading a culture article in to the country, which according to national legislation in the country exit exit assumes permission, is obliged to make sure that the object is accompanied by a valid export certificate from the country of export. This documentation should be presented for the customs service in connection with customs dispatch.

Chapter IV. Punishment, control and entry into force of section 11. The one that intentionally or negligently violates section 3 and section 8 of the regulations, or regulations and decisions given in pursuance of it, may be punished in pursuance of law 9. June 1978 No. 50 of the cultural heritage section 27 and allowed 21. December 2007 Nr. 119 about customs and commodity of life Chapter 16.

§ 12. By law 21. December 2007 Nr. 119 section 1-5 leads customs control with that culture artifacts have been out of the country or into the country in violation of this regulation. ToL Act and its regulations also applies as far as is appropriate and not otherwise determined.

section 13. The regulation will take effect 1. January 2007.

Annex: overview of Norwegian coins, medals, banknotes, and orders of magnitude of national importance younger than 1537 to search exit permission for items covered by the law 9. June 1978 No. 50 of the cultural heritage section 12 first paragraph, LITRA b) and § 15 subsection cannot be brought out of the country. 
Otherwise, the exit is required permission for the following: Coins: Christian III, sølvgylden 1546 (Gimsøydaler) [Silver] Christian III, mark 1543-46 [Silver] Christian III, 8 skilling 1545 [Silver] Christian III, skilling 1533, 1543 and 1546 [Silver] Christian IV, 4 Norwegian speciedaler 1643, 1644-45 and 1648 [Silver] Christian IV, 3 Norwegian speciedaler 1643-1644 [Silver] Frederick III, 2 dukat 1665 [gold] Frederick III, dukat 1665 and 1669 [gold] Frederick III , 1/2 and the year 1666 without dukat [gold] Frederick III, Norwegian Speciedaler without two-digit years (Akershuusspecien) [Silver] Frederick III, 4 Norwegian speciedaler 1656-58 and 1661 [Silver] Frederick III, 3 Norwegian speciedaler 1649-68 [Silver] Christian V, 4 dukat 1671 [gold] Christian V, 3 dukat 1671 and 1673 [gold] Christian V, 2 dukat and without year 1673 [gold] Christian V, dukat without two-digit years [gold] Christian V, 1/2 dukat without two-digit years [gold] Christian V , 4 Norwegian speciedaler 1674, 1678-80 [Silver] Christian V, 3 Norwegian speciedaler 1674, 1678-80 [Silver] Medals: Frederick III, Akershuusmedaljen without year banknotes: 100 Norwegian speciedaler 1818-46 Ordinal characters: the Norwegian lion.