Act of 23rd March 1994
on the Sale and Export of Cultural Objects

Parliament has passed the following Act of the Czech republic:


PART I
Sale and Export of Cultural Objects

§ 1

  1. Cultural objects according to this Act are natural objects or human artefacts or sets of these which are significant for history, literature, art or science and meet the criteria contained in Appendix No. 1 to this Act.     
  2. This Act does not apply to cultural monuments and national monuments1, collection items2, archive items3 and items which are the originals of works of art by living authors.

§ 2

  1. Cultural objects may be exported from the territory of the Czech Republic only when provided with certification that they are not declared cultural monuments, nor articles which are part of a set declared as a cultural monument (henceforth merely "certificate").
  2. Certificates are issued on request by museums, galleries, libraries and organisations of care for the cultural heritage established by bodies of state administration (henceforth only "specialist organisations") authorised by the Ministry of Culture of the Czech Republic (henceforth merely "the Ministry"). A list of these and the fields in which they work is published by the Ministry in the Collection of Laws.4

___________________________

1 Act of the Czech National Council No.20/1987 Sb. Concerning State Care of Monuments in the reading of the Act of the Czech National Council No.425/1990 Sb. and Czech National Council Act No.242/1992 Sb.
2 Act no.122/Sb. on the Protection of Collections of Museum Character and the Amendment of Certain Other Acts.
3 Czech National Culture Act No.97/1974 Sb. on Archives, in the reading of Czech National Council Act No.343/1992 Sb.
4 § 4 section 1 b) of the Czech National Council Act No.545/1992 Sb. on the Collection of Laws of the Czech Republic.
5 § 2 of the Czech National Council Act No. 20/1987 Sb.

§ 3

     Cultural objects from the field of archaeology and cultural objects of a sacred or cult nature offered for sale must be provided with a certificate before they are sold; the buyer must be given three copies of the certificate together with the cultural article.

§ 4

  1. Requests for the issue of a certificate are submitted by physical persons or legal entities which intend to export the cultural object or which offer for sale cultural objects given in § 3 (henceforth only "the applicant") to the specialist organisation on the prescribed form in four duplicates. The application form for the issue of a certificate (henceforth merely "form") is given in Appendix No.2 of this Act.
  2. The applicant is obliged to provide appropriate co-operation with the specialist organisation or the Ministry and enable inspection of the cultural object.

§ 5

  1. The deadline for the issue of the certificate is one month from the delivery of the application to the specialist organisation.
  2. If the specialist organisation ascertains that the cultural object could be declared cultural monument,5 it will not issue a certificate and will pass the application on, within the deadline given in section 1, to the Ministry. It will inform the applicant as to what has been done.
  3. Within a period of four months from the delivery of the application to the specialist organisation the Ministry will either declare the cultural object to be cultural monument or will issue a certificate to the applicant.

§ 6

  1. The certificate is issued in three duplicates by confirmation of the appropriate part of the form. The certificate is valid for a period of three years from the day of issue. The specialist organisation or the Ministry will deposit one copy of a certificate issued in its archives for a period of 20 years.6
  2. The certificate is issued to the applicant for a fee of 500 K_. This provision does not apply to the issue of a certificate according to § 3. The recipient of the fee are the legal entities mentioned in § 2 section 2.

§7

     A physical person or legal entity who intends to export a cultural object submits one copy of the certificate to the customs authority when the cultural object is released into the export regime or the regime of passive cultural intercourse, one copy is kept and one copy of the certificate accompanies the cultural object.

§ 8

  1. The Ministry will impose a fine of up to 5 million K_ on

    a) a legal entity or physical person who exports or will export a cultural object without a certificate,
    b) a legal entity or physical person who offers for sale a cultural object from the field of archaeology or a cultural object of sacred or cult nature without a certificate.

  2. In the imposition of fines attention is paid in particular to the gravity and results of illegal activity.
  3. The Ministry may, in the case of a particularly serious infringement, decide that the article should be forfeit to the state.
  4. A fine may be imposed up to one year from the day when the Ministry discovered the failure to fulfil the obligation according to § 2 and 3, but at latest within 3 years of the day when the failure to fulfil the obligation arose.
  5. The fine is due within 30 days of the day when the decision to impose the fine came into effect.
  6. The profit from fines is an income of the sate budget.

§ 9

  1. The certificate according to this Act does not replace the export permit according to special regulations.7
  2. With the exception of § 8 the general regulations on administrative procedure 8) do not apply to procedure8 according to this Act.

___________________________

6 Decree of the Ministry of the Interior of the Czech Socialist Republic No.117/1974 Sb., by which are set the criteria for consideration of written material as archive material and details of procedure for destruction of documents.
7 E.g. Czech National Council Act No.114/1992 Sb. on the protection of nature and the countryside in the reading of Legal Measure of the Presidium of the Czech National Council No.347/1992 Sb., the Foreign Currency Act No.560/1991 Sb., in the reading of Act No.228/1992 Sb. (complete reading No.457/1992 Sb.), Decree of the Federal Ministry of Foreign trade No.560/1991 Sb. on the conditions of the issue of an official permit for the import and export of goods and services, in the reading of Decree No.130/1993 Sb.
8 Act No.71/1967 Sb. on administrative procedure (the Administrative Code).

PART II

Alternation to Decree No.41/1985 Sb.
On Non-commercial Exports and Imports of Articles,
In the Reading of Later Regulations

§ 10

     The Decree of the Federal Ministry of Foreign Trade No.41/1985 Sb., on non-commercial exports and imports of articles, in the reading of Decrees No.178/1988 Sb., No.118/1989 Sb., No. 4/1990 Sb., No. 52/1990 Sb., No. 225/1990 Sb., No 423/1990 Sb., No.534/1990 Sb. and No.398/1991 Sb., is altered as follows:

     In Appendix No.2 the item "antiques" is left out.

PART III

Final Provisions

§ 11

     The Decree of the Ministry of Education and Culture No.239/1959 Ú. 1. on the export of cultural monuments heritage and objects of museum value is cancelled.

§ 12

     This Act comes into force on the day of proclamation.

Uhde (signed)

Havel (signed)

Klaus (signed)

Appendix No. 1 to Act No. 71/1994 Sb.

LIST OF CULTURAL OBJECTS

Articles from the fields of botany, zoology, mineralogy and palaeontology Period of origin Market value
+ - Herbarium with over 50 items of dried plant material

+ - Collections of preserved bodies of wild or extinct types of animals
or parts of these in excess of 10 items, incl. oological collections
(including historical taxidermic objects and antlers)


+ - Fossilised remains of plants and animals

+ - Precious stones in natural state and polished

+ - Collections of minerals in excess of 10 individual items

- Individual minerals
over 5,000 K_


Articles from the field of archaeology Period of origin Market value
+ - Archaeological finds including both human and animal bones



Articles from the field of photographic creative work Period of origin Market value
- 19th century photographic work - daguerrotypes, ambrotypes, panotypes, calotypes, ferrotypes, chromophotography and so on

- Art photography
over 6,000 K_


Articles from the field of artistic crafts and applied art work
(except articles of sacred nature)
Period of origin Market value
- Furniture incl. accessories (pelmets, etc.) and interior furnishings (covers and panels, supraports, panelling, etc.) over 50 years old
- Porcelain services and parts of these (jars, bowls, terrines, trays, jugs, sculptures) over 50 years old
- Vases, jardinieres, table ornaments, etc. Czech and European trademarks over 50 years old
- Ceramic jugs, mugs, plates, bowls, figures, stoves and individual tiles, marked and unmarked up to 1918
- Faience or majolica - crazed glaze, painting, bowls, vases, plates, medical containers, etc. over 100 years old
- Hard ceramics with blue-grey or brown glaze, often with pewter lids
over 100 years old

- Soft stoneware (siderolite, terralite) painted yellow, red, green impressed marks
over 100 years old



Articles of sacred and cult nature Period of origin Market value Period of origin Market value
- All works of fine art and artistic crafts - paintings, sculpture, drawings, furniture and parts of it, liturgical equipment, candlesticks and other original furnishings of premises which serve or served religious purposes or the spiritual administration of churches and religious associations registered in the Czech Republic on the day this Act comes into effect



Articles from the field of fine art
(apart from articles sacred in nature)
Period of origin Market value
- Paintings executed on any base and using any technique
over 30,000 K_
- Miniatures
over 30,000 K_
- Drawings executed on any base and using any technique
over 10,000 K_
- Original graphic works of all techniques, incl. lithography, serigraphy and silk screen printing
over 6,000 K_
- Sculptures, reliefs and buildings (incl. architectural elements and accessories, work of small-scale architecture from funeral sculpture) of any material and created by any technique
over 20,000 K_


Articles from the field of artistic crafts and applied art work
(except articles of sacred nature)
Period of origin Market value
- Small wrought articles (fittings, locks, keys, hanging signs, etc.) over 50 years old
- Hanging signs, shooting targets over 100 years
- Games and toys of all types over 100 years
- Puppets, puppet theatres and parts of these over 50 years old
- Textiles of all types, apart from folk textiles (wallpaper, door-curtains, curtains, hangings, bedspreads, table cloths, lace, table mats, embroidery, etc. over 100 years old
- Clothing, costumes, dress accessories, personal requisites, uniforms of all types and parts of these over 50 years old
- Tapestries over 50 years
- Knotted carpets over 70 years
- Jewellery over 50 years
- Costume jewellery over 50 years


Articles from the field of book culture Period of origin Market value
- Manuscripts of literary and musical works and documentary material from the heritage of figure of science, art, literature, music, technology and politics

- First editions up to 1500


Articles from the field of artistic crafts and applied work
(except articles of sacred nature)
Period of origin Market value
- Soft glazed stoneware with printed or painted decoration over 100 years old
- Clear glass, cut polished, painted, gilded and coloured (bowls, goblets, pints, trays, etc.) over 50 years old
- Clear glass, cut, polished, painted, gilded - sets

- Clear and coloured glass - Biedermeier

- Coloured glass (hyalite, lithyalin, etc.) over 50 years old
- Glass from the art Nouveau period, esp. Loetz, Loetz Witwe, Gallé, Daum Nancy, Argy, Rousseau, Tiffany, etc.

- Pressed glass over 100 years
- mirrors over 100 years
- Lighting and accessories over 50 years
- Articles made from precious metals, pewter, copper, brass or other alloys (plates, pints, jugs, bowls, cups, vases, trays, table sets, cutlery, candlesticks, pestles and mortars, weights, etc.) over 50 years old
- Cast iron (decorative objects, plates, containers, stands, garden furniture, stoves, etc.) over 50 years old
- Bells and parts of these over 50 years
- Articles of wrought iron - grids, lamps, etc. over 50 years old


Articles from the field of book culture Period of origin Market value
- Old prints, maps and atlases with traits relating to the Czech Lands in the sense of language, content, place of issue and provenance up to 1800
- Old prints, maps and atlases without traits relating to the Czech Lands up to 1800 over 40,000 K_
- Manuscripts of book nature

- Preserved proofs of editions never published over 40 years old


Articles from original non-European cultures Period of origin Market value
- All objects originating in archaeological finds

- Paintings of all kinds executed by any technique on any base, including roll paintings and miniatures

- Drawings, collages, executed by nay technique on any base

- Sculptor's work from any material and executed by any technique

- Original graphic work in all techniques

- Book graphics over 50 years
- Cartographic work over 50 years
- Impressions over 100 years
- Weapons, arms, clothing, accessories, incl. armour of fighting animals over 50 years old


Articles from original non-European cultures Period of origin Market value
- Furniture over 50 years
- Ceramics, glass, metal (incl. cloisonné) over 50 years old
- Articles of organic materials (ivory, bone, wood, straw, bamboo, wicker, etc.) over 50 years old
- Textiles and carpets over 50 years
- Games and toys over 50 years
- Jewellery and costume jewellery over 50 years


Articles from the field of science and technology Period of origin Market value
- Clocks, astronomical clocks, chronometric equipment, etc. over 50 years old over 10,000 K_
- Watches over 70 years
- Scientific and technical instruments and equipment over 100 years old
- Historical means of transport (cars, coaches, sedan chairs, sleighs, accessories, etc.) over 50 years old
- Two-wheeled road vehicles with and without engines over 40 years old
- Other road vehicles with and without engines over 40 years old
- Railway and other vehicles running on rails over 40 years old


Article from the field of science and technology Period of origin Market value
- Aircraft and boats with and without engines over 40 years old
- Photographic and film technology over 50 years old over 10,000 K_
- Equipment for recording, processing transmission and reproduction of sound, data and information over 40 years old over 5,000 K_


Articles from the field of militaria Period of origin Market value
- Arms, cold, shooting and firearms, military, hunting and sporting weapons with accessories (hunting, sets, shooting targets, etc.) and armour of all kinds over 50 years old
- Uniforms of all kinds over 50 years
- Armour for horses and parts of this over 50 years
- Flags, banners, standards, banner ribbons, etc. over 50 years old


Articles from the field of agriculture Period of origin Market value
- Sleighs, traps, ladder-wains, harness, lamps over 50 years old
- Tractors, stationary engines, steam engines and locomobiles over 40 years old
- Machines for working soil and sowing over 40 years
- Hunting equipment and instruments over 50 years
- Vintner's beam and screw presses over 50 years
- Work implements, machines and tools over 50 years
- Corvée stamps, discounts and documents on release from corvée



Articles from the field of philately and postal services Period of origin Market value
- Classical postage stamps, postal stationery and units of all world postage stamps countries over 50 years old
- Czechoslovak postage stamps and postal stationery
over 20,000 K_
- Postal stagecoaches, vehicles, coaches up to 1945
- Types of historical stamps up to 1918
- Postal service uniforms up to 1918


Articles from the field of association and public life Period of origin Market value
- Seals and sealing sticks

+ - Coins, paper currency, emergency currency of metal, paper, ceramics, etc., credit currency, documents for cash-free intercourse up to 1953
+- Bills of exchange, orders, decorations etc. up to 1918
- Posters, medals and kindred articles (counters, stamps, etc.) up to 1918


Articles from the field of numismatics Period of origin Market value
- Guild and association banners, uniforms of employees of public institutions, state administration and local government over 50 years old
- Insignia and other related symbols (ferrules, magistrate's maces, sashes, etc.) over 50 years old


     A set of objects according to the above sections, even if the price of the individual parts of the set does not exceed the limit values.

     In the case of objects marked + a certificate may also be issued for a set of objects if it is enclosed in packaging which is sealed by the specialist organisation and if a list of the objects making up the set is enclosed with the certificate. In these cases it is not necessary to provide the application with photographs.

Appendix No. 2 to Act No. 71/1994 Sb.

Registration No. of application

APPLICATION

For the issue of a certificate according to Act No. 71/1994 Sb. for the cultural objects specified on the reverse side of the application form

TO BE FILLED BY APPLICANT

Name, surname of phys. person


Permanent address
Birth or passport No.


Nationality
Name of legal entity


Head office
Representative


I_O (ID No. of organisation]


On the history, provenance, restoration of article:

            I know nothing

            I know that …


Photographs of front and side view of articles 8 x 12 cm






DECLARATION

The cultural object for which I am applying for the issue of a certificate is not a movable cultural monument recorded in the state list of cultural monuments of the Czech Republic or any part of this.

Date to submission of applicationto
specialist organisation:
Stamp: Signature:


A closer specialist specification of the article of cultural object is filled in by the specialist organisation


Name of object
Size or weight Technique, material Surface finish


Author, manfr. Period, style Provenance


State Signature, trademark,
hallmark, their posn.

Characteristic traits


Inscription and its position


Description


CERTIFICATE

The specialist organisation certifies according to Act. No. 71/1994 Sb. that the cultural object is not a object declared to be cultural monument, nor a object which is part of a set declared cultural monument, and that it may be exported from the territory of the Czech Republic.


Issuing organisation:


Address: Signature:
Date of issue: Stamp: Signature:


This certificate is valid for a period of three years from the day of issue.


The National History Museum, Olomouc
The Central Bohemian Museum, Roztoky

For objects of sacred and cult nature:

The State Institute of Monuments Protection, Prague
The Monuments Protection Institute of Central Bohemia, Prague
The Monuments Protection Institute, Pilsen
The Monuments Protection Institute, Ústí nad Labem
The Monuments Protection Institute, Pardubice
The Monuments Protection Institute, _eské Bud_jovice
The Monuments Protection Institute, Brno
The Monuments Protection Institute, Olomouc
The Monuments Protection Institute, Ostrava
The Jewish Museum, Prague (Jewish religious and cult objects)

For objects from the field of the fine arts:

The National Gallery, Prague
The Czech Museum of Fine Arts, Prague
The Ale_ South Bohemian Gallery, Hluboká nad Vltavou
The West Bohemian Gallery, Pilsen
The State Gallery, Cheb
The State Gallery Klatovy/Klenová
The North Bohemian Art Gallery, Litom__ice
The Regional Gallery, Roudnice nad Labem
The Regional Gallery, Liberec
The Benedikt Rejt Gallery, Louny
The Gallery of Modern Art, Hradec Králové
The East Bohemian Gallery, Pardubice
The State Gallery, Náchod
The Stae Gallery, Havlí_k_v Brod
The Orlická Gallery, Rychnov nad Kn__nou
The State Gallery, Most
The Moravian Gallery, Brno
The State Gallery, Zlín
The Vyso_ina Regional Gallery, Jihlava
The Horácká Gallery, nové M_sto na Morav_
The State Gallery, Hodonín
The Museum of Art, Olomouc
The State Gallery, Ostrava

For objects from the field of artistic crafts and applied art work and for objects from the sphere of creative photography:

The Museum of Applied Arts, Prague
The National Museum, Prague
The Moravian Gallery, Brno
The Moravian Museum, Brno
The Silesian Museum, Opava
The South Bohemian Museum, _eské Bud_jovice
The West Bohemian Museum, Pilsen
The Regional Museum, Teplice
The North Bohemian Museum, Liberec
The Museum of East Bohemia, Hradec Králové
The East Bohemian Museum, Pardubice
The National History Museum, Olomouc
The Museum of Puppetry Cultures, Chrudim (puppets, puppet theatres and parts of these)
The Central Bohemian Museum, Roztoky by Prague

Fot objects from the fiels of book culture:

The National Library, Prague
The Moravian Library, Brno
The State Scientific Library, Pilsen
The State Scientific Library, _eské Bud_jovice
The State Scientific Library, Hradec Králové
The State Scientific Library, Liberec
The Library of the National Museum, Prague
The National Literature Museum, Prague
The J.A.Comenius Museum, Uhersk_ Brod (Comeniana)
The National Film Archives, Prague

For objects from the sphere of music:

The Museum of Czech Music - the National Museum, Prague
The National Technical Museum, Prague (music boxes, juke boxes)
The Moravian Museum, Brno

For objects from the field of etnography:

The National Museum, Prague
The Moravian Museum, Brno
The Silesian Museum, Opava
The South Bohemian Museum, _eské Bud_jovice
The West Bohemian Museum, Pilsen
The Regional Museum, Teplice
The North Bohemian Museum, Liberec
The Museum of East Bohemia, Hradec Králové
The East Bohemian Museum, Pardubice
The Walachian Open-air Museum, Ro_nov pod radho_t_m
The J.A.Comenius Museum, Uhersk_ Brod
The National History Museum, Olomouc
The National Museum of Agriculture, Prague
The Central Bohemian Museum, Roztoky by Prague

For objects from non-European cultures:

The Náprstek Museum - the National Museum, Prague
The National Gallery, Dept. of Non-European Art, Prague
(art of Asian nations)

For objects from the sphere of science and technology:

The National Technical Museum, Prague
The Technical Museum, Brno

For objects from the field of militaria:

The Military History Museum, Prague
The National Museum, Prague
The Moravian Museum, Brno
The Silesian Museum, Opava
The South Bohemian Museum, _eské Bud_jovice
The West Bohemian Museum, Pilsen
The Regional Museum, Teplice
The North Bohemian Museum, Liberec
The Museum of East Bohemia, Hradec Králové
The East Bohemian Museum, Pardubice
The National History Museum, Olomouc
The Central Bohemian Museum, Roztoky by Prague

For objects from the field of agriculture:

The National Agricultural Museum, Prague
The Walachian Open-air Museum, Ro_nov pod Radho_t_m
The J.A.Comenius Museum, Uhersk_ Brod
The Moravian Museum, Brno
The Silesian Museum, Opava
The South Bohemian Museum, _eské Bud_jovice
The West Bohemian Museum, Pilsen
The Regional Museum, Teplice
The North Bohemian Museum, Liberec
The Museum if East Bohemia, Hradec Králové
The East Bohemian Museum, Pardubice
The National History Museum, Olomouc
The Central Bohemian Museum, Roztoky by Prague

For objects from the sphere of philately and postal services:

The Postal Museum, Prague

For objects from the field of numismatics:

The National Museum, Prague
The Moravian Museum, Brno
The Silesian Museum, Opava
The South Bohemian Museum, _eské Bud_jovice
The West Bohemian Museum, Pilsen
The Regional Museum, Teplice
The North Bohemian Museum, Liberec
The Museum of East Bohemia, Hradec králové
The East Bohemian Museum, Pardubice
The National History Museum, Olomouc

Objects from the sphere of the history of association and public life:

The National museum, Prague
The Moravian Museum, Brno
The Silesian Museum, Opava
The South Bohemian Musem, _eské Bud_jovice
The West Bohemian Museum, Pilsen
The regional Museum, Teplice
The North Bohemian Museum, Liberec
The Museum of East Bohemia, Hradec Králové
The East Bohemian Museum, Pardubice
The National History Museum, Olomouc
The Central Bohemian Museum, Roztoky by Prague

The above organisations also provide all necessary information on the submission of applications for certificates.

This measure comes into effect on the day of publication.

The Minister:

Tigrid
(signed)