National legal framework

Each profile cites the main law protecting cultural heritage, any amendments and the implementing texts. It specifies the national definition of cultural property, as this varies: some States use an age criterion, others a criterion of value or historical interest.

National lists or inventories are mentioned where they exist. A listed or registered item is generally subject to stricter rules on circulation and transfer.

The profile indicates whether exporting a cultural object requires an authorisation, a certificate or a simple declaration. It describes the authority that issues the document, the usual deadlines and the grounds for refusal. It also flags the items that may under no circumstances leave the territory.

For imports, the profile recalls the proof of provenance that customs may require. This information complements the import and export licence service of the OIMAP Desk, whose processing time is ten to twenty days.

National law regulates the sale of works of art through rules on the approval of operators, the keeping of a register of transactions and the verification of provenance. The profile summarises these obligations and indicates the professions concerned: auction houses, galleries, antique dealers, online platforms.

It also specifies how long documents must be kept and how they are to be communicated to the authorities in the event of an inspection.

The profile keeps up to date the list of conventions ratified by the State and the date of ratification. For States whose procedure is under way, it states the stage reached. Accession to OIMAP indeed requires ratifying, or committing to ratify, these texts.

Lastly, it indicates whether the 2019 OIMAP Directives, and in particular Directive No. 2019-07 on the authentication of cultural property, have been transposed into domestic law, and in what form.

The penalties applicable to illicit trafficking, export without authorisation or false declaration of provenance are summarised: fine, confiscation, ban on practising, custodial sentences. The profile refers to the texts for details.

The remedies available to individuals and professionals are also indicated, together with the competent authority. For more personalised help, a State may request the Organisation's legal assistance.