Įstatymas paskelbtas: ˇin OFFICIAL TRANSLATION REPUBLIC OF LITHUANIA LAW ON PROTECTION OF MOVABLE CULTURAL PROPERTY 23 January 1996 No I-1179 (As last amended on 4 November 2004 – IX-2534) Vilnius CHA
PTER
- GENERAL PROVISIONS Article
- Purpose of the Law
- This Law shall establish State regulation of movable cultural property, records, protection and funding of the protection of movable cultural property and liability for violations of this Law.
- The provisions of this Law have been brought in compliance with the legal act of the European Union specified in the annex to this Law. Article
- Definitions Definitions of this Law shall include: 1) “movable cultural property” shall mean movable material creations and other objects, based on their designation and nature, resulting from public and individual activity and possessing considerable cultural value, including those of importance in an ethnic, archaeological, historical, artistic, scientific, technical, religious and another sense and also, insofar as they describe typical as well as specific phenomena of national existence and are included in the State records of movable cultural property; 2) “antiques” shall mean all movable material creations and other objects or the parts thereof resultant from public and individual activity and created 50 years ago and earlier, regardless of their remaining cultural value; 3) “cultural monument of Lithuania” shall mean an item of movable cultural property declared a cultural monument of Lithuania according to the procedure established by this Law; 4) “protection of movable cultural property” shall mean the totality of the means which are employed in the protection, for current and future generations, of movable cultural property for the purposes of scientific, educational, and cultural continuity and for other purposes; 5) “State records of movable cultural property” shall mean the inclusion of the items of movable cultural property not kept at state depositories in a Register of Movable Cultural Property (hereinafter – the Register), which also includes immovable items of cultural property, and the compilation of lists of items of movable cultural property kept at state depositories; 6) “regulations on the protection of movable cultural property” shall mean general or individual protection, maintenance and use regulations ensuring the preservation of movable cultural property; 7) “certificate of movable cultural property” shall mean a document which contains the basic data concerning an item of movable cultural property, copy of decree by the Minister of Culture to include the item in the Register, photocopies or (and) other video material, information concerning restoration and conservation work performed, location sites and changes in ownership; 8) “conservation” shall mean research-based activities aimed at the protection of movable cultural property from natural deterioration; 9) “restoration” shall mean research-based activities aimed at disclosing the cultural value through elimination of damage and deterioration when conserving the authentic parts and recreating the missing parts; 10) “movable cultural property unlawfully removed from the Republic of Lithuania” shall mean the items of movable cultural property removed in breach of the legal acts governing the protection of movable cultural property or not returned to the Republic of Lithuania at the end of a period of lawful temporary removal or removed in breach of another condition governing such temporary removal; 11) “obligation of the Government of the Republic of Lithuania concerning the movable cultural property of foreign countries temporarily brought into the Republic of Lithuania” shall mean a written obligation of the Government of the Republic of Lithuania or its authorised institution to compensate to a national or republican cultural institution of Lithuania, the Lithuanian Archives Department under the Government of the Republic of Lithuania and state archives the losses incurred by damage, destruction or loss of the movable cultural property temporarily brought into the Republic of Lithuania; 12) “fine art works” shall mean paintings, drawings, sculptures and graphics, pictures and other works executed by any means, on any medium and in any material; 13) “applied art works” shall mean textiles, furniture, articles of clothing, weapons, tableware, trimmings, chandeliers, interior decorations and other creations; 14) “cultural objects unlawfully removed from the territory of a Member State” shall mean the objects defined in Council Directive 93/7/EEC of 15 March 1993 on the return of cultural objects unlawfully removed from the territory of a Member State and unlawfully removed from the territory of a Member State. The concept “Member State of the European Union” as used in this Law shall also cover states of the European Economic Area. Article
- Objects of the Law
- The objects of this Law shall be items of cultural property and antiques, including: 1) archaeological discoveries; 2) material examples of ethnic culture; 3) objects related to most important historical events, history of society, culture, war and sports and the lives of distinguished persons; 4) firearms and non-firing weapons; 5) cultural objects: fine and applied art works; 6) musical instruments; 7) manuscripts and incunabula; maps and scores; books and other publications; 8) objects possessing numismatic, sphragistic, heraldic, or philatelic value, orders and medals; 9) objects depicting the history of science, engineering and technology; 10) documents, on any medium, which are 50 or more years old; 11) collections, selections, sets or other objects holding cultural value, as a whole, regardless of the value or types of individual parts; collections and specimens from zoological, botanical, or anatomical collections; collections of palaeontological, ethnographic or numismatic interest; 12) elements forming an integral part of artistic, historical or religious monuments which have been dismembered; 13) photographs, films and negatives thereof; 14) any other items 50 or more years old.
- Individual parts of items of movable cultural property may also be movable cultural property. Article
- Possession of Movable Cultural Property By Right of Ownership
- Movable cultural property may by right of ownership belong to the State of Lithuania, municipalities and natural and legal persons.
- All items of movable cultural property found on land, its surface, water, buildings, as well as structures or the parts thereof, whose owner cannot be established or has lost the right to such according to law shall be transferred to state ownership. In accordance with the procedure established by the laws of the Republic of Lithuania, compensation shall be paid to the individual who has found and handed over movable cultural property. Article
- Legal Principles Governing Protection of Movable Cultural Property Protection of movable cultural property shall be implemented based on the Constitution of the Republic of Lithuania, laws and other legal acts. Article
- International Treaties and Conventions Where regulations other than those which are provided for in legal acts regulating the protection of movable cultural property are established in treaties or conventions of the Republic of Lithuania, the regulations established by international treaties or conventions of the Republic of Lithuania shall apply. CHAPTER II. STATE REGULATION OF THE PROTECTION OF MOVABLE CULTURAL PROPERTY Article
- Institutions Ensuring the Protection of Movable Cultural Property The following state institutions shall ensure the protection of movable cultural property: 1) the National Cultural Heritage Commission; 2) the Ministry of Culture of the Republic of Lithuania; 3) the Lithuanian Archives Department; 4) county governors; 5) municipalities. Article
- Repealed on 26 November
- Article
- Competence of the Ministry of Culture and Department of Cultural Heritage Protection of the Ministry of Culture in the Sphere of the Protection of Movable Cultural Property
- The Ministry of Culture shall: 1) in conjunction with the National Cultural Heritage Commission, establish a strategy for the protection of movable cultural property and its implementation policy; 2) implement the State policy for the protection of movable cultural property and present reports on the implementation of this policy to the Government and the Seimas; 3) prepare drafts of laws and other legal acts regulating the protection of movable cultural property; 4) determine and, upon approval by the National Cultural Heritage Commission, confirm the procedure for including movable cultural property in the Register and the procedure and criteria for declaring items of movable cultural property cultural monuments of Lithuania and appoint a commission of experts for the appraisal of movable cultural property; 5) establish, reorganise, close, fund and supervise museums and libraries as well as other institutions connected with the protection of movable cultural property; 6) issue licenses to restorers upon proposal by the Attestation Commission at the Ministry of Culture; 7) approve restoration councils, the restorers attestation commission, and council of experts for the export of cultural property; 8) grant to state depositories the rights of expert; 9) prepare and fund programmes for the protection and restoration of movable cultural property in museums and libraries; 10) establish the procedure for record keeping, protection, conservation and restoration of movable cultural property (with the exception of archival documents); 11) formulate a policy for searching for the items of movable cultural property stolen or unlawfully removed from the Republic of Lithuania or foreign countries and establish work guidelines and priorities; 12) inspect records of movable cultural property and protection thereof in museums and libraries.
- The Department of Cultural Heritage Protection of the Ministry of Culture (hereinafter – the Department of Cultural Heritage Protection) shall: 1) implement the State policy for the conservation of items of cultural property not kept at state depositories; 2) prepare drafts of laws and other legal acts regulating the conservation of items of movable cultural property not kept at cultural property depositories; 3) record movable cultural property (with the exception of archival documents) not kept at state depositories, prepare, manage and protect the Register; 4) issue certificates of movable cultural property included in the Register and prepare regulations on the conservation of movable cultural property; 5) verify the observance of regulations on the protection of the items of cultural property included in the Register; 6) refer to courts regarding compulsory buying out of the items of cultural property included in the Register, recovery of the funds disbursed for the restoration and conservation of cultural property and also compensation for damages incurred through improper restoration and conservation as well as improper protection and use thereof; 7) draft and fund programmes for the restoration, conservation and research of cultural property included in the Register; 8) register transactions regarding the items of cultural property included in the Register; 9) issue permits for the export of cultural property and antiques abroad; 10) issue licenses (permits) to engage in trade in antiques; 11) supervise the observation of the regulations governing trade in antiques. It shall draw up administrative law violation protocols for infringement of these regulations and apply administrative penalties; 12) supervise record keeping and protection of movable cultural property in museums and libraries, draw up administrative law protocols for violations in movable cultural property record keeping and protection and apply administrative penalties; 13) supervise the observation of the procedure for the restoration and conservation of movable cultural property. It shall draw up administrative law violation protocols for infringement of this procedure and apply administrative penalties; 14) carry out the search for and return of the items of movable cultural property stolen or unlawfully removed from the Republic of Lithuania and foreign countries; 15) fulfil other functions assigned by the Ministry of Culture. Article
- Competence of the Archives Department under the Government of Republic of Lithuania in the Sphere of the Protection of Archival Documents The Law on Archives shall determine the competence of the Archives Department under the Government of the Republic of Lithuania in the sphere of protection of archival documents. The procedure for record keeping, conservation and restoration of movable cultural property and monuments preserved in archives must be coordinated with the Ministry of Culture. Article
- Competence of County Governor in the Sphere of the Protection of Movable Cultural Property The county governor shall: 1) amass information regarding the items of movable cultural property included in the Register and located within the county; 2) have the right to propose to the Ministry of Culture the inclusion of items of cultural property in the Register; 3) draft programmes of county significance for the protection, conservation and restoration of cultural property and cooperate in the funding of such programmes according to the procedure established by law; 4) establish, fund, supervise, reorganise and close a county museum and other institutions of county significance connected with the protection of movable cultural property; 5) appoint and dismiss a county museum governor as well as a curator upon receipt of concurrence in writing from the Ministry of Culture. Article
- Competence of Municipality in the Sphere of the Protection of Movable Cultural Property The municipality shall: 1) amass information regarding the items of cultural property included in the Register which are located within the territory of the municipality; 2) be responsible for the protection of the movable cultural property of the municipality; 3) fund the research, conservation, restoration and installation of protection means for movable cultural property belonging to the municipality; 4) draft, fund and implement programmes for the protection of movable cultural property belonging to the local government; 5) verify the observance of regulations governing trade in antiques; 6) establish, fund, supervise, reorganise and close local museums and municipal libraries and other institutions connected with the protection of movable cultural property; 7) appoint and dismiss local museum and municipal library governors as well as local museum curators upon receipt of concurrence in writing from the Ministry of Culture. CHAPTER III. RECORDS OF MOVABLE CULTURAL PROPERTY Article
- State Records of Movable Cultural Property
- The objects listed in Article 3 of this Law and holding a lasting cultural value shall be included by in the State records of movable cultural property. The objects included in the State records and inventories of ecclesiastical institutions shall be considered national treasure and protected by the State.
- The State records of movable cultural property shall comprise an integral part of the protection of movable cultural property.
- The records of movable cultural property shall comprise: 1) inventory lists of movable cultural property preserved in the museums and libraries of Lithuania; 2) records accumulated by the Lithuanian Archival Fond; 3) the Register.
- The Minister of Culture shall establish the procedure for record keeping of movable cultural property preserved in museums and libraries.
- The Lithuanian Archives Department, in coordination with the Minister of Culture, shall establish the record keeping procedure for the items of movable cultural property preserved in archives.
- An item of movable cultural property shall be stricken from the State records where it is permanently dispatched from the country under interstate agreements as indicated in cases provided for in Article 24 of this Law. Article
- Inclusion of Movable Cultural Property in and Deletion from the Register
- The Register shall function in the manner prescribed by the Law on the State Registers and other legal acts.
- Based upon the conclusion reached as a result of appraisal by the commission of experts for the appraisal of movable cultural property, and upon approval by the National Cultural Heritage Commission, the Minister of Culture shall include the items of movable cultural property in the Register and delete them therefrom.
- . In exceptional cases, when there exists the danger of destruction of an item of movable cultural property or some other loss thereof, the Minister of Culture shall have the right to include the item of movable cultural property in the Register without following the procedure established in this Article.
- Parts of items of movable cultural property may also be included in the Register as individual items of movable cultural property.
- The owner of movable cultural property, a municipality, a county governor or the Ministry of Culture may propose the inclusion of the movable cultural property into the Register. Where the movable cultural object is not included into the Register, the Ministry of Culture must provide a reasoned response to the individual or institution that submitted the proposal.
- The owner of the item of movable cultural property included in the Register shall be issued rules for the protection of the item of movable cultural property and a certificate.
- Movable cultural property not belonging to the State may only be included in the Register upon permission by the owner, with the exception of instances whereby a permit is issued for its temporary export from the Republic of Lithuania or where it is threatened with destruction.
- Items of movable cultural property may be stricken from the Register where they have been acquired by state depositories or where it has been established by the commission of experts for the appraisal of movable cultural property that an item of movable cultural property: 1) has deteriorated or has been destroyed; 2) does not possess or has lost its lasting value.
- Register information shall be supplied to institutions ensuring the protection of movable cultural property.
- Publication of Register information concerning the owners and location of the protection site of movable cultural property shall be prohibited without permission by the owner. Article
- Cultural Monuments of Lithuania
- The most significant items of movable cultural property included in the State records, upon recommendation by the Minister of Culture based on the conclusions of the commission of experts for the appraisal of movable cultural property and upon approval by the National Cultural Heritage Commission, shall be declared cultural monuments of Lithuania by the Government.
- The decision on declaration of an item of movable cultural property a cultural monument of Lithuania may be annulled per decision of the Government in accordance with the procedure established in paragraph 1 of this Article. Article
- Lists of Fixed Assets and Low-Value Inventories of Cultural Value Held by Enterprises, Institutions and Organisations
- The fixed assets and low-value inventories of cultural value (works of fine and applied arts, musical instruments and other), of enterprises, institutions, organisations and also of political, religious and public organisations shall be included in separate records in the aforementioned institutions. The Ministry of Finance, in coordination with the Ministry of Culture, shall determine the procedure for including these objects in records.
- Officers of the institutions responsible for the protection of movable cultural property shall have the right to verify the lists of fixed assets and low-value inventories possessing cultural value and to propose the inclusion of items of movable cultural property in the Register according to the procedure established by law. CHAPTER IV. SAFE-KEEPING OF MOVABLE CULTURAL PROPERTY Article
- Safe-keeping of Movable Cultural Property in State Depositories
- Safe-keeping and accumulation of items of movable cultural property in state depositories shall comprise one of the basic parts in the State protection of movable cultural property. For this reason they shall be bought up, acquired in another fashion or accepted for safe-keeping based upon rights of deposit.
- Conditions and procedure for the safe-keeping of movable cultural property in state depositories shall be determined by the laws and other legal acts regulating the activities of Lithuania’s archives, libraries and museums.
- Documents regulating the protection of movable cultural property of state depositories designated as cultural monuments of Lithuania must establish additional requirements for protection, safe-keeping, conservation and restoration thereof. Article
- Safe-keeping of Items of Movable Cultural Property Included in the Register
- The Department of Cultural Heritage Protection shall prepare regulations on the protection of every item of movable cultural property included in the Register, fill in a movable cultural property certificate and deliver these to the owner, manager or user.
- Items of movable cultural property shall be kept in safety by their owners, managers or users. They shall observe the requirements of the regulations on the protection of movable cultural property.
- In seeking to preserve the items of movable cultural property included in the Register, the State shall: 1) prepare regulations on the protection of movable cultural property; 2) monitor how the owners, managers or users of movable cultural property observe the requirements established in the regulations on the protection of movable cultural property; 3) supervise trade in items of movable cultural property, their import into the Republic of Lithuania and their export therefrom; 4) fund the conservation, restoration and research of movable cultural property and organisation of protection means and display thereof at exhibitions; 5) furnish free expert consultations regarding establishment of authorship of movable cultural property, condition assessment, means required for the protection of items of movable cultural property, scientific inventory of the items and scientific investigation of movable cultural property and collections; 6) organise search for a missing item of movable cultural property.
- The Department of Cultural Heritage Protection shall supervise the observance of regulations on the protection of the items of movable cultural property included in the Register.
- Where the manager or user of movable cultural property fails to meet the requirements set forth in the protection regulations, the Department of Cultural Heritage Protection shall issue a written warning to him and to the owner of the cultural property and shall set a deadline for fulfilment of the requirements of the protection regulations. Where the manager or user of movable cultural property fails to meet the requirements of the protection regulations by the appointed date, the Department of Cultural Heritage Protection shall hold the right to demand that the owner of the item of movable cultural property take it from the manager or the user and ensure its proper protection. Article
- Compulsory Seizure of Movable Cultural Property Where the owner of an item of movable cultural property included in the Register fails to observe regulations on the protection of movable cultural property, mismanages it, or where this item faces danger of destruction through the owner’s fault, the item of movable cultural property may be taken from the owner for compensation/and compensation paid according to the procedure established by laws. Article
- State Support of the Owners of Items of Movable Cultural Property Included in the Register
- The following shall be funded from the State budget in accordance with programs approved by the Ministry of Culture: 1) work related to research, conservation, restoration and protection of items of movable cultural property declared as cultural monuments of Lithuania and equipping thereof with the means of protection; 2) work related to the examination of the items of movable cultural property included in the Register and 50 per cent of restoration and conservation work; 3) transportation and insurance of items of movable cultural property included in the Register and displayed at exhibitions which are organised by state institutions.
- The part of the expenses incurred by owners of the items of movable cultural property included in the Register in the performance of necessary conservation, restoration and research work on exhibited, or made otherwise accessible to the public, items of movable cultural property shall be compensated from the resources of the fund for the protection of cultural property according to the procedure established by the fund for the protection of movable cultural property.
- Where movable cultural property becomes either partially or totally destroyed through the fault of the owner, or its value is otherwise lost, the funds invested by the State in restoration, conservation, research and installation of protection means may be exacted from the owner. Article
- Conservation and Restoration of Movable Cultural Property
- Only restorers who have been certified by the certification commission of the Ministry of Culture may conserve and restore movable cultural property.
- The restoration council shall approve a programme for the restoration and conservation of movable cultural property, control the work process and quality and accept the work.
- The Ministry of Culture shall determine the procedure for conservation and restoration, while the Department of Cultural Heritage Protection shall supervise adherence thereto. CHAPTER V. TRANSACTIONS INVOLVING MOVABLE CULTURAL PROPERTY, MOVABLE CULTURAL PROPERTY EXPORT FROM AND IMPORT INTO THE REPUBLIC OF LITHUANIA Article
- Transactions Involving Items of Movable Cultural Property Included in the Register
- Owner of an item of movable cultural property included in the Register, wishing to sell it or to otherwise transfer it, must advise the future owner concerning this item’s status and regulation requirements on protection thereof.
- Transactions involving items of movable cultural property included in the Register must be drawn up in writing and be registered within one month with the Department of Cultural Heritage Protection, which shall enter the new owner on a certificate of movable cultural property and provide him with regulations on the protection of said property.
- A transaction involving movable cultural property and drawn up with failure to observe the requirements of this article shall be deemed invalid. Article
- Trade in Antiques
- Trade in antiques shall only be permitted upon receipt of a license (permit) issued by the Department of Cultural Heritage Protection. The procedure for issuing licenses (permits) shall be determined by the Government or its authorised institution.
- The Government shall establish the regulations for trade in antiques.
- Trade in antiques shall be supervised by the Department of Cultural Heritage Protection and municipality.
- The Department of Cultural Heritage Protection shall have the right to suspend, for a period of 15 days, the sale of an antique object by a shop engaged in the antique business. Where experts establish, within the specified period of 15 days, that the antique object is movable cultural property, it may be purchased by the State or included in the Register upon permission by the owner.
- State depositories shall be vested with a priority right to acquire items of movable cultural property included in the Register and found in shops engaged in the antique business and also at auctions. State depositories shall not hold the right to engage in competitive bidding at auctions. The representative of a state depository shall have the right to purchase that item of cultural property once the final price thereof has been announced. Article
- Export of Movable Cultural Property and Antiques from the Republic of Lithuania and Return of Movable Cultural Objects Unlawfully Removed from the Republic of Lithuania
- The Government shall establish the procedure for exporting movable cultural property and antiques from the Republic of Lithuania and returning of movable cultural objects unlawfully removed from the territory of a Member State of the European Union.
- The Department of Cultural Heritage Protection shall issue a licence to export movable cultural property and antiques the export of which requires a licence in accordance with a list confirmed by the Government. In order to establish the cultural value of items of movable cultural property and antiques and to appraise them, the Minister of Culture shall form a council of experts for the export of movable cultural property. The decision regarding an export licence must be adopted within 15 days from the day of request. The Minister of Culture shall have the right to extend this time limit for up to 30 days.
- Where the council of experts determines that the item intended for export is an object of art or an antique object whose absence from Lithuania would impoverish the cultural heritage of Lithuania, a licence for permanent export thereof shall not be issued. Under these circumstances, the object of art or the antique object may be included in the Register or purchased by the State. The Department of Cultural Heritage Protection may allow to export such an object of art or antique object temporarily (up to 3 years) for the purpose of cultural exchange or for other purposes. Where the council of experts determines that the item intended for export is not significant for the cultural heritage of Lithuania, a licence shall be issued upon the request of the owner to export the item permanently or temporarily (up to 3 years).
- The Law on Archives shall establish the procedure for export and import of archival documents.
- The Lithuanian Archives Department shall issue licences for export of archival documents from the Republic of Lithuania.
- An item of movable cultural property included in the Register or preserved in a state museum or library may not be permanently exported from the Republic of Lithuania. It may only be exported temporarily (for a period of up to 3 years) subject to a licence issued by the Department of Cultural Heritage Protection. Such an item of movable cultural property, upon receipt of concurrence from the National Cultural Heritage Commission, may only be exported from the Republic of Lithuania in accordance with interstate agreements: 1) in the event of exchange of items of movable cultural property, upon determination by a commission of experts for the appraisal of movable cultural property that the item of movable cultural property received on an exchange basis is unquestionably more significant to Lithuania’s culture than the item of movable cultural property given in exchange; 2) in the event of the return of the item of movable cultural property to the state whence it had been removed unlawfully.
- Special manuscript religious texts (Torahs), rewritten exclusively for ritual use and associated with a ritual and included in the Register or preserved in a state museum or a library may, upon a respective resolution adopted by the Government in the manner prescribed by law, be permanently exported from the Republic of Lithuania for ritual purposes.
- Obligation of the Government of the Republic of Lithuania concerning the movable cultural property of foreign countries temporarily brought into the Republic of Lithuania may be applied according to the procedure established by the Government of the Republic of Lithuania.
- Items of movable cultural property and antiques stolen or illegally exported from foreign countries parties to the UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects shall be returned to the foreign country requesting their return upon a respective decision of a court of the Republic of Lithuania. In all cases, claims may be brought before a court not later than 50 years since the item was stolen, or where after the expiry of the term of temporary export of the item specified in the export licence, it was not returned to the requesting foreign state or was illegally removed from the territory of the requesting foreign state. The institution authorised by the foreign state may refer to the Ministry of Culture not later than within 3 years from the day when the requesting foreign state established the location of the items of movable cultural property and antiques and the identity of their manager or user.
- Items of movable cultural property and antiques stolen or illegally exported from foreign countries Member States of the European Union shall be returned to the foreign country requesting their return upon a respective decision of a court of the Republic of Lithuania. In all cases, such an claim may be brought before a court not later than 30 years since the item was illegally removed from the territory of the requesting foreign state. The institution authorised by the foreign state may refer to the Ministry of Culture not later than within 1 year from the day when the requesting foreign state established the location of the items of movable cultural property and antiques and the identity of their manager or user.
- Items of movable cultural property and antiques stolen or illegally exported from foreign countries neither Member States of the European Union nor parties to the UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects shall be returned to the foreign country requesting their return upon a respective decision of a court of the Republic of Lithuania. The institution authorised by the foreign state may submit its request in accordance with the limitations determined by the Civil Code of the Republic of Lithuania, unless international treaties parties to which are the Republic of Lithuania and the requesting foreign state provide otherwise.
- Proceedings on the return shall not be initiated where at the time of the initiation of the proceedings the export of an item of movable cultural property or an antique object from the territory of the requesting foreign state is not longer illegal.
- Where cultural objects in the Member States of the European Union form an integral part of collections belonging by right of ownership to the State, municipalities, or public organisations and are included in inventory lists of protected collections of museums, archives or libraries, also in respect of ecclesiastical movable cultural property in the Member States in which especial protection provisions are applied consistent with the law of the respective State, restitution proceedings shall be subject to a time limitation of 75 years from the time of the illegal removal of the object from the territory of the requesting European Union, with the exception of the cases in which such proceedings in certain Member States are not subject to any time limitations, and the cases in which bilateral agreements have been concluded between the Member States providing for a period longer than 75 years. The institution authorised by a Member State of the European Union shall refer to the Ministry of Culture within 3 years from the time when the requesting Member State of the European Union established the location of the cultural objects and the identity of their manager or user.
- Where cultural objects in the countries parties to the UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects form an integral part of collections belonging by right of ownership to the State, municipalities, or public organisations and are included in inventory lists of protected collections of museums, archives or libraries, also in respect of ecclesiastical movable cultural property in the Member States in which especial protection provisions are applied consistent with the law of the respective State, restitution proceedings shall not be subject to any time limitations. The institution authorised by a Member State of the European Union shall refer to the Ministry of Culture within 3 years from the time when the requesting Member State of the European Union established the location of the cultural objects and the identity of their manager or user.
- The institution authorised by a foreign state shall refer its claim for the restitution of stolen items of movable cultural property and antiques or its claim for the restitution of illegally exported movable cultural property and antiques to the Ministry of Culture of the Republic of Lithuania within the time limitations specified in this article; this shall be an institution of the Republic of Lithuania accepting claims for the restitution of stolen items of movable cultural property and antiques or claims for the return of movable cultural property or antiques and referring them to courts of the Republic of Lithuania.
- The Ministry of Culture shall refer to the institution authorised by a Member State of the European Union regarding the restitution (return) of the items of movable cultural property and antiques illegally exported from the territory of the Republic of the Lithuania with a claim for the return of movable cultural property and antiques illegally exported from the territory of the Republic of the Lithuania and shall ensure their return. Article
- Repealed as of 24 December
- CHAPTER VI. FUNDING OF THE PROTECTION OF MOVABLE CULTURAL PROPERTY Article
- Funding of the Protection of Movable Cultural Property
- The protection of movable cultural property shall be funded from the funds of the owners, managers or users thereof.
- The following shall be funded from the State budget: 1) maintenance of state depositories and other institutions involved in the protection of movable cultural property; 2) research, conservation, restoration and installation of the protection measures of movable cultural property owned by the State; 3) State records of movable cultural property; 4) buying out of movable cultural property, compulsory seizure and conservation and restoration work of movable cultural property, installation of protection measures and the transportation and insurance of movable cultural property as provided for in paragraph 1 of article 20 of this Law; 5) implementation of State programmes for the protection of movable cultural property; 6) search and return of illegally removed or stolen movable cultural property; 7) maintenance of institutions ensuring the protection of movable cultural property.
- Municipal budgets shall fund: 1) maintenance of depositories and other institutions involved in the protection of items of movable cultural property and established by municipalities; 2) installation of the protection measures of movable cultural property belonging to municipalities and research, conservation and restoration of movable cultural property; 3) municipal programmes for the protection of movable cultural property. Article
- Movable Cultural Property Protection Fund
- A fund for the protection of movable cultural property shall be established at the Ministry of Culture the provisions whereof shall be confirmed by the Government.
- The Fund’s budget shall comprise: 1) penalties for infringement of regulations on the protection of movable cultural property, trade in antiques, and conservation and restoration of movable items of cultural heritage; 2) targeted allocations of the State budget; 3) funds obtained from the sale of seized items of movable cultural property and antiques; 4) support obtained from the State, municipalities, natural and legal persons; 5) other legally obtained funds.
- The Fund shall: 1) finance the purchase by state depositories of movable cultural property intended for export or sale; 2) provide compensation to owners of the items of movable cultural property included in the Register that are being exhibited or made otherwise accessible to the public for expenses incurred during conservation, restoration and research work. CHAPTER VII. LIABILITY FOR VIOLATION OF THE LAW Article
- Liability for Violation of the Law Persons in violation of this Law shall be liable according to the procedure established by laws of the Republic of Lithuania. I promulgate this Law passed by the Seimas of the Republic of Lithuania. PRESIDENT OF THE REPUBLIC ALGIRDAS BRAZAUSKAS Annex to Republic of Lithuania Law on Protection of Movable Cultural Property EU LEGAL ACTS IMPLEMENTED BY THE LAW ON PROTECTION OF MOVABLE CULTURAL PROPERTY
- Council Directive 93/7/EEC of 15 March 1993 on the return of cultural objects unlawfully removed from the territory of a Member State.
- Directive 96/100/EC of the European Parliament and of the Council of 17 February 1997 amending the Annex to Directive 93/7/EEC on the return of cultural objects unlawfully removed from the territory of a Member State.
- Directive 2001/38/EC of the European Parliament and of the Council of 5 June 2001 amending Council Directive 93/7/EEC on the return of cultural objects unlawfully removed from the territory of a Member State.
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