GOVERNMENT OF THE REPUBLIC OF LITHUANIA Translation from Lithuanian GOVERNMENT OF THE REPUBLIC OF LITHUANIA R E S O L U T I O N No. 750 On the Procedure of Import to the Republic of Lithuania and Export from the Republic of Lithuania of Movable Items of Cultural Heritage and Antiques Vilnius, 25 June 1996 In accordance with Article No. 24 of the Law on Protection of Movable Items of Cultural Heritage and Antiques, the Government of the Republic of Lithuania r e s o l v e s:
- To approve the attached: 1.
- the procedure of import to the Republic of Lithuania and export from the Republic of Lithuania of movable items of cultural heritage and antiques; 1.
- list of movable items of cultural heritage and antiques which in case of their export from the Republic of Lithuania require export permit of the Department of Protection of Cultural Heritage of the Ministry of Culture;
- Recognize as invalid Resolution No. 927 on “Approval of the Provisions of Export (Sending) from the Republic of Lithuania and Import of Items of Cultural Heritage and Antiques to the Republic of Lithuania” approved by the Government of the Republic of Lithuania on 7 December 1992 (Records, 1993, No. 1 - 8). Prime Minister Mindaugas Stankevièius Minister of Culture Juozas Nekroðius APPROVED by Resolution No. 750 of 25 June 1996 of the Government of the Republic of Lithuania Procedure of Import to the Republic of Lithuania and Export from the Republic of Lithuania of Movable Items of Cultural Heritage and Antiques General Provisions
- The present provisions shall regulate the procedure of import and receiving (further referred to as import) to the Republic of Lithuania and export and sending (further referred to as export) from the Republic of Lithuania of movable items of cultural heritage and antiques (except for archive documents).
- Movable items of cultural heritage, subject to their purpose and nature, shall be movable material works created by society and an individual 50 years ago and earlier, and other items of great cultural value, i.e. items important from their ethnic, archaeological, historic, artistic, technical religious and other points of view, and if they represent typical and specific phenomena of the national life; movable items of cultural heritage may be works of great cultural value created later than 50 years ago. Antiques shall be all material works and other items or their parts created by society or an individual 50 years ago and earlier irrespect of their standing heritage value.
- Prohibition is imposed on irreversible export of movable items of cultural heritage (further referred to as items of cultural heritage) and antiques, included into the Register of Movable Items of Cultural Heritage, which are also preserved in museums and libraries of the Republic of Lithuania, or if the board of experts decides that the item to be exported bears value which absence would impoverish Lithuania’s cultural heritage.
- Items of cultural heritage and antiques, included into the list approved by this resolution of movable items of cultural heritage and antiques which in case of their export from the Republic of Lithuania require an export permit of the Department of Protection of Cultural Heritage of the Ministry of Culture, may be exported from the Republic of Lithuania upon the receipt of a permit of the Department of Protection of Cultural Heritage of the Ministry of Culture (further referred to as the Department of Protection of Cultural Heritage). Works of modern fine arts and applied arts (except for the works containing amber) not older than 50 years purchased in art galleries (shops) may be exported from the Republic of Lithuania without a permit of the Department of Protection of Cultural Heritage, if, according to the procedure established by the Department of Protection of Cultural Heritage, an art gallery (shop) issues a document specifying the following catalogue data of the art work (author, name, material, implementation technique, dimensions or weight, year of creation).and a purchase-sale document/documents, which, upon the export of an item, shall be produced to the customs.
- Not later than within 15 days from the first day of receipt of application, the Department of Protection of Cultural Heritage shall present a reply whether it is permitted to export an item of cultural heritage or antique from the Republic of Lithuania. The Minister of Culture shall have the right to extend this term up to 30 days. Irreversible Export of Items of Cultural Heritage and Antiques
- Legal and natural persons, willing to obtain a permit to irreversibly export items of cultural heritage or antiques, shall have to submit to the Department of Protection of Cultural Heritage the following: 6.
- an application including catalogue data of the item of cultural heritage or antique (author, name, material, implementation technique, dimensions or weight, year of creation); 6.
- items of cultural heritage or antiques to be exported; 6.
- two photos of each item of cultural heritage or antique (9x13 or 13x18 cm in size); 6.
- other necessary documents (in order to irreversibly export earlier imported (imported for home use) items of cultural heritage or antiques, customs declaration approving the import of an item of cultural heritage or antique shall be submitted to the Department of Protection of Cultural Heritage).
- If an item of cultural heritage or antique is permitted to be irreversibly exported, an owner of the item shall receive a permit of the established form, which shall be signed and approved with a seal by an officer in charge of issuance of permits. The same seal and signature shall be attached to lists and photos of items of cultural heritage or antiques to be exported. In cases established by the Department of Protection of Cultural Heritage a seal shall be attached to an item of cultural heritage or antique itself, or such item shall be sealed. Signature and seal samples of officers in charge of permit issuance shall be approved by the Director of the Department of Protection of Cultural Heritage and shall be presented to the Customs Department under the Ministry of Finance (further referred to as the Customs Department). The permit shall be valid for one year from the date of its issuance. The seal (marking) “irreversibly” shall be attached to the permit at the place indicating purpose of export.
- Upon export of items of cultural heritage or antiques, an item of cultural heritage or antique itself, permit of the established form, photos of the item of cultural heritage or antique shall be presented to the customs. An item of cultural heritage or antique to be exported shall be declared at the customs in written form. Temporary export of items of cultural heritage or antiques
- Legal or natural persons may temporarily transport items of cultural heritage or antiques to cultural or artistic events or for processing (restoration, conservation, repair, development) by natural and legal persons holding an invitation of an organizer of the event or a contract of exhibition or event to be held, processing (restoration, conservation, repair, development) of the item of cultural heritage or antique to be made and who, according to the established procedure upon the implementation of customs clearance procedure for temporary export, shall present a permit of the Department of Protection of Cultural Heritage.
- Items of cultural heritage or antiques may be temporarily exported to diplomatic or consular institutions of the Republic of Lithuania for the term established by recommendations of the Ministry of Foreign Affairs of the Republic of Lithuania. Upon transporting items of cultural heritage from state depositories, it is necessary to hold an order of the Minister of Culture as well as insurance documents of these items of cultural heritage.
- To temporarily export items of cultural heritage or antiques, an application and the list of items of cultural heritage or antiques (by indicating their catalogue data and prices in litas), two photos of each item of cultural heritage or antique (9x13 or 13x18 cm in size) shall be presented to the Department of Protection of Cultural Heritage, and, if required by the Department of Protection of Cultural Heritage, items themselves.
- Upon temporary export of musical instruments abroad, the Department of Protection of Cultural Heritage shall receive an application of a concert organization or an artist, lists of instruments and two photos of each (9x13 or 13x18 cm in size). It is necessary to hold passports of the established form for stringed instruments and fiddle-sticks which shall be issued by the Department of Protection of Cultural Heritage. Upon travel abroad and returning to the Republic of Lithuania, customs officers shall make relevant markings in these passports.
- To temporarily export items of cultural heritage or antiques a permit of the established form shall be issued, signed and approved with a seal by an officer in charge of permit issuance. The same seal and signature shall be attached to the photos and lists of items of cultural heritage or antiques to be exported. The seal (marking) “temporarily” shall be attached to the permit at the place indicating purpose of export.
- The return of temporarily exported items of cultural goods or antiques shall be subject to control by the Department of Protection of Cultural Heritage and customs. Persons failing to return temporarily exported items of cultural heritage or antiques in due time shall be liable subject to the procedure established by laws. Forms of Permits for the Export of Items of Cultural Heritage and Antiques
- Forms of permits for the export of items of cultural heritage and antiques shall be documents of strict accountability, printed at a printing-house with its name and properties. The form shall be filled in two copies: one shall be designated for the permission to export items of cultural heritage and antiques, the second one shall be kept at the archives of the institution which has issued the permit. The form shall be filled in the national language either by way of typing or electronic means, or it may be filled in by hand (in ink and capital letters). While filling in the form, it shall not be allowed to make any corrections, changes, erasure or do anything likewise. Upon a loss of the permit form and upon the submission of a written explanation, motivating the reason, its duplicate shall be issued with the marking “Duplicate”. The Customs Department shall be informed about the loss of the form and the issuance of its duplicate. Import of Movable Items of Cultural Heritage and Antiques to the Republic of Lithuania
- Import of movable items of cultural heritage and antiques to the Republic of Lithuania shall not be limited.
- Movable items of cultural heritage and antiques which were temporarily imported or temporarily imported for processing (restoration, conservation, repair, development) may be returned abroad without the permit of the Department of Protection of Cultural Heritage , if customs clearance procedure upon their temporary import or temporary import for processing (restoration, conservation, repair, development) was carried out according to the established procedure, after their catalogue data was presented; in case items of cultural heritage or antiques may not be identified, the customs shall have the right to demand the permit of the Department of Protection of Culture Heritage.
- Temporarily imported stringed instruments shall be included into the customs declaration.
- If paragraphs 17 - 18 of the present provisions are violated, temporarily imported items of cultural heritage and antiques shall be imported according to the procedure established in paragraphs 6 -
- Taxes for Irreversibly Exported Items of Cultural Heritage and Antiques
- Stamp tax shall be collected for the issuance of permits to irreversibly export from the Republic of Lithuania items of cultural heritage and antiques; the amount of tax and the procedure of collection shall be established by the Government of the Republic of Lithuania.
- Stamp tax shall not be collected for permits to irreversibly export from the Republic of Lithuania the following: 21.
- items of cultural heritage not older than 50 years; 21.
- items of cultural heritage and antiques from persons leaving for permanent residence abroad, if the permit has the marking “Permanent residence”. Expertise of Movable Items of Cultural Heritage and Antiques
- Expertise of items of cultural heritage and antiques shall be carried out and other services, related to the export of items of cultural heritage and antiques, shall be rendered according to the procedure established by the Department of Protection of Cultural Heritage. _______________________ APPROVED by Resolution No. 750 of 25 June 1996 of the Government of the Republic of Lithuania List of Movable Items of Cultural Heritage and Antiques for the Export of Which from the Republic of Lithuania a Permit of the Department of Protection of Cultural Heritage of the Ministry of Culture is Required Description of items Code of items* Paintings, pastels, sketches, studies; collages and similar decorative plaques; miniatures, paintings on various materials; original artistic assemblings out of various materials; icons 97.01 Graphic works (drawings, original engravings, prints, lithographs, ex libris) 97.02 Sculpture works (in any material) 97.03 Postage stamps or marks of stamp tax, first-day covers and the like, used, or if not used, - not of current or new issue in the country to which they are destined, - issued until 1960 ex 97.04 Collections or collectors’ pieces of historical, archeological, ethnographic and numismatic interest ex 97.05 Books, periodicals, reproductions and other printed matter, manuscripts (older than 50 years) ex 49 ch. Postage stamps of value exceeding 250 French francs according to the Ivero catalogue of the current year, banknotes and other securities issued until 1960 ex 49.07 Articles of precious metals, precious stones, pearls; requisites used in religious ceremonies; medals and awards (older than 50 years) ex 71.13-71.16 Coins minted until 1960 ex 71.18 Worked ivory, bone, tortoise-shell, coral, mother-of-pearl, other curving material, and articles of these materials; worked vegetable and mineral curving material and articles of these materials 96.01-96.02 Unworked nuggets of precious metals, precious stones, semi-precious stones, pearls, coral and amber ex 05.08, 2530.90.90.0, 71.01-71.03, 7106.91, ex 71.08, ex 71.10 Articles of applied arts made of glass, enamel, ceramic, textile, metal, leather, wood, amber and other materials (furniture, tapestries, carpets, costumes, dishes, clocks and watches); embroidery, knitted trimmings, lace and fabrics; works of folk art; ethnographic necessities, requisites used in religious ceremonies ex 42 ch., ex 44.14-44.21, ex 57 ch., ex 58 ch., ex 61 ch., ex 62 ch., ex 63 ch., ex 69.11-64.14, ex 70.13, ex 70.18, ex 71.17, ex 73 ch., ex 74.18, ex 75.08, ex 76.15, ex 79.07, ex 80.07, ex 82 ch., ex 83 ch., ex 91 ch., ex 94 ch. Documentary and fiction cinematographic films and photographs; negatives thereof (older than 50 years) ex 37.04-37.06, ex 4911.91.80.0 Parts of buildings bearing architectural value - frescoes, mosaics, stained glass; fragments thereof, hearth tiles, tower clocks and other (of an age exceeding 50 years) ex 68.02 ex 69.07-69.08, ex 69.14, ex 70.16, ex 91.05 Arms (older than 50 years) ex 93 ch. Musical instruments 92 ch. Gramophone records and records for record-player (older than 50 years) ex 8524.10 Articles bearing engineering and technology historical value, articles of auto-engineering and mechanics produced until 1950; particles thereof ex 82-90 ch. *The codes of items are provided according to the Combined Goods Nomenclature of European Economic Communities with reference to the section, heading and sub-heading under which the item is classified or might be classified.