Before 29 March 2019 (may also apply to new exit date on 31 December 2020)

At present there are no licensing requirements for objects of cultural interest for import into the UK or EU.

There are currently two licensing regimes in place for the export of cultural goods from the UK:

  1. UK law applies for exports to any foreign destination;
  2. EU regulations apply to objects travelling outside the EU.

Although licences are often required under both regimes for objects intended for export outside the EU, the UK system has been adapted so that exporters usually only need to obtain one specific individual export licence (which may cover more than one object).

Both licensing systems are administered by Arts Council England (ACE) and you can read ACE’s Procedures and Guidance for Exporters. This guidance advises you which licence to apply for and outlines the lead times for issuing licences.

With limited exceptions, these are:

  • 5 working days where an object has been imported into the UK within the last 50 years
  • 28 working days where the object has not been imported within the last 50 years

Licences are applied for and issued on paper, and at present potential exporters should contact ACE for licence application forms and further guidance on current processes.

Current policy normally grants an export licence for any object which has been imported into the UK within the last 50 years.

If an EU licence is required, this is subject to sufficient evidence being provided to show that any export of the object from a member of the European Customs Union on or after 1 January 1993 was lawful and definitive.

After 29 March 2019 (may also apply to new exit date on 31 December 2020) if there’s no deal

What you need to do to export from the UK to the EU and the rest of the world

In autumn 2018 a Statutory Instrument will be laid that would revoke the relevant EU regulations in relation to the cultural objects export licensing system on exit day.

From that date, if there’s no deal, you would need only a UK licence to export cultural objects from the UK to any destination, and we will stop issuing EU licences. ACE will distribute guidance on any changes to the UK licensing system to reflect new procedures.

Further information will follow in the New Year about whether and how the UK export licensing system will have regard to legal and definitive dispatch from other countries.

EU licences issued by ACE before exit day would be valid for export at UK borders after exit day for the duration of their validity (the period of validity for EU export licences cannot exceed 12 months).

Likewise, the offences, rights, obligations, and restrictions relating to licences will continue to apply after exit day. For example, if a person is granted an EU licence in the UK before exit day on the condition that the object be returned to the UK within one year, and after exit day acts under the authority of the licence by removing the item from the UK but fails to comply with that condition by not returning the object, that will still constitute an offence under UK legislation in the same way as it would have before exit day.

At present there are no licensing requirements for objects of cultural interest for import into the UK or EU.

What you need to do to export from the EU to the UK and the rest of the world

If you hold an EU licence issued by the UK authority before exit day, and hope to use it to authorise the export of objects of cultural interest to destinations outside the EU after exit day, you should also take any further steps to ensure uninterrupted compliance with the EU and individual EU countries’ licensing regimes, as appropriate for your individual circumstances.

Individuals and businesses moving objects of cultural interest from the EU to the UK will already be familiar with domestic export licensing systems of various EU countries. After EU-exit, these movements may also be subject to the EU export licensing system. In some cases, this may mean that you would have to fulfil further administrative requirements. You would be encouraged to consult the licensing authorities in the country of export.

At present there are no licensing requirements for objects of cultural interest for import into the UK or EU.

Early in the New Year the Export Licensing Unit at ACE would announce a cut-off, after which they would not process and issue EU licences before exit-day. There would be two cut-off dates: one for applications that need to be referred to expert advisers, and a later one for applications that do not. Please refer to the Statutory Guidance and the Procedures and Guidance for Exporters for further details on this distinction.

After these dates, applicants would be required to send in applications for all exports on UK export licence forms.

Contact McMahon Legal 

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