Exporting objects of cultural interest if there’s no Brexit deal
Updated 6 February 2019
Delivering the deal negotiated with the EU remains the government’s top priority. This has not changed.
However, the government must prepare for every eventuality, including a no deal scenario.
For 2 years, the government has been implementing a significant programme of work to ensure that the UK is prepared to leave the EU on 29 March 2019 (may also apply to new exit date on 31 December 2020).
It has always been the case that as we get nearer to that date, preparations for a no deal scenario would have to be accelerated. We must ensure plans are in place should they need to be relied upon.
In the summer, the government published a series of technical notices setting out information to allow businesses and citizens to understand what they would need to do in a no deal scenario so they can make informed plans and preparations.
This technical notice offers guidance for continued planning in the event of no deal.
Also included is an overarching framing notice explaining the government’s approach to preparing the UK for this outcome in order to minimise disruption and ensure a smooth and orderly exit.
We are working with the devolved administrations on technical notices and we will continue to do so as plans develop.
This notice clarifies the procedures for export licensing for objects of cultural interest in the event that the UK leaves the EU in March 2019 with no agreement in place. It is therefore specific to exports of this type.
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:
- UK law applies for exports to any foreign destination;
- 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.
Normally 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 was laid (SI 2018 no. 1186) that will revoke the relevant EU regulations in relation to the cultural objects export licensing system on exit day, if there’s no deal.
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.
If there’s no deal, the existing statutory guidance] and the existing Open General Export Licence will both be amended. Draft amended versions of both are available now on the ACE website. These are for information only, and may be subject to minor changes.
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 standard 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, the conditions of a temporary EU licence issued by the UK before exit day (such as a deadline for return of the object to the UK) will continue to apply and be enforceable after exit day.
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 plan to use it to authorise exports 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.
If there’s no deal, the Export Licensing Unit at ACE will announce a date after which they cannot guarantee to process and issue EU licences before exit day. There would be two such 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 advised to send in applications for all exports on UK export licence forms.
More information
A statutory instrument revoking the EU regulations governing the EU export licensing regime was laid in autumn 2018 (SI 2018 no. 1186).
Find out more about the current Statutory Guidance and current Procedures and Guidance for Exporters.
More information and instructions will be published in the coming months. We aim to give businesses and individuals as much certainty as possible as soon as we can, and to ensure that any new requirements are not unduly burdensome.
This notice is meant for guidance only. You should consider whether you need separate professional advice before making specific preparations.
It is part of the government’s ongoing programme of planning for all possible outcomes. We expect to negotiate a successful deal with the EU.
The UK government is clear that in this scenario we must respect our unique relationship with Ireland, with whom we share a land border and who are co-signatories of the Belfast Agreement. The UK government has consistently placed upholding the Agreement and its successors at the heart of our approach. We recognise the basis it has provided for the deep economic and social cooperation on the island of Ireland. This includes North-South cooperation between Northern Ireland and Ireland, which we’re committed to protecting in line with the letter and spirit of Strand two of the Agreement.
The Irish government have indicated they would need to discuss arrangements in the event of no deal with the European Commission and EU Member States. The UK would stand ready in this scenario to engage constructively to meet our commitments and act in the best interests of the people of Northern Ireland, recognising the very significant challenges that the lack of a UK-EU legal agreement would pose in this unique and highly sensitive context.
It remains, though, the responsibility of the UK government to continue preparations for the full range of potential outcomes, including no deal. As we do, and as decisions are made, we’ll take full account of the unique circumstances of Northern Ireland.
Norway, Iceland and Liechtenstein are party to the Agreement on the European Economic Area and participate in other EU arrangements. As such, in many areas, these countries adopt EU rules. Where this is the case, these technical notices may also apply to them, and EEA businesses and citizens should consider whether they need to take any steps to prepare for a ‘no deal’ scenario.
