Export Licensing legislative framework in the UK

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Export Licensing legislative framework in the UK

• Export of Objects of Cultural Interest (Control)
  Order 2003
• Open General Export Licence (Objects of Cultural
  Interest) 2004
• Open Individual Export Licences
• Council Regulation (EEC) 3911/92

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History of UK Export Legislation

• Import Export and Customs Powers (Defence) Act
  1939
• Waverley Committee Report September 1952
• (EEC) regulation 3911/92
• Export of Objects of Cultural Interest (Control)
  Order 2003
• Open General Export Licence 2004

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Export of Objects of Cultural Interest (Control)
Order 2003

• Any objects of cultural interest manufacture or
  produced more than 50 years before the date of
  export
• All objects are prohibited to be exported to any
  destination without a licence
• Any licence maybe varied, suspended or revoked by
  the Secretary of State
• Imprisonment not exceeding 2 years and or a fine

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Open General Export Licence (Objects of Cultural
Interest) 2004

• Article 2 of the Export of Objects of Cultural
  Interest (Control) Order 2003
• Thresholds regularly reviewed, Duthy Index
• Waverley Criteria and Exports to Europe

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OGEL limits for the export of cultural goods

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Open Individual Export Licences

• Museums Galleries
• Manuscripts
• Coins
• Antiques
• Soil

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Council Regulation (EEC) 3911/92

• Applies to EU and EU Customs territories
• Establishes financial thresholds
• Thresholds have not been changed since 1993
• Any changes must be agreed by qualified majority
  voting
• An obligation on all EU states to ensure an
  object has the correct paperwork to leave the EU

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EU categories for the export of cultural goods

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EU categories for the export of cultural goods
continued

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Dealing in Cultural Objects (Cultural) Act 2003

• Acquiring, disposing of, importing or exporting
  tainted cultural objects, or agreeing or
  arranging to do so
• Tainted removal from an excavation, a building
  of interest, or a monument of interest anywhere
  in the world
• Imprisonment for a term not exceeding 7 years and
  or a fine

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Numbers of Export Licences issued

• 10 Exporters account for 50 of all export
  licences
• 1,600 licences for EU destinations
• 8,400 licences for destinations outside the EU
• Annual combined value of 5.5 billion

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