Which Items Are Considered Cultural Values
The Georgian law on the export and import of cultural values applies to rare collections and specimens of interest to flora, fauna, mineralogy and paleontology; to values connected with history, including the history of science and technology, wars and society, as well as with the lives of national figures, thinkers, scientists, artisans and sportsmen and with nationally significant facts; to archaeological finds; to fragments of artistic, historical and archaeological monuments; to inscriptions, coins and seals more than 100 years old; to ethnographic material; to canvases, paintings and pictures executed by hand in any material (with the exception noted below) and to objects of applied art; to original works of sculpture made of any material; to original engravings, prints and lithographs; to original assemblages and montages made of any material; to rare manuscripts and incunabula, old books, gospels and editions that arouse special historical, artistic, scientific, literary or other interest, individually or as collections; to postage, tax and similar stamps withdrawn from circulation, individually or as collections; to archives, including phono-, photo- and film archives; and to furniture more than 100 years old and old musical instruments. The law does not apply to contemporary souvenir articles and to serial, mass-produced items of cultural designation.
Export, Import and the Criterion of Illegality
The law distinguishes four forms of movement of a value. The export of a cultural value from Georgia is the movement, by any person crossing the state border, of a value existing on the territory of Georgia without the obligation to bring it back, while temporary export is the same movement with the obligation to bring it back within established deadlines. Import from abroad means the bringing in of a cultural value across the state border without the obligation to take it back out, and temporary import means bringing it in with the obligation to take it back out within established deadlines.
The export from Georgia, the import into Georgia and the transfer of the right of ownership of a cultural value are considered illegal if the requirements provided for by this law and the legislation of Georgia are violated. Separately, the import into Georgia is prohibited of a cultural value which, on the basis of a notification of the competent authorities of a foreign state, has been declared wanted.
A special rule protects the good-faith purchaser: where a cultural value illegally imported into the territory of Georgia is removed and returned to its lawful owner, the claiming party — if it is a state party to an international treaty of Georgia, its citizen or legal person — must pay compensation to the good-faith purchaser of that cultural value, provided such compensation is envisaged by that international treaty. In other cases payment is made voluntarily or in accordance with the legislation of Georgia.
The Competence of the Ministry
In the sphere of the export, temporary export, import and temporary import of cultural values the ministry promotes the creation of the regulatory legislative base and the creation and development of appropriate scientific and technical institutions; establishes the state protection list and registry of the cultural values to which the law applies; carries out the passportization of cultural values; takes decisions on export and temporary export; ensures the conduct of the compulsory state expertise of a value declared for export from Georgia and of its return to Georgia after temporary export; issues permits for export or temporary export; carries out the state registration of cultural values temporarily imported into Georgia; supplies society with information about the loss or violation of cultural values both in Georgia and beyond its limits through publications, mass information and other lawful means; and, in accordance with the international obligations of Georgia, takes measures to protect the rights and lawful interests of the owner of a cultural value.
The state regulation of the export from Georgia and import into Georgia of monuments of cultural heritage kept in the museums and depositories of Georgia is exercised by the ministry on the basis of the conclusion of the Council for the Protection of Cultural Heritage, which means that taking museum collections abroad is additionally subject to collegiate assessment.
State Expertise and the Reimbursement of Its Cost
The statute on the procedure for conducting the expertise of cultural values is approved by the ministry. If, upon the study (examination) of a cultural value declared for export, it turns out that it bears the signs of a monument of cultural heritage but has not been granted that status, the ministry decides no later than 15 days on extending the deadline for considering the application. If the ministry does not grant the cultural value the status of a monument of cultural heritage within 3 months from receipt of the application, it issues the export permit. Where the declarant of the export or temporary export disagrees with the conclusion of the expertise, the disputed issue is examined by the court.
The conduct of the state expertise is ensured by the ministry. A movable monument of culture or an object bearing the signs of a monument, declared for temporary export from Georgia, as well as a value returned to Georgia after temporary export, is subject to compulsory state expertise. For conducting the expertise the ministry cooperates, on a contractual basis, with the museums, archives and libraries subordinate to the ministry, to the National Academy of Sciences of Georgia, to the Ministry of Justice and to the Patriarchate of Georgia, as well as with invited independent specialists holding the right (license) to conduct such expertise. The cost of the expertise connected with the export from Georgia, the transfer of ownership and other analogous works is reimbursed by the owner of the cultural value on the basis of a contract concluded with the ministry, unless otherwise provided for by the law.
Import Procedure, Transit and Postal Parcels
A cultural value imported from abroad into Georgia, in the manner established by the Customs Code, undergoes compulsory customs control and special registration, of which the ministry is notified within 1 week. During the transit of a cultural value across the customs territory of Georgia, the documents determined by the customs legislation and the international obligations of Georgia are submitted to the Revenue Service, on the basis of which the import of the value for transit purposes across the territory of Georgia is determined. The export of a cultural value from Georgia in the form of a postal parcel or baggage is carried out taking into account the rules and conditions established by the legislation of Georgia in this sphere and by this law.
Temporary Export — Purposes and the Permit Regime
Temporary export from Georgia is carried out by museum, archival and library institutions, physical and legal persons for the following purposes: organizing an exhibition; conducting restoration and scientific-research works; concert, theatrical or other performing activity; and in other cases where this does not contradict the law and the legislation of Georgia. The state museum fund, an archive, a library, a depository of cultural values, another state institution, the bodies of state power, the bodies of a municipality and other persons apply to the ministry with an application to obtain a permit for the temporary export of a cultural value attributed to a movable monument of culture or an object bearing the signs of a monument.
The application must be accompanied by the contract concluded with the receiving party on the purposes and conditions of the temporary export; documentation confirming the coverage by the receiving party of every case of insurance risk through commercial insurance, or documentation confirming the financial coverage of all other risks by a state guarantee; the documented guarantees of the receiving party and of the state on the protection of the value temporarily exported from Georgia and on its return to Georgia; and a certificate on whether the value to be exported temporarily is entered in the state protection list and registry of cultural values of Georgia.
The declarant may be refused a permit if: he cannot present guarantees of the import (return) of the cultural value into Georgia; the condition of the value declared for export does not allow the change of its storage conditions, or such change would in any way worsen its qualitative condition; the owner of the value is unclear or the value is the subject of a dispute over the acquisition of the right of ownership; a natural disaster or armed conflict has recently occurred, is occurring or is expected in the destination country, or other circumstances exist which make the protection of the temporarily exported value doubtful; or Georgia has no diplomatic relations with the country to which the value is to be taken. A value returned to Georgia after temporary export is again subject to compulsory state expertise. The permit for export and temporary export is issued by the ministry.
Special Rules and Customs Conditions
The permit for the export of a cultural value containing precious metals and stones is issued on the basis of this law and other legislative acts. The same rule applies to any category of weapons that has historical, scientific, artistic or other cultural value. Export may be carried out by the lawful owner or his authorized representative, in the manner established by the law. Upon the movement across the customs border of Georgia of a value formalized in accordance with the requirements of the law, the import fee is paid in accordance with the procedure established for the customs procedure applied to the imported cultural value.