---
title: "Illegally Exported Cultural Values and the State's Preemptive Purchase"
url: "https://legal.ge/en/service/media-entertainment-and-sports-law-en/illegally-exported-cultural-values-en"
field: "Media, Entertainment & Sports Law"
description: "Return of illegally exported cultural values and the state's preemptive purchase right in Georgia — Legal.ge."
updated: "2026-10-14"
publisher: "legal.ge"
---

# Illegally Exported Cultural Values and the State's Preemptive Purchase

> Source: legal.ge, https://legal.ge/en/service/media-entertainment-and-sports-law-en/illegally-exported-cultural-values-en

## The Return of Illegally Exported or Imported Values

The Georgian law on the export and import of cultural values obliges the state to protect the rights of owners. In accordance with the international obligations assumed by Georgia and its legislation, the owner of a cultural value has the right to apply with a request to the competent authorities of Georgia, asking them to render assistance in returning to Georgia a cultural value illegally exported from Georgia or held in unlawful possession on the territory of a foreign state. At the same time, a cultural value illegally imported into Georgia from abroad is returned to its owner in accordance with the procedure established by the international obligations and the legislation of Georgia. The law thus frames both directions with a guarantee of protection — both the bringing back of Georgian values and respect for the rights of foreign owners on the territory of Georgia.

The full text is available on legal.ge after signing in: https://legal.ge/en/service/media-entertainment-and-sports-law-en/illegally-exported-cultural-values-en

### When does the state have the preemptive purchase right?

Where the owner plans to export from Georgia a value holding the status of a monument of cultural heritage for the purpose of sale, he must notify the ministry. The ministry may keep the monument in Georgia by preemptive purchase or sell it at auction; the decision is taken before the permit deadline and must be executed no later than 3 months.

### Whom may the preemptive purchase not affect?

The rule does not apply to religious and spiritual values of the church and other religious organizations; to exhibits kept in state funds (their sale abroad is possible only in agreement with the ministry and on condition of acquiring equivalent replacements); and to the cases of the author or his heir during 70 years after the author's death emigrating abroad, where purchase is possible only with the owner's consent.

### How is the purchase price determined?

If an official offer from a buyer exists, the price is the amount fixed in it. Otherwise the last sale price recorded at auctions for works of the same author (or the same epoch) of the corresponding genre and theme is taken as the basis, and where that is impossible the price is established by negotiation.

### What happens to an ownerless value seized by customs?

Until the owner is established it is transferred to the ministry for keeping, which ensures protection, expertise and the dissemination of information. When the court establishes the owner, the value is returned to him; where the owner remains unknown, the ministry transfers it with the right of ownership to a state museum, library or archive fund.

### How is an illegally exported value returned?

The owner applies to the competent authorities of Georgia with a request for support, and the ministry cooperates with the services of foreign states to prevent illegal export. A value is returned at the request of a foreign state which guarantees full compensation to the good-faith buyer.