CZECH REPUBLIC Law and Practice Contributed by: Daniela Kozáková, ŠIROKÝ ZRZAVECKÝ, attorneys-at-law
concern cross-border art transactions, such as the following: • 1970 United Nations Educational, Scientific and Cultural Organization (UNESCO) Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cul - tural Property; • UNESCO Convention’s Operational Guidelines adopted by UNESCO in 2015; • UNESCO Convention for the Protection of Cul - tural Heritage in the Event of Armed Conflict (the “Hague Convention”) and its two Protocols; • UNESCO Convention concerning the Protection of the World Cultural and Natural Heritage; • UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage; and • Convention on International Trade in Endangered Species of Wild Fauna and Flora (the “CITES Con - vention”). Obligations arising from EU law arise under the requirement that the export of certain categories of art be subject to a permit issued by the relevant art institution or the Ministry of Culture – depending on the level of cultural protection of the relevant object. Cultural treasure (including national treasures) may be exported from the Czech Republic only upon prior written approval from the Ministry of Culture and for a limited (defined) period only. The consent of the Min - istry of Culture must be granted for the whole period during which the cultural treasure is to be located out - side the territory of the Czech Republic. If the work is an object of cultural value, an export permit is also needed. Objects of cultural value are defined in the Act on the Sale and Export of Objects of Cultural Value (Act No 71/1994 Coll.), Appendix 1 of which establishes several categories of cultural objects subject to export based on (i) age and (ii) value. For example, an export permit is needed for a painting older than 50 years and worth more than CZK150,000 (approximately GBP5,000), or in the case of drawings more than 50 years old having a market value of at least CZK30,000.
A permit is issued by a local institution, as also speci - fied in the Appendix to the Law on the Sale and Export of Objects of Cultural Value. Without an applicable permit(s), the above artworks cannot be exported; violation of this rule may result in a fine of up to CZK1 million (depending on the provision breached) and sei - zure of the work by customs. Exporting the artwork without a permit, or an attempt to do so, could also be considered a criminal offence. Within 60 days of importing the cultural object into the Czech Republic, the owner must apply to the Ministry of Culture for a certificate confirming that the item of cultural value has been relocated to the Czech Repub - lic. The application must include proof that the item left its country of origin legally – either by present - ing an export permit issued by the local authorities or proving that the item did not require such a permit in its country of origin. If the conditions for import are ful - filled, the Ministry of Culture will then issue an import certificate valid for ten years. If a cultural monument or an object of cultural value is to be exported from the customs territory of the EU, the procedure is governed by Act No 214/2002 Coll., on the export of certain cultural goods from the cus - toms territory of the European Communities. In addi - tion to the above-mentioned export permit, an export permit from the EU is required, which is also issued by the Ministry of Culture. Cultural goods that are listed in Appendix A of EU Reg - ulation 2019/880 and were unlawfully removed from the territory of the country in which they were created or discovered are prohibited from being imported into EU member states. This Regulation is implemented by the Act on entry and importation of certain cul - tural goods into the customs territory of the European Union (Act No 362/2022 Coll.). The Act requires those who import or participate in the entry of a cultural property from the country of origin into the customs territory of the EU to present to the customs office a permit for the export of the cultural property issued by the authority of the country of origin or a certificate from the authority of the country of origin stating that there is no obligation to have an export permit for the cultural property in question, and other documents proving that the export of the cultural property was
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