Procedure for the export of works of fine art abroad

In modern realities, many Ukrainian foundations, philanthropists or ordinary caring citizens are trying to raise funds by selling their own works of art and send them to the benefit of Ukraine and/or to help the Armed Forces of Ukraine. Unfortunately, in Ukraine, at present, there are very few auctions, exhibitions or other events where you can sell your own works of art for a decent price. But abroad, foreign companies, foundations or just philanthropists are ready to buy Ukrainian art, realizing that the funds received by the artists will be spent on peaceful and good deeds. In this article, we will tell, using the example of works of fine art (paintings), how to properly export a painting abroad during a state of war, as well as sell such a painting several times more expensive than its original cost.

 

WHAT IS THE PROCEDURE FOR EXPORTING FINE ART WORKS ABROAD?

To export works of fine art abroad, it is necessary to form the following package of documents:

  • The conclusion of the state examination that the painting is not an object of cultural value;
  • A document confirming the OWNERSHIP of such a picture (including intellectual property rights – contracts, certificates);
  • List of all the paintings you want to take out. You need to specify: title, author, year of painting and place, type of material on which the work is written, its dimensions, weight, materials used in writing and execution technique, estimated cost. Information must be submitted in Ukrainian.

 

I HEARD ABOUT THE CERTIFICATE OF AUTHENTICITY, DO I NEED TO SHOW IT TO THE STATE AUTHORITIES FOR THE EXPORT OF THE PICTURE?

The certificate of authenticity is not a mandatory document for exporting a painting abroad, it is not included in the list of documents.

A work of art certificate of authenticity is a document confirming the authorship and authenticity of a work of art. This document is a guarantee on the part of the author (in our case, the artist) that a third party (the purchaser of the work) buys a real work of authorship. The presence of such a certificate is a necessary condition for the sale of paintings at auctions (when reselling the painting, the author of the painting will also receive a reward, as provided for by the rules “on the right to follow” the legislation of the country in which the author is resident)

In more detail about how such a certificate of authenticity should look like, as well as the requirements for the form and content of such a certificate, we described in our article Certificate of Authenticity of a work of art.

 

WHAT IF THE CONCLUSION OF THE EXAMINATION FOUND THAT THE PAINTING IS A CULTURAL VALUE?

If such a picture is recognized by the state expert as a cultural value, it is necessary to submit to the Ministry of Culture and Information Policy of Ukraine an application for the right to export cultural property no later than one month before the date of export of such a picture, to which is attached:

  • a document confirming the ownership of cultural property;
  • conclusion of the state examination.

If the person who violated the application for the export of cultural property refuses to submit the cultural property declared for export for state examination, this is considered as the applicant’s refusal to export it.

Based on the results of the examination of cultural property declared for export, the Ministry of Culture of Ukraine enters them into the State Register of National Cultural Property, regardless of the consent of the person who violated the application for the export of these values.

At the request of the owner of cultural property or a person authorized by him, the Ministry of Culture and Information Policy of Ukraine takes a decision on the possibility or impossibility of exporting cultural property on the basis of the conclusion of the state examination, which is reported in writing within a month from the date of official receipt of the application.

If a decision is made on the possibility of exporting cultural property, a certificate of the established form for the right to export cultural property is issued.

The certificate of the right to export cultural property is the basis for the passage of the cultural property indicated in it outside the customs territory of Ukraine. Export of cultural property without this certificate is prohibited.

 

IS THERE A LIST OF PAINTINGS PROHIBITED FOR EXPORT?

Yes, there is such a list. Article 14 of the Law of Ukraine “On the export, import and return of cultural property” establishes in its norms a list of cultural property that is not subject to export:

  • cultural values ​​entered in the State Register of National Cultural Property;
  • cultural values ​​included in the National Archival Fund;
  • cultural values ​​included in the Museum Fund of Ukraine

Such registers and funds can be found on the official websites of state bodies.

 

If you need to export a painting or other object abroad, we advise you to always turn to professionals, since many years of experience of specialists not only speeds up the receipt and formation of the necessary package of documents for the export of such objects abroad, but also saves your own money.

The team of the Legal House “Copyright” will help you obtain the necessary package of documents, develop an appropriate quality sample certificate of authenticity, and also advise on the timing and cost of obtaining the necessary permits for exporting your work abroad.

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