Cultural Property Protection Act
The Cultural Property Protection Act
The new Cultural Property Protection Act came into force on 6 August 2016. Dr Hartung has already acted as a lawyer in important proceedings under the old Cultural Property Protection Act before 2016, including the successful export of important Dixgrafiken from the famous George Economou Collection.
In October 2017, Dr Hartung was able to prevent the registration of Joseph Beuys' sketchbooks I, III and IV "Projekt Westmensch" for the Joseph Beuys Estate in North Rhine-Westphalia in the first major proceedings on the new Cultural Property Protection Act. Along with this, the export ban on the sketchbooks was also lifted.
In the legislative process, as an expert for the SPD parliamentary group in the Bundestag, he submitted proposals for improvement, some of which were implemented. As a founding member of Kunstsammler e.V., Dr Hartung continues to fight for the freedom of art in the European Single Market.
The legislator has issued an evaluation of the Cultural Property Protection Act in 2022 and further affirmed the necessity of the KGSG. Many problematic regulations and procedures remain, in particular the very strict due diligence obligations for all - not only for the art market - and the associated strict penal sanctions, possibilities of information, seizure and confiscation for the competent authorities, etc. The law is still in force.
Dr Hartung provides comprehensive advice on the new Cultural Property Protection Act and its associated requirements and risks for art collectors and the art market as a whole.
A Practical Guide for AXA ART Art Insurance
Services regarding the new Cultural Property Protection Act
As a proven specialist, Dr Hartung represents his clients in the following proceedings, among others:
- § Section 10 (1) KGSG - Application for assurance of non-registration after return to the federal territory
- § Section 10(7) KGSG - Request for assurance of non-registration in the case of loans
- § Section 11(2) KGSG - Notification of change of location of registered cultural property
- § Section 13 (1) KGSG - Application for Cancellation of the Entry in a Register of Cultural Property of National Value
- § Section 14 (1) KGSG - Application to initiate the procedure for entry in a register of nationally valuable cultural property
- § Section 14(7) KGSG - Application for the granting of a so-called "negative test".
- § Section 19 (1) KGSG - Notification of loss, damage or destruction of a registered cultural property
- § Section 19 (1) sentence 2, (3) KGSG - Notification of change of possession or ownership of registered cultural property
- § 25 KGSG - Application for a general open licence
- § Section 22 KGSG - Application for a Licence for the Temporary Export of National Cultural Property
- § Section 24 KGSG - Application for a licence to export cultural property if certain age and value limits are exceeded
- § Section 26 KGSG - Application for a Specific Open Permit
- § Section 27 KGSG - Application for a licence to export ecclesiastical cultural property
- § Section 73 KGSG - Application for a legally binding return commitment