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Cultural Goods 6 th April 2011. Relevant Acquis Icelandic Legislation International Conventions Application Form for Export Structure & Responsibility.

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Presentation on theme: "Cultural Goods 6 th April 2011. Relevant Acquis Icelandic Legislation International Conventions Application Form for Export Structure & Responsibility."— Presentation transcript:

1 Cultural Goods 6 th April 2011

2 Relevant Acquis Icelandic Legislation International Conventions Application Form for Export Structure & Responsibility Museum Council Customs Co-Operation Cooperation with other Agencies Customs Controls Risk management & Manual Screening Information & Intelligence Agencies Preliminary Investigation Police Investigation Gap Analysis Contents

3 Relevant Acquis Council Regulation (EEC) No 3911/92 of 9 December 1992 on the export on cultural goods Corrigendum to: Council Regulation (EEC) No 3911/92 of 9 December 1992 on the export of cultural goods Council Directive 93/7/EEC of 15 March 1993 on the return of cultural objects unlawfully removed from the territory of a Member State Commission

4 Regulation (EEC) No 752/93 of 30 March 1993 laying down provisions for the implementation of Council Regulation (EEC) No 3911/92 on the export of cultural goods Council Regulation (EC) No 2469/96 of 16 December 1996 Amending the Annex to regulation EEC, No 3911/92 on the export of cultural goods Council Regulation (EC) No 974/2001 of 14 May 2001 amending Regulation (EEC) No 3911/92 on the export of cultural goods Relevant Acquis

5 Commission Regulation EC, No 1526/98 of 16 July 1998 amending Commission regulation Council Regulation (EC) No 806/2003 of 14 April 2003 adapting to Decision 1999/486/EC the provisions relating to committees which assist the Commission in the exercise of its implementing powers laid down in Council instrument adopted in accordance with the consultation procedure (qualified majority) Relevant Acquis

6 Commission Regulation (EEC) No 752/93 laying down provisions for the implementation of Council Regulation EEC No 3911/92 on the export of cultural goods Commission Regulation EC No 656/004 of 7. April 2004 amending Regulation EEC No 752/93 laying down provisions for the implementation of Council Regulation EEC No 3911/92 on the export of cultural goods Relevant Acquis

7 Act No 105/2001 on the export of cultural objects and on the return of cultural objects to other countries Icelandic Customs Act 88/ Paragraph 6 of Article 40 and Paragraph 2 of article 45 of the same Act Icelandic Legislation

8 Protection of Cultural Property in the Event of Armed Conflict Convention for the Protection of the World's Cultural and Natural Heritage International Conventions (UNESCO)

9 Application Form for Export Similar to EU

10 Ministry of Education, Science and Culture is responsible for the preparation of legislation in this field and issues the necessary regulations Museum Council of Iceland is responsible for export licences for cultural goods Directorate of Customs is responsible for export controls Police is responsible for investigation of criminal activity in this field Structure & Responsibility

11 Export of cultural goods is strictly prohibited and such objects that have been unlawfully removed from another country have to be returned to their origin The Museum Council of Iceland is responsible for export licences for cultural goods Leaflet is available at every customs control point as been prepared to educate travellers, importers and exporters Museum Council

12 Agreement between the two main stakeholders – Directorate of Customs and the Museum Council Responsibility and roles defined Working Rules introduced Lectures for customs officers are planned in order to enhance their knowledge and deepen their understanding of the subject Customs Cooperation

13 Export and Import controls in co-operation with the Museum Council Export permits conveyed electronically to Customs Customs offices are responsible for the prevention of illegal export or import of cultural objects and ensure that export permits exist Certain filters on parameters in the Customs IT System (system of automatic procession of customs declarations) are used to detect correctly declared cultural goods Customs Controls

14 Possible to add filters on any relevant parameters from the customs declaration based on risk management Due to the risk of misclassification and deliberate smuggling of cultural goods, customs authorities also rely on manual screening documents and physical examination Risk management & Manual Screening

15 Customs and Police exchange information concerning theft or illegal removal of Cultural Goods This co-operation of Police and Customs is underlined with provisions both in the Police Act and the Customs Act Information & Intelligence 15

16 Good cooperation exists between the Customs authorities, the Museum Council and the Ministry of Education, Science and Culture Customs and Police intelligence units exchange information concerning drug cases and ongoing investigations This cooperation of Police and Customs is underlined with provisions both in the Customs Act and the Police Act Cooperation with other Agencies 16

17 Reasonable grounds for suspecting iIllegal exports Goods are seized temporarily Initial investigation is carried out by the Investigation Division of the Directorate of Customs Preliminary Investigation

18 If prosecution is imminent, the case is handed over to the Icelandic Police for further investigation Prosecutors prosecute cases before the regional courts Police Investigation

19 Iceland is not fully in alignment with EU legislation in this field Further effort is needed to fully comply with the EU legislation and the implementation and enforcement process According to the Ministry of Education, Science and Culture a new legislation is being prepared in this field Gap Analysis

20 Thank you for your attention Merci de votre attention Vielen Dank für Ihre Aufmerksamkeit Grazie per la vostra attenzione Dziękuję za uwagę Takk fyrir athyglina 20


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