Leaving France with a work or piece of art may require a permit to leave the territory (certificate of cultural goods and exportation license), in order to protect national heritage. You can find under the rules three different situations:
– Your object is not a « cultural good »
– Your object is a « cultural good »
– Your object is a « national treasure »
Two criteria qualify a work of art as a « cultural good » : its age and its value.
A work of art beyond the age and value thresholds in its class is considered « cultural property » (see below the « table of different categories of cultural goods »).
In this case, the work can circulate without being provided with a « certificate of cultural goods », a kind of passport obtained from the competent leadership of the Ministry of Culture, allowing temporary or final release of a « cultural good ».
In exceptional cases, certain works held by private owners can be a « national treasure ».
According to Article 4 of the law of December 31 1992, these works or objects are goods that represent « a major interest for national heritage from a historical, artistic or archeological point of view. »
A « national treasure » can only leave France temporarily and with the express authorization of competent administrative authorities.
THUS, TO BE ABLE TO TAKE YOUR WORK OR PIECE OF ART OUT OF FRANCE :
– If your work of art is below the age and value thresholds: it is not considered a « cultural good ».
The work can then be sold and circulated freely around the world without competent administrative authorities.
– If your work of art is above the age and value thresholds: it meets the criteria of « cultural good ».
The work or piece of art cannot be sold (or circulated) outside France without obtaining authority to leave France: the « certificate of cultural goods ».
– If the work of art meets the criteria of « cultural goods », is qualified by the administration as « national treasure », and is denied the « certificate of cultural goods ».
In this case the work or piece of art can only leave French territory temporarily and after authorization from the Ministry of Culture.
The need for a « certificate of cultural goods » only applies when the work of art is a « cultural good ».
In the case of the exportation (leaving European territory) of a « cultural good », another fine arts authorization must be added to the « certificate of cultural goods » : the « exportation license » which will be presented to competent authorities in the case of control.
Please note :
– that in the case of re-exportation (after preliminary temporary importation), there will be no need for the certificate for the work of art to be able to leave the territory.
– that if the work of art was imported (permanently) to France less than 2 years ago, there will be no need for a certificate to take the work out of the territory.
All export cases (leaving European territory) involve customs procedures and tax provisions relating to tax on capital gains (See headings : « Customs procedures and tax export » & « Customs and taxation on imports »).
| Categories | Age Threshold | Threshold of value in € (towards a Member state) | Threshold of value in € (towards a Non-Member State) | Direction |
|---|---|---|---|---|
| 1 A. National antiques, with the exception of currencies, whatever their provenance, and archaeological objects, more than 100 years old, including currencies coming directly from excavations, from earthly and submarine discoveries or from archaeological sites. | More than 100 years old | Any value | Any value | DLL (currencies) included |
| 1 B. Archaeological objects more than 100 years old and currencies prior to 1500, not directly derived from excavations, discoveries or archaeological sites | Prior to 1 500 | 1 500 | 1 500 | DLL (currencies) included |
| 1 C. Currencies from after January 1st, 1500, more than 100 years old, not directly from excavations, discoveries or archaeological sites | After January 1st, 1500 | 15 000 | 15 000 | DLL (currencies) included |
| 2. Elements and fragments of decor of buildings by nature or by destination, with civil or religious character and dismantled buildings, more than 100 years old | More than 100 years old | Any value | Any value | |
| 3. Pictures and painting others than those depending on the categories 3 A and 4 more than 50 years old (1) | More than 50 years old | 150 000 | 150 000 | |
| 3 A. Watercolours, gouaches and pastels more than 50 years old (1) | More than 50 years old | 30 000 | 30 000 | |
| 4. Drawings more than 50 years old (1) | More than 50 years old | 15 000 | 15 000 | |
| « 5. a) Engravings, engraving prints, silkscreen prints and original lithography and their respective plates, and isolated more than 50 years old or collection including elements more than 50 years old (1) (2) 5. b) Original Posters and postcards, isolated more than 50 years old or collection including elements of more than 50 years (1) (2) » | More than 50 years | 15 000 | 15 000 | DLL |
| 6. Original statuary or sculptural productions and copies made by the same technique as the original more than 50 years old (1), other than those who enter in category 1 | More than 50 years | 50 000 | 50 000 | |
| 7. Individual photographs more than 50 years old or collection including elements of more than 50 years (1) | More than 50 years | 15 000 | 15 000 | DLL |
| Films and their negative isolated more than 50 years or collection including elements of more than 50 years of age (1) | More than 50 years | 15 000 | 15 000 | |
| 8. Incunabulum and manuscripts, including letters and literary and artistic autographic documents, the geographical maps, atlases, globes, musical partitions, isolated and more than 50 years old or collection including elements of more than 50 years of age (1) (2) (3) | More than 50 years | 1 500 | Any value | DLL included |
| 9. Books and printed musical partitions isolated more than 50 years or collection including elements of more than 50 years (3) | More than 50 years | 50 000 | 50 000 | DLL |
| 10. Printed geographical maps more than 100 years old (2) (3) | More than 100 years old | 15 000 | 15 000 | DLL |
| 11. All kinds of archives, others than documents depending on the category 8, and including elements of more than 50 years old, whatever the support. | More than 50 years old | 300 | Whatever the value | |
| 12 A. Collections and specimens from collections of zoology, botany, mineralogy, anatomy | Any age | 50 000 | 50 000 | |
| 12 B. Collections from a historical, paleontological, ethnographic, numismatic interest or philatelic (the license is not necessary for the philatelic collections) | Any age | 50 000 | 50 000 | DLL included |
| 13. Means of transport more than 75 years old | More than 75 years old | 50 000 | 50 000 | |
| 14. Other antiques not included in categories 1 – 13 of more than 50 years old | More than 50 years old | 50 000 | 50 000 |
(1) Not belonging to their author.
(2) Including those which heighten drawings or lights wit gouache, watercolor, pastel.
(3) Documents including handwritten annotations which are neither inscriptions nor ex-libris will be considered as manuscripts and classified in the category 8 since these annotations are of interest for history or art history, civilisations, science and technology.
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