Description
Article 72 of Legislative Decree 42/2004 governs the entry onto Italian territory of things and/or goods of cultural interest and in particular the shipment from a European Union member state or import from a third country of the following things and/or goods
- things belonging to anyone that are of cultural interest, are the work of a non-living author, whose execution dates back more than seventy years and whose value (except for archaeological finds, dismemberment of monuments, incunabula and manuscripts, and archives) exceeds €13,500.00
- archives and individual documents belonging to private individuals that are of cultural interest;
- things belonging to anyone as per art. 11 paragraph 1 letter f (photographs with their negatives and matrixes, copies of cinematographic, audiovisual works or sequences of moving images, documentations of events, sound or verbal, however made, whose production is more than twenty-five years old), letter g (means of transport more than seventy-five years old), letter h (goods and instruments of interest for the history of science and technology more than fifty years old).
Pursuant to Art. 72 par. 1 of Legislative Decree 42/2004, shipment from EU countries or import from non-EU countries is certified, upon request, by the competent Export Office. The purpose of the certificate is to certify the lawfulness of the provenance of the things and/or goods, at the same time proving their lawful possession and allowing their exit from the national territory in due time, thus avoiding the activation of the procedure provided for by art. 65 of Legislative Decree 42/2004 on the definitive exit of things and goods of cultural interest.
Pursuant to art. 7 of Presidential Decree 690/1973, the functions relating only to the temporary shipment of things and/or goods coming from EU Member States are in charge of the UMSt Superintendence for Cultural Heritage and Activities, which therefore issues, upon request, the certificate of shipment. Pursuant to art. 72 subsection 3 of Legislative Decree 42/2004, the certificate is valid for five years and may be extended at the request of the interested party.
On the other hand, the Export Office of the competent Ministry of Culture retains the functions relating to temporary imports from countries outside the European Union.
Restrictions
Violation of the obligations concerning the international circulation of cultural heritage goods and objects and, specifically, the provisions of Article 72 of Legislative Decree 42/2004 entails the application of the administrative sanctions set forth in Article 165 of Legislative Decree 42/2004.