Description
The temporary removal from the territory of the Republic of the cultural objects and/or goods indicated in Article 65(1), (2)(a), (3) is governed by Articles 66, 67, 71 of Legislative Decree 42/2004 and may be authorised in these cases
- in relation to exhibitions or art exhibitions of high cultural interest (Art. 66);
- if the objects and goods subject to the application constitute the private property of Italian citizens holding positions at diplomatic or consular offices, EU institutions or international organisations that entail the transfer of the persons concerned abroad, for a period not exceeding the duration of their mandate (Art. 67)
- if things and goods constitute the furnishings of diplomatic and consular premises abroad (Art. 67);
- in view of analyses, investigations and conservation work necessarily to be carried out abroad (Art. 67);
- in implementation of cultural agreements with foreign museum institutions, on a reciprocal basis and for a duration not exceeding four years, renewable once only (Art. 67).
Pursuant to art. 7 of Presidential Decree 690/1973, the UMSt Superintendence for Cultural Assets and Activities is competent to issue a temporary circulation certificate in the above-mentioned cases, upon request of the entitled person, only in the case of temporary export of the objects and/or goods to countries belonging to the European Union.
In the case of temporary export to countries outside the European Union, the temporary circulation certificate is instead issued by the Export Office of the Ministry of Culture competent for the territory, subject to the expression by the UMSt Superintendence for Cultural Assets and Activities, for goods preserved in the territory of the province and admitted to public enjoyment, of prior authorisation for removal and loan. This clearance can be requested by simple request by letter, accompanied by the appropriate supporting documentation.
In the case of art exhibitions and displays, pursuant to Art. 66 of Legislative Decree 42/2004, goods susceptible to damage during transport or permanence in unfavourable environmental conditions and goods constituting the main collection of a museum, art gallery, gallery, archive or library or of an artistic or bibliographic collection may not be removed from the national territory.
Again in the case of temporary removal from the national territory in connection with a loan for exhibitions or art shows, it must be considered that the authorisation for the removal and loan of things and/or goods (pursuant to Art. 21 para. 1 letter b and Art. 48 of Legislative Decree no. 42/2004) shall be issued by the UMSt Superintendence for Cultural Assets and Activities with its own provision at the same time as the issuance of the certificate of temporary circulation, with the exception of loans of cultural assets from the collections pertaining to the museums of the Province as per art. 24 of Provincial Law 15/2007 (Buonconsiglio Castle. Monuments and Collections of the Province; MART Museum of Modern and Contemporary Art of Trento and Rovereto; METS Trentino Ethnographic Museum San Michele; MUSE Museum of Science), for which the museums in question may, pursuant to art. 7-bis of Provincial Law 1/2003, authorise the transfer and loan on their own, notifying the UMSt Superintendency for Cultural Assets and Activities within the terms dictated by the circular of the Superintendency for Cultural Assets of 13 December 2017 prot. 717987. In such cases, the museums of the Province remain responsible for requesting from UMSt only the certificate of temporary circulation, in the case of temporary export to countries belonging to the European Union, or the authorisation for removal and loan, in the case of temporary export to countries outside the European Union.
Restrictions
Failure to comply with the obligation to obtain the temporary circulation certificate set forth in Article 71, paragraph 1 of Legislative Decree 42/2004 and failure to return the goods to the national territory upon expiry of the term entails the application of criminal sanctions pursuant to Article 518 undecies of the Criminal Code, Book II, Title VIII-bis 'Crimes against the cultural heritage'. Violation of the obligations concerning the international circulation of cultural heritage goods and objects also entails the application of administrative sanctions under Articles 163 and 165 of Legislative Decree 42/2004.