by Ursula Kampmann
translated by Annika Backe
September 17, 2015 – On September 15, 2015, the German Ministry for Culture and Media has finally published the long awaited ministerial draft of the amendment of the Law on the Protection of Cultural Property. It is now available on the internet and can be downloaded for free.
Modifications of the ministerial draft of the amendment of the Law on the Protection of Cultural Property
Without going into too much detail at this stage, the draft seems to have been heavily revised though it still comprises some stipulations that may cause a coin dealer or a collector much trouble. To give only one example: in regards to due diligence guidelines, the value limit of 0 still applies to Greek coins, coins of Roman Imperial Times as well as coins bearing Arabic inscriptions, with these categories being mentioned in the ICOM Emergency Red List of Syrian Cultural Objects at Risk (§ 44,1). In this case, a coin dealer still faces the risk of imprisonment if he places an item on the market to which a third country later makes a claim.
As to the rest, we have to wait for the assessment of the jurists before we can say something about the repercussions this new draft bill will have on both collectors and dealers.
You can see it for yourself anytime. Please, download the ministerial draft of the amendment of the Law on the Protection of Cultural Property (written in German) here.
Oral hearing of the draft of the amendment of the Law on the Protection of Cultural Property
It took the Ministry of Culture and Media nearly five months to also publish the minutes of the oral hearing of the draft of the amendment of the Law on the Protection of Cultural Property.
Please, download the minutes of the oral hearing of the draft of the amendment of the Law on the Protection of Cultural Property (written in German) here.
Opportunity for federal states, community associations, experts and organizations to comment
Associations and interest groups are given a period of three weeks to submit their written statements on the draft of the amendment of the Law on the Protection of Cultural Property. The statements have to be presented to the Ministry of Culture and Media by October 7. Then the draft will be adopted by the Cabinet.
The parliamentary procedure will follow afterwards. The adoption of the draft by the Cabinet, however, will have set the course by then.
Please, read the press release of the Ministry of Culture and Media (in German) here.