Exporting works of art from Poland – regulations, permits, and compliance

Exporting a work of art from Poland, whether temporarily or permanently, requires a special permit under the Polish Act on Protection and Care of Monuments. Failure to secure this permit before exporting is considered a criminal offense, punishable by fines, imprisonment, or other penalties. Understanding the requirements is essential to avoid legal and financial consequences.

What qualifies as a work of art or monument?

The term “monument” encompasses a wide range of cultural and historic items, including paintings, sculptures, archaeological artifacts, and other valuable objects. Items listed in national registers or meeting specific criteria for age and value may be subject to export restrictions.

What are the permit thresholds in Poland for paintings?

A painting over 50 years old and valued above PLN 40,000 (~€9,000) requires a permit.

Exporting work of art or monument: Key regulations

Exporting art of monument from Poland is regulated by law. Depending on the type, value, and age of the antique, a special permit may be required. The amended act on protection and care over antiques, in force since June 5, 2010, simplified the rules of selling and exporting such items abroad. Previously, a permit was required for every item older than 55 years, regardless of value. Now, only particularly precious and valuable antiques require permits.

You may need a permit to export an antique, depending on its category, age, and value. Permits are granted by the Polish Minister of Culture, National Heritage, and Sport, who may deny the application if the item holds special cultural significance.

Antique Categories Requiring Permits

Exporting without a permit

You can export items not included in the table above without a permit if:

• They are not entered into the Register of Historic Monuments.
• They are not part of a public collection.
• They are not in museum or church inventories or the national library collection.

Additionally, antiques brought to Poland from other EU countries for less than three years do not require a permit for export.

How to obtain an export permit?

To secure a permit, applications must be submitted through a regional monument conservator. Key application elements include:

• Personal data of the applicant.
• Details and photographs of the artwork.
• A justification for the export request.
• Additional legal statements, if required.

Once approved, the permit remains valid for 12 months. Temporary export, such as for exhibitions, typically involves fewer hurdles.

Customs and border inspections

Border offcials assess whether an item meets the criteria requiring a permit. Proper documentation is essential and may include:

• Expert evaluations of the artwork’s age and value.
• Invoices with detailed information.
• Permits from relevant authorities.

Penalties for non-compliance

Illegal exportation of cultural goods can result in penalties ranging from fines to imprisonment (up to 5 years for intentional offenses). Unlawful export may also trigger restitution proceedings, potentially leading to the return of the artwork to Poland.

Restitution of National Cultural Goods

The Act on Restitution of National Cultural Goods aligns Polish law with EU Directive 2014/60/EU, promoting the recovery of unlawfully exported items. This system facilitates international cooperation to protect cultural heritage and deters theft and illegal exportation.

Key takeaways – Exporting art from Poland

1. Always verify if an export permit or additional documentation is required before transporting artwork or antiques.
2. Non-compliance can result in criminal liability, fines, or imprisonment.
3. Even successfully exported works may be subject to international restitution efforts.

Optimize your export process

To ensure compliance with Polish law and avoid legal complications, consult experts, prepare necessary documentation, and secure the required permits. Protecting cultural heritage while adhering to legal frameworks is critical for individuals and institutions handling valuable works of art and antiques.

Do you need help? We will be happy to help you! Feel free to contact us: [email protected].