The customs clearance of artworks and antiques belonging to the category of “cultural values” , when them imported and exported by individuals for personal use is regulated by:
- The Customs Codex of the Eurasian Economic Community (EAEC);
- Decision of the Board of the Eurasian Economic Commission of April 21, 2015, No. 30 (as amended on December 13, 2017) “On measures of non-tariff regulation”.
At its core, the customs clearance of cultural property, art and antiques is an important aspect of international logistics of art objects.
First and foremost, it is necessary to avoid responsibility for the smuggling of cultural property, the punishment for which is much more serious than most people assume, who read the customs legislation superficially and see only one phrase that one wants to see – “you can not declare goods worth up to 10,000 euros “.
For example, buying a picture of the 18th century for a couple of thousand euros in an antique shop in Belgium or Holland, a person put it to the luggage and forgets about it. Upon arrival, he gets it and goes to the green corridor with his souvenir. If the customs detains him, he detains the object that became the object of the offense. After that, the item is sent to the commodity and art expert examination at the Federal Customs Service of the Federal Customs Service (Central Expert Criminalistic Customs Directorate of the Federal Customs Service), where the assessment is being conducted. Given that this organization is a structural unit of the FCS of the Russian Federation, you can guess in whose favor the examination will be drawn up. The cost, which is indicated in the check from the seller, does not play any role in the examination. With an estimated value of more than 100,000 rubles, the responsibility is not under the Code of Administrative Offenses of the Russian Federation, but under Art. 226.1 of the Criminal Code of the Russian Federation and materials of the case are transferred from the customs authorities to the Ministry of Internal Affairs of the Russian Federation, where the main criterion when initiating or not initiating a case will be the identification of the intentionality of the action and the fact of concealing the object. In case you carried the object in your hands or in a suitcase, the intent is obvious.
This is only the main risk, which we warn you about, but there are many others, so entrust such a complicated process to specialists.