REPUBLIC OF LITHUANIA
LAW
ON
PROTECTION OF MOVABLE
CULTURAL PROPERTIES
OF THE REPUBLIC OF LITHUANIA
Chapter I
GENERAL PROVISIONS
Article 1. Purpose of the Law
This law shall establish state regulation of movable
cultural property, movable cultural property records, protection,
funding of protection, and liability for violations of this Law.
Article 2. Basic Concepts
Basic concepts of this Law include:
movable cultural properties, denoting the movable cultural
properties created 50 years ago and earlier, and based on their
designation and nature, movable material creations and other
things resulting from public and individual activity, possessing
great cultural value, including those significant in an ethnic,
archeological, historical, artistic, scientific, technical,
religious and another sense and also, insofar as they describe
typical, as well as specific phenomena of national existence;
also, a creation of great cultural value, which came into
existence less than 50 years ago, may also be a movable cultural
property;
antique objects, denoting all material creations resultant
from public and individual activity and other objects, or the
parts thereof, created prior to 50 years ago and earlier,
regardless of their remaining cultural value;
cultural monument of Lithuania, pertaining to a movable
cultural property declared a cultural monument of Lithuania
according to the procedure established by this Law;
protection of movable cultural properties, including the
totality of the means which are employed in the protection, for
current and future generations of movable cultural property
science, education, cultural continuity and for other purposes;
state records of movable cultural properties, comprising a
register (further - Register) of state-protected movable cultural
properties not kept at state depositories and lists of movable
cultural properties kept at state depositories for movable
cultural properties (hence - state depositories);
regulations on protection of movable cultural properties,
including general or individual protection, maintenance and use
regulations, ensuring protection of a movable cultural property;
movable cultural property certificate, pertaining to a
document which contains the basic data concerning the movable
cultural property, copy of decree by the Minister of Culture to
include the property within the Register, photocopies or other
video material, information concerning restoration and
conservation work performed, location sites and changes in
ownership;
conservation, comprised of research-based activities, aimed
at protection of a movable cultural property from spontaneous
deterioration;
restoration, comprised of research-based activities, aimed
at disclosing the cultural value through elimination of
violations, deterioration, conserving the authentic and
recreating the missing parts.
Article 3. Objects of Law
1. The objects of this Law shall be movable cultural
properties and antiques, including:
1) archeological discoveries;
2) material examples of ethnic culture;
3) objects related to most important historical events,
history of society, culture, war and sports and the lives of
illustrious persons;
4) firearms and non-firing weapons;
5) cultural properties: fine and applied art creations; art
photographs and other original creations; national art creations;
parts of structures and the fragments thereof;
6) musical instruments;
7) books of manuscsripts, incunabula, codes, printed matter
and other publications;
8) objects possessing numismatic, sphragistic, heraldic, or
philatelic value, orders and medals;
9) objects depicting science, engineering and the history of
technology;
10) archival documents;
11) collections, selections, sets or other objects which
hold artistic, historical or other cultural value, as a whole,
regardless of what the value or types of individual parts shall
be.
2. Individual parts of movable cultural properties may also
be movable cultural properties.
Article 4. Possession of Movable Cultural Properties by
Right of Ownership
1. Movable cultural properties may by right of ownership,
belong to the State of Lithuania, local governments and natural
and legal persons.
2. All movable cultural properties found on land, its
surface, water, buildings, as well as structures or the parts
thereof, whose owner shall not be established or has lost the
right to such according to law, shall be transferred to state
ownership. In accordance with the procedure established by the
laws of the Republic of Lithuania, compensation shall be paid to
the individual who has found and handed over a movable cultural
property.
Article 5. Legal Principles Governing Protection of
Movable Cultural Properties
Protection of movable cultural properties shall be
implemented based on the Constitution of the Republic of
Lithuania, laws and other legal acts.
Article 6. International Agreements and Conventions
In the event other regulations shall be established in
agreements or conventions of the Republic of Lithuania, than
those which are provided for in legal acts regulating movable
cultural property protection, the regulations established by
international agreements or conventions of the Republic of
Lithuania shall apply.
Chapter II
STATE REGULATION OF PROTECTION
OF MOVABLE CULTURAL PROPERTIES
Article 7. Institutions Ensuring Movable Cultural
Property Protection
The following state institutions ensure protection of
cultural properties:
1) State Commission for Cultural Heritage Protection;
2) Ministry of Culture of the Republic of Lithuania;
3) Department of Archives of Lithuania;
4) county governors;
5) local governments.
Article 8. State Commission for Cultural Heritage
Protection
The State Commission for Cultural Heritage Protection shall
be the expert and consultant to the Seimas of the Republic of
Lithuania, President of the Republic, and the Government. The
State Commission for Cultural Heritage Protection shall:
1) in conjunction with the Ministry of Culture form a state
policy of movable cultural property protection, supervise its
implementation, and assess the programmes that implement this
policy;
2) assess distribution and use of budgetary funds earmarked
for protection of movable cultural properties;
3) assess legal acts that regulate protection of movable
cultural properties or their drafts, and submit proposals:
4) assess and approve proposals to include movable cultural
properties in the Register, as well as to strike them therefrom,
to designate them as monuments and to cancel decisions concerning
their designation as monuments;
5) hear the reports of institutions ensuring movable
property protection and assess the activity of said institutions;
6) shall have the right to verify how movable cultural
properties are preserved;
7) shall inform the public regarding problems in movable
cultural property protection.
Article 9. Competence of Ministry of Culture and of
Department for Protection of Movable Cultural
Properties of the Ministry of Culture Within
Movable Cultural Property Protection Sphere
1. The Ministry of Culture shall:
1) in conjunction with the State Commission for Cultural
Heritage Protection, establish a strategy for movable cultural
property protection and its implementation policy;
2) implement State policy for protection of movable cultural
properties and present reports on the implementation of this
policy to the Government and Seimas.
3) prepare drafts of laws and other legal acts, regulating
movable cultural property protection;
4) determine and, subsequent to approval by the State
Commission for Cultural Heritage Protection, confirm the
procedure for including movable cultural properties in the
Register and the procedure and criteria for declaring movable
cultural properties cultural monuments of Lithuania and appoint
commission of experts to assess movable cultural properties;
5) establish, reorganise, close, fund and supervise museums
and libraries as well as other institutions connected with
movable cultural property protection;
6) issue licenses for restoration and conservation of
movable cultural properties;
7) approve restoration boards, attesting commission of
restorers, and board for export of cultural properties;
8) grant to state depositories the rights of expert;
9) prepare and finance protection and restoration programmes
of movable cultural properties in museums and libraries;
10) establish the procedure for record keeping, protection,
conservation and restoration of movable cultural properties
(except archival documents).
11) provide state guarantees for insurance of the movable
cultural properties, temporarily brought into the Republic of
Lithuania from abroad for exhibition purposes;
12) be in charge of location of missing movable cultural
properties and the return thereof;
13) inspect records of movable cultural properties and
protection thereof in museums and libraries;
2. The Department of Cultural Heritage Protection of the
Ministry of Culture shall:
1) implement the state policy for conservation of cultural
properties not located in state depositories;
2) prepare drafts of laws and other legal acts, regulating
conservation of movable cultural properties, not located at
cultural property depositories;
3) record movable cultural properties (except archival
documents), not located at state depositories, prepare, manage
and protect the Register;
4) issue certificates of movable cultural properties
included in the Register, and prepare regulations governing
conservation of movable cultural properties;
5) verify the observance of protection regulations governing
cultural properties included in the Register;
6) appeal to court regarding compulsory buy out of cultural
property included in the Register, funds disbursed for the
restoration and conservation of cultural properties, recovery,
and also compensation for damages incurred through improper
restoration and conservation of, as well as improper protection
and use thereof;
7) sponsor and fund programmes for restoration, conservation
and research of cultural properties included in the Register;
8) issue permits for restoration and conservation of
cultural properties, included in the Register;
9) register transactions regarding cultural properties
included in the Register;
10) issue permits for the export of cultural properties and
antique objects abroad;
11) issue licenses to engage in trade in antiques, and
supervise the observation of the regulations governing such
trade. It shall draw up violation of administrative law protocols
for violations of these regulations and set administrative
penalties;
12) supervise record keeping and protection of movable
cultural properties in museums and libraries and issue protocols
for violations in movable cultural property record keeping and
protection and set administrative penalties;
13) supervise the procedural observation for restoration and
conservation of movable cultural properties. It shall issue
administrative law violation protocols and sets administrative
penalties for violations of this procedure;
14) shall carry out other functions assigned by the Ministry
of Culture.
Article 10. Competence of Department of Archives at the
Government of Republic of Lithuania within
Archival Document Protection Sphere
The Law on Archives shall determine the competence of the
Department of Archives at the Government of the Republic of
Lithuania, within the sphere of archival document protection. The
procedure for record keeping, conservation and restoration of
movable cultural properties and monuments, preserved within
archives, must be coordinated with the Ministry of Culture.
Article 11. Competence of County Governor within
Movable Cultural Property
Protection Sphere
The county governor shall:
1) amass information regarding cultural properties included
within the Register, that are located within the county;
2) have right to propose to the Ministry of Culture
inclusion of cultural properties within the Register;
3) sponsor protection, conservation and restoration of
cultural property programmes of county significance and cooperate
in the funding of such programmes according to the procedure
established by law;
4) establish, finance, supervise, reorganise and close a
county museum and other institutions of county significance,
connected with protection of movable cultural properties;
5) appoint and dismiss a county museum governor as well as a
chief custodian, upon receipt of a concurrence in writing by the
Ministry of Culture.
Article 12. Local Government Competence within Sphere
of Movable Cultural
Property Protection
The local government shall:
1) amass information regarding cultural properties included
in the Register, which are located within the local territory;
2) be responsible for protection of the movable cultural
properties of the local government;
3) fund the research, conservation, restoration and
installation of protection means for movable cultural properties
belonging to local government;
4) prepare, fund and implement programmes of movable
cultural property protection;
5) verify the observance of regulations governing trade in
antiques;
6) establish, finance, supervise, reorganise and close local
museums and local government libraries and other institutions
connected with protection of movable cultural properties;
7) appoint and dismiss local museum and municipal library
governors as well as local museum chief custodians, upon receipt
of concurrence in writing by the Ministry of Culture.
Chapter III
MOVABLE CULTURAL PROPERTY RECORDS
Article 13. State Records of Movable Cultural
Properties
1. The objects listed in Article 3 of this Law, that
maintain a lasting cultural value and are preserved by the state,
shall be included by the state in records.
2. State records of movable cultural properties comprise an
integral part of movable cultural property protection.
3. Movable cultural property records are comprised of:
1) inventory lists of movable cultural properties preserved
in the museums and libraries of Lithuania;
2) collective stock of the Archives of Lithuania;
3) Register.
4. The Minister of Culture establishes the procedure for
record keeping of movable cultural properties, preserved in
museums and libraries;
5. The Archives Department of Lithuania following
coordination with the Minister of Culture, establishes the record
keeping procedure for movable cultural properties preserved in
archives.
Article 14. Inclusion of Movable Cultural Properties in
and Deletion from Register
1. The Minister of Culture shall confirm the statutes.
2. Based upon the conclusion reached as a result of
appraisal by the commission of movable cultural property experts,
and following coordination of this with the State Commission for
Cultural Heritage Protection, the Minister of Culture shall
include movable cultural properties in the Register and delete
them therefrom.
3. In cases of exception, when there exists the danger of
destruction of the movable cultural property or some other loss
thereof, the Minister of Culture shall have the right to include
the movable cultural property in the Register without following
the procedure established by this Article.
4. Parts of movable cultural properties may also be included
in the Register as individual movable cultural properties.
5. The owner of a movable cultural property, the municipal
government, county governor or the Ministry of Culture, may
propose inclusion of a movable cultural property into the
Register. In the event the movable cultural property fails to be
included into the Register, the Ministry of Culture must provide
a justifiable response to the individual or institution who
submitted the proposal to the ministry.
6. The owner of a movable cultural property included within
the Register, shall be issued the rules for protection of the
cultural property and a certificate.
7. A movable cultural property which does not belong to the
state, may be included in the Register, only contingent upon
permission by the owner, with the exception of instances whereby
a permit is issued for its temporary export from the Republic of
Lithuania or if it is threatened with destruction.
8. Movable cultural properties may be stricken from the
Register, if they shall be acquired by state depositories or if
it shall be established by the movable cultural property
appraisal committee of experts that the movable cultural
property:
1) has deteriorated or has been destroyed;
2) does not possess or has lost its lasting value.
9. A movable cultural property shall be stricken from state
records, if it shall be exported from the country irretrievably,
according to inter state agreements, as indicated in instances
provided for in Article 24 of this Law.
10. Register information shall be supplied to institutions
ensuring the protection of cultural movable properties.
11. Publication of Register information concerning owners
and location of protection site of movable cultural properties,
shall be prohibited, without permission by the owner.
Article 15. Cultural Monuments of Lithuania
1. The most significant movable cultural properties included
in state records, upon recommendation by the Minister of Culture,
based on the conclusions of the movable cultural property
assessment commission of experts and with the concurrence of the
State Commission for Cultural Heritage Protection, shall be
declared cultural monuments of Lithuania by the Government.
2. The decision on declaration of Cultural Monuments of
Lithuania may be annulled per decision of the Government, in
accordance with the procedure established in part one of this
Article.
Article 16. Lists of Fixed Assets and Low Value Stock,
Possessing Cultural Value, Held by
Enterprises, Institutions and Organisations
1. The fixed assets and low value stock, possessing cultural
value (works of visual and applied art, musical instruments and
other), of enterprises, institutions, organisations and also of
political, religious and public organizations etc.), are included
in separate records in the aforementioned institutions. The
Ministry of Finance in coordination with the Ministry of Culture,
decides the procedure for including these objects in records.
2. Authorities of the institutions responsible for the
protection of cultural properties shall have the right to verify
the lists of fixed assets and low value stock, possessing
cultural value, and to propose inclusion of the movable cultural
properties in the Register according to the procedure established
by law.
Chapter IV
SAFE-KEEPING OF CULTURAL PROPERTIES
Article 17. Safe keeping of Movable Cultural Properties
in State Depositories
1. Safe-keeping and accumulation of movable cultural
properties in state depositories comprises one of the basic parts
in state protection of movable cultural properties. For this
reason they are bought up, acquired in another fashion or
accepted for safe-keeping based upon rights of deposit.
2. Conditions and procedure for safe-keeping of movable
cultural properties in state depositories shall be determined by
the laws and other legal acts, regulating the activities of
Lithuania's archives, libraries and museums.
3. Documents regulating the protection of movable cultural
properties of state depositories, designated as cultural
monuments of Lithuania, must establish additional requirements
for protection, safe-keeping, conservation and restoration.
Article 18. Safe-keeping of Cultural Properties
Included in the Register
1. The Department of Cultural Heritage Protection shall
prepare regulations for the safe- keeping of every movable
cultural property included in the Register, fill out a movable
cultural property certificate and give these to the owner,
manager or user.
2. The movable cultural properties shall be kept in safety
by their owners, managers or users. They shall be obligated to
observe the requirements of movable cultural property
regulations.
3. In seeking to preserve movable cultural properties
included in the Register, the State shall:
1) prepare the regulations for protection of movable
cultural property;
2) monitor how the owners, managers or users of movable
cultural property observe the requirements, established in the
movable cultural property regulations;
3) supervise trade involving movable cultural properties,
their import into the Republic of Lithuania and their export from
the Republic of Lithuania;
4) finance the conservation, restoration and research of
movable cultural properties and organisation of protection means
and display at exhibitions;
5) furnish qualified consultations gratis, regarding
determination of ownership of movable cultural properties,
condition assessment, means required for protection of movable
cultural properties, stock taking of scientific properties and
scientific investigation of movable cultural properties and
collections;
6) organise search for a missing movable cultural property.
4. The Department of Cultural Heritage Protection shall
supervise observance of regulations for the protection of movable
cultural properties included in the Register. The State
Commission for Cultural Heritage Protection shall also hold the
right to control how regulation requirements are met.
5. Should the manager or user of a movable cultural property
fail to meet the requirements set forth in the protection
regulations, the Department of Cultural Heritage Protection shall
issue a written warning to him and to the owner of the cultural
property and shall set a deadline for fulfilment of protection
regulations requirements. Should the movable property manager or
user fail to meet the preservation regulation requirements by the
appointed date, the Department of Cultural Heritage Protection
shall hold the right to demand that the owner of the movable
cultural property take it away from the manager or the user and
ensure its proper protection.
Article 19. Compulsory Taking of Movable Cultural
Properties
Should the owner of movable cultural properties included in
the Register fail to observe regulations governing movable
cultural property protection, and mismanage it, or should this
property face danger of destruction through the owner's fault,
the movable cultural property may be taken from the owner for
compensation according to the procedure established by laws.
Article 20. State Support of Owners of Movable Cultural
Properties Included in the Register
1. The following shall be funded from the State Budget in
accordance with programmes approved by the Ministry of Culture:
1) work involved in research, conservation, restoration,
protection and equipping of movable cultural properties, declared
as cultural monuments of Lithuania with the means of protection;
2) work involved in examination of movable cultural
properties, included in the Register and 50 per cent or
restoration and conservation work;
3) transportation and insurance of movable cultural
properties included in the Register, displayed at exhibits
organised by state institutions.
2. The portion of the expenses incurred by owners of movable
cultural properties, in the performance of necessary
conservation, restoration and research work on exhibited, or
otherwise made accessible to the public, movable cultural
properties, shall be compensated from the protection fund money
according to the procedure established by the fund for the
protection of cultural properties.
3. Should a part of the movable cultural property become
either partially or totally destroyed, or its value otherwise
lost, the funds expanded by the state towards restoration,
conservation, research and installation of protection means, may
be exacted from the owner.
Article 21. Conservation and Restoration of Movable
Cultural Properties
1. Both legal and natural persons, in possession of a permit
(licence) issued according to the proper procedure, may conserve
and restore movable cultural properties.
2. Only restorers who have been certified by the
certification commission of the Ministry of Culture, may conserve
and restore movable cultural properties. Uncertified restorers
may also perform certain jobs under their supervision.
3. The restoration board affirms a program for movable
cultural property restoration and conservation, controls work
quality and process and receives the work.
4. The Ministry of Culture determines the procedure for
conservation and restoration, while the Department of Cultural
Heritage Protection supervises adherence thereof.
Chapter V
TRANSACTIONS INVOLVING MOVABLE CULTURAL PROPERTIES,
MOVABLE CULTURAL PROPERTY EXPORT FROM AND IMPORT
INTO THE REPUBLIC OF LITHUANIA
Article 22. Transactions Involving Cultural Properties,
Included in the Register
1. The owner of a movable cultural property, included in the
Register, in wishing to sell it or to otherwise transfer it, must
advise the future owner concerning this property's status and
regulation requirements for protection thereof.
2. Transactions involving cultural properties, included in
the Register must be drawn up in writing and within the course of
one month, be registered with the Department of Cultural Heritage
Protection, which shall record the new owner on a movable
cultural property certificate and provide him with regulations
relevant to protection of said property.
3. A movable property transaction drawn up with failure to
observe the requirements of this Article, shall be deemed
invalid.
Article 23. Trade in Antique Objects
1. Trade in antique objects shall only be permitted upon
receipt of a permit (licence) issued by the Department of
Cultural Heritage Protection.
2. The Government shall establish the regulations for trade
in antique objects.
3. Trade in antique objects shall be supervised by the
Deaprtment of Cultural Heritage Protection and the local
government. The State Commission for Cultural Heritage Protection
shall also have the right to verify how the regulations on trade
in antique objects are being observed.
4. The Department of Cultural Heritage Protection shall have
the right to suspend, for a 15-day period, the sale of an antique
object by a shop engaged in the antique business. Should the
experts establish, during the stated 15-day period, that the
antique object happens to be a movable cultural property, it may
be purchased by the State or included in the Register, pending
permission by the owner.
5. State depositories shall be accorded a priority right to
acquisition of movable cultural properties that are included in
the Register, found in shops engaged in the antique business, and
also at auctions. State depositories shall not hold the right to
engage in competitive bidding at auctions. The representative of
a state depository shall have the right to purchase that cultural
property, once the final price thereof is announced.
Article 24. Import of Movable Cultural Properties into
the Republic of Lithuania and Export from
the Republic of Lithuania
1. The Government shall establish the procedure for
importing movable cultural properties and antique objects into
the Republic of Lithuania and export of such from the Republic of
Lithuania.
2. The Department of Cultural Heritage Protection shall
issue a licence to export movable cultural properties and
antiques, the export of which requires a licence in accordance
with a list confirmed by the Government. In order to establish
the worth of movable cultural properties and antiques and to
appraise them, the Minister of Culture shall form a board of
experts for export of movable cultural properties. The decision
regarding an export licence must be adopted within 15 days from
the day of request. The Minister of Culture has the right to
extend this time limit for up to 30 days.
3. Should the board of experts determine that the object
intended for export is a movable cultural property, whose absence
from Lithuania would impoverish the cultural heritage of
Lithuania, a licence shall not be granted for permanent export
thereof. Under these circumstances, the movable cultural
property, may be included in the Register or purchased by the
state, pending agreement by the owner.
4. The Law on Archives shall establish the procedure for
export and import of archival documents.
5. The Department of Archives of Lithuania shall issue
licences for export of archival documents from the Republic of
Lithuania.
6. A movable cultural property that is included in the
Register or is preserved at a state museum or library, may upon
concurrence from the State Commission for Cultural Heritage
Protection, be exported from the Republic of Lithuania, only in
accordance with international agreements:
1) in the event of exchange of movable cultural properties,
upon the determination by a commission of experts of movable
cultural property assessment, that the movable cultural property
received on an exchange basis is unquestionably, more significant
to Lithuania's culture, than the movable cultural property given
in exchange;
2) in the event the movable cultural property shall be
returned to the state whence it had been exported illegally.
7. State insurance guarantees for movable cultural
properties may be applied to foreign movable cultural property
exhibits temporarily brought into the Republic of Lithuania
according to the procedure established by the Government.
Article 25. Return of Movable Cultural Properties
Illegally Taken From the Republic of
Lithuania
The statute of limitations shall not apply to return of
movable cultural porperties illegally taken out of the Republic
of Lithuania. The Government of the Republic of Lithuania shall
organise the search and return of missing movable cultural
properties.
Chapter VI
FINANCING OF PROTECTION OF MOVABLE
CULTURAL PROPERTIES
Article 26. Funding of Movable Cultural Property
Protection
1. Protection of movable cultural properties shall be funded
from the monies of the owners, managers or users of these
properties.
2. The following are financed from the state budget:
1) maintenance of state depositories and other institutions
involved in the protection of movable cultural properties;
2. installation, research, conservation and restoration of
measures of protection of movable cultural property owned by the
state;
3) state records of movable cultural properties;
4) buying out of movable cultural properties, compulsory
taking and conservation and restoration work of movable cultural
properties, as provided for in part one, Article 20 of this Law,
preparation of protection measures and the insurance and
transportation of movable cultural properties;
5) implementation of state programmes for movable cultural
properties;
6) search and recovery of illegally removed or stolen
movable cultural properties;
7) maintenance of institutions safeguarding protection of
movable cultural properties.
3. Local government budgets shall fund:
1) maintenance of depositories and other institutions, which
are involved in movable cultural property conservation,
established by local governments;
2) installation of protection measures of movable cultural
properties of local governments, research, conservation and
restoration of movable cultural properties;
3) local government programmes for protection of movable
cultural properties.
Article 27. Movable Cultural Property Protection Fund
1. A movable cultural property protection fund shall be
established at the Ministry of Culture, the provisions whereof
shall be confirmed by the Government.
2. The fund money shall be comprised of:
1) fines for violations in regulations governing movable
cultural property protection, trade in antique objects, and
movable cultural property conservation and restoration;
2) stamp duty for issue of licenses to export (send out)
movable cultural properties and antiques;
3) monies obtained from sale of movable cultural properties
and antique objects;
4) support obtained from the state, local governments,
natural and legal persons and charity;
5) other legally obtained monies.
3. The fund shall:
1) finance the purchase by state depositories of movable
cultural properties intended for export or sale;
2) provide compensation to owners for expenses incurred
during conservation, restoration and research work, involving
movable cultural properties, included in the Register that are
being exhibited or made otherwise accessible to the public.
Chapter VII
LIABILITY FOR VIOLATION OF LAW
Article 28. Liability for Violation of Law
Individuals in violation of this Law shall be liable
according to the procedure established by laws of the Republic of
Lithuania.
I promulgate this Law adopted by the Seimas of the Republic
of Lithuania.
ALGIRDAS BRAZAUSKAS
President of the Republic
Vilnius
January 23, 1996
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