Art Beyond Its Borders

The international circulation of works of art is a constant throughout history. What has changed over time is the value that communities have attributed to these objects, which were long considered solely for their aesthetic merit and as instruments for the display of power—power being a frequent (and interested) patron. Starting in the 19th century, artworks progressively acquired an identity-related value, becoming symbols around which communities recognize and unite themselves. Today, a "cultural asset" is broadly defined as a "testimony having value as a civilization" (Franceschini Commission, 1964). The material object that serves as its physical support must therefore be considered not only in its tangible form, but also as a vehicle for an intangible value—artistic, historical, archaeological, archival, and so on—that determines its cultural and social significance (as well as the need for specific legal protection). By virtue of this, the Treaty on the Functioning of the European Union, while establishing the principle of the free movement of goods within the internal market (Articles 34 and 35), allows Member States to impose restrictions and prohibitions on trade for the purpose of protecting national artistic, historical, or archaeological heritage (Article 36).

Section curated by CBM & Partners

Export

The export of cultural goods from Switzerland is not subject to authorization.

There are exceptions:

Law on the Transfer of Cultural Property of June 20, 2003 (LTBC)

Cultural goods (Art. 2, LTBC): goods important, whether religious or secular, for archaeology, prehistory, history, literature, art, or science, belonging to the category referred to in Art. 1 of the 1970 UNESCO Convention.

Federal Inventory (Art. 3, LTBC): cultural goods owned by the Confederation and of significant importance for the cultural heritage are registered here.

Effects of registration:

goods cannot be acquired or possessively claimed (usucapio),
the right of restitution is imprescriptible;
permanent export is prohibited.

It is possible to request authorization for the temporary exit of goods registered in the federal inventory if justified by purposes of research, conservation, or exhibition.

Cantonal Inventory (Art. 4, LTBC): includes cultural goods owned by the canton and privately owned goods located in the canton, subject to the consent of the owner.

The export of goods registered in the cantonal inventory is subject to authorization issued by the competent cantonal authorities (Art. 24, Ordinance on the Transfer of Cultural Property of April 13, 2005, OTBC).

Each canton may autonomously regulate the matter.

Example: Law on the Protection of Cultural Property of the Canton of Ticino, May 13, 1997 (Art. 29):

The export of a protected good outside the canton is subject to prior authorization from the Council of State, which decides after consulting the Cultural Property Commission.
Authorization for temporary export may be denied if sufficient guarantees are not provided that the object will return intact to the canton.
Recognized cultural institutions are by law authorized for temporary export.

Export: anyone intending to export cultural goods (not registered in the federal or cantonal inventory) must declare it to customs (Art. 4, LTBC), providing information about the type of cultural good and precise data on the place of production or discovery (Art. 25, OTBC).