The Minister of Culture explains how collectors can avoid getting in trouble with the law

Following the publications on amendments to the Criminal Law related to the collection of antiques, Neatkarīgā received many questions from collectors and owners of antiques, which were forwarded to the Minister of Culture Nauris Puntulis. By his order, the responsible officials of the ministry prepared answers with instructions on the requirements to be met by collectors and custodians of antique items not to come into conflict with the strict requirements of the Criminal Law.

On February 22 this year, Neatkarīgā published an article entitled “Having and selling antiques has now become dangerous in Latvia”, and on March 4 - “Collectors are made into potential criminals.”

The publications resonated with many people. It turned out that the topic of collecting antiques affects an unexpectedly wide part of the public. Every day we received questions about how to properly store, buy, sell, find, transport antiques without being punished under the amendments to the Criminal Law. Collectors and owners of antiques expressed concern about their actions in the context of changes in the law.

The questions received and the concerns expressed there were divided into four sets of situations described by the readers. Quoting what was said in the readers' letters, we asked the Minister of Culture to provide an explanation for each set of situations. The answers were prepared by Elvita Ruka, a specialist of the National Heritage Board, on behalf of Minister N. Puntulis.

What to do when selling antiques?

Excerpt from the situation described by readers (collectors): “Every spring I load a bus with various old items, about 1000 items (horseshoes, keys, hinges, handles, bicycle and other parts, cans, a box with various coins, badges, magazines, books, porcelain figurines, plates, mugs, watches, glasses, etc.), and I go to the Ikšķile antique market. During the summer, I drive to the markets in Riga (Biķernieki), as well as in Kaunas (Republic of Lithuania) and Tallinn (Republic of Estonia) with about the same cargo (the items that had not been sold). I sell, exchange and buy these items in the markets because I collect old watches myself.”

Questions:

1. Must every item on the bus be listed and accompanied by proof of receipt?
2. Should an acceptance certificate, or some other document be created when buying, selling or exchanging the above?
3. Is there something else that needs to be done if I am planning a trip beyond the Latvian border to the EU?

Answer from the Ministry of Culture:

1. There are no special requirements regarding listing or the presence of documents certifying the acquisition for items offered in the various markets of old household and antique items. However, if you are going to an antique market with various old items, it would be advisable to know the origin of these items. This is especially true of coins, which could include monetary units in circulation in the territory of Latvia until the 17th century, which could have been found in excavations and which are protected as antiques by the Law "On Protection of Cultural Monuments". Also, documents proving the acquisition of items are always useful, which can help avoiding unpleasant situations if someone has a claim against the item offered for sale.
2. Same requirements apply to the possession of goods obtained by buying, selling or exchanging property. A document certifying the purchase, sale or exchange will be a security for the bona fide acquirer of the item and will protect him from possible problematic situations if a claim for illegal transfer of the item will be raised.
3. If you are planning a trip with antiques outside the borders of Latvia, even in the territory of the EU, the Cabinet of Ministers Regulations No. 846 of December 20, 2016 “Regulations Regarding Exportation of Cultural Monuments, Including State-owned Antiquities, Art and Antique Articles from Latvia and Importation Thereof into Latvia” apply to you. Annex 1 to these Regulations indicates the categories of cultural objects for which an export permit issued by the National Heritage Board is required. For the purposes of the Regulations, they are certain cultural objects that are older than 50 years that have been created by persons and production units mentioned in arts and cultural records of Latvia and that do not belong to their authors and originators, as well as cultural objects older than 100 years, regardless of their origin country. We recommend that you carefully review the range of goods to be exported before the trip and, in case of uncertainty, consult the National Heritage Board about the need for a permit.

Can antiques be imported to Latvia?

Excerpt from a letter from readers (collectors): “I work in Germany, but I do not intend to break ties with Latvia and I often drive to my homeland to visit my family. I visit weekend markets in Germany because in my free time I have started collecting old coins - both for my own benefit and for financial savings. I usually buy big denomination coins - marks, thalers, etc. I try to find coins in circulation in the territory of Latvia. In Germany, my collection includes several coins of the Free City of Riga, mainly shillings and verdins (minted around 1570). Coins purchased at markets do not have purchase documents, while those purchased at specialized antiques and auctions have purchase documents. Part of the collection is located in Latvia, but the largest number of items is in Germany.”

Questions:

1. Can I transfer my collection to Latvia (I usually drive by car), and do I have to declare it on arrival (many coins do not have purchase documents)?
2. Will coins older than 1700 have to be handed over to the state? Will I be remunerated for them and to what extent?
3. Will I be able to keep them and what conditions must be met in order to continue building my collection (including coins older than 1700)?

Answer from the Ministry of Culture:

1. A person may import into the Republic of Latvia any cultural object lawfully obtained abroad and lawfully exported from other countries. In this case, we recommend that you check the legal regulations in force in Germany regarding the export of cultural objects and whether any of the coins or the collection as a whole do not require an export permit before transporting the items. We also recommend that you find out the legal regulations of the countries you plan to cross by land, in this case, Poland and Lithuania, concerning the import and export of cultural objects, in this case, numismatics.
2. Section 7 of the Law “On Protection of Cultural Monuments” stipulates that in the Republic of Latvia state property includes antiques, including coins that are older than the 17th century (including), and have been found in archaeological sites in the territory of the Republic of Latvia. In this case, if a person has documents proving the ownership or acquisition of property outside Latvia (for example, a coin purchase agreement, purchase invoice, permit or certificate for export of a cultural object from another European Union Member State, etc.), then coins can safely belong to the owner in the territory of the Republic of Latvia. If an object is older than the 17th century (including) and qualifies as an antique in the Republic of Latvia, and has been acquired or purchased in another country, including the European Union, where the movement and export of the relevant items are not restricted, but the person does not have documents certifying legal acquisition or purchase of the item it should be preceded by a statement that the country of origin has no objection to the export of the items and that they are not of cultural or historical significance, to avoid potential problems upon bringing it to Latvia.
3. In order to successfully and safely collect coins and other items in Latvia that fall into the category of antiques and are older than the 17th century, collectors must be able to prove their legal origin - documents on legal ownership or acquisition outside Latvia or, if the object is found in the territory of the Republic of Latvia, a certificate of legal origin of antiques issued after March 30, 2013 from the National Heritage Board or a seller's certificate of the fact that the object has been reported to the National Heritage Board before March 30, 2013.

What to do with inherited antiques?

Excerpt from the reader's letter: “We have lived in the United States for several generations. There was information in the media that in Latvia all old valuables ​​must be handed over to the state, otherwise there is a threat of imprisonment. My family owns some brooches and ancient money from before the emigration, including the so-called Kurzemes Jēkabs' thaler. If possible, we ask you [meaning - Neatkarīgā] to facilitate a clear response from the authorities."

Questions:

1. When entering Latvia, can we bring these family treasures and give them to our nephew, who is interested in antiquity and the history of our family?
2. Will these items have to be handed over to civil servants at the border? We are not going to do anything illegal, but unfortunately, the certificate from the duke about the gifting of thaler has not been preserved in our family.

Answer from the Ministry of Culture:

If there are no restrictions on the export of cultural objects from the United States, then they may be imported into the European Union, including Latvia.

However, if there is an object older than the 17th century (including) and it qualifies as antiquity in the Republic of Latvia, but the person does not have documents certifying the legal acquisition or purchase of the object in another country, then in order not to have problems with proving the legal origin of the object after importing, it would be necessary to receive a certificate the subject has no cultural-historical significance in the country of origin.

The import of cultural objects into Latvia from countries that are not in the European Union is regulated by the Cabinet of Ministers Regulations No. 846 “Regulations Regarding Exportation of Cultural Monuments, Including State-owned Antiquities, Art and Antique Articles from Latvia and Importation Thereof into Latvia”, which states that upon import of a cultural object intended for temporary importation into Latvia from countries which are not members of the European Union, the owner (possessor) is obliged to declare them at the Latvian customs office.

If objects older than the 17th century (including) and which are considered to be antiques within the framework of the regulatory enactments of the Republic of Latvia, are to be gifted it would be recommended to enter into a gift agreement so that the recipient of the gift would not have any unpleasant situations later in connection with proof of the legal origin of objects.

How to legally search for antiques?

Excerpt from a letter from an owner of a metal detector: “I am an owner of a metal detector, but I hope I am not a so-called nighthawker. Searching for metals is a leisure activity for me. I comply with the requirements of the legislation that are known to me (I started the search only after coordination with the landowner and receiving an answer that his land is not a cultural monument protection zone). In the course of the search, I have found various individual finds, including coins (even before 1700), some rings, crosses or other objects of undefined age. I do not sell the finds and over time I have gathered a collection, which I would like to supplement with other objects I found myself.”

Questions:

1. Do you have to make any other legal preparations before going on a "legal search" in order not to violate the legal requirements?
2. Can and when may the objects found be cleaned to avoid administrative or criminal liability for the possible "destruction, damage or desecration of the cultural object" or its improper storage?
3. Does everything found has to be handed over to the state? I can't date many items (by age), do I need to take any action after finding them, and how do I "legalize" them so I can keep them in my possession and collection?
4. Will I be reimbursed for the findings if they have to be handed over to the state? Where and what determines the amount?
5. If a coin deposit is found, will the state repurchase it, as is the case in Estonia, or will it have to be handed over free of charge, or will it be possible to obtain permission to keep it?

Answer from the Ministry of Culture:

1. The use of metal detectors in search of concealed property is regulated by the Civil Law, as well as the procedure for their use in the territories of cultural monuments and protection zones shall be regulated by the Law “On Protection of Cultural Monuments”. Section 953 of the Civil Law provides: “It is prohibited to search for concealed property on the land of another person. Those who act contrary to this provision, shall not acquire any of or anything from the concealed property they have found, and all such property shall accrue to the person who owns the land.” Practically, this means that without the permission of the landowner (possessor) it is prohibited to search for concealed property on the respective land plot. This also applies to searches with a metal detector. In addition, it must be taken into account that the found property is the property of the landowner (possessor) and not the finder. Therefore, if the applicant is not the owner (possessor) of the land and wants to keep the found objects, it must also be agreed with the owner (possessor) of the land, because unauthorized taking and acquisition of another's property without the permission of the previous owner is theft. Also, when using a metal detector, it should be taken into account that Sections 21 and 23 of the Law “On Protection of Cultural Monuments” stipulate that metal detectors may not be used in the territory of cultural monuments and their protection zones without the permission of the landowner. In turn, devices for determining metal objects and the density of material (for example, metal detectors) may be used in research works in cultural monuments, including during any search and excavation, only with the permission of the National Heritage Board.
2. Section 229.1 of the Criminal Law, which establishes criminal liability for the destruction or damage of antiques under the protection of the Republic of Latvia, which are not in the museum's collection, or antiques under the protection of another state, establishes liability for damage or destruction of antiques older than the 17th century (including) that have been found in archeological ancient sites under the protection of the Republic of Latvia. In turn, for all antiques older than the 17th century (including) that are found the National Heritage Board must be notified immediately, but not later than within 5 days, in writing, which assesses whether or not the location is an archaeological site, as well as whether the antiques themselves are not considered to be cultural monuments. Therefore, if you find an antique that is older than the 17th century (including), then its initial cleaning, pending the opinion of the National Heritage Board, should be carried out only in a manner that does not in any way alter or damage the find.
3. No, everything found does not have to be handed over to the state. The state owns those antiques found on the state land (Section 953 of the Civil Law), as well as antiques found in archeological ancient sites that are older than the 17th century, including (Section 7 of the Law on Protection of Cultural Monuments). However, as provided in Section 17 of the Law “On Protection of Cultural Monuments”, the finder shall, without delay, but not later than within five days, notify the National Heritage Board in writing of the objects found in the ground, above the ground, in water, in buildings or parts and remains thereof and which might have historical, scientific, artistic or other cultural value, as well as of the location and conditions thereof. Practically all antiques older than the 17th century (including), are of cultural and historical value, therefore such findings must be reported to the National Heritage Board by writing an application and describing the circumstances of their discovery. When evaluating the discovery and the conditions of the discovery, the National Heritage Board determines whether the found antiquities are state property or they remain in the private property of the submitter of the application and a certificate of their legal origin is issued. The certificate shall be issued if it is established that the site is not an archaeological site and the submitter can be considered to be the owner of the object in accordance with the norms of law. If there are doubts about the age of the found objects or their historical, scientific, artistic or other cultural value, then it is possible to contact the experts of the Cultural Objects Circulation Department of the National Heritage Board, who will help to determine it.
4. No compensation shall be due for the transfer of such antiquities which, in accordance with the regulatory enactments of the Republic of Latvia, are state property.
5. Cases of finding a coin deposit shall be assessed in the same manner as notifications of other objects of historical, scientific, artistic or other cultural value. If it is established that the deposit consists of state-owned coins - antiques (found in archaeological sites and older than the 17th century, including), then it shall be transferred without compensation, but if it is established that the site is not an archaeological site and the applicant under the provisions of the law is considered to be the owner of antiques, then the National Heritage Board shall issue a certificate of their legal origin, and antiques shall lawfully become their private property.

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