Although this can be done legally it’s wise to stop and think……..
What do British detectorists’s think about the export and import of Iraqi antiquities? About the exploitation of sites by the poor in Iraq to supply that market? The export and sale of Egyptian antiquities? Or Greek ones? We all “tut-tut” about that of course but often do not simply see this as in any way connected with what we do in Britain. It’s easy to take the ostrich approach and say if its not forbidden by law it must be ok.
Recording of Items you intend to sell with PAS:
Although the Recording of items with the Portable Antiquities Scheme is not mandatory we strongly recommend that if you do export any finds that these are recorded with the PAS before being sold.
BASIC INFORMATION ON EXPORT LICENSE REQUIREMENTS FOR THE SALE OF NON TREASURE METAL DETECTOR FINDS AND ARTEFACTS
This is a guide to the full regulations available from the DCMS website at www.culture.gov.uk
THE EXPORT CONTROL
| What is the purpose of the export control? |
The purpose of the export controls is to give an opportunity for the retention in this country of cultural goods considered to be of outstanding national importance. The system is designed to strike a balance, as fairly as possible, between the various interests concerned in any application for an export licence – for instance, the protection of the national heritage; the rights of the owner selling the goods; the exporter or overseas purchaser; and the position and reputation ofthe UK as an international art market.
| How does the export control work? |
For cultural goods over certain age and monetary limits, an individual licence is required for export from the UK to European Union (EU) destinations and non-EU destinations (see paragraphs 4 and 5), unless one of the exceptions in Table 1 applies (see page 13). There is both EU and UK legislation on the export control of cultural goods and either an EU or a UK licence application may be required depending on the type of object and the destination to which you intend to export. Licences may be required for both permanent and temporary exports, including when you are transferring your own property abroad.
| When must I have an individual export licence? |
If you are intending to export a cultural object, regardless of its destination (within or outside the EU), you must apply for an individual licence if your object is valued at or above a specified financial threshold. To determine whether you require an individual licence,
| How do I obtain the required licence application form? |
Telephone the Export Licensing Unit on 020 7211 6164 or 6167 and request either an EC licence application form or a UK licence application form. If you are unsure, the staff of the Licensing Unit will be happy to advise you. You should apply as soon as you know that an object is to be exported and the name and address of the consignee to whom it is going
| How soon will I receive my export licence once I have submitted my application? |
This depends on whether your application is referred to an Expert Adviser in a national museum or gallery for scrutiny as to national importance. If an Expert Adviser needs to be consulted, the papers will normally be referred within five working days of the receipt of your application. We ask our Expert Advisers to respond to us within 15 working days.
| How does an Expert Adviser decide what is of national importance? |
An Expert Adviser may object to the granting of a licence if he or she believes that an object satisfies one or more of the Waverley criteria (see paragraph 25). This can include an object by a living manufacture or producer. Expert Advisers are entitled to view an object before reaching a decision.
| What should I do if I discover that I have inadvertently exported an object without the required licence? |
You should make a voluntary written disclosure of the facts and circumstances to the Head of the Export Licensing Unit. DCMS may then refer your written disclosure to Customs and Excise who are responsible for the enforcement of the export control. It is then for Customs and Excise to consider what action is appropriate.
You should be aware that if an object is presented to Customs for export without an export licence where one is required, the exporter and any other party concerned with the unlicensed exportation may be subject to penalties including criminal prosecution under the Customs and Excise Management Act 1979. The unlicensed object may also be subject to seizure under the provisions of the same Act.
| What if I learn that Customs and Excise have stopped the export of my object? |
You should speak to the office of Customs and Excise concerned.
| Objects excluded from the export control |
- Birth, marriage or death certificates or other documents relating to the personal affairs of the exporter or the spouse of the exporter.
- Letters or other writings written by or to the exporter or the spouse of the exporter.
- Any object exported by, and being the personal property of, the manufacturer or producer thereof (does not apply to companies), or the
- spouse, widow or widower of that person. Any object less than 50 years of age at the time of export.