China's traditional and fine art command an important part of the country's rich heritage. Since ancient times, Chinese society has cherished its excellence in the arts. The exportation of traditional and fine art from China is protected by different regulations and relevant restrictions.
THE STRICT LEGISLATIVE FRAMEWORK OF TRADITIONAL ART
Every country cherishes its traditional heritage, and China is no exception. The country therefore keeps its legislative framework on its treasures very strict. For example, a Memorandum of Understanding between the U.S. and China was signed in 2009 pursuant to which the U.S. has agreed to restrict imports of all Chinese art made before the end of the Tang Dynasty (907 AD). This Memorandum of Understanding has been renewed for successive five-year terms in 2014 and 2019, respectively, and most recently on January 14 of this year. Based on the website of the National Cultural Heritage Administration (国家文物局), a total of 15 batches, or 504 pieces/sets of Chinese traditional art, have been recovered under this MOU prior to the expiry of the last renewal. As of December 2023, China has entered into similar inter-governmental agreements with 25 other countries.
The Law of the People's Republic of China on Protection of Cultural Relics (中华人民共和国文物保护法), first passed in 1982 and most recently amended in 2017, governs the conservation and exportation of traditional art in China. Such exports are, of course, prohibited but can be authorized upon state council approval. Chapter VI of the law also states that cultural relics to be taken out of the country shall be subject to examination and verification by the relevant authorities designated by the administrative department in charge of cultural relics under the state council. Exhibitions of traditional art must also follow government procedures.
HOW IS FINE ART DEFINED IN CHINA?
In Chinese law, the term fine art (美术品) or art work (艺术品) refers to works of art with an aesthetic sense created by artists through the use of lines, color or other methods. This includes paintings, calligraphy, sculpture, photographs and devices, and permitted reproductions signed by their original artists in editions of less than 200. This definition does not include mass-produced artistic handicrafts and cultural relics.
WHAT ABOUT CHINESE FINE ART EXPORT REGULATIONS?
The Provisional Regulations on the Management of the Import and Export of Fine Art (美术品进出口 管理暂行规定), jointly promulgated by the former Ministry of Culture (now known as the Ministry of Culture and Tourism) and the General Administration of Customs in 2009 gives the right to government authorities to prohibit the import and export of fine art if they include any content listed in the 11 categories of its Article 5. These categories are, namely, content that:
(1) Violates the basic principles of the Constitution of China
(2 )Endangers the unification of the country, national sovereignty or territorial integrity
(3) Divulges state secrets, endangers national security, honor or interests
(4) Incites ethnic hatred or discrimination, or harms ethnic unity or habits and customs
(5) Propagates or publicizes cults or superstitions
(6) Disrupts social order or stability
(7) Advocates or publicizes obscenity, pornography, gambling, violence, horror, or instigates crime
(8) Libels, slanders or harms the legitimate rights and interests of others
(9) Deliberately tampers with history or severely distorts history
(10) Harms public morals or ethnic cultural traditions, or
(11) Other content prohibited by laws, State Council regulations, and rules set by the country.WHAT ARE THE REQUIREMENTS FOR THE EXPORTATION OF CHINESE FINE ART?
Based on the Administrative Measures on the Artwork Business (艺术品经营管理办法) promulgated in 2016, which replaced the 2004 Administrative Measures on the Fine Art Business (美术品经营管理办法 ), approval from the provincial cultural bureau in the province where the export port is located is now required to export fine art out of China.
The exporting entity must make a filing with the appropriate county-level cultural bureau regarding its exporter status. A response will usually be granted by the relevant authority within 15 days after receiving the application.
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