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Ministry of Justice

Republic of Tajikistan

  On April 8, 2019 No. 40

LAW OF THE REPUBLIC OF TAJIKISTAN

of April 4, 2019 No. 1593

About export and import of historical and cultural values

Accepted by the Resolution MH MOPT of February 20, 2019, No. 1293

Approved by the Resolution MM MORT of March 29, 2019, No. 632

This Law determines legal and organizational basis of process of export and import of historical and cultural values and is directed to protection and preserving historical and cultural heritage.

Chapter 1. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are used:

- export of historical and cultural values - movement by physical persons and legal entities through Frontier of the Republic of Tajikistan of historical and cultural values without obligation of their return;

- import of historical and cultural values - movement by physical persons and legal entities through Frontier of the Republic of Tajikistan of historical and cultural values without obligation of their return;

- temporary export of historical and cultural values - temporary export by physical persons and legal entities through Frontier of the Republic of Tajikistan of historical and cultural values with the obligation of their return at the scheduled time;

- temporary import of historical and cultural values - temporary import by physical persons and legal entities through Frontier of the Republic of Tajikistan of historical and cultural values with the obligation of their return at the scheduled time;

- historical and cultural values - the physical items representing national, historical, archaeological, art, scientific and cognitive, spiritual and moral and cultural value, being national and universal property;

- state examination of historical and cultural values - studying by authorized state body in the field of culture, the expert (specialist) or the group of experts (specialists) of subject of examination for the purpose of its determination as national, historical, archaeological, art, scientific and educational, moral, spiritual and cultural value, and also if necessary, acceptance for this purpose analytical scientific and technical measures.

Article 2. Legislation of the Republic of Tajikistan on export and import of historical and cultural values

The legislation of the Republic of Tajikistan on export and import of historical and cultural values is based on the Constitution of the Republic of Tajikistan and consists of this Law, other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by Tajikistan.

Article 3. Coverage of this Law

1. To historical and cultural values, irrespective of patterns of ownership, falling under operations of this Law, belong:

- the works created by individuals, or group of persons, being citizens of the Republic of Tajikistan;

- the works created by the foreign citizens and persons without citizenship living in the territory of the Republic of Tajikistan;

- finds from the territory of the Republic of Tajikistan;

- the works collected in the state and non-state museums, funds, libraries, reserves, archives, including archives of audio and videos, art galleries, collections and in other storages;

- finds search, archaeological, folklore and it is natural - scientific expeditions;

- the works received as a result of voluntary exchanges;

- the works found, received as heritage, gift, or acquired in other legal way including in the territory of the states where they happen;

- the works imported on the territory of the Republic of Tajikistan, foreign physical persons and legal entities;

- private collections.

2. Export and import of the weapon which is historical and cultural value and also the historical and cultural values containing precious metals and gemstones are performed according to the procedure, established by the legislation of the Republic of Tajikistan.

3. Operation of this Law does not extend to turnover of modern souvenir products, objects of cultural purpose of serial and mass production.

Article 4. The historical and cultural values which are not subject to export

The following historical and cultural values, except as specified, established by this Law are not subject to export from the Republic of Tajikistan:

- the physical items representing national, historical, archaeological, art, scientific and cognitive, spiritual and moral and cultural value, being national and universal property, listed in the List of the historical and cultural values which are not subject to export or in the State register of historical and cultural values;

- the values which are constantly stored in the museums, archives, libraries, reserves, other state and public storages of the Republic of Tajikistan;

- the rare historical and cultural values created more than fifty years ago.

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