French Customs may inspect artworks, antiquities and collectibles moving through or held in France. For international collectors and art market professionals, the key issue is often not ownership alone, but whether the object is accompanied by the documents required under French and EU cultural property rules.
Why can French Customs inspect cultural property?
France applies specific rules to the movement of objects presenting a historical, artistic, archaeological, aesthetic, scientific or technical interest. The French Customs administration controls documents required for the export and import of cultural property.
The applicable documents depend on the object, its age and value, its origin and destination, and whether the movement takes place within or outside the European Union. A customs control may therefore concern an export certificate or licence, an import formality, or evidence supporting the lawful origin of the object.
Evidence of origin can become central
Under Article L. 232-6 of the French Customs Code, persons holding or transporting the cultural property and national treasures covered by the provision must, at the first request of Customs, produce one of the supporting documents specified by the Code.
This rule can be particularly important for antiquities, archaeological material and ancient coins. It can also raise practical difficulties where an object has passed through several collections, dealers or jurisdictions and its documentary history is incomplete.
A control can develop into an investigation
A customs inspection does not necessarily end with a request for documents. Depending on what officers discover and on the legal classification of the objects, the procedure may lead to seizure, further enquiries, customs detention or subsequent criminal proceedings.
The legal basis for the control, the classification of the property, the documents actually required and the conditions in which subsequent measures are taken must therefore be examined carefully.
About the author
An article written by Alexis Fournol, Attorney at Law and Partner at Fournol & Associés.
Alexis Fournol advises and represents French and international art market professionals and collectors in art market, cultural property, customs and criminal law matters.
How Fournol & Associés can assist
Fournol & Associés regularly advises and represents art market professionals, collectors and owners in French customs matters involving artworks, antiquities, coins and other collectibles. The Firm has handled, and is currently handling, several matters involving customs controls and seizures, provenance and origin documentation, customs investigations and related criminal proceedings.
Our practice combines experience of French customs and criminal proceedings with an in-depth knowledge of the art market and cultural property regulations. We may intervene from the first stages of a customs control or investigation through to proceedings before the French courts.
Foreign clients may instruct Fournol & Associés directly. The Firm works in English and regularly acts as French counsel alongside foreign lawyers and other professional advisers. Contact the Firm.
Related sector and expertise
- Art Market Customs Law for Art and Cultural Property · Art-Related Criminal Law · Import and Export of Works of Art
Frequently Asked Questions
Can French Customs inspect artworks and collectibles?
Yes. French Customs has powers to control the movement of goods and to verify compliance with rules governing cultural property, including applicable export, import and origin documentation.
Do all old objects qualify as cultural property?
No. The applicable legal category must be established. The nature, age, value and, for certain objects, archaeological character or circumstances of discovery may be relevant.
Should a foreign collector seek French counsel after a customs control?
Where objects have been seized, documentation is challenged or the control develops into an investigation, French legal advice can help assess the legal classification of the property and the validity and consequences of the measures taken.
