You buy a painting at auction in Paris and intend to have it delivered to London, New York, Geneva or another international destination.<\/p>\n
Can you simply pay the auction house and ask a shipper to collect it?<\/p>\n
Sometimes yes. Sometimes no.<\/p>\n
French law places specific restrictions on the export of certain artworks and cultural objects. Depending on the object\u2019s age, value, nature and destination, the owner may need a French export certificate, a temporary export authorisation, an EU export licence, customs documentation, or a combination of these.<\/p>\n
The fact that you lawfully purchased the artwork in France does not, by itself, establish a right to remove it immediately from French territory.<\/p>\n
No. The French cultural-property export regime applies only to categories of objects satisfying criteria laid down by law, including criteria relating to age and value.<\/p>\n
Under Article L. 111-2 of the French Heritage Code<\/a>, the temporary or permanent export of qualifying cultural property from French customs territory requires a certificate issued by the French administration. The categories are detailed in the regulatory part of the Heritage Code. Different rules apply to paintings, sculptures, archaeological objects, manuscripts, books, photographs, collections and other categories. There is therefore no single financial threshold applicable to every artwork.<\/p>\n The French Ministry of Culture\u2019s export procedure<\/a> provides access to the applicable forms and categories.<\/p>\n The French certificate does more than authorise a single shipment.<\/p>\n For a cultural object falling within the relevant categories, the certificate establishes that the object is not a French national treasure.<\/p>\n Under Article L. 111-2, the certificate is in principle permanent. For qualifying objects no more than one hundred years old, however, it is issued for twenty years and can be renewed.<\/p>\n This distinction matters because the French system is designed not merely as a customs formality, but as a mechanism allowing the State to assess whether an important object may leave the national territory.<\/p>\n A tr\u00e9sor national<\/em> (national treasure) is subject to a considerably stricter regime. A national treasure cannot be permanently exported from France.<\/p>\n The Ministry of Culture explains<\/a> that, whatever its value or age, an object classified as a national treasure may leave France only temporarily, subject to mandatory return. For an international purchaser, this is obviously a fundamental issue.<\/p>\n A refusal to grant a certificate can therefore have consequences extending well beyond a delay in shipping. It may affect the intended location, use and potentially the economic assumptions underlying the acquisition.<\/p>\n Potentially, yes. This is frequently misunderstood. The French national regime applies when qualifying cultural property leaves French territory, including when it is moving to another EU Member State.<\/p>\n French Customs explains that, depending on whether the departure is temporary or permanent, the owner or representative may need either a French export certificate or an autorisation de sortie temporaire (AST). French Customs\u2019 cultural-goods export guidance is available here<\/a>.<\/p>\n The absence of an EU external border does not therefore mean that French cultural-property rules cease to apply.<\/p>\n A second regulatory layer may apply.<\/p>\n An artwork travelling from France to the United States, United Kingdom or Switzerland leaves the customs territory of the European Union.<\/p>\n For qualifying cultural goods, EU law requires an export licence under Council Regulation (EC) No 116\/2009<\/a>.<\/p>\n French Customs therefore distinguishes two regimes: the French national rules, governing the departure of certain cultural property from France; and the European regime, governing the export of qualifying cultural goods outside the EU.<\/p>\n In some cases both documents are required. In other cases, because the French and EU thresholds do not completely coincide, an EU export licence may be required even where a French certificate is not.<\/p>\n This is why the destination must be considered from the outset.<\/p>\n Not necessarily. The conditions of sale may specify whether the auction house offers assistance with export applications or whether responsibility rests with the buyer.<\/p>\n A foreign purchaser should not assume that payment of the invoice automatically triggers every administrative application necessary to remove the work from France.<\/p>\n For an important acquisition, the position should be checked before bidding or immediately after the sale.<\/p>\n The same applies to expected timing. If an artwork must be installed, exhibited or resold abroad by a particular date, the administrative process should be factored into the transaction schedule.<\/p>\n Our broader guide, \u201cBuying Art at Auction in France: 10 Things Foreign Buyers Should Know\u201d, explains why export planning should form part of the acquisition process rather than being treated as a purely logistical matter.<\/p>\n There are important exceptions. French law provides, in particular, that cultural property temporarily imported into French customs territory is not subject to the ordinary certificate requirement under Article L. 111-2.<\/p>\n French Customs also explains that certain objects present in France for less than two years, or placed under temporary admission, may fall within specific exemptions from the national certificate or temporary export authorisation regime. The precise import history of the object can therefore matter.<\/p>\n This is one reason to preserve customs and transport documents when artworks move internationally.<\/p>\n A specialist shipper may provide invaluable practical assistance and may handle customs formalities within the scope of its instructions.<\/p>\n But using a shipper does not eliminate the owner\u2019s legal obligations.<\/p>\n The legal classification of the object, the need for a certificate or licence, the existence of previous import documentation and the accuracy of information supplied to Customs may require separate assessment.<\/p>\n In particular, the French rules governing cultural-property movement should not be confused with ordinary shipping arrangements.<\/p>\n Fournol & Associ\u00e9s regularly advises on these issues as part of its French art-market practice<\/a>.<\/p>\n Yes. French Customs is responsible for checking the documents that must accompany qualifying cultural property.<\/p>\n The Heritage Code (Code du patrimoine) provides that the certificate or temporary export authorisation must be produced when requested by customs officers.<\/p>\n Where questions arise about the object\u2019s status, documentation, origin or intended movement, a control can become more extensive.<\/p>\n Our English article on French Customs and supporting documents for cultural property<\/a> explains some of the documentary issues that can arise. More serious cases can involve seizure or investigative measures, as discussed in What Happens After French Customs Seize an Artwork or Collectible?<\/a>.<\/p>\n Cultural-property rules are not necessarily the only restrictions.<\/p>\n Antique furniture, jewellery, decorative art, musical instruments and other collectibles may incorporate ivory, tortoiseshell, exotic woods or materials derived from protected species.<\/p>\n French Customs notes in its cultural-goods export guidance<\/a> that the Convention on International Trade in Endangered Species \u2014 CITES \u2014 may create an additional regulatory layer for objects incorporating protected fauna or flora.<\/p>\n An object may therefore be legally exportable from a cultural-property perspective while still requiring separate environmental documentation.<\/p>\n The essential questions are straightforward:<\/p>\n These questions should be resolved before the artwork reaches the border.<\/p>\nWhat does a French export certificate actually mean?<\/h2>\n
What is a French \u201cnational treasure\u201d?<\/h2>\n
Is an export certificate required if the artwork is going to another EU country?<\/h2>\n
What changes if I am taking the work to the United States, United Kingdom or Switzerland?<\/h2>\n
Does the auction house obtain the export documents automatically?<\/h2>\n
What if the artwork was recently brought into France from abroad?<\/h2>\n
Is a professional art shipper responsible for checking everything?<\/h2>\n
Can French Customs stop an artwork?<\/h2>\n
What about ivory, tortoiseshell or other protected materials?<\/h2>\n
What should a foreign buyer check before arranging shipment?<\/h2>\n
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About the author<\/h3>\n