KGSG

The Cultural Property Protection Act (KGSG), which came into force in the summer of 2016, provides special protection for loans to public cultural institutions in Germany, about which we would like to inform our lenders.

Section 6, Paragraph 2 of the Cultural Property Protection Act (KGSG) of July 31, 2016, also allows for temporary protection of loans as national cultural property if the institution to which the loans are provided is protected as national cultural property under Section 6, Paragraph 1, Nos. 2 or 3 KGSG, and the lender gives their consent.

The Bröhan Museum, Berlin’s State Museum for Art Nouveau, Art Deco, and Functionalism, is one of the institutions listed in Section 6, Paragraph 1, Nos. 2/3 KGSG. If the respective lenders agree, their loans will be considered national cultural property for the duration of the loan agreement – just like our own collection. This means that in the event of the unlawful removal of a loan abroad, the Federal Republic of Germany has a right to demand its return from an EU Member State under Section 69 KGSG, or from a third country under Section 70 KGSG. This claim can be made independently of any potential civil claim for return by the owner. The costs of a return procedure under these provisions do not have to be borne by the owner. An export license is required for the temporary export of a loan to other countries within the internal market or to third countries. Finally, lenders who opt for this special protection benefit from the 75-year statute of limitations according to Article 8 of Directive 2014/60/EU.

Consent may be withdrawn at any time and will end with the termination of the loan agreement, without the need for a separate declaration.