Practice Relating to Rule 41. Export and Return of Cultural Property in Occupied Territory
Section A. Export of cultural property from occupied territory
Germany’s Military Manual (1992) states: “Each party to the conflict shall be bound to prevent the exportation of cultural property from a territory occupied by it during an international armed conflict.”
Germany’s Law Implementing the 1954 Cultural Property Convention (2007) states:
§ 2 Prohibition on movement and seizure
(1) Every movement of cultural property from occupied territory of a Contracting State to the federal territory during an armed conflict, contrary to Paragraph I No. 2 of the Protocol, is prohibited. This does not apply to cultural property which, according to Paragraph II No. 5 of the Protocol, is intended to be deposited in the federal territory for the purpose of protection against the dangers of an armed conflict.
(5) Cultural property which, contrary to the prohibition in paragraph 1, is moved into the federal territory directly from a third country is subject to seizure by the competent customs authorities. The seizure shall be reported without undue delay to the Federal Foreign Office and to the Federal Government Commissioner for Culture and the Media.
(6) Without undue delay, the Federal Foreign Office shall notify the authorities of the Contracting States of the seizure.
(7) After the close of hostilities, seized property shall be returned to the person entitled to dispose of it, if the Contracting State, after inquiry, declares that no request is made. The property is also returned to the person entitled to dispose of it if the Contracting State does not make a declaration within one year …
(8) The Federal Foreign Office publishes the occupied territories of the Contracting States in the Federal Gazette.