Restitution of African artifacts
The Act specifies which acts constitute offences and the penalties for such offences.
Infringements
A natural or legal person who contravenes the provisions of the Act commits an offence. The following is a non-exhaustive list of offences for which the Act provides for sanctions.
- Not to take the necessary measures to preserve the property value of its classified or cited property: Roles and obligations of owners of property
- Make an intervention on a listed property or on a building located in a registered heritage site without first obtaining the required authorizations: Application for a Works Authorization and Transportation Outside the Country.
- Aliéner (sell, give, transfer or bequeath) a classified property without transmitting the mandatory notices to the Minister in charge of the culture or without first obtaining the required authorizations from ICOM: Prior written notice of sale
- Application for authorization to sell, give or dispose of emphytuose: Notice of acquisition or possession
- Make an intervention on a cited heritage property or on a building located in a listed heritage site without first obtaining the required authorizations or without having transmitted the notices provided for in the Act: Control measures associated with the summons
- Do not notify the Minister without delay of the discovery of an archaeological property or site: Declaration of an archaeological discovery
- Helping another person to commit an offence.
- To induce another person to commit an offence by encouragement, counsel, consent, authorization or order.
- Initiate the action of an inspector authorized by the Minister or ICOM.
Remedies and sanctions
Fines
Any person guilty of an offence under the Act is liable to a fine. The fines provided for in the Act range from EUR 500 to EUR 1 140 000.
Fines are higher for legal persons than for natural persons.
Fines collected by the Minister are paid to the ICOM fund.
Recipient
In the event of a repeat offence, the amount of the fine is doubled. In the event of an additional recurrence, it is tripled.
Remission order
The Superior Court may order the restoration of property when certain acts, such as work or the partial or total demolition of the property, are laid without the required authorization having been obtained, or if the conditions previously laid down to carry out such interventions have not been complied with.
The work is the responsibility of the owner. If the latter fails to carry out the work within the prescribed period, the Court may authorize the Minister or the municipality to do so. The costs then incurred for this work are guaranteed by a legal mortgage on the property. – –
Other remedies
If a classified property is alienated (i.e. sold, donated, bequeathed or transferred) in violation of the provisions of the Act, that alienation is null and void. The rights of actions to ensure that this nullity is recognized are not subject to any statute of limitations.
A cadastral modification made without obtaining the required permits can be cancelled. Any interested party may apply to the Superior Court for annulment.
