Are Russian museums right when organizing transportation under sanctions?
The ban on the export of luxury goods from the customs territory of the EU is regulated by EU Regulation 2022/428 of March 15, 2022 (COUNCIL REGULATION (EU) 2022/428).
And there is a very subtle point here. If we strictly proceed from Article 3h, then the export of any luxury goods from the territory of the EU is prohibited (regardless of their customs status, since it is not specified), and the Finnish customs authorities act strictly in accordance with this paragraph and have every reason to detain the cargo, and The carrier shamelessly violates this clause. If you look a little more closely, there are a few things you need to take into account:
1.art objects from the Museum Fund must be imported into the EU under the procedure of temporary importation (admission), which is issued either by a declaration or an ATA carnet (unlikely). The procedure for temporary importation (admission) is a limiting procedure, that is, goods under it can be imported only for a certain period of time, and the limit is 2 years (in the EAEU it is absolutely the same). Before the end of the period, the goods must either be exported, which is formalized by placing them under the re-export procedure, or placed under the IMPORT procedure, which results in the obligation of the declarant (the party placing them under the procedure) to pay customs duties. You can’t just confiscate it in favor of the state (let’s say)!
This procedure is described on the website of the Finnish customs authorities.
The said article of Regulation 2022/428 does not in any way regulate the issue of temporary import and subsequent re-export
2) but then questions arise for the logisticians of Russian museums, who COULD NOT NOT KNOW about the sanctions restrictions – why didn’t they work out the issue with the forwarder and customs authorities (up to the World Customs Organization)? As a logistician, I can say for sure that we have been in hell for a month now, because the hysteria of European customs and carriers has no limits. In such a situation, with the existing level of uncertainty, extremely careful study was necessary.
“ВЧК ОГПУ”