Cultural Property (Armed Conflicts) Act 2017

Dealing in unlawfully exported cultural property

17 Offence of dealing in unlawfully exported cultural property

(1) It is an offence for a person to deal in unlawfully exported cultural property, knowing or having reason to suspect that it has been unlawfully exported.

(2) Subsection (1) does not apply to property imported into the United Kingdom before this section comes into force.

(3) A person deals in unlawfully exported cultural property if (and only if) the person—

(a) acquires or disposes of it in the United Kingdom or imports it into, or exports it from, the United Kingdom,

(b) agrees with another to do an act mentioned in paragraph (a), or

(c) makes arrangements under which another does such an act or under which another agrees with a third person to do such an act.

(4) “Acquires” means buys, hires, borrows or accepts.

(5) “Disposes of” means sells, lets on hire, lends or gives.

(6) A person guilty of an offence under this section in England and Wales is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding 7 years or a fine (or both);

(b) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine (or both).

(7) A person guilty of an offence under this section in Scotland is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding 7 years or a fine (or both);

(b) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both).

(8) A person guilty of an offence under this section in Northern Ireland is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding 7 years or a fine (or both);

(b) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both).

(9) In relation to an offence committed before section 282 of the Criminal Justice Act 2003 comes into force the reference in subsection (6)(b) to 12 months has effect as a reference to 6 months.

18 Forfeiture in connection with dealing offence

(1) The court by or before which a person is convicted of an offence under section 17 may order the forfeiture of the property in respect of which the offence was committed.

(2) The court may also make such provision as appears to it to be necessary for giving effect to the forfeiture.

(3) That provision may include, in particular, provision relating to the retention or disposal of the property.

(4) Provision made under this section may be varied at any time by the court that made it.