Part 4

Property exported from occupied territory

Dealing in unlawfully exported cultural property

Offence of dealing in unlawfully exported cultural property
17
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 the general limit in a magistrates’ court 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 2 May 2022 the reference in subsection (6)(b) to the general limit in a magistrates’ court has effect as a reference to 6 months.
S. 17 in force at 12.12.2017 by S.I. 2017/1087, reg. 2
Words in s. 17(9) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1
Words in s. 17(6)(b) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1
Words in s. 17(9) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1