Cap. 445 Art. 55Right of preference.

(1) In the case of sale, export, movement, exchange, emphyteutical grant or lease of an object of cultural property the

Superintendent shall have the right, with the approval of the Minister of acquiring the same, in preference to all others on equal conditions including consideration as that concluded between the parties:

Provided that the right of preference shall be exercised in any of the following circumstances:

(a) when the cultural property is of high cultural value; or

(b) in the case of a potential physical threat to the cultural property; or

(c) in the case of export or movement resulting in its removal from national territory; or

(d) to guarantee the accessibility of cultural property:

Provided further that in the case of the export or movement of an object of cultural property Government shall acquire the same by title of sale.

(2) This right of preference may be exercised not later than two months from the date of the receipt of notice of such sale, export, movement, exchange, transfer or lease by any of the parties thereto, or from the date when the Superintendent shall come to know of the said sale, export, movement, exchange, transfer or lease, whichever is the earlier.

(3) In exercising the right of preference, where the consideration of the transfer cannot be otherwise established, the value of the cultural property in question there shall be followed the provisions of article 54.