Cap. 445 Art. 54Control of exportation and re- exportation. Renumbered/

(1) No person may move, export or re-export any cultural property without the written permission of the Superintendent.

(2) Any movement, when permitted, shall be subject to the payment of an administration fee as set out in the Schedule.

(3) The export and re-export, when permitted shall be subject to the payment of the fee as set out in the Schedule to ad valorem this Act and shall be subject to such other conditions as may be imposed by the Superintendent.

(4) Permission for movement, export and re-export may be granted for a limited period and without the payment of the fee referred to in sub-article (2) and (3) for the purpose of restoration, exhibition or study. The Superintendent may, in granting such permission impose guarantees for the return of the cultural property so exported or re-exported at such amount as shall be fixed by the Superintendent.

(5) The value of the objects for the purpose of the payment of the fee referred to in sub-article (3) shall be the amount declared by the exporter on proof of documents of acquisition, or if the Superintendence deems fit, the amount shall be fixed by one or more experts to be appointed by agreement between the Minister and exporter or, in default of agreement, by the First Hall of the Civil Court on the demand of the exporter, to be made by an application. The cost of the evaluation shall be borne by the exporter.

(6) In lieu of the payment of the fee in accordance with sub-article (3), the exporter may, with the consent of the Superintendent, give to the Government by way of one or more objects of a datio in solutum, value equivalent to the fee due.'

(7) The Government may acquire any object proposed to be exported, at such price as may be fixed in the manner laid down in this article within two months from the making of the valuation referred to in this article after notice of the intended export is given to the Superintendent. All expenses in connection with the valuation shall, in such cases, be at the charge of the Government.

(8) In the case of movement and importation of cultural property into Malta, for the purpose of a temporary exhibition, or temporary loan, or sale, the Superintendent may issue a certificate guaranteeing that Government renounces, with regard to these objects, to the right of preference and to the right to prohibit their re-exportation or movement outside Malta, for a period of ten (10) years from the date of the certificate and guarantee, which certificate and guarantee may be renewed:

Provided that in the case of persons taking up residence in Malta, or who have taken up residence in Malta, the Superintendent may issue a certificate guaranteeing that Government renounces, with regard to these objects, unless the objects are in the opinion of the Superintendent of national importance to Malta, to the right of preference and to the right to prohibit their re-exportation or movement outside Malta, for a period of ten (10) years from the date of the certificate and guarantee, which certificate and guarantee may be renewed:

Provided further that:

(a) a written request for the said certificate shall be made prior to the importation or movement into Malta of such cultural property; and

(b) the objects shall be examined and registered at the point of entry into Malta by the Superintendent; and

(c) the said cultural objects shall be accompanied by evidence of provenance and title regarding the cultural property, documentation regarding the movement or exportation or importation, and shall be described graphically and in writing in the certificate and guarantee.

(9) The Superintendent is to maintain a register of such movements and imports, provided that the register is kept accessible to the Minister and the Council.

(10) The Minister shall by regulations amend the fees established in the Schedule to this Act.