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					Return Guarantee: Legal Basis

Cultural Property Transfer Act (CPTA), SR 444.1

Art. 10 Request
Should cultural property of one contracting state be on temporary loan for an exhibition in a museum or another
cultural institution in Switzerland, the institution borrowing the cultural property may request that the specialized body
issue a return guarantee to the loaning institution for the period of the exhibition as stipulated in the loan agreement.

Art. 11 Publication and Procedures for Objections
1
   The request is published in the Federal Bulletin. The publication contains a precise description of the cultural
property and its origin.
2
  If the request clearly fails to fulfill the conditions for issuing a return guarantee, the request will be denied and not
published.
3
  Parties pursuant to provisions of the Federal Act on Administration Procedure from December 20, 19684, may file an
objection in writing to the specialized body within 30 days. The deadline commences with publication.
4
  Failure to file an objection, precludes the parties from further action.

Art. 12 Issuance
1
  The specialized body decides on the request for issuing a return guarantee.
2
  The return guarantee may be issued in the event that:
   a. no person claims ownership to the cultural property through an objection;
   b. the import of the cultural property is not illicit;
   c. the loan agreement stipulates that the cultural property will be returned to the contracting state of origin following
      the conclusion of the exhibition.
3
  The Federal Council may establish additional requirements.

Art. 13 Effect
The return guarantee means that neither private parties nor authorities may make legal claims to the cultural property
as long as the cultural property is located in Switzerland.


Cultural Property Transfer Ordinance (CPTO), SR 444.11

Art. 7 (Return Guarantee)
1
  The institution borrowing one or more cultural properties must submit a request for issuance of a return guarantee to
the specialized body, at the latest three months prior to the intended import of the cultural property into Switzerland.
2
  The application must include the following information:
   a. name and address of the loaning institution;
   b. a description of the cultural property;
   c. as precise a description as possible of the cultural property’s origin;
   d. intended timeframe for the temporary import of cultural property into Switzerland;
   e. intended timeframe for the export of the cultural property from Switzerland;
   f. exhibition dates;
   g. application dates for the return guarantee.
3
  The application must be submitted in an official language. Information under paragraph 2b and c may also be
submitted in English.
4
  A copy of the loan agreement with the loaning institution must be appended to the application. The copy must
indicate that the cultural property will return to the contracting state from which it was borrowed at the completion of
the exhibition in Switzerland or at the completion of a traveling exhibition through multiple countries.
5
  The specialized body will provide the borrowing institution a deadline of 10 days to improve incomplete applications
or applications without a copy of the loan agreement. It issues the deadline with the threat of rejecting the application
without publication (Art. 11, para. 2, CPTA), to the extent the application is not completed within the deadline or a
copy of the loan agreement is not submitted.

				
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