Act to Prevent the Exodus of German Cultural Propertyalff.eabh.info/fileadmin/pdf/1workshop/presentations/...Act to Prevent the Exodus of German Cultural Property Aims and Tasks –

Act to Prevent the Exodus of German Cultural PropertyAims and Tasks – Opportunities and Limitations (An experience report)

Act to Prevent the Exodus of German Cultural PropertyAims and Tasks – Opportunities and Limitations (An experience report)

Presentation by Elke Pfnür on 23 November 2012 at the First Workshop for the (ALFF) in Europe at the EABH e.V.

Contents

< Original situation at HypoVereinsbank

< The Act to Prevent the Exodus of German Cultural Property – Aims and Tasks

< The decision-making process in the Bank and the balanceof opportunities and limitations

< The entire process from the application through to publication in the German Federal Gazette

< Was it advisable? Is it advisable for other private archives?

2






n Founded in Munich in 1835

n On the initiative of King Ludwig I of Bavaria

n Permit for banking, issuing, insurance and mortgage activities


n The initiative came from the middle classes (financiers and entrepreneurs)

n Permit for banking and mortgage activities

Bayerische Vereinsbank Bayerische Hypotheken- und Wechsel-Bank

The four branches of HypoVereinsbank - UniCredit Bank AG

nFounded in Ansbach in 1780

nOn the initiative of Margrave Carl Alexander of Ansbach-Bayreuth

nPermit for banking activities

Bayerische Staatsbank Vereins- und Westbank

n Merger between Vereinsbank (Hamburg) and Westbank (Husum), 1974 in Hamburg

n Vereinsbank: founded in 1856 (Hamburg)

nWestbank: resulted from a forced merger of several northern German banks in 1943

n Permit for banking activities

3 www.hvb.de/geschichte

http://www.hvb.de/geschichte

11. 04.1869 § Bayerische Vereinsbank (BV) is founded.

08. 03.1971 § BV merges with Bayerische Staatsbank to become the second largest bank in Bavaria.

01.09.1998 § As the result of the merger of BV and Bayerische Hypotheken- und Wechsel-Bank AG, HypoVereinsbank is launched, becoming Germany's second largest bank.

The path to today's UniCredit Bank AG

14.01.2005 § HypoVereinsbank takes over Vereins- und Westbank in Hamburg, thus establishing a strong presence in northern Germany as well.

12.06.2005 § HypoVereinsbank announces that it is to become a member of UniCredit and therefore part of one of the largest European banking groups.

15.12.2009 § The legal name of Bayerische Hypo- und Vereinsbank is changed to UniCredit Bank AG.

4

UniCredit S. p. A.

…strong European roots

…an international presence

…a broad customer base

We benefit from…

5

n Banks in 22 countries

<approximately 9,400 branches

<and more than 155,000 employees

Source: www.unicreditgroup.eu

http://www.unicreditgroup.eu

Domestic banks which are exclusive or majority holdings

UniCredit S.p.A.Market presence in more than 50 countries throughout the world

Argentina (Buenos Aires), Australia (Sydney), Belgium (Brussels), Brazil (Sao Paulo), China (Beijing, Guangzhou, Shanghai), France (Paris), Great Britain (London), Greece (Piraeus), Hong Kong, India (Mumbai), Iran (Teheran), Ireland (Dublin), Israel (Tel Aviv), Japan (Tokyo), Libya (Tripolis), Norway (Oslo), Netherlands (Amsterdam), Switzerland (Zurich), Singapore, South Africa (Johannesburg), Spain (Madrid), South Korea (Seoul), USA (Boston, Miami, New York), United Arab Emirates (Abu Dhabi), Vietnam (Hanoi)

Own branches, representative offices, small bank subsidiaries or investment centres (Pioneer)

6

UniCredit S.p.A.Worldwide "Historical Archives" in 3 countries

Domestic banks which are exclusive or majority holdings

Own branches, representative offices, small bank subsidiaries or investment centres (Pioneer)

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Historical Archives of each bank in the respective country

Corporate History in UniCredit

n UniCredit Bank Austria AG

n Founded 2006 in Vienna

n Head: Dr Ulrike Zimmerl

n Concept: close cooperation

with the scientific community

n UniCredit S. p. A.

n Founded in Milan

n Head: Giampietro Morreale

n Concept: Historical Archives

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n UniCredit Bank AG (HypoVereinsbank)


n Head: Elke Pfnür

n Concept: Communication & Sales support

n Founded in Milan in 1835

n UniCredit S. p. A. (Banca di Roma)

n Founded in Rome

n Head: Fabio Del Giudice

n Concept: Historical Archives

Contents






9






The Act to Prevent the Exodus of German Cultural Property (KultgSchG)

Family & SME Germany

11.12.1919Decree is issued by the German Reich government and a register of cultural objects of national importance is drawn up

After 1945 Register of cultural objects of national importance is re-compiled

6.8.1955Act to Prevent the Exodus of German Cultural Property (incl. archive materials) of the Federal Republic of Germany enters into force

14.11.1970UNESCO convention on measures to prohibit and prevent the illicit import, export and transfer of ownership of cultural property (e.g. illegal trade; spoils of war); the UNESCO Convention on cultural property

1010

3.7.1980"Act for the Protection of Cultural Property of the German Democratic Republic" enters into force

8.7.1999The Act to Prevent the Exodus of German Cultural Property is revised due to the Unification Treaty.

18.5.2007German Cultural Property Act is extended to include a law of execution on the UNESCO Convention on cultural property (incl. Act on the Return of Cultural Objects)

18.12.2008 EU regulation on the export of cultural objects (116/2009)

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Act to Prevent the Exodus of German Cultural Property – Aims and Tasks (1)

Section I

Artworks (e.g. paintings,

sculptures) and other

cultural objects (e.g. library

material) – with the exception

of archive items

§ 1 - § 9

Act to Protect German Cultural Property against Removal

Section II Section III Section IV

As a general rule, this applies to PRIVATE ARCHIVE MATERIALS…of major importance …for Germany's economic history …; and not to cultural objects in the public domain or under church ownership, or to the cultural property of public corporations

11

Artworks (e.g. paintings,

sculptures) and other

cultural objects (e.g. library

material) – with the exception

of archive items

§ 1 - § 9

Archive materials

§ 10 - § 15

Fine and penalty

regulations

§ 16 - § 17

Regulations on amendments

and final provisions

§ 18 - § 24

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Act to Prevent the Exodus of German Cultural Property –Aims and Tasks (2)

Aim ITo preserve the cultural heritage in order to be able to pass it on unscathed to

future generations.

Aim II

Aim III

Aim IV

To strengthen our German identity

To promote international understanding: every nation protects its cultural property, and this protection benefits the general good.

Cultural objects should not be taken out of the country, in other words, where national cultural property has been "removed", its return should be effected.

12

Aim IV Cultural objects should not be taken out of the country, in other words, where national cultural property has been "removed", its return should be effected.

Notification obligations and authorisations

Contents



<The decision-making process in the Bank and the balance of opportunities and limitations



13



<The decision-making process in the Bank and the balance of opportunities and limitations



The decision-making process in the Bank


2003Meeting of the Association of German Business Archivists (VdW); interview with Bodo von Eberstein from the Merck-Archiv in Darmstadt

Dec. 2005Internal research begins; clarification of responsibilities (federal states) ("situs rule"); inventory issues (Hamburg vs. Bavaria)

Jan. 2006

Ministerialdirektor Dr Kuhlmann of the Bavarian State Ministry of Sciences, Research and the Arts was approached (informal level)• To present the Historical Archives• To explore the opportunities (registry quota?; accessibility?) • To acquire greater knowledge of the process• To inquire about the next steps

Inspection and appraisal of the Bank's Historical Archives by Ministerialdirektor Dr Kuhlmann and Prof. Dr Rumschöttel (Directorate-Generalof the Bavarian State Archives)

14

July 2006Draft of a letter to Minister of State Dr Thomas Goppel on behalf of theManagement Board is sent to head of COM

Feb. 2006Inspection and appraisal of the Bank's Historical Archives by Ministerialdirektor Dr Kuhlmann and Prof. Dr Rumschöttel (Directorate-Generalof the Bavarian State Archives)

Aug. 2008Draft of a letter to Minister of State Dr. Thomas Goppel on behalf of the Management Board is sent to head of COM; Dr Allgäuer speaks to VOR and application is submitted

14

Limitations

< Limits the Bank's scope of action, i. e. the Bank is no longer in sole charge of the archive materials (e.g. may not destroy or transfer it etc.) and increases the administrative burden considerably.

n The German Federal Commissioner of Culture and Media Affairs must authorise any export or other transfer of the archive materials out of the country* (export authorisation requirement). The Commissioner is not autonomous, taking the advice of 5 experts. Risk: non-authorisation, authorisation with certain conditions that may involve higher costs, for example, time-consuming authorisation procedure In extreme cases: any plan involving export must be reported without delay. (Notification obligation)

n Any relocation within Germany must be reported to the Bavarian State Ministry of Sciences, Research and the Arts who will notify the federal government in turn (notification obligation)

n Any loss or damage of archive materials must be reported. (Notification obligation)

n Any change of owner or ownership must be reported. (Notification obligation)

n It is not as profitable to sell archive materials since the good prices are achieved abroad

n Excessive expectations are bound to be "let down". The Historical Archives are no longer protected from closure (duty of care is no longer a legal requirement) and does not automatically receive more funding from VOR.

n Obligations arising from existing international agreements are unaffected by this law, i.e. archive materials that have been acquired unlawfully (written documentation, estates, collections) must be returned. (Provenance research, NS misappropriation of archive materials);

n If the Bank contravenes, or attempts to contravene, the export authorisation, this may be punishable with a sentence of up to three years' imprisonment or a penalty [criminal offence] – Violations of the notification obligation are an administrative offence and may be subject to a fine.

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< Limits the Bank's scope of action, i. e. the Bank is no longer in sole charge of the archive materials (e.g. may not destroy or transfer it etc.) and increases the administrative burden considerably.

n The German Federal Commissioner of Culture and Media Affairs must authorise any export or other transfer of the archive materials out of the country* (export authorisation requirement). The Commissioner is not autonomous, taking the advice of 5 experts. Risk: non-authorisation, authorisation with certain conditions that may involve higher costs, for example, time-consuming authorisation procedure In extreme cases: any plan involving export must be reported without delay. (Notification obligation)

n Any relocation within Germany must be reported to the Bavarian State Ministry of Sciences, Research and the Arts who will notify the federal government in turn (notification obligation)

n Any loss or damage of archive materials must be reported. (Notification obligation)

n Any change of owner or ownership must be reported. (Notification obligation)

n It is not as profitable to sell archive materials since the good prices are achieved abroad

n Excessive expectations are bound to be "let down". The Historical Archives are no longer protected from closure (duty of care is no longer a legal requirement) and does not automatically receive more funding from VOR.

n Obligations arising from existing international agreements are unaffected by this law, i.e. archive materials that have been acquired unlawfully (written documentation, estates, collections) must be returned. (Provenance research, NS misappropriation of archive materials);

n If the Bank contravenes, or attempts to contravene, the export authorisation, this may be punishable with a sentence of up to three years' imprisonment or a penalty [criminal offence] – Violations of the notification obligation are an administrative offence and may be subject to a fine.

* Bernd Neumann has been State Minister since 2005.

15

Opportunities

n Acclaim / increased prestige on all sides, including the government, because the Bank has historical archives and is making a significant contribution to preserving Germany's economic and financial history

n Increase brand recognition

n Supporting arguments "Historical archives are unique" (e.g for preservation and conservation expenditure; cost of preparation of finding aids)

n Protection of "the Bank's memory"

n Prior to transfer abroad

n Prior to the deletion obligation arising from the Federal Data Protection Act (possibly in connection with articles of association)

n Prior to destruction (the Act to Prevent the Exodus of German Cultural Property has priority over an archive law)

n Financial advantage: under the Act to Prevent the Exodus of German Cultural Property, the recorded archive material may be offset for tax purposes and to balance contributions

n A move is possible within Germany (subject to notification requirements only), i.e. the Bank will not lose its status of "national importance" in the event of permanent relocation. Only the responsibility is transferred, e.g. from Bavaria to Hamburg. Moreover, short-term placements, e.g. as loans to exhibitions, are also possible.

n Subject only to authorisation by the German Federal Commissioner of Culture and Media Affairs and provided the relevant export documents are submitted to Customs, export abroad is also permitted

n Relinquish the Archives' special role in UniCredit; the other historical archives (Austria and Italy) are also under a type of preservation order / national protection

16

n Acclaim / increased prestige on all sides, including the government, because the Bank has historical archives and is making a significant contribution to preserving Germany's economic and financial history

n Increase brand recognition

n Supporting arguments "Historical archives are unique" (e.g for preservation and conservation expenditure; cost of preparation of finding aids)

n Protection of "the Bank's memory"

n Prior to transfer abroad

n Prior to the deletion obligation arising from the Federal Data Protection Act (possibly in connection with articles of association)

n Prior to destruction (the Act to Prevent the Exodus of German Cultural Property has priority over an archive law)

n Financial advantage: under the Act to Prevent the Exodus of German Cultural Property, the recorded archive material may be offset for tax purposes and to balance contributions

n A move is possible within Germany (subject to notification requirements only), i.e. the Bank will not lose its status of "national importance" in the event of permanent relocation. Only the responsibility is transferred, e.g. from Bavaria to Hamburg. Moreover, short-term placements, e.g. as loans to exhibitions, are also possible.

n Subject only to authorisation by the German Federal Commissioner of Culture and Media Affairs and provided the relevant export documents are submitted to Customs, export abroad is also permitted

n Relinquish the Archives' special role in UniCredit; the other historical archives (Austria and Italy) are also under a type of preservation order / national protection

16

Contents

< Current situation at HypoVereinsbank





17

< Current situation at HypoVereinsbank





The regulatory decision-making process


3.9.2008

State Ministry issues injunction to commence the registration procedure in the registry of archives of national importance pursuant to the Act to Prevent the Exodus of German Cultural Property• Opportunity for the Bank to comment• Export of these archive materials is now prohibited, pending the decision.

4. 8. 2008Draft of a letter to Minister of State Dr. Thomas Goppel on behalf of the Management Board sent to head of COM; Dr Allgäuer speaks to VOR & application is submitted

18

From 9/2008

Expert committee is set up (4 BY, 1 federal commissioner). Within a pre-defined time limit, these five experts appraise the Historical Archives in a written procedure

HypoVereinsbank's Historical Archives is included in the registry of archives of "national importance".

5.11.2008 Final notice was issued

27.11.2008 Publication in the German Federal Gazette No. 181, p. 4264

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UniCredit Bank AG, Munich

19

Historical archives in the "Hypo" high-rise building at Arabellastr. 12

Contents






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Further information

www.kulturgutschutz-deutschland.de

2421

http://www.kulturgutschutz-deutschland.de

Thank you very much for your attention!

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Thank you very much for your attention!

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Documents

Act to Prevent the Exodus of German Cultural Propertyalff.eabh.info/fileadmin/pdf/1workshop/presentations/...Act to Prevent the Exodus of German Cultural Property Aims and Tasks –