Export delays established by the Canadian Cultural Property Export Review Board (CCPERB) provide an opportunity for Canadian collecting organizations such as galleries, museums, archives, and libraries to acquire cultural property objects or collections that are facing permanent export.
During an export delay period established by CCPERB, an institution or a public authority in Canada may make an offer to purchase the cultural property that is subject to the delay. The purchase price is negotiated between the export permit applicant and the organization.
If a sale agreement cannot be reached, either the applicant or the organization may, pursuant to section 30 of the Cultural Property Export and Import Act (the Act), submit a written request to CCPERB, asking that it determine an amount that would constitute a “fair cash offer to purchase.”
If CCPERB does not receive a request to determine a fair cash offer, CCPERB will, after the expiration of the delay period and on the export permit applicant’s request, direct a Canada Border Services Agency permit officer to issue an export permit forthwith in respect of the cultural property.
To inform CCPERB’s determination, both parties (the applicant and the institution making an offer to purchase) are invited to provide written statements supporting their position as to what constitutes a fair cash offer. For example, these statements may include information on recent sales of comparable objects. Parties may consult with the CCPERB Secretariat for guidance on effective supporting information. CCPERB also reserves the right to seek its own independent monetary appraisal.
All information received relating to the fair cash offer request is shared with both parties, and each has the opportunity to provide a rebuttal for CCPERB’s consideration.
Requests to determine a fair cash offer must be received by CCPERB no later than 30 days before the export delay expires. An export permit shall not be issued until CCPERB has made its determination of what constitutes a fair cash offer.
Once CCPERB determines a fair cash offer amount, both parties are informed. The parties may then proceed with the sale of the object at an amount equal to or greater than the amount determined by CCPERB.
If the organization (or another Canadian organization) does not make an offer to purchase the cultural property for an amount equal to or greater than the amount determined, CCPERB will direct a Permit Officer of the Canada Border Services Agency to issue an export permit upon the expiration of the delay period, and at the request of the applicant.
If the applicant refuses an offer to purchase the cultural property for an amount equal to or greater than the amount determined by CCPERB, the refused export permit stands for a period of two years from the date the original Notice of Refusal was sent.
