Restitution procedures for cultural goods in possession of the Dutch State

If the cultural good is in possession of the Dutch State, you can address your request for restitution to the Cultural Heritage Agency of the Netherlands, which acts on behalf of the State Secretary of Culture and Media (OCW).

Send your request preferably by e-mail: restitutie@cultureelerfgoed.nl stating 'request for restitution'

Or send a letter to:

The State Secretary of Culture and Media (OCW)
Cultural Heritage Agency of the Netherlands
Postbus 1600
3800 BP Amersfoort
The Netherlands

In your letter or e-mail, provide the following information:

• particulars of the artwork (as fully as possible: type of object, title, maker/artist, current location and inventory number, and preferably also a description);
• name of the individual who was involuntarily dispossessed of the cultural good during the Nazi regime (the original owner);
• your own details and your relationship (in the context of inheritance) to the original owner. If you have appointed a representative, this authorized representative must be able to produce a written authorization that is no more than one year old, unless your authorized representative is registered as a lawyer in the Netherlands. In order to submit the request it is not necessary that you do this jointly with or on behalf of any other rights holders.

At this stage it is not yet necessary to submit any documents. The opportunity to do this will be provided later in the procedure for handling the request.  
 

Does the cultural good fall under the restitution policy?

The Cultural Heritage Agency will verify whether the work is indeed in possession of the Dutch State and if the request for restitution falls under the restitution policy. It will also determine if the claimed involuntary dispossession took place in the period covered by the restitution policy (1933-1945). If this fact is subject to doubt, the request will be passed to the Restitutions Committee.

Is the cultural good worthy of protection?

The Cultural Heritage Agency will verify whether the work is worthy of protection within the meaning of the Heritage Act. If this is the case, the Cultural Heritage Agency must request a recommendation from an independent committee. This is mandatory under the terms of the Heritage Act.

The content of the recommendation by the Expert Review Committee on Protection and Retention (in Dutch: Toetsingscommissie Beschermwaardigheid) does not determine whether your request for restitution has a chance of success or not.

Invitation to view the object

The contact person at the Cultural Heritage Agency will invite you to visit the museum, the organization or the warehouse where the cultural good is located so that you can view the work there.

The request is forwarded to the Restitutions Committee

If the work is in possession of the Dutch State and moreover the request falls under the restitution policy, the Cultural Heritage Agency will forward your request to the Restitutions Committee.

The Restitutions Committee confirms receipt of the request for recommendation to the applicant and the Cultural Heritage Agency. The Committee will investigate whether it is clear on whose behalf the applicant is acting and what relationship the applicant has to the original owner of the claimed object. One important issue here is whether the applicant belongs to the group of rights holders/heirs of the original owner. Then the Restitutions Committee sends a letter to the applicant and the Cultural Heritage Agency setting out the procedure of the Committee. Any questions on the part of the Restitutions Committee are also submitted in this letter.

Investigation by the Expert Centre for the Restitution of Cultural Goods and the Second World War

The Restitutions Committee may instruct the Expert Centre for the Restitution of Cultural Goods and the Second World War (the Expert Centre Restitution) to investigate the relevant historical facts.

The Expert Centre assesses the information provided by the parties. This often indicates the need for further (art) historical research which involves research in various archives in the Netherlands and abroad. Information of importance here involves the original ownership situation, the nature and circumstances of the loss of ownership and the treatment of any request for restitution made immediately after the war.

The Expert Centre uses the compiled data to produce a factual report that is sent to the applicant and the Cultural Heritage Agency to supplement existing facts. After processing of these additions, the Expert Centre sends the factual report to the Restitutions Committee.

Recommendation by the Restitutions Committee

The Restitutions Committee issues a recommendation on the request for restitution. When drawing up this recommendation, the Committee considers the factual report and any other documents that may have been submitted.

The Committee gives the applicant and the Cultural Heritage Agency the opportunity to respond to the factual report and to express their views. The Cultural Heritage Agency, acting on behalf of the State Secretary of Culture and Media (OCW), will only correct any factual inaccuracies and will not express a view. In addition to the written procedure, in principle an oral procedure will also be conducted. Furthermore the Committee may ask the Expert Centre to conduct further research if the Committee needs this in order to issue the recommendation. During one or more meetings the Committee consults on the reasons for and content of its recommendation. After formulation the recommendation is signed by the committee chair and the committee secretary, after which the Committee will inform both the applicant and the Cultural Heritage Agency of the issuing of the recommendation. The applicant is sent a draft of the recommendation prior to this being officially issued.

Once the recommendation has been completed the Restitutions Committee sends the recommendation to the Cultural Heritage Agency.

Decision by the State Secretary of Culture and Media (OCW)

The Cultural Heritage Agency incidentally assesses whether the Restitutions Committee has kept to the framework of the policy and submits a decision for approval to theState Secretary of Culture and Media (OCW).

The Cultural Heritage Agency will in principle inform the applicant of the State Secretary’s decision within six weeks of receipt of the recommendation. While the recommendation is generally addressed to ‘the heirs’, the decision is addressed to the applicants specified by name.

Processing of a granted request for restitution

In the event of a decision wholly or partly in favour of the applicant, the Cultural Heritage Agency will handle the factual and legal transfer of the cultural good. This includes engaging a civil-law notary to ascertain the entire group of rights holders, transportation from the storage site to a location designated by the heirs and preparation of a condition report.

Further information on the processing is available at 'Procedure after granting of a request for restitution' on this webpage.

If you still lack sufficient information as to whether you can or wish to submit a request for restitution, for instance because you do not know under what circumstances the cultural good was lost, then there is another option: together with the present possessor you can submit a request for research to be carried out by the Expert Centre for the Restitution of Cultural Goods and the Second World War. The Cultural Heritage Agency of the Netherlands may instruct the Expert Centre to carry out research. On the basis of the factual report drawn up by the Expert Centre you can decide whether or not you wish to submit a request for restitution.

You can send your initial request for information by e-mail to the Cultural Heritage Agency: restitutie@cultureelerfgoed.nl   

In which cases investigation is not possible?

This procedure is not intended for museums wishing to further investigate parts of the National Art Collection that they manage. Museums themselves can carry out research into objects they hold.

Moreover, this procedure is not intended for cultural goods on which the Restitutions Committee has already issued a recommendation.

If you first wish for research to be carried out by the Expert Centre for the Restitution of Cultural Goods and the Second World War (the Expert Centre), then together with the present possessor of the object you can submit a request by letter or e-mail to theCultural Heritage Agency of the Netherlands, 

which acts on behalf of the State Secretary of Culture and Media (OCW).

Send your request preferably by e-mail: restitutie@cultureelerfgoed.nl stating 'request for research'

Or send a letter to:

The State Secretary of Culture and Media (OCW)
Cultural Heritage Agency of the Netherlands
Postbus 1600
3800 BP Amersfoort
The Netherlands

In your letter or e-mail, provide the following information:

• particulars of the artwork (as fully as possible: type of object, title, maker/artist, current location and inventory number, and preferably also a description);
• name of the individual who was involuntarily dispossessed of the cultural good during the Nazi regime (the original owner);
• your own details and your relationship (in the context of inheritance) to the original owner. If you have appointed a representative, this authorized representative must be able to produce a written authorization that is no more than one year old, unless your authorized representative is registered as a lawyer in the Netherlands. In order to submit the request it is not necessary that you do this jointly with or on behalf of any other rights holders.

Does the cultural good fall under the restitution policy?

The Cultural Heritage Agency will verify whether the work is indeed in possession of the Dutch State and if the request for restitution falls under the restitution policy. It will also determine if the claimed involuntary dispossession took place in the period covered by the restitution policy (1933-1945).

Expert Centre instructed to carry out research

If the work is in possession of the Dutch State and the request falls under the restitution policy, the Cultural Heritage Agency instructs the Expert Centre to carry out research into the relevant historical facts.

Results of the research

The Expert Centre sends the factual report to the Cultural Heritage Agency, which forwards this report to the applicant.

Decision whether or not to submit a request for restitution

If the applicant, on the basis of the findings of the research, still wishes to pursue their claim and to convert the request into a request for restitution, the Cultural Heritage Agency will always present this request to the Restitutions Committee for it to make a recommendation.

Has the State Secretary of Culture and Media (OCW) denied your request for restitution of a work in possession of the Dutch State? You may request the State Secretary to reconsider this decision. The State Secretary will only do this if new facts have come to light since your request was dealt with. These must be new facts or circumstances that give cause to reconsider the earlier decision and that were not known when the earlier decision was issued. Only in these cases can a request for reconsideration be processed.

If you make a request for reconsideration and here state which new facts have prompted this request, the State Secretary will ask the Restitutions Committee whether these facts give cause to reconsider the previous rejection decision.

Furthermore, it is possible to submit a request for reconsideration if the previous was based fully or partly on the degree to which the applicant had made efforts to trace the object, or on the importance of the object for the applicant, possessor or the National Art Collection. It is up to the Restitutions Committee to assess these aspects. 

No further investigation possible

If a rejection decision has already been taken with respect to a cultural good, then the Restitutions Committee has already issued a recommendation as well. In this case it is no longer possible to submit a request for investigation.

You can submit your request for reconsideration by letter or e-mail to the Cultural Heritage Agency of the Netherlands, which acts on behalf of the State Secretary of Culture and Media (OCW).

Send your request preferably by e-mail: restitutie@cultureelerfgoed.nl stating 'request for reconsideratrion'

Or send a letter to:

The State Secretary of Culture and Media (OCW)
Cultural Heritage Agency of the Netherlands
Postbus 1600
3800 BP Amersfoort
The Netherlands

In your letter or e-mail, provide the following information:

• particulars of the artwork (as fully as possible: type of object, title, maker/artist, current location and inventory number, and preferably also a description);
•  name of the individual who was involuntarily dispossessed of the cultural good prior to or during the Nazi regime (the original owner);
• your own details and your relationship (in the context of inheritance) to the original owner. If you have appointed a representative, this authorized representative must be able to produce a written authorization that is no more than one year old, unless your authorized representative is registered as a lawyer in the Netherlands. In order to submit the request it is not necessary that you do this jointly with or on behalf of any other rights holders;
• date and reference of the previous recommendation and decision;
• the new facts and an accompanying explanation, including your argument as to why these facts may prompt a different decision and that they were not know when the previous decision was issued.

In the event of a decision wholly or partly in favour of the applicant, the Cultural Heritage Agency will handle the factual and legal transfer of the cultural good. This includes engaging a civil-law notary to ascertain the entire group of rights holders. This can be a lengthy process, particularly if there are many potential rights holders, if they have to be traced or they live abroad. The processing also includes transportation from the current location of the object to the Cultural Heritage Agency’s storage site, preparation of a condition report and transportation from the storage site to a location designated by the heirs. These costs are borne by the Dutch government. If necessary the object is stabilized to prepare it for transportation and otherwise returned in its current state.

Publication of the recommendation and confidentiality of dat

After the Cultural Heritage Agency has sent the decision on the request for restitution and the recommendation of the Restitutions Committee to the applicant, the recommendation is published on the website of the Restitutions Committee and in the annual report, omitting personal details. The factual report is not made public.