Request for restitution received

Have you as an organization (for instance as a museum, local authority, provincial authority or company) received a request for restitution of a cultural good in possession of the Dutch State? Then directly contact the Cultural Heritage Agency of the Netherlands. The Agency, acting on behalf of the Minister of Education, Culture and Science, handles all requests relating to works in possession of the Dutch State. Hence as an administrator of the object you do not yourself handle the request for restitution.

The Agency sends the request for restitution to the Advisory Committee on the Assessment of Restitution Applications for Items of Cultural Value and the Second World War (known as the Restitutions Committee) so that the Committee can make a recommendation on this issue.

If the applicant wishes, it is possible that as a first step only a factual report be prepared by the Expert Centre for the Restitution of Cultural Goods and the Second World War (the Expert Centre). If the applicant, following issue of this factual report, sustains their request for restitution then the Agency will always submit the request to the Restitutions Committee.

It is possible that during the procedure you may be asked to supply information, either in writing or orally. Following completion of the procedure you will be informed by the Agency of the Minister’s decision concerning the request for restitution. If the request for restitution is granted and the cultural good is returned to the owner or their heir, the Agency will liaise with you on the handling of this issue.

See also Restitution procedure for cultural goods in possession of the Dutch State.

Have you as an organization (for instance as a museum, local authority, provincial authority or company) or as a private party received a request for restitution of a cultural good in your own possession?

As a possessor you can, jointly with the applicant, decide to submit a request for a binding recommendation to the Restitutions Committee. This is not a mandatory step. The Restitutions Committee will accept and process a request for a binding recommendation if the applicant and possessor request this jointly. The parties (applicant and possessor) should undertake beforehand that they will accept and implement the binding recommendation

In addition, you as a possessor can decide jointly with the applicant that – prior to any request for recommendation submitted to the Restitutions Committee – you first have a factual report prepared by the Expert Centre. On the basis of this factual report you can jointly seek to reach a satisfactory solution without applying to the Restitutions Committee. If this is not possible, you can then still jointly present the request to the Restitutions Committee for a binding recommendation on restitution.

Acting jointly with the applicant, you can submit a request for a factual report to the Cultural Heritage Agency of the Netherlands.

See also Restitution procedures for cultural goods not in possession of the Dutch State.

Have you as an organization (for instance as a museum, local authority, provincial authority or company) or as a private party received a request for restitution of a cultural good that is not in your possession, but is in possession of another organization or private party, and of which you are the administrator or which you have on loan, for instance?

Then directly contact the possessor and present the request for restitution to the possessor.

The possessor can, jointly with the applicant, decide to submit a request for a binding recommendation to the Restitutions Committee. This is not a mandatory step. The Restitutions Committee will accept and process a request for a binding recommendation if the applicant and possessor request this jointly. The parties (applicant and possessor) should undertake beforehand that they will accept and implement the binding recommendation.

In addition, the possessor can decide jointly with the applicant that – prior to any request for recommendation submitted to the Restitutions Committee – they will first have a factual report prepared by the Expert Centre. On the basis of this factual report the possessor and the applicant can jointly seek to reach a satisfactory solution without applying to the Restitutions Committee. If this is not possible, they can still jointly present the request to the Restitutions Committee for a binding recommendation on restitution.

See also Restitution procedures for cultural goods not in possession of the Dutch State.