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.
