Restitution of works of art in federal ownership

As a result of provenance research conducted by the Federal Arts Administration, cultural objects in federal ownership which were seized as a result of National Socialist persecution will be returned to their former owners or their legal successors (restitution).

If the Federal Arts Administration determines that the property of a work of art owned by the Federal Republic of Germany was lost in the period from 1933 to 1945, the circumstances leading to this loss are evaluated in analogy to the Allied Restitution Acts, taking relevant case law into consideration. These procedural principles take into account the fact that the persons concerned generally lost all relevant evidence during their persecution.

Where loss of ownership occurred by sale, for example due to the payment of discriminating special levies, unjustified expropriation is assumed. This presumption can only be refuted by proving that the seller received an appropriate purchase price and could freely dispose of it.

For legal transactions that were concluded after the so-called "Nuremberg Race Laws" came into force on September 15, 1935, it must be proven that they would have occurred regardless of National Socialist rule, or that the acquirer protected the property interests of the entitled party in a particular way and with arguable success.

However, the voluntary commitment of the Federal Republic of Germany to find "just and fair solutions" for cultural property identified as confiscated as a result of Nazi persecution cannot, in principle, be regarded as an individual, enforceable claim for restitution as determined in the restitution and compensation laws.

Verification of applicants' legitimacy

In connection with the restitution of works of art in federal ownership that were confiscated due to Nazi persecution the Federal Arts Administration verifies the legitimacy of applicants.

If applicants already received material reparations from the Federal Republic of Germany in the past for a loss of property caused by National Socialist persecution, in particular under the Bundesrückerstattungsgesetz (BRüG) [Federal Law on Restitution], such payments will be credited. For this purpose, the Federal Art Administration will consult the relevant archive files.

The return of the works of art will be based on a restitution agreement between the parties involved.

Required Documentation

For legal reasons and for the protection of the entitled persons, the following documents are required as proof of inheritance and representation authorisation, either as an original or certified by a notary as a copy:

• One or a series of consecutive certificates of inheritance dating from later than the person from whom the work of art was originally seized due to National Socialist persecution. These must be issued by a German court and must document the entitlement of the claimants without any gaps.
• In the case of inheritance under foreign law, a foreign law certificate of inheritance must be submitted in accordance with § 2369 BGB. The application for the issuance of the foreign law certificate of inheritance, which is limited to the subject matter, must be submitted to the Amtsgericht [district court] Pankow-Weißensee, Parkstraße 71, 13086 Berlin. The court's jurisdiction is based on the seat of the Federal Arts Administration in Berlin, where the object to be restituted is located.
• Original powers of attorney of all those entitled to inherit resulting from the above-mentioned proofs of inheritance entitling the representatives of the claimants to carry out all acts and declarations required in connection with the restitution of the respective work and, if necessary, to accept the work.

Note: Documents authenticated by a foreign notary must be submitted with an apostille, unless otherwise agreed upon between states.