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than six months during which an export permit may not be issued in respect of
such object; or
(b) on its own behalf or on behalf of a public institution or authority in South
Africa or a person who will undertake to keep the object in the country, offer
to purchase the object either by an immediate cash payment or by payment of
compensation in such manner as the Minister in consultation with the Minister
of Finance may determine; or
(c) in any other case, issue a permit to export the object concerned.
(27) Where SAHRA establishes a delay period under subsection (26)(a) in respect of
a heritage object, it—
(a) must give written notice of the delay period to the applicant, and the Minister;
(b) must advise such institutions and public authorities in South Africa as it sees
fit of the delay period and of the object in respect of which such delay period
was established;
(c) may by public advertisement or any other means it deems appropriate make
known the delay period and the object in respect of which it was established;
and
(d) may stipulate that the heritage object concerned is deposited on temporary
loan with a specified South African museum or public authority for the
duration of the delay period.
(28) SAHRA, in consultation with the Minister, may extend a delay period
established under subsection (26)(a) for a maximum period of two years.
(29) In the event that—
(a) during a delay period established under subsection (26)(a), an offer to
purchase the heritage object concerned is made and the applicant and a public
authority or person making such offer cannot agree as to the amount of a fair
cash offer; or
(b) SAHRA and the applicant cannot agree as to the amount of a fair offer or
compensation under subsection (26)(b),
such dispute must be arbitrated by a panel appointed by the Minister, consisting of equal
representatives of dealers in heritage objects, museums and collectors of heritage
objects, which must determine the amount of a fair cash offer to purchase such heritage
object and must notify the parties concerned and SAHRA thereof.
(30) Where a delay period established under subsection (26)(a) expires without a fair
offer being made to purchase the heritage object concerned, SAHRA must forthwith on
the request of the applicant issue a permit to export such heritage object.
(31) Where a delay period established under subsection (26)(a) expires and SAHRA
is satisfied that a fair offer to purchase the heritage object concerned has been made,
SAHRA may not issue a permit to export such heritage object.
(32) A person who intends to import an object which is of a type listed in Part I of the
register of heritage objects, for temporary purposes or in circumstances in which the
person may subsequently wish to export the object, may apply to SAHRA for a
certificate of exemption authorising the export of the object concerned for the period
specified in the certificate.
Part 2: General protections
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Import of objects protected in terms of laws of foreign states
33. (1) No person may import into South Africa any foreign cultural property other
than through a customs port of entry, and the export permit or other permission issued
in the country of origin of such object must be produced to a customs officer before
import to South Africa is effected or allowed.
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(2) After a cultural property agreement between South Africa and a reciprocating state
comes into force, no person may import into South Africa any foreign cultural property
that has been illegally exported from a reciprocating state.
(3) A customs officer who has reason to believe that a person is attempting to import
an object in contravention of subsection (1) or (2), may withhold the object concerned 55
and such object must be kept in the custody of SAHRA until such time, not exceeding
six months, as an investigation into the provenance of such object is completed.