Is it illegal to sell ordinary cultural relics abroad?

The crime of smuggling cultural relics and illegally selling precious cultural relics to foreigners requires that the smuggled or sold cultural relics are prohibited from import and export by the state. If they are general cultural relics, they will not constitute this crime.

If you buy ordinary cultural relics abroad without proper procedures, you will be suspected of smuggling ordinary items and illegal business operations.

Article 151 of the Criminal Law includes the crime of smuggling weapons and ammunition, the crime of smuggling nuclear materials, and the crime of smuggling counterfeit currency; the crime of smuggling cultural relics, the crime of smuggling precious metals, the crime of smuggling precious animals, and the crime of smuggling precious animal products. The crime of smuggling goods or items prohibited by the state from being imported or exported. Whoever smuggles weapons, ammunition, nuclear materials or counterfeit currency shall be sentenced to a fixed-term imprisonment of not less than seven years and shall also be fined or have property confiscated; if the circumstances are particularly serious, he shall be sentenced to life imprisonment and shall also be fined. Property shall be confiscated; if the circumstances are relatively minor, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.

Whoever smuggles cultural relics, gold, silver and other precious metals that are prohibited from being exported by the state, or precious animals and their products that are prohibited from being imported or exported by the state, shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined; in special circumstances If the case is serious, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and his property shall be confiscated; if the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not more than five years and shall also be fined.

Whoever smuggles rare plants and their products and other goods and items prohibited from import and export by the country shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or solely be fined; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years or more. imprisonment, and a fine.

If a unit commits a crime stipulated in this article, the unit shall be fined, and the person directly in charge and other directly responsible personnel shall be punished in accordance with the provisions of each paragraph of this article.

Article 153: The crime of smuggling general goods and articles is the crime of smuggling goods other than those specified in Articles 151, 152 and 347 of this Law. , articles shall be punished in accordance with the following provisions according to the seriousness of the case:

(1) The amount of tax payable for smuggling goods or articles is relatively large, or the person has been given two administrative penalties for smuggling within one year and then Whoever commits smuggling shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined not less than one time but not more than five times the amount of tax payable for evasion.

(2) Anyone who smuggles goods or articles to evade a huge amount of tax payable or has other serious circumstances shall be sentenced to a fixed-term imprisonment of not less than three years but not more than ten years, and shall also be sentenced to a fine of not less than one time the amount of tax payable and a fine of five years. times the fine.

(3) If the amount of tax payable for smuggling goods or articles is extremely huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be sentenced to twice the amount of tax payable for evasion. A fine of not less than five times but not more than five times or property confiscation.

If a unit commits the crime in the preceding paragraph, the unit shall be fined, and the person directly in charge and other directly responsible persons shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the circumstances are serious, the unit shall be sentenced to more than three years. The offender shall be sentenced to fixed-term imprisonment of not more than ten years; if the circumstances are particularly serious, the offender shall be sentenced to fixed-term imprisonment of not less than ten years.

If multiple smuggling cases are not dealt with, penalties will be imposed based on the accumulated evaded tax payable on smuggled goods and items.

Article 325: The crime of illegally selling or giving away precious cultural relics to foreigners. Anyone who violates cultural relics protection laws and regulations by privately selling or privately giving away precious cultural relics that are prohibited from export by the country to foreigners shall be punished with a five-year fine. Fixed-term imprisonment of not more than 10 years or criminal detention, and may also be punished with a fine.

If a unit commits the crime in the preceding paragraph, the unit shall be fined, and the person directly in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.

Article 225: Whoever commits the crime of illegal business operations in violation of state regulations and commits any of the following illegal business acts, disrupts market order, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or solely be sentenced to: A fine of not less than one time but not more than five times the illegal income shall be imposed; if the circumstances are particularly serious, the person shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined not less than one time but not more than five times the illegal income or property shall be confiscated:

(1) Without permission Licensed to operate special items, monopoly items or other items with restricted sales as stipulated in laws and administrative regulations;

(2) Buying and selling import and export licenses, import and export certificates of origin, and other operations stipulated in laws and administrative regulations License or approval document;

(3) Illegal operation of securities, futures, or insurance business without approval from the relevant national competent authorities, or illegal fund payment and settlement business;

(4) Other illegal business activities that seriously disrupt market order.