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Country Summary for PORTUGAL
I. Relevant Legislation
II. Regulated Cultural Property
An asset is considered to be of national interest when its protection, promotion and enhancement, in full or in part, represents a cultural value of significance for the Nation. Assets are considered to be of municipal interest when their protection, promotion and enhancement, in full or in part, represent a cultural value that is of significance predominantly for a given municipality. (Law No. 107, Art. 15)
For the purposes of the present act, cultural heritage includes all property that, by virtue of being a valuable and culturally significant artifact of civilization or culture, must receive special protection and promotion. (Law No. 107, Art. 1)
Immovable property is listed in the Heritage Register as a monument, a group of buildings or a site, in accordance with the definitions of these categories in international law, and may include rural property and urban property, buildings or other structures permanently incorporated into the ground, gardens, squares, or paths. May be of national interest, public interest, or municipal interest. (Law No. 309, Art. 2, 3)
National Monument is immovable property classified as being of national interest, whether monuments, groups of buildings, or site. (Law No. 309, Art. 3)
Administrative procedure for listing immovable property in the Heritage Register may be initiated on an informal basis or upon the filing of a petition by any interested party according to Art. 25 of Law No. 107. The form for petition is available on the Institute for Management of Architectural and Archaeological Heritage’s website and must be submitted electronically. (Law No. 309, Art. 4, 5)
Classification in the Heritage Register as being of national interest, public interest or municipal interest must be justified as a function of the cultural value of the immovable property from the standpoint of its protection and enhancement. (Law No. 309, Art. 21)
III. Export Restrictions
IV. Ownership Rights and Restrictions
V. Violations, Penalties and Sanctions
VI. International Conventions and Bilateral Agreements
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