This is a brief excerpt from the document you requested from IFAR’s Art Law & Cultural Property Database.

Country Summary for NAMIBIA

I.  Relevant Legislation
....
II.  Regulated Cultural Property

Definitions
 
‘Archaeological’—in relation to a place or an object, means:
(a) any remains of human habitation or occupation that are 50 or more years old found on or beneath the surface on land or in the sea;
(b) rock art, being any form of painting, engraving or other representation on a fixed rock surface or loose rock or stone which is 50 or more years old.
(2022 NHA § 1)
 
‘Conservation’—includes:
(a) the retention of the heritage significance of a place or object; and
(b) the protection, maintenance, preservation, restoration, reconstruction, or sustainable use of a place or object.
(2022 NHA § 1)
 
‘Council’—the National Heritage Council. (2022 NHA § 1)

‘Historic Shipwreck’—remains of [a ship] that have been situated on the coast or in the territorial waters or the contiguous zone of Namibia for 35 years or more. (2022 NHA § 57(1))

‘Import Permit’ or ‘Export Permit’—a permit issued…[that] may prescribe the quantity or value of goods which may be imported or exported thereunder, the price at which, the period within which, the port through or from which, the country or territory from or to which and the manner in which the goods may be imported or exported, and such other conditions as the Minister [of Trade & Industry] may direct, including any condition relating to the possession, ownership or disposal of goods after the import thereof or to the use to which they may be put. (IECA § 2(3))


‘Register’—the Namibian Heritage Register. (2022 NHA § 1)

Registry

A place or object must be recorded in the Register in either of the following categories:
(a) heritage places; or
(b) heritage objects…
(2022 NHA § 25(1))
 
If the Minister [of Culture] determines that a place or part of a place or an object be declared a heritage place or heritage object, the Council…must…include the place or part of the place or the object in the Register… (2022 NHA § 36(1)(a))
 
A person who discovers any archaeological or paleontological object or meteorite must as soon as practicable report the discovery to the Council. (2022 NHA § 55(4))
 
Relevant State Agencies
 
National Art Gallery of Namibia
 
The [objectives] of the gallery are to:...
(b) acquire and maintain a permanent collection of a high standard and representative nature;
(c) establish and manage archives of visual art;
(d) preserve and protect the Namibian visual art heritage;...

(g) preserve, exhibit and make accessible Namibia’s visual art heritage;
(h) develop public interest in art;...
(k) encourage the production of works of art in Namibia;
(l) promote Namibian art and artists…
(2019 NAGNA § 3)
 
National Heritage Council
 
The functions of the council are:
(a) to advise the Minister [of Culture] on the state of Namibia’s heritage resources and on any steps necessary to protect and conserve them;
(b) to identify, conserve, protect and manage places and objects of heritage significance;...

(d) to initiate measures for or with respect to: (i) the conservation of, (ii) the provision of access to, (iii) the presentation of, and (iv) the publication of information concerning places or objects of heritage significance;

(e) to introduce measures and exercise control aimed at preventing the destruction, removal or injudicious treatment of, or deterioration or damage occurring in, places that have or may have heritage significance or special interest;

(f) to advise government ministries, office and agencies, local authorities and public authorities on matters relating to the conservation and protection of places and objects of heritage significance;...

(h) to promote public understanding of Namibia’s heritage…;

(i) to liaise with other bodies responsible for…protection, conservation, management and promotion of Namibia’s heritage;

(j) to initiate and undertake or financially assist programs of research related to the identification, conservation or interpretation of Namibia’s heritage…
(2022 NHA § 5(1))
 
For the purpose of performing its functions, the Council may:
(a) purchase or otherwise acquire or receive in trust or by donation any immovable or movable property…which is, or is proposed to be declared, a heritage place or a heritage object under this Act, and entrust any heritage object so acquired to the custody of the National Museum, the National Art Gallery, the National Archives or any other museum or institution, as the Council may determine;
(b) take such measures…for the preservation, conservation, restoration and security of any protected place or protected object…and render financial assistance…to carry out preservation and restoration work…
(2022 NHA § 5(2))
 
The Council must progressively introduce and maintain:
(a) for each protected place which is a national monument; and
(b) for any other protected place as the Council may determine,
…a site management plan in accordance with the best cultural, environmental, ecological, scientific and education principles that can reasonably be applied, taking into account the location, size and nature of the site and the extent of the resources of the Council. (2022 NHA § 58(1))
 
The Council may appoint persons to be heritage inspectors for the purposes of this Act. Each member of the Namibian Police Force and each customs and excise officer is a heritage inspector. A heritage inspector may at all reasonable times enter upon any land or premises for the purpose of inspecting any heritage resource protected in terms of this Act, or any other property in respect of which the Council may exercise its functions and powers under this Act, and may take photographs, make measurements and sketches and use any other means of recording information necessary for the purposes of this Act. (2022 NHA §§ 60(1), (3), (6))

III.  Export Restrictions
....

IV.  Ownership Rights and Restrictions
....

V.  Violations, Penalties and Sanctions
....

VI.  International Conventions and Bilateral Agreements
....
Click here to subscribe to IFAR's Art Law & Cultural Property Database to access this and other documents about U.S. and international legislation and case law concerning the acquisition, authenticity, export, ownership, and copyright of art objects.
Country Contact
for Cultural Property
Erica Ndalikokule
Director
National Heritage Council
52 Robert Mugabe Ave
Private Bag 13186
Windhoek, Namibia info@nhc-nam.org
Tel: + 264 (61) 244 375

Esther Moombolah-Gôagoses
Director
Directorate of National Heritage & Cultural Programmes
Ministry of Education, Arts & Culture
Private Bag 13186 goagoses@hotmail.com
Tel: + 264 (61) 276 800

Michelle van Wyk
Director
National Art Gallery of Namibia
P.O. Box 994
Corner of Robert Mugabe & John Meinert Aves
Windhoek, Namibia director@nagn.org.na
Tel: + 264 (61) 231 160
Fax: + 264 (61) 231 016