Is it illegal to sell ordinary cultural relics abroad?

The crime of smuggling cultural relics and the crime of illegally selling precious cultural relics to foreigners require smuggling and selling cultural relics whose import and export are prohibited by the state. If it is an ordinary cultural relic, it does not constitute this crime.

Buying ordinary cultural relics abroad without proper procedures is suspected of smuggling ordinary goods and illegal business operations.

Article 151 of the Criminal Law is the crime of smuggling weapons and ammunition, the crime of smuggling nuclear materials and the crime of smuggling counterfeit money. Crime of smuggling cultural relics, precious metals, precious animals and precious animal products; Crime of smuggling goods and articles whose import and export are prohibited by the state. Whoever smuggles weapons, ammunition, nuclear materials or counterfeit currency shall be sentenced to fixed-term imprisonment of not less than seven years and shall also be fined or confiscated; If the circumstances are especially serious, he shall be sentenced to life imprisonment and confiscation of property; If the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

Smuggling cultural relics, precious metals such as gold and silver, or precious animals and their products prohibited 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; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and his property shall be confiscated; If the circumstances are relatively minor, they shall be sentenced to fixed-term imprisonment of not more than five years and fined.

Whoever smuggles precious plants and their products and other goods and articles whose import and export are prohibited by the state shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also, or shall only, be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and fined.

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

Article 153 Crime of Smuggling Ordinary Goods and Articles Whoever smuggles goods and articles other than those specified in Articles 151, 152 and 347 of this Law shall be punished in accordance with the following provisions according to the seriousness of the case:

(1) Whoever smuggles goods and articles and evades a relatively large amount of tax payable, or who is given administrative punishment twice for smuggling within one year and smuggles again, 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 tax payable.

(2) Whoever smuggles goods and articles and evades the tax payable is huge or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined not less than one time but not more than five times the tax payable.

(3) Whoever smuggles goods or articles and evades the tax payable is especially huge or has other especially serious circumstances, shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than one time but not more than five times the tax payable or confiscated of property.

If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than ten years.

Those who smuggle many times without treatment shall be punished according to the accumulated tax payable on smuggled goods and articles.

Article 325 Crime of illegally selling or giving away precious cultural relics Whoever, in violation of laws and regulations on the protection of cultural relics, sells or gives away precious cultural relics whose export is prohibited by the state without permission shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and may also be fined.

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

Article 225 Whoever, in violation of State regulations, commits one of the following illegal business operations and disrupts the market order, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined not less than one time but not more than five times the illegal income; If the circumstances are especially serious, he 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 for illegal gains or confiscation of property:

(a) without permission, the franchise, monopoly of goods or other goods restricted by laws and administrative regulations;

(2) buying and selling import and export licenses, import and export certificates of origin and other business licenses or approval documents stipulated by laws and administrative regulations;

(three) without the approval of the relevant competent departments of the state, illegally engaged in securities, futures, insurance business, or illegally engaged in fund payment and settlement business;

(four) other illegal business activities that seriously disrupt the market order.