Illegal fossils - the big business away from fossil law
The following statements reflect the viewpoint of a non-lawyer, are for guidance only, do not claim to be exhaustive and are no substitute for legal advice if required.
40
Years of market knowledge
Proven for many years
Integrity
At no time did Fossiland give cause for any kind of legal violations to be punished.
Protection of national interests
I offer scientific institutions in Germany a voluntary right of first refusal for fossils of possible scientific interest (example: rare fish remains acquired by the NHM Mainz).
Proof of provenance
The legal origin of all the fossils I offer is documented.
Fossil law: Which countries prohibit the export?
The number of countries that categorically criminalize the export of fossils is long. Germany is not one of them.
Often it is not a complete fake, but individual restorations. Often the missing tail, the missing snout, the missing part is added. Restorations on the fossil to an extent of >5% are problematic if they are not identified as such. This does not include the clean bonding of fractures.
China
Vertebrate fossils from China fall under the Law of the People’s Republic of China on the Protection of Cultural Relics of 19.11.1982. Order No. 11, Article 2: “…Fossils of paleovertebrates and paleoanthropoids of scientific value shall be protected by the state in the same way as cultural relics.” – and are punished.
Mongolia
Like many other countries – with the exception of Germany – Mongolia acceded to the UNESCO Convention of 1970, ratified on March 10, 1991 – exports have been punished since then.
Madagascar
Law #82-029 of 1982 prohibits any export of vertebrate fossils from Madagascar, including e.g. Claudiosaurus from the Permian and Aepyornis eggs. Ammonites are not explicitly affected by this – but are punished.
Morocco
Although found in large quantities, vertebrate fossils from Morocco are also protected – and are subject to prosecution. Articles 26 and 42 of Law No. 22-80 list the objects that are subject to cultural property protection and Article 43 stipulates that they are inalienable and the corresponding claims for recovery are not subject to a statute of limitations.
The sale of export-restricted fossils is monitored and prevented by the authorities in many western countries, for example at fossil fairs in the USA (e.g. Tucson Show), more recently in France (Saint-Marie Show) and hesitantly in Germany (Munich Show).
Where are illegal fossils traded?
Europe continues to be an Eldorado for the trade in illegally exported fossils from all over the world.
Catawiki
The online platform Catawiki B.V., based in the Netherlands, has established itself in recent years as the world’s leading sales platform for illegal fossils, particularly vertebrates from China.
Catawiki justifies these transactions by referring to the headquarters of its cooperation partners in Taiwan and Hong Kong. However, this does not change the violation of the UNESCO Convention of 14.11.1970, ratified by the Netherlands on 17.10.2009.
The “Declaration of legal origin” attached to each object regularly contains – in Catawiki’s knowledge – deliberate misrepresentations. All finds are dated before 1982, although the preparation methods and the adhesives used are much more recent. The seller’s real name is regularly concealed.
Through the illegal sale of vertebrate fossils from China, Catawiki has now made considerable profits from commissions. Catawiki is attempting to evade its responsibility by agreeing disclaimers in individual cases – so far with success.
4 top sites and fossil law
In many regions, digging for fossils without official permission is prohibited:
In Germany, depending on the depending on the federal state. In North Rhine-Westphalia or Baden-Württemberg, significant finds can be classified as “ground monuments” and are subject to mandatory reporting. If such items are secretly removed or sold, they are illegal.
In Germany, the Cultural Property Protection Act regulates which objects may be traded.
- Import: Since the amendment of the KGSG, cultural property may only be imported into Germany if a valid export license has been issued by the country of origin.
- Nationally valuable cultural property: Particularly rare or scientifically valuable fossils can be registered as national cultural property and may then no longer be exported from Germany without authorization.
Holzmaden - Fossil law
Further information on the Holzmaden excavation reserve can be found on my information page on Holzmaden fossils.
- Scientific significance: Finds in whose preservation there is a public interest can be classified as ground monuments.
- Treasure register: Baden-Württemberg has a limited treasure register. This means that scientifically valuable finds that are discovered during state investigations or in excavation protection areas can legally belong to the state.
- Excavation conservation area: The fossil-bearing districts around Holzmaden and Ohmden have been declared an excavation conservation area since 1979. Private excavations without the permission of the State Office for the Preservation of Monuments are illegal here.
- Old collections: Fossils from historic quarries or old private collections are legal private property, provided they were recovered before the protection regulations came into force or in compliance with the reporting obligations at the time.
- Visitor quarries: Finds that have been legally collected in approved areas may be legally kept.
- Trade: The sale is permitted as long as a legal origin (provenance) can be proven and the piece does not fall under the KGSG as a nationally valuable cultural asset.
Bundenbach - Fossil law
- Obligation to report: Finds of particular scientific value must be reported to the General Directorate for Cultural Heritage (GDKE).
- Treasure register: The state claims ownership of significant movable ground monuments discovered during state excavations or in excavation protection areas.
- Excavation protection area: Large parts of the fossil-bearing layers around Bundenbach have been designated as an excavation protection area. Here, any unauthorized search or excavation is strictly prohibited and requires an explicit research permit (§ 21 DSchG RLP).
- Old collections: Fossils that can be proven to date from before stricter regulations came into force or from regular, historical slate mining are considered legal private property. Proper documentation (provenance) is relevant for legal trade and ownership.
- Trade: The sale of Bundenbach fossils is permitted as long as the pieces do not fall under the Cultural Property Protection Act (KGSG) as “nationally valuable cultural property” or were taken illegally from protected areas.
Solnhofen - Fossil law
- Treasure register: A comprehensive treasure register has been in force in Bavaria since 2023. This means that finds of state importance (especially vertebrates or unique scientific specimens) automatically become the property of the Free State of Bavaria upon discovery.
- Excavation protection areas: Certain areas, such as parts of the Blumenberg near Eichstätt or areas around Solnhofen, are subject to strict regulations. Unauthorized research without an excavation permit is prohibited there.
- Obligation to report: Every find of scientific importance must be reported immediately to the Bavarian State Office for the Preservation of Monuments.
- Old collections: Pieces that can be proven to have originated before the tightening of the Treasure Regime or from legitimate private excavations remain legal private property. Documentation is essential for the preservation of value.
- Visitor quarries: Fossils found in designated visitor quarries (e.g. in Eichstätt or Solnhofen) may generally be kept – with the exception of high-caliber scientific finds, for which special regulations apply.
- Trade: Commercial trade is legal as long as the items come from legal sources and do not violate the Cultural Property Protection Act (KGSG).
Messel - Fossil law
- UNESCO World Heritage Site: As a World Heritage Site, the Messel Pit enjoys the highest level of international protection. Private excavations are absolutely prohibited throughout the site.
- Treasure register: The treasure register applies in Hesse. This means that all finds discovered during state excavations (e.g. by the Senckenberg Gesellschaft für Naturforschung) are automatically the property of the state of Hesse.
- Excavation monopoly: Only authorized institutions may carry out scientific excavations. Private individuals are prohibited from accessing the fossil-bearing layers for the purpose of searching.
- Legacy collections: Pieces from before the mine was placed under protection or from the time of commercial oil shale mining (before 1971) may be legal private property. In this case, complete proof of origin (provenance) is mandatory.
- Cultural property protection: Due to their rarity, many Messel fossils fall under the Cultural Property Protection Act (KGSG) and may not be taken abroad without permission.
- Trade: Trade in Messel fossils on the open market is extremely rare and should only take place with expert certificates in order to rule out fencing.
Further information on fossil law
Please feel free to contact me if you have any questions on the subject of illegal fossils and the legal situation.