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… reference to annex in reg 2(3) Omit the schedule that implemented the Annex Waverley criteria L112-11 in another MS from France Reference to L111-1 new definition of national treasure and L112-12 abrogated Due diligence Article 10 L112-8 L112-8: buyer Reg 7(2) the court ‘is satisfied that the possessor exercised due care and attention in acquiring the object.’ Reg 7(2): ‘the possessor demonstrates that’ and new Reg 7(2A): implements art. 10 Difficulties France: a new definition of national … – Experience of the purchaser, haste of the purchase, suspicion, price paid, value of the object • Burden of proof § The defendant must prove his good faith: a difficult task § Nicole de Préval v Adrian Alan Ltd (24 January 1997) (Arden J) • Expert buyer: higher standard of honesty § Kurtha v Marks [2008] EWCH 336 • para. 140: ‘A dealer in valuable works of art who pays in large amounts of cash, keeps no records, and asks no questions as to provenance of his supplier, exposes himself, and those who buy from him, to other very serious risks.’ • SI 2015/1926; reg 7(2)(A): due diligence A step towards due diligence? After Brexit Export licences in practice: 2015/16 CATEGORY NUMBER VALUE in £ (≈) applications (one application may cover several items) …