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Convention
on the Means of Prohibiting and Preventing the Illicit Import, Export
and Transfer of Ownership of Cultural Property - 17 Nov 70
Entry in force: 24
April 1972.
States
Parties to the Convention
The General Conference
of the United Nations Educational, Scientific and Cultural
Organization, meeting in Paris from 12 October to 14 November 1970, at
its sixteenth session,
Recalling the importance of the provisions contained in the
Declaration of the Principles of International Cultural Co-operation,
adopted by the General Conference at its fourteenth session,
Considering that the interchange of cultural property among
nations for scientific, cultural and educational purposes increases
the knowledge of the civilization of Man, enriches the cultural life
of all peoples and inspires mutual respect and appreciation among
nations,
Considering that cultural property constitutes one of the basic
elements of civilization and national culture, and that its true value
can be appreciated only in relation to the fullest possible
information regarding is origin, history and traditional setting,
Considering that it is incumbent upon every State to protect
the cultural property existing within its territory against the
dangers of theft, clandestine excavation, and illicit export,
Considering that, to avert these dangers, it is essential for
every State to become increasingly alive to the moral obligations to
respect its own cultural heritage and that of all nations,
Considering that, as cultural institutions, museums, libraries
and archives should ensure that their collections are built up in
accordance with universally recognized moral principles,
Considering that the illicit import, export and transfer of
ownership of cultural property is an obstacle to that understanding
between nations which it is part of UNESCO’s mission to promote by
recommending to interested States, international conventions to this
end,
Considering that the protection of cultural heritage can be
effective only if organized both nationally and internationally among
States working in close co-operation,
Considering that the UNESCO General Conference adopted a
Recommendation to this effect in 1964,
Having before It further proposals on the means of prohibiting
and preventing the illicit import, export and transfer of ownership of
cultural property, a question which is on the agenda for the session
as item 19,
Having decided, at its fifteenth session, that this question
should be made the subject of an international convention,
Adopts this Convention on the fourteenth day of November 1970.
Article 1
For the purposes of this Convention, the term `cultural property'
means property which, on religious or secular grounds, is specifically
designated by each State as being of importance for archaeology,
prehistory, history, literature, art or science and which belongs to
the following categories:
(a) Rare collections and specimens of fauna, flora, minerals and
anatomy, and objects of palaeontological interest;
(b) property relating to history, including the history of science and
technology and military and social history, to the life of national
leaders, thinkers, scientists and artist and to events of national
importance;
(c) products of archaeological excavations (including regular and
clandestine)
or of archaeological discoveries ;
(d) elements of artistic or historical monuments or archaeological
sites which have been dismembered;
(e) antiquities more than one hundred years old, such as inscriptions,
coins and engraved seals;
(f) objects of ethnological interest;
(g) property of artistic interest, such as:
(i) pictures, paintings and drawings produced entirely by hand on any
support and in any material (excluding industrial designs and
manu-factured articles decorated by hand);
(ii) original works of statuary art and sculpture in any material;
(iii) original engravings, prints and lithographs ;
(iv) original artistic assemblages and montages in any material;
(h) rare manuscripts and incunabula, old books, documents and
publications of special interest (historical, artistic, scientific,
literary, etc.) singly or in collections ;
(i) postage, revenue and similar stamps, singly or in collections;
(j) archives, including sound, photographic and cinematographic
archives;
(k) articles of furniture more than one hundred years old and old
musical instruments.
Article 2
1. The States Parties to this Convention recognize that the illicit
import, export and transfer of ownership of cultural property is one
of the main causes of the impoverishment of the cultural heritage of
the countries of origin of such property and that international
co-operation constitutes one of the most efficient means of protecting
each country's cultural property against all the dangers resulting
there from.
2. To this end, the States Parties undertake to oppose such practices
with the means at their disposal, and particularly by removing their
causes, putting a stop to current practices, and by helping to make
the necessary reparations.
Article 3
The import, export or transfer of ownership of cultural property
effected contrary to the provisions adopted under this Convention by
the States Parties thereto, shall be illicit.
Article 4
The States Parties to this Convention recognize that for the purpose
of the Convention property which belongs to the following categories
forms part of the cultural heritage of each State:
(a) Cultural property created by the individual or collective genius
of nationals of the State concerned, and cultural property of
importance to the State concerned created within the territory of that
State by foreign nationals or stateless persons resident within such
territory;
(b) cultural property found within the national territory;
(c) cultural property acquired by archaeological, ethnological or
natural science missions, with the consent of the competent
authorities of the country of origin of such property;
(d) cultural property which has been the subject of a freely agreed
exchange;
(e) cultural property received as a gift or purchased legally with the
consent of the competent authorities of the country of origin of such
property.
Article 5
To ensure the protection of their cultural property against illicit
import; export and transfer of ownership, the States Parties to this
Convention undertake, as appropriate for each country, to set up
within their territories one or more national services, where such
services do not already exist, for the protection of the cultural
heritage, with a qualified staff sufficient in number for the
effective carrying out of the following functions:
(a) contributing to the formation of draft laws and regulations
designed to secure the protection of the cultural heritage and
particularly prevention of the illicit import, export and transfer of
ownership of important cultural property;
(b) establishing and keeping up to date, on the basis of a national
inventory of protected'property, a list of important public and
private cultural property whose export would constitute an appreciable
impoverishment of the national cultural heritage;
(c) promoting the development or the establishment of scientific and
technical institutions (museums, libraries, archives, laboratories,
workshops . . . ) required to ensure the preservation and presentation
of cultural property;
(d) organizing the supervision of archaeological excavations, ensuring
the preservation `in situation' of certain cultural property, and
protecting certain areas reserved for future archaeological research;
(e) establishing, for the benefit of those concerned (curators,
collectors, antique dealers, etc.) rules in conformity with the
ethical principles set forth in this Convention; and taking steps to
ensure the observance of those rules;
(f) taking educational measures to stimulate and develop respect for
the cultural heritage of all States, and spreading knowledge of the
provisions of this Convention;
(g) seeing that appropriate publicity is given to the disappearance of
any items of cultural property.
Article 6
The States Parties to this Convention undertake:
(a) To introduce an appropriate certificate in which the exporting
State would specify that the export of the cultural property in
question is authorized. The certificate should accompany all items of
cultural property exported in accordance with the regulations ;
(b) to prohibit the exportation of cultural property from their
territory unless accompanied by the above-mentioned export certificate;
(c) to publicize this prohibition by appropriate means, particularly
among persons likely to export or import cultural property.
Article 7
The States Parties to this Convention undertake:
(a) To take the necessary measures, consistent with national
legislation, to prevent museums and similar institutions within their
territories from acquiring cultural property originating in another
State Party which has been illegally exported after entry into force
of this Convention, in the States concerned. Whenever possible, to
inform a State of origin Party to this Convention of an offer of such
cultural property illegally removed from that State after the entry
into force of this Convention in both States;
(b) (i) to prohibit the import of cultural property stolen from a
museum or a religious or secular public monument or similar
institution in another State Party to this Convention after the entry
into force of this Convention for the States concerned, provided that
such property is documented as appertaining to the inventory of that
institution;
(ii) at the request of the State Party of origin, to take appropriate
steps to recover and return any such cultural property imported after
the entry into force of this Convention in both States concerned,
provided, however, that the requesting State shall pay just
compensation to an innocent purchaser or to a person who has valid
title to that property. Requests for recovery and return shall be made
through diplomatic offices. The requesting Party shall furnish, at its
expense, the documentation and other evidence necessary to establish
its claim for recovery and return. The Parties shall impose no customs
duties or other charges upon cultural property returned pursuant to
this Article. All expenses incident to the return and delivery of the
cultural property shall be borne by the requesting Party.
Article 8
The States Parties to this Convention undertake to impose penalties or
admin-istrative sanctions on any person responsible for infringing the
prohibitions referred to under Articles 6(b) and 7(b) above.
Article 9
Any State Party to this Convention whose cultural patrimony is in
jeopardy from pillage of archaeological or ethnological materials may
call upon other States Parties who are affected. The States Parties to
this Convention undertake, in these circumstances, to participate in a
concerted international effort to determine and to carry out the
necessary concrete measures, including the control of exports and
imports and international commerce in the specific materials
concerned. Pending agreement each State concerned shall take
provisional measures to the extent feasible to prevent irremediable
injury to the cultural heritage of the requesting State.
Article 10
The States Parties to this Convention undertake:
(a) To restrict by education, information and vigilance, movement of
cultural property illegally removed from any State Party to this
Convention and, as appropriate for each country, oblige antique
dealers, subject to penal or administrative sanctions, to maintain a
register recording the origin of each item of cultural property, names
and addresses of the supplier, description and price of each item sold
and to inform the purchaser of the cultural property of the export
prohibition to which such property may be subject;
(b) to endeavour by educational means to create and develop in the
public mind a realization of the value of cultural property and the
threat to the cultural heritage created by theft, clandestine
excavations and illicit exports.
Article 11
The export and transfer of ownership of cultural property under
compulsion arising directly or indirectly from the occupation of a
country by a foreign power shall be regarded as illicit.
Article 12
The States Parties to this Convention shall respect the cultural
heritage within the territories for the international relations of
which they are responsible, and shall take all appropriate measures to
prohibit and prevent the illicit import, export and transfer of
ownership of cultural property in such territories.
Article 13
The States Parties to this Convention also undertake, consistent with
the laws of each State:
(a) To prevent by all appropriate means transfers of ownership of
cultural property likely to promote the illicit import or export of
such property;
(b) to ensure that their competent services co-operate in facilitating
the earliest possible restitution of illicitly exported cultural
property to its rightful owner;
(c) to admit actions for recovery of lost or stolen items of cultural
property brought by or on behalf of the rightful owners ;
(d) to recognize the indefeasible right of each State Party to this
Convention to classify and declare certain cultural property as
inalienable which should therefore ipso facto not be exported, and to
facilitate recovery of such property by the State concerned in cases
where it has been exported.
Article 14
In order to prevent illicit export and to meet the obligations arising
from the implementation of this Convention, each State Party to the
Convention should, as far as it is able, provide the national services
responsible for the protection of its cultural heritage with an
adequate budget and, if necessary, should set up a fund for this
purpose.
Article 15
Nothing in this Convention shall prevent States Parties thereto from
concluding special agreements among themselves or from continuing to
implement agreements already concluded regarding the restitution of
cultural property removed, whatever the reason, from its territory of
origin, before the entry into force of this Convention for the States
concerned.
Article 16
The States Parties to this Convention shall in their periodic reports
submitted to the General Conference of the United Nations Educational,
Scientific and Cultural Organization on dates and in a manner to be
determined by it, give information on the legislative and
administrative provisions which they have adopted and other action
which they have taken for the application of this Convention, together
with details of the experience acquired in this field.
Article 17
1. The States Parties to this Convention may call on the technical
assistance of the United Nations Educational, Scientific and Cultural
Organization, particularly as regards:
(a) Information and education;
(b) consultation and expert advice;
(c) co-ordination and good offices.
2. The United Nations Educational, Scientific and Cultural
Organization may, on its own initiative conduct research and publish
studies on matters relevant to the illicit movement of cultural
property.
3. To this end, the United Nations Educational, Scientific and
Cultural Orga-nization may also call on the co-operation of any
competent non-governmental organization.
4. The United Nations Educational, Scientific and Cultural
Organization may, on its own initiative, make proposals to States
Parties to this Convention for its implementation.
5. At the request of at least two States Parties to this Convention
which are engaged in a dispute over its implementation, UNESCO may
extend its good offices to reach a settlement between them.
Article 18
This Convention is drawn up in English, French, Russian and Spanish,
the four texts being equally authoritative.
Article 19
1. This Convention shall be subject to ratification or acceptance by
States members of the United Nations Educational, Scientific and
Cultural Organization in accordance with their respective
constitutional procedures.
2. The instruments of ratification or acceptance shall be deposited
with the Director-General of the United Nations Educational,
Scientific and Cultural Organization.
Article 20
1. This Convention shall be open to accession by all States not
members of the United Nations Educational, Scientific and Cultural
Organization which are invited to accede to it by the Executive Board
of the Organization.
2. Accession shall be effected by the deposit of an instrument of
accession with the Director-General of the United Nations Educational,
Scientific and Cultural Organization.
Article 21
This Convention shall enter into force three months after the date of
the deposit of the third instrument of ratification, acceptance or
accession, but only with respect to those States which have deposited
their respective instruments on or before that date. It shall enter
into force with respect to any other State three months after the
deposit of its instrument of ratification, acceptance or accession.
Article 22
The States Parties to this Convention recognize that the Convention is
appli-cable not only to their metropolitan territories but also to all
territories for the international relations of which they are
responsible; they undertake to consult, if necessary, the governments
or other competent authorities of these territories on or before
ratification, acceptance or accession with a view to securing the
application of the Convention to those territories, and to notify the
Director-General of the United Nations Educational, Scientific and
cultural Organization of the territories to which it is applied, the
notification to take effect three months after the date of its receipt.
Article 23
1. Each State Party to this Convention may denounce the Convention on
its own behalf or on behalf of any territory for whose international
relations it is responsible.
2. The denunciation shall be notified by an instrument in writing,
deposited with the Director-General of the United Nations Educational,
Scientific and Cultural Organization.
3. The denunciation shall take effect twelve months after the receipt
of the instrument of denunciation.
Article 24
The Director-General of the United Nations Educational, Scientific and
Cultural Organization shall inform the States members of the
Organization, the States not members of the Organization which are
referred to in Article 20, as well as the United Nations, of the
deposit of all the instruments of ratification, acceptance and
accession provided for in Articles 19 and 20, and of the notifications
and denunciations provided for in Articles 22 and 23 respectively.
Article 25
1. This Convention may be revised by the General Conference of the
United Nations Educational, Scientific and Cultural Organization. Any
such revision shall, however, bind only the States which shall become
Parties to the revising convention.
2. If the General Conference should adopt a new convention revising
this Convention in whole or in part, then, unless the new convention
otherwise provides, this Convention shall cease to be open to
ratification, acceptance or accession, as from the date on which the
new revising convention enters into force.
Article 26
In conformity with Article 102 of the Charter of the United Nations,
this 'Convention shall be registered with the Secretariat of the
United Nations at the request of the Director-General of the United
Nations Educational, Scientific and Cultural Organization.
Done in Paris this seventeenth day of November 1970, in two authentic
copies bearing the signature of the President of the sixteenth session
of the General Conference and of the Director-General of the United
Nations Educational, Scientific and Cultural Organization, which shall
be deposited in the archives of the United Nations Educational,
Scientific and Cultural Organization, and certified true copies of
which shall be delivered to all the States referred to in Articles 19
and 20 as well as to the United Nations.
The foregoing is the
authentic text of the Convention duly adopted by the General
Conference of the United Nations Educational, Scientific and Cultural
Organization during its sixteenth session, which was held in Paris and
declared closed the fourteenth day of November 1970.
IN FAITH WHEREOF we have
appended our signatures this seventeenth day of November 1970.
The President of the
General Conference
The Director-General
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