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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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