Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property 4

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Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership 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 administrative 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.

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

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