On the ratification of the Agreement on Cooperation of the Member States of the Commonwealth of Independent States in Combating Theft of Cultural Property and Ensuring their Return

Home / RLA / On the ratification of the Agreement on Cooperation of the Member States of the Commonwealth of Independent States in Combating Theft of Cultural Property and Ensuring their Return

The Law of the Republic of Kazakhstan dated April 3, 2009 No. 147-IV

To ratify the Agreement on Cooperation of the member States of the Commonwealth of Independent States in Combating Theft of Cultural Property and Ensuring their Return, signed in Dushanbe on October 5, 2007.

President of the Republic of Kazakhstan N. Nazarbayev

AGREEMENT on Cooperation between the Member States of the Commonwealth Independent States in the fight against theft of cultural property and ensuring their return

Officially certified text

Member States of the Commonwealth of Independent States - The Parties to this Agreement, hereinafter referred to as the Parties, noting that the theft of cultural property, regardless of the form of ownership, causes significant damage to the preservation of the cultural heritage of the Parties, expressing concern that the theft of cultural property has acquired a transnational character, recognizing that effective combating the theft of cultural property is possible only through the interaction of all interested Parties, Realizing the need to implement coordinated measures to prevent theft of cultural property and ensure their return, guided by international treaties in this area to which the Parties are parties, as well as national legislation, agreed as follows:

Article 1

For the purposes of this Agreement, the following terms are used: cultural property - objects and/or collections of a religious or secular nature, as well as their components or fragments, regardless of the time of their creation, considered by each of the Parties as being of importance for culture, archeology, history, literature, art or science; theft of cultural property - any an illegal act aimed at seizing cultural property, which entails liability in accordance with the legislation of the Parties.; stolen cultural property - cultural property in respect of which there is reason to believe that they are objects of theft; central competent authority - the state body of the Party authorized to coordinate the activities of the competent authorities of the Party within the framework of this Agreement; competent authority - the state body of the Party authorized, in accordance with its legislation, to carry out and/or organize operational search activities to identify, prevent, suppress and solve crimes related to cultural property, and/or to search for stolen cultural property, and/or to assist the owners of cultural property in restoring their rights to these values in case of illegal export, import and transfer of ownership rights to them, and/or facilitate the return of cultural property in case of illegal export, and/or register detainees, seized, confiscated or seized cultural property, register the facts of loss, loss, theft of cultural property, and/or send requests for the return of stolen cultural property in accordance with this Agreement, and /or make decisions on their return; preservation of cultural property - preservation of cultural property in compliance with the necessary requirements for their storage until the execution of the decision the competent authority of the requested Party on the return or before resolving the issue of unclaimed cultural property; The owner of cultural property is a legal entity or an individual who has the rights to own, use and dispose of these cultural property; the return of stolen cultural property is the transfer, by decision of the competent authority of the requested Party, of cultural property to the competent authority of the requesting Party.

Article 2

1. In accordance with this Agreement, the Parties shall cooperate through their competent authorities in the prevention, suppression, detection, disclosure of offenses related to the theft of cultural property, their search and return. 2. The list of competent authorities, indicating the central competent authority, shall be determined by each Party and transmitted to the depositary upon delivery of a notification on the completion of internal procedures necessary for the entry into force of this Agreement. Each of the Parties shall notify the depositary in writing about changes in the list of competent authorities within one month.

Article 3

The Parties shall cooperate in the following main areas: a) improving the regulatory framework for cooperation between the Parties in combating theft of cultural property and ensuring their return, harmonizing the legislation of the Parties in this area; b) implementing coordinated measures to implement the provisions of universal and regional international treaties aimed at combating theft of cultural property, to which the Parties are parties.; (c) Analysis of the state and dynamics of crime related to theft of cultural property and the results of combating it; (d) improvement of mechanisms for interaction between law enforcement and other authorities to take coordinated measures to counter theft of cultural property and ensure their search and return; (e) carrying out appropriate measures against legal entities and individuals, if there are grounds to believe about their possible involvement in the theft of cultural property.

Article 4

1. The Parties shall cooperate in the following main forms: a) exchange of operational, forensic, statistical and other information, including information on upcoming and committed offenses and legal entities and individuals involved in them; b) execution of requests for operational investigative measures; c) planning and implementation of coordinated preventive and operational measures.- search activities; d) exchange of regulatory legal acts, publications and scientific and methodological materials; e) exchange of work experience, holding working meetings, consultations, meetings, practical conferences and seminars, as well as joint scientific research; f) development and implementation of coordinated measures to prevent and suppress the use of open telecommunication networks for the sale of stolen cultural property; g) assistance in training and professional development of specialists; h) development and implementation of new methods of labeling cultural property. 2. This Agreement does not affect the provision of legal assistance in criminal matters and extradition.

Article 5

Each of the Parties: 1. Shall take all necessary measures to: a) establish and ensure the procedure for the import and export of cultural property, as well as carry out any operations on its territory in respect of such cultural property; b) prevent, suppress and disclose offenses related to theft, acquisition, sale, illegal import and the removal of cultural property, illegal excavations and other illegal operations related to cultural property; (c) Ensuring that the buyer who knew that the cultural property he was acquiring was stolen or illegally imported is recognized as unscrupulous; (d) photographing and covertly labeling cultural property owned by the state. 2. Establishes and applies sanctions against legal entities and individuals who have committed or are involved in offenses related to the theft, acquisition, sale, illegal import and export of cultural property, illegal excavations and other illegal operations related to cultural property. 3. Uses all available means to raise public awareness in order to counter the illegal import and export of cultural property, their theft, illegal excavations and other illegal operations related to cultural property.

Article 6

Each of the Parties provides: 1. Maintaining information databases by the relevant competent authorities, which should include information on: a) missing, lost, stolen and wanted cultural property; b) detained, seized, arrested or confiscated cultural property. 2. Prompt provision of information contained in the above-mentioned information databases at the request of the competent authorities of other Parties.

Article 7

1. In case of theft of cultural property on the territory of one of the Parties, its competent authority sends notifications about this to the central competent authorities of the Parties. 2. The notification sent in accordance with paragraph 1 of this article, if possible, should contain the following information: a) category of cultural property; b) author/school; c) name/designation; d) date/period of manufacture; e) material and manufacturing technique; f) size/weight; g) information about individual distinguishing features (inscriptions, signatures, markings, damages, traces of restoration, etc.); h) information about a special storage method; and) other information. 3. The notification shall be accompanied by a color image of the stolen cultural property, as well as information about the competent authority in charge of the search for this cultural property. In the presence of a black-and-white image, the basic color scheme of the stolen cultural property is additionally reported, and in the absence of an image, a detailed description of the stolen cultural property is provided.

Article 8

1. In the event of the discovery, detention, seizure, seizure or confiscation in the territory of one of the Parties of cultural property in respect of which there is reason to believe that they were stolen in the territory of the other Party, the competent authority of the Party that has identified these circumstances shall notify the central competent authority of the Party concerned within 30 days. The central competent authority of the Party that has received the notification shall inform the competent authority that is investigating the case of the search for this cultural property. 2. The notification sent in accordance with paragraph 1 of this Article, in addition to describing the cultural property in accordance with the requirements of paragraphs 2 and 3 of Article 7 of this Agreement, must contain the following information: a) information on the location of the cultural property and its condition; b) the name of the competent authority that discovered, detained, seized, arrested cultural property or who initiated their confiscation and/or ensured their safety, as well as contact details where you can contact for additional information. 3. If necessary, in order to clarify the information specified in paragraph 2 of this Article, the competent authority of the notifying Party may appoint an expert examination of cultural property. In this case, the notification period may be extended for the period of the examination. 4. In the event that there is reason to believe that the theft of cultural property has occurred, but the Party in whose territory it was committed has not been identified, or the initial assumption about the place of theft specified in paragraph 1 of this Article has not been confirmed, the notification is sent to the central competent authorities of all Parties.

Article 9

1. The competent authority of a Party that has received a notification in accordance with paragraph 1 of Article 8 of this Agreement shall, within 90 days from the date of its receipt, notify the competent authority of the requesting Party of the measures being taken with respect to these cultural property, or send a reasoned request for the return of stolen cultural property to the competent authority of the requesting Party. 2. In the event of the discovery of stolen cultural property on the territory of one of the Parties, the competent authority of the Party that discovered these values shall send a reasoned request for their return to the central competent authority of the Party where the cultural property is located. 3. A request for the return of cultural property shall be sent in writing on the official letterhead of the competent authority of the requesting Party, signed by the head or his deputy and certified by the stamp of that authority. 4. Copies of documents confirming ownership of the stolen cultural property, certified in accordance with the legislation of the requesting Party, may be attached to the request, indicating the data of the owner of the cultural property.

Article 10

The notifications referred to in Articles 7, 8 and 9 of this Agreement shall be sent in writing on the official letterhead of the competent authority and signed by an authorized official of that competent authority.

Article 11

1. The central competent authority of the requested Party shall, within 30 days, determine the competent authority authorized to consider the return of stolen cultural property and send it the documents received from the requesting Party. 2. The competent authority of the requested Party shall consider a request for the return of stolen cultural property within 60 days of receipt of the request and inform the competent authority of the requesting Party of the result of the consideration. 3. The competent authority of the requested Party may request additional information, setting a certain time limit for its provision, but not more than 30 days from the date of receipt of the request. 4. The competent authority of the requested Party, having decided on the return, shall notify the competent authority of the requesting Party within 30 days. 5. In the event of a dispute over the ownership of cultural property that is listed among the stolen, the issue of their owners is resolved by the judicial authorities in accordance with the legislation of the Party in whose territory they are found.

Article 12

1. The returned cultural property is given to a representative of the competent authority of the requesting Party upon presentation of a document confirming his authority to receive these values, issued by the competent authority of the requesting Party. 2. The issue of unclaimed cultural property is resolved in accordance with the legislation of the Party in whose territory they are located.

Article 13

1. Each Party ensures the confidentiality of the information received if the requesting Party considers it undesirable to disclose its contents. The degree of confidentiality is determined by the requesting Party. 2. If it is necessary to transfer confidential information obtained under this Agreement to a third party, the written consent of the Party that provided this information is required.

Article 14

1. The execution of a request for the return of stolen cultural property may be refused on the grounds provided for by the legislation of the requested Party. 2. The central competent authority of the requesting Party shall be notified in writing of the refusal to execute the request, indicating the reasons for the refusal.

Article 15

1. The execution of a request for the return of stolen cultural property may be delayed if: a) an administrative offense case or a criminal case has been initiated upon the theft of the requested cultural property until the completion of the administrative offense proceedings or the issuance of an appropriate decision on the criminal case, or the issuance of an appropriate decision on these cultural property; b) the issue of ownership, detention, seizure, seizure or confiscation of stolen cultural property, in respect of which a request for return has been received, is the subject of a lawsuit filed with the requested Party, pending the entry into force of a court decision in this case. 2. The central competent authority of the requested Party shall inform the central competent authority of the requesting Party of the postponement of the decision on the return of stolen cultural property on the basis of paragraph 1 of this Article.

Article 16

1. When stolen cultural property returned in accordance with this Agreement is moved across the customs borders of the Parties, customs and other payments related to such movement are not charged, and customs clearance is carried out in accordance with the procedure established by the legislation of the Party in whose territory it is carried out. 2. The costs associated with the detention of stolen cultural property and its storage until it is transferred to a representative of the competent authority of the requesting Party shall be borne by the requested Party. 3. The costs of returning stolen cultural property to the territory of the requesting Party shall be borne by the competent authority of the requesting Party. 4. Expenses incurred in connection with the return of stolen cultural property shall be reimbursed in accordance with the legislation of the Parties.

Article 17

1. The Parties shall terminate the search for stolen cultural property upon receipt of a notice of termination of the search from the competent authority of the Party initiating the search. 2. Notification of the termination of the search for stolen cultural property is sent to the central competent authorities of the Parties in writing on the official letterhead of the competent authority.

Article 18

The competent authorities of the Parties shall independently bear the costs incurred during the implementation of this Agreement, except those specified in Article 16 of this Agreement. In each specific case, a different procedure may be agreed between the competent authorities of the Parties.

Article 19

The provisions of this Agreement do not affect the rights and obligations of the Parties arising from other international treaties to which they are parties.

Article 20

The Parties shall use Russian as a working language when carrying out cooperation under this Agreement.

Article 21

1. This Agreement shall enter into force on the date of deposit with the depositary of the third notification on the completion by the Parties of the internal procedures necessary for its entry into force. 2. For the Parties that have completed the internal procedures later, this Agreement shall enter into force on the date of delivery of the relevant documents to the depositary.

Article 22

This Agreement is open for accession by other States sharing its provisions by sending a notification of such accession to the depositary. For the acceding State, this Agreement shall enter into force on the date of receipt by the depositary of the relevant notification, subject to paragraph 1 of Article 21 of this Agreement.

Article 23

Each Party may withdraw from this Agreement by sending a written notification to the depositary at least six months before the expected withdrawal date.

Article 24

Disputes between the Parties related to the application or interpretation of this Agreement are resolved through consultations and negotiations between the Parties concerned.

Article 25

The Parties may, by mutual agreement, make amendments and additions to this Agreement, formalized by a separate protocol, which shall enter into force in accordance with the procedure provided for in Article 21 of this Agreement, unless the Parties agree otherwise.

Done in Dushanbe on October 5, 2007, in one original copy in the Russian language. The original copy is kept in the Executive Committee of the Commonwealth of Independent States, which will send a certified copy to each signatory State of this Agreement.

For the Republic of Azerbaijan For the Republic of Moldova

For the Republic of Armenia For the Russian Federation

For the Republic of Belarus For the Republic of Tajikistan

For Georgia For Turkmenistan

For the Republic of Kazakhstan For the Republic of Uzbekistan

For the Kyrgyz Republic For Ukraine

Reservation of Ukraine

on item 8 of the agenda of the meeting of the Council of CIS Heads of State

"On the Agreement on Cooperation of the member States of the Commonwealth of Independent States in combating theft of cultural property and ensuring their return."

Dushanbe, October 5, 2007

"The Ukrainian side refrains from obligations regarding the harmonization of national legislation within the CIS (paragraph "a" of Article 3), as well as regarding the implementation of measures agreed within the CIS to comply with the provisions of universal and regional multilateral treaties (paragraph "b" of Article 3)."

Head of the Ukrainian Delegation, Minister of Foreign Affairs of Ukraine A.P. Yatsenyuk

I hereby certify that this text is a certified copy of the certified copy of the Agreement on Cooperation between the Member States of the Commonwealth of Independent States in Combating Theft of Cultural Property and Ensuring their Return, signed on October 5, 2007 in Dushanbe.

Head of the International Law Department of the Ministry of Foreign Affairs of the Republic of Kazakhstan D. Suleimenov

President

Republic of Kazakhstan

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