On the Ratification of the Convention on Measures Aimed at Prohibiting and Preventing the Illegal Import, Export and Transfer of Ownership of Cultural Property

Home / RLA / On the Ratification of the Convention on Measures Aimed at Prohibiting and Preventing the Illegal Import, Export and Transfer of Ownership of Cultural Property

The Law of the Republic of Kazakhstan dated December 9, 2011 No. 507-IV.

To ratify the Convention on Measures Aimed at Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, adopted in Paris on November 14, 1970.

President

Republic of Kazakhstan

N. NAZARBAYEV

CONVENTION on Measures Aimed at Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (Bulletin of International Treaties of the Republic of Kazakhstan 2012, No. 6, Article 77 - entered into force on May 9, 2012)

The General Conference of the United Nations Educational, Scientific and Cultural Organization, which met in Paris from October 12 to November 14, 1970 for its sixteenth session, recalling the importance of the provisions of the Declaration of Principles of International Cooperation in the Field of Culture, adopted at the fourteenth session of the General Conference (1966),

Considering that the exchange of cultural values between countries for the purposes of education, science and culture expands knowledge about human civilization, enriches the cultural life of all peoples and causes mutual respect and understanding between countries,

Considering that cultural values are one of the basic elements of the civilization and culture of peoples and that they acquire their true value only if their origin, history and environment are precisely known,

Considering that every State has an obligation to protect the heritage, consisting of cultural values located on its territory, from the dangers of theft, secret excavations and illegal export,

Considering that, in order to prevent these dangers, it is necessary for each State to become even more aware of its moral obligations towards both its cultural heritage and the cultural heritage of all peoples,

Considering that museums, libraries and archives, as cultural institutions, should ensure that their collections are based on universally recognized moral principles,

Considering that the illegal import, export and transfer of ownership of cultural property harms mutual understanding between peoples, which UNESCO is obliged to promote, in particular by recommending relevant international conventions to interested States,

Considering that in order to be effective, the protection of cultural property must be organized both on a national and international scale and requires close cooperation between States,

Considering that the UNESCO General Conference in 1964 had already adopted a recommendation on this issue,

Having received new proposals on measures aimed at prohibiting and preventing the illegal import, export and transfer of ownership of cultural property (item 19 of the agenda of the session),

Having decided at its fifteenth session that this issue will be the subject of an international convention, adopts this Convention on November fourteenth, 1970.

Article 1

For the purposes of this Convention, cultural property is considered to be values of a religious or secular nature that are considered by each State to be of importance to archaeology, prehistory, history, literature, art and science and which belong to the categories listed below.:

(a) rare collections and specimens of flora and fauna, mineralogy, anatomy, and objects of interest to paleontology;

(b) values related to history, including the history of science and technology, the history of wars and societies, as well as those related to the lives of national figures, thinkers, scientists and artists, and major national events;

(d) components of dismembered artistic and historical monuments and archaeological sites;

(e) antique objects dating back more than 100 years, such as inscriptions, minted coins and seals;

(f) Ethnological materials;

(g) artistic values such as:

(i) canvases, paintings and drawings entirely handmade on any basis and from any materials (with the exception of drawings and hand-decorated industrial products);

(ii) original works of sculptural art made of any materials;

(iii) original engravings, prints and lithographs;

(iv) original art collections and installations made of any materials;

(h) rare manuscripts and incunabula, old books, documents and publications of special interest (historical, artistic, scientific, literary, etc.), separately or in collections;

(i) postage stamps, tax stamps and similar stamps, individually or in collections;

(j) Archives, including phono, photographic and film archives;

(k) furniture more than 100 years old and antique musical instruments.

Article 2

1. The States Parties to this Convention recognize that the illegal 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 these values and that international cooperation is one of the most effective means of ensuring the protection of their cultural property from all related dangers.

2. To this end, the Participating States undertake to counteract, by means at their disposal, such practices by eradicating their causes, stopping their implementation and helping to make the necessary reparations.

Article 3

The import, export and transfer of ownership of cultural property committed in violation of the rules adopted by the Participating States in accordance with this Convention shall be considered illegal.

Article 4

The States Parties to this Convention recognize that, in accordance with the objectives of this Convention, the cultural heritage of each State includes the following categories of values::

(a) Cultural property created by individuals or groups of persons who are nationals of a given State and cultural property of importance to that State and created in the territory of that State by foreign nationals or stateless persons residing in the territory of that State;

(b) Cultural property found on the national territory;

(c) cultural property acquired by archaeological, ethnological and natural science expeditions with the consent of the competent authorities of the country from which these values originate;

(d) Cultural assets acquired through voluntary exchanges;

(e) cultural property received as a gift or legally purchased with the consent of the competent authorities of the country from which these values originate.

Article 5

In order to ensure the protection of their cultural property from illegal import, export and transfer of ownership, the States Parties to this Convention undertake to establish on their territory, taking into account the conditions of each country, one or more national cultural heritage protection services, if such services have not yet been established, provided with qualified personnel in the number necessary to perform the following functions effectively:

(a) to promote the development of draft legislative and regulatory texts ensuring the protection of cultural heritage and, in particular, the suppression of the illegal import, export and transfer of ownership of important cultural property;

(b) to compile and update, on the basis of the national security register, a list of important cultural values, public and private, the export of which would mean a significant impoverishment of the national cultural heritage;

(c) to promote the development or establishment of scientific and technical institutions (museums, libraries, archives, laboratories, workshops, etc.) necessary for the preservation and promotion of cultural values;

(d) to organize the supervision of archaeological excavations, to ensure the preservation "in situ" (in its place) of certain cultural values and to protect certain areas reserved for future archaeological excavations;

(e) to establish rules for interested persons (curators, collectors, antique dealers, etc.) that comply with the ethical principles set out in this Convention and to ensure compliance with these rules;

(f) to carry out educational activities with the aim of awakening and strengthening respect for the cultural heritage of all States and popularizing the provisions of this Convention;

(g) Ensure that any case of loss of cultural property is appropriately publicized.

Article 6

The States Parties to this Convention undertake:

(a) establish an appropriate certificate by which the exporting State certifies that it has authorized the export of one or more cultural property. This certificate must be attached to one or more cultural objects exported in accordance with the existing regulations.;

(b) prohibit the export of cultural property from its territory that does not have the aforementioned certificate attached.;

(c) appropriately communicate this prohibition to the public and, in particular, to persons who may export or import cultural property.

Article 7

The States Parties to this Convention undertake:

(a) Take all necessary measures, in accordance with national legislation, aimed at preventing the acquisition by museums and other similar institutions located on their territories of cultural property originating in another State Party to the Convention that was illegally exported after the entry into force of this Convention. Whenever possible, inform the State from which this cultural property originates and which is a party to this Convention of a proposal to return such cultural property illegally exported from that State after the entry into force of this Convention in both States.;

(b) (i) prohibit the importation of cultural property stolen from a museum or religious or secular historical monument or similar institution of another State Party to this Convention after the entry into force of this Convention in the States concerned, provided that such value is listed in the inventory of objects belonging to that institution.;

(ii) at the request of a State Party, take appropriate steps to locate 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 pays fair compensation to the bona fide buyer or the person who has a valid right to that value. Requests for search and return are sent through diplomatic channels. The requesting party shall provide, at its own expense, the documentation and other evidence necessary to establish the right to a claim in respect of search and return. The Parties shall not impose any customs duties or other charges on cultural property returned in accordance with this article. All expenses related to the return of one or more of the mentioned cultural property are borne by the requesting party.

Article 8

The States Parties to this Convention undertake to impose criminal or administrative penalties on all persons responsible for violating the prohibitions provided for in articles 6 (b) and 7 (b) above.

Article 9

Any State Party to this Convention whose cultural heritage is in danger of theft of archaeological or ethnological materials may apply to other States Parties concerned. The States Parties to this Convention undertake, in such cases, to participate in a coordinated international effort to identify and implement the necessary specific measures, including control over the export, import and international trade of the relevant specific cultural property. Prior to the agreement, each State concerned shall take preliminary measures, to the extent possible, aimed at preventing irreparable damage to the cultural heritage of the requesting State.

Article 10

The States Parties to this Convention undertake:

(a) to restrict, through education, information and vigilance, the transportation of cultural property illegally exported from any State Party to this Convention, and, depending on the conditions of each country, to impose on antiquaries the obligation, under threat of criminal sanctions, to maintain a register in which to indicate the origin of each cultural property, the name and address of the supplier, description and value for each item sold, as well as to inform buyers of cultural property about the possible extension of the export ban to these values.;

(b) strive through educational means to create and promote awareness in the eyes of public opinion of the importance of cultural property and the threat to cultural heritage posed by theft, clandestine excavation and illegal export.

Article 11

The forced export and transfer of ownership of cultural property, which is a direct or indirect result of the occupation of a country by a foreign Power, is also considered illegal.

Article 12

The States Parties to this Convention will respect cultural property in the Territories for whose foreign relations they are responsible and will take appropriate measures to prohibit and prevent the illegal import, export and transfer of ownership rights to cultural property in their territories.

Article 13

The States Parties to this Convention undertake, in addition, in accordance with the laws of each State:

(a) to prevent, by all appropriate means, the transfer of ownership of cultural property that facilitates the illegal import or export of such property;

(b) take measures to ensure that their competent services cooperate in order to return illegally exported cultural property to its rightful owners as soon as possible.;

(c) allow a claim to be brought for the return of lost or stolen cultural property by or on behalf of the rightful owner;

(d) To recognize, in addition, the inalienable right of each State Party to this Convention to classify and declare certain cultural property as inalienable, which therefore should not be exported, and to facilitate the return of such cultural property to the States concerned if it has previously been exported.

Article 14

In order to prevent illegal export and fulfill obligations related to the implementation of this Convention, each State Party to the Convention should, to the extent possible, provide sufficient funds to national cultural heritage protection services and, if necessary, may establish funds for the above-mentioned purposes.

Article 15

This Convention in no way prevents the States Parties to it from concluding special agreements among themselves or continuing to apply agreements already concluded on the return of cultural property exported for any reason from the territory from which they originate, prior to the entry into force of this Convention in the States concerned.

Article 16

The States Parties to this Convention will report, in periodic reports that they submit to the General Conference of the United Nations Educational, Scientific and Cultural Organization on the dates and in the form prescribed by it, on the legislative and regulatory provisions and other measures they have taken to implement this Convention, as well as information on their experience in this area.

Article 17

1. States Parties to this Convention may seek technical assistance from the United Nations Educational, Scientific and Cultural Organization, in particular with regard to:

(a) Information and education,

(b) Expert advice and services,

2. The United Nations Educational, Scientific and Cultural Organization may, on its own initiative, conduct research and publish monographs on issues related to the illegal movement of cultural property.

3. To this end, the United Nations Educational, Scientific and Cultural Organization may also seek the cooperation 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 aimed at implementing this Convention.

5. At the request of at least two States parties to the Convention, which have disagreements about its application, UNESCO may offer its good offices to reach an agreement between them.

Article 18

This Convention has been drawn up in English, French, Spanish and Russian, all four texts being equally authentic.

Article 19

1. This Convention is subject to ratification or acceptance by the Member States of the United Nations Educational, Scientific and Cultural Organization in accordance with the procedure provided for by their constitutions.

2. Instruments of ratification or acceptance shall be deposited with the Director-General of the United Nations Educational, Scientific and Cultural Organization.

Article 20

1. Any State that is not a member of the United Nations Educational, Scientific and Cultural Organization may accede to this Convention if it receives an invitation from the Executive Council of the Organization to accede to it.

2. Accession shall be effected by depositing 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 deposit of the third instrument of ratification, acceptance or accession, but only in respect of those States that have deposited their instruments of ratification, acceptance or accession on or before that date. In respect of any other State, the Convention enters into force three months after it has deposited its instrument of ratification, acceptance or accession.

Article 22

The States Parties to this Convention recognize that its effect extends not only to the territories of their metropolitan area, but also to the territories for whose foreign relations they are responsible.; They undertake to consult, if necessary, with the Governments or competent authorities of the Territories indicated at the time of ratification, acceptance or accession, or even earlier, in order to ensure the implementation of the Convention in those Territories, as well as to notify the Director-General of the United Nations Educational, Scientific and Cultural Organization of the Territories in which the Convention will be implemented. This notification takes effect three months after its receipt.

Article 23

1. Each State Party to this Convention may denounce it on its own behalf or on behalf of any Territory for whose foreign relations it is responsible.

2. Denunciation is notified by a written act, which is submitted to the Director-General of the United Nations Educational, Scientific and Cultural Organization.

3. The denunciation takes effect twelve months after the receipt of the act of denunciation.

Article 24

The Director-General of the United Nations Educational, Scientific and Cultural Organization shall inform the Member States of the Organization, the non-member States referred to in article 20, as well as the United Nations of the deposit of all instruments of ratification, acceptance or accession referred to in Articles 19 and 20, as well as the notification and denunciations referred to in articles 22 and 23.

Article 25

1. This Convention may be revised by the General Conference of the United Nations Educational, Scientific and Cultural Organization. However, its revised text will only bind those States that become parties to the revised Convention.

2. In the event that the General Conference adopts a new convention as a result of a complete or partial revision of this Convention and if the new convention does not contain other indications, this Convention will be closed for ratification, acceptance or accession from the date of entry into force of the new convention containing the revised text.

Article 26

In accordance with Article 102 of the Charter of the United Nations, this Convention will be registered with the United Nations Secretariat at the request of the Director-General of the United Nations Educational, Scientific and Cultural Organization.

Legal Advisor

The United Nations

on education, science and culture

The RCPI's note. The following is the text of the Convention in English, French, and Spanish.

President

Republic of Kazakhstan

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