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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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