Act on Controls on the Illicit Export and Import and

other matters of Cultural Property

(Act No. 81 of July 3, 2002)

(Purpose)

Article 1 The purpose of this Act is to take necessary measures in connection

with the import, export, and recovery of stolen cultural property in order to

ensure proper implementation of the Convention on the Means of Prohibiting

and Preventing the Illicit Import, Export and Transfer of Ownership of

Cultural Property (hereinafter referred to as the "Convention").

(Definitions)

Article 2 (1) In this Act, the term "cultural property" means domestic cultural

property and property which a foreign government that is a State Party to the

Convention (hereinafter referred to as a "foreign government") has designated

pursuant to Article 1 of the Convention.

(2) In this Act, the term "domestic cultural property" means property which is

among items belonging to the categories that are enumerated in (a) through (k)

of Article 1 of the Convention and has been designated as Important Cultural

Property pursuant to the provisions of Paragraph 1 of Article 27 of the Act for

the Protection of Cultural Properties (Act No. 214 of 1950), as Important

Tangible Folk Cultural Property pursuant to the provisions of Paragraph 1 of

Article 78 of that Act, or as a Historic Site, Place of Scenic Beauty, or Natural

Monument pursuant to the provisions of Paragraph 1 of Article 109 of that Act.

(Specified Foreign Cultural Property)

Article 3 (1) Upon receiving notification from a foreign government to the effect

that cultural property has been stolen from an institution stipulated in Article

7 (b) (i) of the Convention, the Minister of Foreign Affairs shall notify the

Minister of Education, Culture, Sports, Science and Technology of the content

thereof without delay.

(2) Upon receiving notification from the Minister of Foreign Affairs pursuant to

the provisions of the preceding paragraph, the Minister of Education, Culture,

Sports, Science and Technology shall designate the cultural property that is

the subject of the said notification as specified foreign cultural property

pursuant to what is prescribed by the Ministry of Education, Culture, Sports,

Science and Technology (MEXT) Ordinance.

(3) When the Minister of Education, Culture, Sports, Science and Technology

intends to make a designation pursuant to the provisions of the preceding

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paragraph, the Minister of Economy, Trade and Industry shall be consulted.

(Approval of Import)

Article 4 Any person who intends to import specified foreign cultural property

shall comply with the obligation to obtain import approval pursuant to the

provisions of Article 52 of the Foreign Exchange and Foreign Trade Act (Act No.

228 of 1949).

(Public Notice of Notification)

Article 5 (1) Upon receiving notification (limited to notification of loss or theft)

in connection with domestic cultural property pursuant to the provisions of

Article 33 of the Act for the Protection of Cultural Properties (inclusive of the

application mutatis mutandis to Article 80, Article 108, and Article 120 of that

Act), the Commissioner of the Agency for Cultural Affairs shall make an

announcement thereof in the Official Gazette and, when the said property has

been stolen from an institution stipulated in Article 7 (b) (i) of the Convention,

shall also notify the Minister of Foreign Affairs.

(2) Upon receiving the notice prescribed in the preceding paragraph, the Minister

of Foreign Affairs shall notify foreign governments of the content thereof

without delay.

(Exceptions Related to Acquisition in Good Faith of Specified Foreign Cultural

Property)

Article 6 (1) Even when the possessor of specified foreign cultural property

fulfils the conditions stipulated in Article 192 of the Civil Code (Act No. 89 of

1896), the victim of the theft as referred to in Paragraph 1 of Article 3 above

may, in addition to making a claim for recovery pursuant to the provisions of

Article 193 of the Civil Code, claim for recovery of the said property from the

possessor after 2 years have elapsed and within a total period of 10 years from

the time of the theft. However, this shall not apply when the said specified

foreign cultural property has been so designated pursuant to the provisions of

Paragraph 2 of Article 3 after its import into Japan.

(2) In the instance described in the first sentence of the preceding paragraph, the

victim shall compensate the possessor for the price paid for the said property.

(Measures to Deepen Public Understanding)

Article 7 The Government of Japan shall endeavor, through educational, public

awareness and other activities, to deepen public understanding of the

prevention of the illicit import, export, and transfer of ownership of cultural

property and also to obtain public cooperation in this regard.

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Supplementary Provisions [Extract]

(Effective Date)

(1) This Act shall come into force on the day that the Convention enters into force

in Japan.

(Transitional Measures)

(2) The provisions of Article 3 shall not apply to cultural property that was stolen

prior to the enforcement of this Act.

(3) The provisions of Article 5 shall not apply to cultural property that was lost

or stolen prior to the enforcement of this Act.

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