Conventions Protection, Conservation ... Cultural Goods. - Full Text Of The Norm

Original Language Title: CONVENIOS PROTECCION, CONSERVACION ... BIENES CULTURALES... - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
CONVENTIONS Law 25.832 Approve the Agreement signed with the Republic of Peru for the Protection, Conservation, Recovery and Return of Cultural, Archaeological, Artistic and Stolen, Exported or Transferred Illicitly. Sanctioned: November 26, 2003 Cast: January 9, 2004

The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:

ARTICLE 1 Appropriate the Convention for the Protection, CONSERVATION, CULTURAL AND DEVOLUTION OF CULTURAL BIENES, ARQUEOLOGICOS, ARTISTIC AND HISTORICOS ROBADOS, EXPORTADOS OR TRANSFERIDOS ILICITAMENT AGENCY REPUBLIC AND REPUBLIC DEL PERU, signed in Buenos Aires on 15 May 2001, which consists of SIETE (7) articles, whose authenticated photocopy is part of this law. ARTICLE 2 Contact the national executive branch.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE VEINTISEIES OF THE MONTH OF NOVEMBER OF THE YEAR DOS MIL TRES.

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EDUARDO O. CHANGE. . MARCELO G. LOPEZ ARIAS. . Eduardo D. Rollano. . Juan Estrada.

Convention for the Protection, Conservation, Recovery and Return of Cultural, Archaeological, Artistic and Historical Property Stolen, Exported or Transferred Illegally between the Argentine Republic and the Republic of Peru

The Argentine Republic and the Republic of Peru, henceforth referred to as the Parties;

Recognizing that the cultural heritage of each country is unique and unique and in such character must be adequately protected;

Aware of the serious injury to both countries of theft and illicit export of objects belonging to their cultural heritage, both for the loss of these cultural property and for the damage to archaeological sites and sites and other historical and cultural sites;

Recognizing the importance of protecting and preserving their cultural heritage, in accordance with the principles and standards set out in the UNESCO Conventions on the Prohibition of the Illicit Import, Export and Transfer of Ownership of Cultural Property, as well as on the Protection of the Cultural and Natural Heritage of Humanity;

Seguring that a collaboration between the two Parties for the recovery of stolen, imported, exported or illicitly transferred cultural property constitutes an effective means of protecting and recognizing the right of the owner of each Party to their respective cultural property;

Desirous of establishing common rules for the recovery of such property, in cases that have been stolen or illicitly exported, as well as their protection and conservation;

They agreed on the following:

Article I

1. At the express request, in written form, of one of the Parties, the other shall use the legal means at its disposal to recover and return from its territory the cultural, archaeological, artistic and historical property that had been stolen, exported or illicitly transferred from the land- river of the required Party, in accordance with its existing legislation and international conventions.

2. Requests for the recovery and return of specific cultural, archaeological, artistic and historical property must be formalized through diplomatic channels.

3. Both Parties shall also prevent the entry into their respective territories of cultural, archaeological, artistic and historical property with an age of more than one hundred years from a Party, theft, export or illicit transfer of which has previously been communicated to the other Party.

Article II

For the purposes of this Convention, "cultural, archaeological, artistic and historical goods" shall be understood as follows:

(a) The objects of art and artifacts of the ancient cultures of both Parties, including architectural elements, sculptures, ceramic pieces, metalwork, textiles, critiques, bioanthropological and other vestiges of human activity, or fragments of these;

(b) Paleontological objects classified and not classified from museum and/or scientific collections;

(c) Goods related to history, including the history of sciences and techniques, military history and social history, as well as the lives of national leaders, thinkers, sages and artists and events of national importance;

(d) The product of excavations (both authorized and clandestine) and/or archaeological discoveries;

(e) The objects of art and religious cult elements of the colonial and republican era of both countries or fragments thereof.

(f) Cultural documents and pieces from the official museums and archives of central, provincial or municipal States in the case of the Argentine Republic, and of central, provincial or municipal governments, in the case of Peru, or their respective agencies, according to the laws of each Party, which are owned by these or by religious organizations in favor of which both governments are empowered to act, including church archives;

(g) Goods of artistic interest, such as paintings, paintings and drawings made entirely by hand, production of originals of estuary and sculpture art, engravings, original prints and lithographs, original sets and artistic assemblies;

(h) Uncommon and unqualified manuscripts, books, documents and publications of historical, artistic, scientific or literary interest, whether loose or in collections;

(i) Mail seals, tax stamps and analogues, loose or in collections; coins, inscriptions and stamps engraved;

(j) Photographic, photographic and film materials;

(k) Furniture and/or furniture, including musical instruments and equipment and working instruments, of historical and cultural interest;

(l) Ethnographic material classified and not classified belonging to museum and/or scientific collections including the material of ethnic groups of the Amazon in danger of extinction; and

(m) Underwater cultural heritage.

Article III

1. Each Party shall inform the other of the thefts of cultural, archaeological, artistic and historical property of which it is aware and of the methodology used, where there is reason to believe that such objects will probably be illegally introduced into international trade.

2. For this purpose, and on the basis of the police investigation conducted for this purpose, sufficient descriptive information should be submitted to the other Party to identify the objects and also those who have participated in theft, sale, importation/exportation and/or related criminal conduct, as well as to clarify the mode of operation employed by criminals.

3. The Parties shall also disseminate information on cultural property that has been the subject of theft and illicit trafficking to their respective customs and police authorities of ports, airports and borders, with a view to facilitating their identification and enforcement of appropriate precautionary and enforcement measures.

Article IV

1. Both Parties shall free from customs duties and other taxes on cultural, archaeological, artistic and historical property that is recovered and returned pursuant to this Convention.

2. The costs inherent in the recovery and return of cultural, archaeological, artistic and historical property under this Convention shall be borne by the required Party.

Article V

This Convention may be amended by agreement of the Parties, at the request of any Party. Such modifications may be formalized through reversal notes or other procedure agreed upon by the Parties to that effect.

Article VI

This Convention shall govern indefinitely unless one Party communicates to the other, with prior notice of one year, its intention to terminate it.

Article VII

The present. Convention shall enter into force thirty days after the date on which the Parties have withdrawn from the respective instruments of ratification.

Made in the city of Buenos Aires at 15 days of May 2001, in two equally authentic originals.

For the Argentine Republic

For the Republic of Peru