DECREE NO 4,444, DE October 28, 2002

Promulga the Agreement between the Government of the Federative Republic of Brazil and the Government of the Republic of Bolivia on the Recovery of Cultural Goals, Heritage Sites and Other Specific Stolen, Imported or Exported Ilicitely, celebrated in La Paz, on July 26, 1999.

THE PRESIDENT OF THE REPUBLIC, in the use of the attribution conferring you the art. 84, inciso VIII, of the Constitution,

Considering that the Government of the Federative Republic of Brazil and the Government of the Republic of Bolivia celebrated, in La Paz, on July 26, 1999, an Agreement on the Recovery of Cultural Goals, Heritage Sites and Other Specific Stolen, Imported or Exported Iliciously ;

Considering that the National Congress has approved this Agreement by means of Legislative Decree No. 97, of May 23, 2002 ;

Consideration that the Agreement entered into force on July 26, 2002, pursuant to its Article VII ;

D E C R E T A:

Art. 1º The Agreement between the Government of the Federative Republic of Brazil and the Government of the Republic of Bolivia on the Recovery of Cultural Goals, Heritage Sites and Other Specific Stolen, Imported or Exported Iliciously, celebrated in La Paz, in 26 de July 1999, attached by copying to the present Decree, will be executed and fulfilled as entirely as it contains.

Art. 2º They shall be subject to the approval of the National Congress any acts that may result in revision of the said Agreement, as well as any further adjustments which, pursuant to the art. 49, inciso I, of the Federal Constitution, carries charges or engraved commitments to national heritage.

Art. 3º This Decree shall enter into force on the date of its publication.

Brasilia, October 28, 2002 ; 181º of the Independence and 114º of the Republic.

FERNANDO HENRIQUE CARDOSO

Celso Lafer

Agreement between the Government of the Federative Republic of Brazil and the Government of the Republic of Bolivia On the Retrieval of Cultural Goals, Heritage Sites and Other Specific Stolen, Imported or Iliciously Exported

The Government of the Federative Republic of Brazil

and

The Government of the Republic of Bolivia

(henceforth called the Contracting Parties),

Recognizing the importance of protecting the cultural heritage of both countries ;

Reiterating the stipulation in international cultural heritage advocacy mechanisms, such as the The UNESCO Convention on the Measures to be Adoned to Prohibit and Impen the Importation, Export and Transfer of Lawful Property of Cultural Goals of November 14, 1970, and the Convention of the Unidroit on Furted Cultural Goods or Ilicitely Exported, from June 24, 1995 ;

Aware of the serious injury that it represents for the two Contracting Parties to theft and export illicit of objects that constitute this heritage, both for the loss of cultural assets and for the damage that is infringed on sites and archaeological sites, such as churches and other repositories ;

Wish to establish common standards allowing for the recovery of such goods, in cases in that the same have been stolen, imported or exported iliciously,

Wake up the following:

Article I

1. Both Contracting Parties undertake to prohibit and prevent admission to their respective territories of cultural, heritage and other specific goods from the other Contracting Party that appear in their respective authorization expresses for your export.

2. For the purpose of this Agreement, they are called cultural, heritage and other specific goods, the below related ones that should have been produced for more than fifty years:

a) the objects of art and archaeological artifacts from the pre-Columbian cultures of both countries, including architectural elements, sculptures, ceramic pieces, metal works, textiles and other vestiges of human activity, or fragments of it ;

b) classified paleontological objects and with certification of origin of any of the Contracting Parties ;

c) the objects of art and artifacts of religious worship of the colonial and republican era of both countries, or fragments of the same ;

d) the documents coming from the official archives of the federal, state and municipal, in the case of the Federative Republic of Brazil, and central, departmental and municipal, in the case of the Republic of Bolivia, or other entities of public character, in accordance with the laws of each Contracting Party, or with an antique superior to fifty years, which are the property of these or of religious organizations in favor of which both Governments are empowered to act. Private property documents that each Contracting Party deems necessary shall also be included, for their special characteristics ;

e) antiques such as coins, inscriptions and engraved stamps ;

f) goods of artistic interest as paintings, paintings and drawings made entirely by hand on any support and in any material, production of original statuary art and sculpture in any material, engravings, stamping and original lithographs ;

g) rare manuscripts and incunaces, books, documents and publications with more than fifty years of historical interest, artistic, scientific, literary, etc. .. are either loose or in collections ;

h) postage stamps, fiscal stamps and analogues, loose or in collections ;

i) phonographic, photographic and cinematographic material ;

j) furniture and / or furnishings included music instruments ;

k) ethnological material, properly classified ;

l) shall also be included in the cultural and documentary goods of private property that each Party Contractor essential for its special characteristics, and which are duly registered and catalogued by the respective competent cultural authority.

Article II

1. At the request of one of the Contracting Parties, the other shall employ the legal means within its scope, within its territory, to recover and return the archaeological, historical and cultural assets.

2. Applications for reclamation and return of archaeological, historical and cultural goods should be formulated by diplomatic means.

3. The expense inherent in the recovery and return mentioned above will be borne by the requesting Party.

Article III

1. The Contracting Parties agree to exchange information intended to identify who, in the territory of one of them, has participated in the illicit theft or export of archaeological, historical and cultural goods.

2. The Contracting Parties shall also seek to diffuse between their respective customs and police authorities from ports, airports and borders, information on cultural goods that may be the subject of theft or trafficking illicit, in order to facilitate their identification and application of the corresponding precautionary measures.

Article IV

The Contracting Parties agree to exempt from customs duties and too much taxes on goods archaeological, historical and cultural which are recovered and returned as a result of the implementation of this Agreement.

Article V

The present Agreement may be modified by mutual consent of the Contracting Parties. Each Contracting Party shall notify the other of the fulfilment of the internal formalities necessary for the approval of the modifications, which shall enter into force on the date of the second notification.

Article VI

The present Agreement shall apply indefinitely, unless one of the Contracting Parties shall communicate to the other, with a year in advance, his intention to report it

Article VII

Each of the Contracting Parties shall notify the other of the fulfilment of the respective formalities legal necessary for the approval of this Agreement, which shall enter into force on the date of receipt of the second such notification.

In faith than, the representatives of the Contracting Parties, duly authorized, sign the present Agreement.

Made in the city of La Paz on July 26, 1999, in two original copies, in the languages Portuguese and Spanish, being both equally authentic texts.

BY THE GOVERNMENT OF THE FEDERAL REPUBLIC OF BRAZIL

Luiz Felipe Lampreia

Minister of State for Foreign Affairs

BY THE GOVERNMENT OF THE REPUBLIC OF BOLIVIA

Javier Murillo de la Rocha

Minister of Foreign Affairs