Decree No. 4444, of 28 OCTOBER 2002 Promulgates the agreement between the Government of the Federative Republic of Brazil and the Government of the Republic of Bolivia on the recovery of cultural property, Assets and Other Stolen Specific, imported or exported unlawfully, held in La Paz, on 26 July 1999.
The PRESIDENT of the REPUBLIC, in the use of the role that gives the art. 84, item VIII of the Constitution, whereas the Government of the Federative Republic of Brazil and the Government of the Republic of Bolivia in La Paz, signed on 26 July 1999, an agreement on the recovery of Cultural Heritage, and Other Specifics have been stolen, Illegally imported or exported;
Whereas the National Congress approved this Agreement by means of Legislative Decree n° 97, of 23 May 2002;
Whereas the agreement entered into force on 26 July 2002, pursuant to article VII;
D E C R E T a: Art. 1 the agreement between the Government of the Federative Republic of Brazil and the Government of the Republic of Bolivia on the recovery of cultural property, Assets and Other Stolen Specific, imported or exported unlawfully, held in La Paz, on 26 July 1999, attached by copy to this Decree, shall be executed and delivered as fully as it contains.
Art. 2 Are subject to the approval of the National Congress any acts that may result in a revision of the agreement, as well as any additional adjustments, pursuant to art. 49, item I, of the Federal Constitution, or demanding commitments entail to the national heritage.
Art. 3 this Decree shall enter into force on the date of its publication.
Brasília, October 28 2002; 181 of independence and 114 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 recovery of cultural property, Assets and Other Stolen Specific, imported or exported unlawfully removed the Government of the Federative Republic of Brazil and the Government of the Republic of Bolivia (hereinafter what contracting parties do), Recognizing the importance of protecting the cultural heritage of both countries;
Reiterating the stipulations in international mechanisms of protection of cultural heritage, as do UNESCO Convention about the measures to be adopted to Prohibit and Prevent the import, export and transfer of ownership of cultural property Illicit did, of 14 November 1970, and the Convention of Unidroit ¿¿¿on Stolen or Illicitly Exported Cultural property, of you June 24, 1995;
Aware of the serious injury that represents to the two Contracting Parties the theft and illegal export of objects which constitute this heritage, both over the loss of cultural assets and the damage that infringe the places and archaeological sites, such as churches and other repositories;
Desiring to establish common standards to allow recovery of such property, in cases in which they have been stolen, imported or exported unlawfully, agree as follows: article I 1. Both Contracting Parties undertake to prohibit and prevent the entry into their respective territories of cultural, heritage and other specifics from the other Contracting Party requiring their express permission to export.
2. For the purposes of this agreement, are you, heritage and other cultural goods you specific, below which should have been produced for more than 50 years: a) the art objects and archaeological artifacts from the pre-Columbian cultures of both countries, including architectural elements, sculpture, pottery, metal work, textiles and other traces of human activity, or Fragments of it;
b) palaeontological objects classified and with certification of origin of any of the Contracting Parties;
c) objects of art and artifacts of colonial-era religious cult and a Republican from both countries, or fragments thereof;
d) documents from the official files of the federal, State and municipal governments, 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 antiquity of more than 50 years, owned or of religious organizations in favor of which both Governments are empowered to act. Also included are the papers of private property that each Contracting Party considers it necessary, for its special features;
e) antiquities such as coins, inscriptions and engraved seals;
f) goods of artistic interest as pictures, paintings and drawings executed entirely by hand on any medium in any material, original production art and sculpture statuary in any material, prints, embossed and lithographs;
g) rare manuscripts and incunabula, books, documents and publications with over 50 years of historical, artistic, scientific, literary, etc. .. are loose or in collections;
h) postage stamps, revenue stamps and similar, loose or in collections;
I) record, film and photographic material;
j) furniture and/or furnishings included musical instruments;
k ethnological material, properly classified);
l) are also included cultural goods and documents of private property that each Contracting Party considers necessary for its special features, and are properly recorded and cataloged by the respective cultural competent authority.
Article II 1. At the request of either Contracting Party, the other will use the legal means at its disposal, within their territory, to retrieve and return the archaeological, historic and cultural assets.
2. Requests for recovery and return of archaeological, historical and cultural goods should be made through diplomatic channels.
3. The expenses inherent to the recovery and return mentioned above shall be borne by the requesting party.
Article III 1. The Contracting Parties agree to exchange information to identify who, in the territory of one of them, have taken part in the theft and illegal export of archaeological, historical and cultural assets.
2. The Contracting Parties shall seek to equally spread between customs and police authorities of the ports, airports and borders, information concerning cultural objects that may be the object of theft or illicit trafficking, in order to facilitate their identification and application of precautionary measures.
Article IV the Contracting Parties agree to exempt from customs duties and other taxes the archaeological, historic and cultural assets that are recovered and returned as a result of the application of this agreement.
Article V of this agreement may be modified by mutual consent of the Contracting Parties. Each Contracting Party shall notify the other of the completion of the internal procedures necessary for the approval of the amendments, which will enter into force on the date of the second notification.
Article VI of this Agreement shall remain in force indefinitely, unless one of the Contracting Parties shall communicate to each other, with a year in advance, their intention to denounce him.
Article VII each Contracting Party shall notify the other of the completion of the respective legal formalities necessary for the approval of this agreement, which shall enter into force on the date of receipt of the second of these notifications.
In witness whereof, the representatives of the Contracting Parties, duly authorized, sign this agreement.
Done in the city of La Paz, on 26 July 1999, in two originals, in the Portuguese and Spanish languages, both texts being equally authentic.
By the GOVERNMENT of the FEDERATIVE REPUBLIC OF BRAZIL Luiz Felipe Lamprey Minister of State of Foreign Affairs for the GOVERNMENT of the REPUBLIC OF BOLIVIA Javier Murillo de la Rocha Minister of Foreign Affairs