DECREE NO. 4,188, OF April 9, 2002

Promulgates the Conven on the Recovery of Stolen Or Exported Cultural Goods between the Government of the Federative Republic of Brazil and the Government of the Republic of Peru, concluded in Brasilia on February 26, 1996.

THE PRESIDENT OF THE REPUBLIC, in the use of the award that gives it 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 Peru celebrated, in Brasilia, on February 26, 1996, a Conven on the Recovery of Bens Cultural Stolen or Illawfully Exported;

Whereas the National Congress passed this Conven through the Legislative Decree No. 484 of November 28, 2001;

Whereas the Convance came into force on January 25, 2002;

D E C R E T A:

Art. 1º The Conven on the Recovery of Cultural Goods Stolen or Illawfully Exported between the Government of the Federative Republic of Brazil and the Government of the Republic of Peru, concluded in Brasilia, on February 26, 1996, apensed by copy to the present Decree, shall be executed and fulfilled as entirely as it contains.

Art. 2º Are subject to the approval of the National Congress any acts that may result in a review of the said ConvGenius, as well as any further adjustments that, pursuant to the incisant I of art. 49 of the Federal Constitution, carries charges or gravy commitments to the national heritage.

Art. 3º This Decree takes effect on the date of its publication.

Brasilia, April 9, 2002; 181º of Independence and 114º of the Republic.

FERNANDO HENRIQUE CARDOSO

Celso Lafer

Conven on the Recovery of Stolen Or Exported Cultural Goods Illicitly between

Government of the Federative Republic of Brazil and the Government of the Republic of Peru

The Government of the Federative Republic of Brazil

E

The Government of the Republic of Peru

(henceforth called "Contracting Parties"),

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

Consent of the serious injury that it represents for the two Parties Contractors the theft and illicit export of objects constituting that heritage, both for the loss of cultural assets and for the damage that infringes on sites and archaeological sites, such as churches and other repositories;

Wishes to establish common standards that allow the retrieval of the aforementioned goods, in cases where the same have been stolen or exported unlawfully,

Wake up the following:

Article 1

1.Both Contracting Parties undertake to prohibit and prevent the ingress into their respective territories of archaeological, historical and cultural goods from the other Contracting Party that are lacking from the respective express permission for their export.

2.For the purpose of the present ConvGenius, they are termed "archaeological, historical and cultural goods":

the art objects and artifacts of the pre-Columbian cultures of both countries, including architectural elements, sculptures, pieces of ceramics, metal works, textiles and other traces of human activity, or fragments of it;

b) the art artifacts and religious artifacts of both countries, or fragments of the same, and

c) the documents from the official archives of federal, state or municipal governments, or their corresponding agencies, in accordance with the laws of each Contracting Party, or with an antique higher than fifty years, which are the property of these or of religious organizations in favor of which both Governments are enabled to perform. The private property documents that each Contracting Party deems necessary, for their special characteristics, are also included.

Article 2

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

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

3.The expenses inherent in the recovery and return mentioned above will be in charge of the requesting Party.

Article 3

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

2.The Contracting Parties shall also seek to disseminate between the respective customs and police authorities of the ports, airports and borders, information relating to cultural assets which may be the object of theft or illicit trafficking, in order to facilitate their identification and application of the corresponding precautionary measures.

Article 4

The Contracting Parties agree to exempt from customs duties and too much tax the archaeological goods, histories and culture that are retrieved and returned in due process of the application of the present Convium.

Article 5

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

Article 6

The present Convenium will invigorate indefinitely unless one of the Contracting Parties communicates to the other, one year in advance, its intention to denounce it.

Article 7

Each of the Contracting Parties shall notify the another of the fulfillment of the respective legal formalities necessary for the approval of the present Convium, which will enter into force on the date of receipt of the second of these notifications.

In faith than, duly authorized, sign up the present Convmillennium, made in Brasilia, on February 26, 1996, in two original copies, in the Portuguese and Spanish languages, both equally authentic.

By the Government of the Federative Republic of Brazil

Luiz Felipe Lampreia

Minister of State for Foreign Relations

By the Government of the Republic of Peru

Francisco Tudela Van B. Douglas

Minister of State for Foreign relations