Decree No. 4188, 9 April 2002

Original Language Title: Decreto nº 4.188, de 9 de Abril de 2002

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Decree No. 4188, of 9 APRIL 2002 Promulgates the Convention on the recovery of stolen or Illicitly Exported Cultural goods between the Government of the Federative Republic of Brazil and the Government of the Republic of Peru, signed in Brasilia on 26 February 1996.
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 Peru signed in Brasilia on 26 February 1996, an agreement on the recovery of stolen or Illicitly Exported Cultural goods;
Whereas the National Congress approved this Agreement by means of Legislative Decree No. 484, of 28 November 2001;
Whereas the Agreement entered into force on 25 January 2002;
D E C R E T a: Art. 1 the Convention on the recovery of stolen or Illicitly Exported Cultural goods between the Government of the Federative Republic of Brazil and the Government of the Republic of Peru, signed in Brasilia on 26 February 1996, 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 review of that Agreement, as well as any additional adjustments pursuant to item I of the art. 49 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, 9 April 2002; 181 of independence and 114 of the Republic.
FERNANDO HENRIQUE CARDOSO Celso Lafer Convention on the recovery of stolen or Illicitly Exported Cultural goods between the Government of the Federative Republic of Brazil and the Government of the Republic of Peru the Government of the Federative Republic of Brazil and the Government of the Republic of Peru (hereinafter "Contracting Parties"), Recognizing the importance of protecting the cultural heritage of both countries;
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 or illicitly exported, agree as follows: Article 1 1. Both Contracting Parties undertake to prohibit and prevent the entry into their respective territories of archaeological, historical and cultural goods coming from other Contracting Party requiring their express permission to export.
2. For the purposes of this Agreement, are called "archaeological, historic and cultural assets": the objects of art and artifacts of 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) art artifacts and religious artifacts of both countries, or Fragments of them, and (c)) the documents of the official records of federal, State or municipal governments or their agencies, 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, by their special features.
Article 1 2. 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 formalized through diplomatic channels.
3. The expenses inherent to the recovery and return mentioned above shall be borne by the requesting party.
Article 1.As 3 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.As 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 4 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 5 the present 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 6 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 7 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, duly authorized, sign this Agreement, done in Brasilia, on 26 February 1996, in two originals, in the Portuguese and Spanish languages, both 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 Peru Francisco Tudela Van b. Douglas State Minister of Foreign Affairs

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