1992 ACT 16
Official Journal No. 40.618 of 8 October 1992
By means of which the Convention between the Republic of Colombia and the Republic of Peru is approved for the protection, conservation and recovery of archaeological, historical and cultural assets, made in Bogotá on 24 May 1989
THE CONGRESS OF COLOMBIA,
Having regard to the text of the Convention between the Republic of Colombia and the Republic of Peru for the protection, conservation and recovery of archaeological, historical and cultural assets, made in Bogotá on 24 May 1989.
" CONVENTION BETWEEN THE REPUBLIC OF COLOMBIA AND THE REPUBLIC OF PERU FOR THE PROTECTION, CONSERVATION AND RECOVERY OF ARCHAEOLOGICAL, HISTORICAL AND CULTURAL ASSETS
The Republic of Colombia and the Republic of Peru recognizing the importance of protecting the cultural heritage of their respective countries;
With the mutual desire to promote the protection, study, conservation and recovery of goods of archaeological, artistic, historical and cultural value belonging to the national heritage of their countries;
Taking into account the spirit of the Unesco Conventions on this subject, of which the two countries are a party; and
Considering the provisions of the existing bilateral Cultural Convention,
You have agreed to the following:
1. The Parties undertake individually and, if appropriate, jointly with:
A. To facilitate the circulation and exhibition in both countries of archaeological, historical and cultural assets in order to encourage mutual understanding and appreciation of the artistic heritage and culture thereof;
B. Prevent illicit excavations in archaeological sites and the theft of these goods, as well as historical and cultural ones; and
C. To stimulate the search, excavation, preservation and studies of archaeological sites and materials among qualified scientists and scholars.
2. For the purposes of this Convention, 'archaeological, historical and cultural assets' shall be referred to as:
A. Art objects and archaeological artifacts from both countries, including architectural elements, sculptures, ceramic pieces, metal works, textiles, books and print and other vestiges of human activity or fragments of human activity;
B. Documents from the official archives of central, state or municipal governments or their corresponding agencies, according to the laws of each Party or with a seniority of more than fifty years, which are the property of the central, state or municipal governments or their agencies or property of religious organisations in favour of which both governments are empowered to act. Similarly, for similar purposes, private property documents are included.
1. At the request of one of the Parties, the other shall use the legal means at its disposal to recover and restore the archaeological, historical and cultural assets that have been taken from the territory of the requesting Party prior to the the entry into force for the two countries of the Multilateral Convention on the measures to be taken to prohibit and prevent the import, export and transfer of illicit property of cultural goods.
2. Requests for the recovery and restitution of specific archaeological, historical and cultural assets should be formalized by diplomatic channels.
3. The Parties shall endeavour to give the most extensive disclosure to the content of their respective laws on archaeological, historical and cultural assets, as well as to the specific procedures or requirements that have been agreed upon in this respect. them.
Any dispute arising out of the interpretation or application of this Convention shall be determined by the means established in International Law.
This Convention will enter into force on the date of the exchange of the Instruments of Ratification, once the constitutional and legal procedures of each country have been completed. Its duration shall be indefinite unless one of the Contracting Parties informs the other of its intention to denounce it. The complaint shall take effect one year after the date of receipt of the respective notification.
Made in Bogota, D.E., on 24 days of May 1989, in two equally valid copies.
By the Government of the Republic of Colombia (unreadable signature).
By the Government of the Republic of Peru (unreadable signature).
The undersigned Head of the Legal Affairs Division of the Ministry of Foreign Affairs,
That the present reproduction is a faithful and integral photocopy of the original text of the "Convention between the Republic of Colombia and the Republic of Peru for the Protection, Conservation and Recovery of Archaeological, Historical and Cultural Property", in Bogota on 24 May 1989, which is based in the archives of the Legal Affairs Division-the Treaties Section-of the Ministry of Foreign Affairs.
Dada en Bogotá, D.E., at ten (10) days of the month of September of a thousand
nine hundred and ninety (1990).
The Head of the Legal Affairs Division,
FULVIA ELVIRA BENAVIDES COTES.
EXECUTIVE BRANCH OF PUBLIC POWER
PRESIDENCY OF THE REPUBLIC
Bogotá, D.E., September 18, 1990
Approved. Submit to the consideration of the honorable National Congress for the constitutional effects,
(Fdo.) CESAR GAVIRIA TRUJILLO
The Foreign Minister,
(Fdo.) LUIS FERNANDO JARAMILLO CORREA.
ARTICLE 1o. Approve the Convention between the Republic of Colombia and the Republic of Peru for the protection, conservation and recovery of archaeological, historical and cultural assets, made in Bogota on 24 June. May 1989.
ARTICLE 2o. In accordance with the provisions of Article 1o. of Law 7a. 1944 the Convention between the Republic of Colombia and the Republic of Peru for the Protection, Conservation and Recovery of Archaeological, Historical and Cultural Property, made in Bogotá on 24 May 1989, as provided for in Article 1o. of this Act is approved, will force the country from the date the international link is perfected.
ARTICLE 3o. This Law governs from the date of its publication.
Dada en Bogotá, D.E., a los ...
The President of the Senate of the Republic,
JOSE BLACKBURN CUTS
The Secretary General of the Senate of the Republic,
PEDRO PUMAREJO VEGA.
The Speaker of the House of Representatives,
CESAR PEREZ GARCIA
The Secretary General of the House of Representatives,
SILVERIO SALCEDO MOSQUERA.
Republic of Colombia-National Government.
Publish and execute.
Dada en Santafe de Bogota, D.C., 7 October 1992.
CESAR GAVIRIA TRUJILLO
The Foreign Minister,
NOEMI SANIN DE RUBIO.
The Minister of National Education,
CARLOS HOLMES TRUJILLO GARCIA.