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Law implementing the Convention of 14 May 1954 on the protection of cultural property in the event of armed conflict

Original Language Title: Gesetz zur Ausführung der Konvention vom 14. Mai 1954 zum Schutz von Kulturgut bei bewaffneten Konflikten

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Law implementing the Convention of 14 May 1954 on the protection of cultural property in the event of armed conflict

Unofficial table of contents

KultgSchKonvAG

Date of completion: 18.05.2007

Full quote:

" Law implementing the Convention of 14 May 1954 on the Protection of Cultural Heritage in the Event of Armed Conflict of 18 May 2007 (BGBl. I p. 757, 762, 2547) "

Footnote

(+ + + Text proof: 24.5.2007 + + +) 

The G was issued by the Bundestag as Article 4 of the G v. 18.5.2007 I 757 (2547). It's gem. Article 5 (1) of this Act entered into force on 24 May 2007. Unofficial table of contents

§ 1 Return obligation

(1) Cultural property within the meaning of Article 1 of the Convention for the Protection of Cultural Heritage in the Event of Armed Conflict of 14 May 1954 (BGBl. 1233), from an occupied territory of a Contracting State, shall be returned to the competent authorities of the former occupied territory after the cessation of hostilities, if:
1.
it was transferred from the territory of that State to the territory of the Federal Republic of Germany after 11 November 1967 during an armed conflict; and
2.
the authorities of the State Party request the Federal Foreign Office on the diplomatic route for return.
(2) Deponated cultural goods within the meaning of Section II (5) of the Protocol to the Convention of 14 May 1954 (BGBl. 1233, 1300) shall be returned after the cessation of hostilities without the further requirements of paragraph 1 having to be fulfilled. (3) The costs of the return shall be borne by the requesting State. (4) The person who is responsible for himself or for himself or for himself (a) another person who exercises the actual state of the art of the cultural property (return debtor) is only obliged to return a train against an adequate compensation. A compensation obligation shall not be required if the requesting State proves that the person who has been granted the right to return to the goods is known or was not known as a result of gross negligence that the object has been transferred from an occupied territory or to (5) If the cultural property to be returned has been given, bequeathed or bequeathed to the return debtor, the duty of care of the Schenker or the deceased person shall be charged to him. Unofficial table of contents

§ 2 Prohibition of shipments and seizure

(1) Any movement of cultural property contrary to Section I (2) of the Protocol from an occupied territory of a State Party during an armed conflict in the territory of the Federal Republic shall be prohibited. This does not apply to cultural property which is to be deposited in the territory of the Federal Republic of Germany within the meaning of Section II (5) of the Protocol on protection against the dangers of armed conflict. (2) The movement of cultural property in accordance with paragraph 1 to the territory of the Federal Republic of Germany in the Federal Republic of Germany. (3) The Federal Ministry of Finance shall be authorized, in agreement with the Federal Government Commissioner for Culture and the Media, by means of a legal regulation without consent the procedure referred to in paragraph 2 shall be laid down by the Federal Council, and it may also be Obligations relating to advertising, notifications, information and to the performance of ancillary services, as well as to the payment of inspection in commercial documents and other documents and for the payment of customs certification and of the withdrawal of free samples and samples. (4) In the context of customs surveillance, where there are doubts as to whether the culture of an occupied territory of a Contracting State is concerned, the competent customs office may, at the expense of the person who is the subject of the subject matter, the subject-matter in question The Federal Republic of Germany or the Federal Republic of Germany shall have the right to spend or on their behalf (authorized persons) until In order to clarify the doubts, take into custody or commission a third party with the custody. In order to clarify the doubts, the customs office may submit a certificate from the person entitled to dispose of a certificate issued by the representative of the Federal Government for culture and the media, and in accordance with section 17 (4) of the German Cultural Goodness Act of 18. May 2007 (BGBl. 757) shall require an independent expert body or person to request that the subject-matter is not a cultural property from an occupied territory of a Contracting State. (5) Cultural property which, contrary to the prohibition contained in paragraph 1, is directly a third country is transferred to the territory of the Federal Republic of Germany and is subject to the seizure by the competent customs authorities. The seizure is to be reported immediately to the Federal Foreign Office and to the Federal Government Commissioner for Culture and the Media. (6) The Federal Foreign Office shall immediately inform the authorities of the Contracting State of the seizure. (7) Seized items shall be returned to the right of disposal at the end of hostilities if the State Party has declared a return request not to make a request. The return to the right of disposal shall also be effected if the Contracting State does not express itself within one year. The costs of storage after seizure shall be borne by the person entitled to dispose of the goods. The question and decision on the return is made by the Federal Foreign Office in agreement with the Federal Government Commissioner for Culture and the Media, who shall inform the competent customs office of the decision. (8) The occupied territories of the States Parties shall be announced by the Federal Foreign Office in the Federal Gazette. Unofficial table of contents

§ 3 Implementation of the return and security

(1) The measures necessary for the identification of the cultural good, its protection and its return shall fall within the competence of the Länder. The tasks relating to the repatriation shall be carried out by the central offices designated there in the appropriate application of § 12 of the German Cultural Goods Return Act. (2) The items to be returned pursuant to § 1 shall not be have already been confiscated in accordance with Section 2 (5), shall be ensured in accordance with the provisions of national law, provided that there is reason to fear that their return to the requesting State shall be prevented or that they will suffer damage. The costs of ensuring the security shall be borne by the requesting State. (3) The Federal Foreign Office and the Federal Government Commissioner for Culture and the Media shall be immediately notified of the freezing order. (4) The Länder shall also be responsible for the necessary measures to ensure the necessary Measures for the reception, custody and return of cultural property deposited in accordance with Section II (5) of the Protocol. The tasks related to this are carried out in the appropriate application of § § 8 and 12 of the German Cultural Goodness Rights Act.