The law implementing the convention of 14. May 1954 on the protection of cultural property in the event of armed conflictUnofficial table of contents
Date of delivery: 18.05.2007
" Act to execute the convention of 14. May 1954 on the protection of cultural property in the event of armed conflict of 18 May 2007 (BGBl. I S. 757, 762, 2547) "
(+ + + Text evidence from: 24.5.2007 + + +)
The G was defined as Article 4 of the G v. 18.5.2007 I 757 (2547) adopted by the Bundestag. It's gem. Article 5 (1) of this Act entered into force on 24 May 2007. Non-official 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 Conflicts of 14. May 1954 (BGBl. 1233) from an occupied territory of a Contracting State, after the cessation of hostilities, shall be returned to the competent authorities of the territory of the former occupied territory, if
- it after the 11. 2)
- the authorities of the Contracting State, the authorities of the State of the State of the State of the State of the State of the State of the State of the State of the State of the Foreign Office on the diplomatic way to return.
(2) Deponated cultural property within the meaning of Section II (5) of the Protocol to the Convention of 14 June 2000. 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 exercises the actual domination of the cultural property for himself or for another person (return debtor) is obliged to return only by train against a reasonable compensation. An obligation to pay compensation shall not be required if the requesting State proves that the person who has been granted the right to cultural property is known or was not known as a result of gross negligence that the object has been transferred to or from an occupied territory. For protection purposes.(5) If the cultural property to be returned has been given, bequeathed or bequeathed to the return debtor, the duty of care of the donor or the deceased person shall be charged to him. Non-official table of contents
§ 2 Movement prohibition and seizure
(1) Any transfer of cultural property contrary to Section I No. 2 of the Protocol from an occupied territory of a Contracting State during an armed conflict in the Federal territory is prohibited. This does not apply to cultural property which is to be deposited within the meaning of Section II (5) of the Protocol for protection against the dangers of armed conflict in the Federal Republic of Germany.(2) The movement of cultural property referred to in paragraph 1 into the territory of the Federal Republic of Germany in the direct trade with third countries shall be subject to customs supervision.(3) The Federal Ministry of Finance is authorized, in agreement with the Federal Government Commissioner for Culture and the Media, to settle the details of the procedure referred to in paragraph 2 without the consent of the Federal Council. It may also fulfil obligations relating to advertisements, notifications, information and 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 free-of-charge payment of the Samples and samples shall be provided.(4) In the context of customs surveillance, where there are doubts as to whether they are cultural property of an occupied territory of a Contracting State, the competent customs office may, at the expense of the person who is the subject of the subject in the territory of the Federal Republic of Germany, be subject to the , or has the right to spend on their behalf (right of disposal) until such time as the doubts have been clarified, or if a third party is responsible for the safekeeping of the product. 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 is transferred directly from a third country to the territory of the Federal Republic of Germany against the prohibition in paragraph 1 shall be 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) After the end of hostilities, confiscated objects shall be returned to the right of disposal if the State Party has declared a question of a return request not to request a request. The return to the right of disposal shall also be effected if the State Party does not express its opinion within one year. The costs of storage after seizure shall be borne by the person entitled to dispose of the goods. The question of return and decision on the return shall be 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. Non-official table of contents
§ 3 Return and Safeguarding
(1) The cultural asset that is subject to return is determined by its Securing and returning the necessary measures falls within the competence of the countries. The tasks relating to the repatriation shall be carried out by the designated central offices in the appropriate application of Section 12 of the Cultural Goods Return Act.(2) The items to be returned in accordance with § 1, which have not already been confiscated pursuant to § 2 paragraph 5, shall be ensured in accordance with the provisions of the national law, provided that there is reason to fear that their return to the requesting State will be prevented. or that they will suffer damage. The cost of ensuring is 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) Countries shall also be responsible for the measures necessary to receive, conserve and return the 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.