Regulations on the return of stolen and illegally exported cultural objects


Date FOR-2001-10-04-1179


Ministry of Culture Ministry


Published in 2001 Booklet 13


Effective 04.10.2001, 01.03.2002

Edited
FOR 2016-06-30-854

Changes
FOR 1997-02-28-236

For
Norway

Legal
LOV-1978-06-09-50-§23f

Promulgated
19/10/2001

Short Title
regulat on the return of cultural objects

Adopted by the Ministry of Culture on 4 October 2001 pursuant to the Law of 9 June 1978 No.. 50 on Cultural § 23f.
EEA information: EEA Agreement, Annex II, Chapter XXVIII no. 1 (Directive 93/7 / EEC as amended by Directive 96/100 / EC and Directive 2001/38 / EC).
Changes: Amended by regulations March 1, 2002 no. 229 (effective), May 14, 2002 No.. 467, January 10, 2007 no. 39, June 30, 2016 no. 854.

§ 1. In these regulations and the Cultural Heritage Act § 23a to § 23f following definitions apply:
a)
artifact,

-
An object before or after being illegally removed from the territory of a State, are classified and defined as "national treasure of archaeological, prehistoric, historic, literary, artistic or scientific value" in accordance with national law or national administrative procedures, in accordance with Article 36 of the TFEU, or

-
Which is an integral part of the church or other religious institutions inventories, or

-
Public collections listed in the catalogs of museums, archives and magazines in libraries. A public collection is meant collections owned by a state included in the European Economic Area (EEA), which is a party to the UNIDROIT Convention of 24 June 1995 no. 1 or the UNESCO Convention of 1970 on the Means of Prohibiting and Preventing the Illicit import and export of cultural property and the transfer of ownership of cultural property (hereinafter referred to as the UNESCO Convention of 1970), of a local or regional authority of such State or an institution of such a territory defined as public in accordance with the law of that State provided that this institution owned or significantly financed by that state or by a local or regional authority. In states outside the European Economic Area, but which are parties to the UNIDROIT Convention of 24 June 1995 no. 1, the public collection also cover collections owned by an institution that is established for an essentially cultural, educational or scientific purpose as in that State as serving the public interest,

B)
unlawfully removed from the territory of a State that are part of the European Economic Area (EEA), which is a party to the UNIDROIT Convention of 24 June 1995 no. 1 or the UNESCO Convention of 1970 is | ||
-
Any export from a territory contrary to its law regulating the definition and protection of cultural objects or categories artifacts,

-
Any missing return upon expiry of the deadline for an interim legal exportation, or any violation of any of the other requirements of this temporary exportation,

-
Any cultural object stolen from a state that is party to the UNIDROIT Convention of 24 June 1995 no. 1,

-
Objects that are not accompanied by a valid certificate, which under national law is required, where it granted permission for that particular cultural object exported.

C)
the requesting State

-
The State from whose territory the cultural object has been unlawfully removed,

D)
the State,

-
The State in whose territory the cultural object has been unlawfully removed from the territory of another State, are,

E)
possesses

-
The person cultural object in his possession at his own expense,

F)
holder,

-
The person cultural object in his possession for someone else's expense.

§ 2. "National Cultural Treasures" is defined objects covered by the export ban and that are subject to application upon exportation from Norwegian territory by regulations concerning export and import of cultural objects § 2. The artifacts included in the first paragraph are covered by these regulations if they is more than 50 years old and do not belong to their authors.
In a state outside the European Economic Area which is a party to the UNIDROIT Convention of 24 June 1995, covered the artifacts created by members of a tribal or indigenous community for traditional or ritual use, and which will be returned to this community , despite that the object occurring within 50 years after manufacture.

§ 3. The Ministry of Culture shall:
a)

At the request of the requesting State in tracing a particular cultural object unlawfully removed, and identifying the possessor and / or holder

B)
notify the States concerned if the artifacts found on Norwegian territory and there are reasonable grounds to believe that the mentioned objects unlawfully removed from the territory of another State, and receive corresponding notification,

C)
enable the competent authorities of the requesting State to check whether the current object is a cultural object, and be such authority in Norway,

D)
take the necessary measures to ensure the physical preservation of the cultural object in cooperation with the State concerned,

E)
search to prevent cultural object evade the procedure for relinquishment, by hitting the necessary provisional measures, including temporary injunction, although restitution claims or request for return of the object is brought before the courts or other competent authorities in a other State

F)
act as intermediary between the possessor and / or holder and the requesting State in connection with the redelivery,

G)
inform the competent authority of the State in which the Norwegian state has filed suit to ensure the return of a cultural object, and receive corresponding notification,

H)
inform the competent authorities in other states that it is instituted proceedings in Norway and receive corresponding notification,

I)
otherwise cooperate with and promote consultation between the competent authorities of other states,

J)
EEA States central authorities employ in their mutual cooperation and consultation administrative communications system for the internal market ( "IMI") - a module that is specifically tailored to the artifacts. IMI can be used to convey relevant information about specific cases concerning cultural objects stolen or illegally removed from a Member State area. The Ministry of Culture appoints the specialized authorities that will use IMI system.

Control pursuant to subsection c shall be completed within six months after the notification referred to in subparagraph b, is received. If control is not made within the prescribed period, getting the letters d and e do not apply.
Information exchange through IMI shall be in accordance with the applicable provisions on data protection and privacy.

§ 4. The parties may agree to submit the dispute to another court or other competent authority or to arbitration.

§ 5. The requesting State will bear the costs associated with the measures referred to in § 3 subsection d.

§ 6. These regulations come into force immediately for the regulations governing States in the European Economic Area (EEA), while the Regulations of 28 February 1997 no. 236 on the return of cultural objects unlawfully removed from the territory a state included in the European economic area (EEA) and which are located in Norway. The provisions relating to States Parties in Unidroit Convention enters into force at the same time as the Convention enters into force for Norway.1