MOTION FOR RESOLUTION No. 27 /X

The Convention on the Protection of the Underwater Cultural Heritage has been approved in the

XXXI Session of the General Conference of UNESCO, on November 2, 2001.

The Convention translates the codification effort of the consuetudinary law concerning the

underwater cultural heritage, not leaving to acaucise the international community

against phenomena that, in the present and in the near past have compromised

seriously the set of goods that international law protects, such as the

commercial exploitation, the side effects of other leverages of the funds

marine, technological innovations in identification and access to the finds.

Thus:

Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following motion for a resolution:

Article 1.

It is approved, for ratification, the Convention on the Protection of Cultural Heritage

Underwater approved in the XXXI Session of the General Conference of UNESCO that had

place in Paris on November 2, 2001, the text of which, in authenticated version in English

and their respective translation in Portuguese language, is published in annex.

Article 2.

At the time of the deposit of the instrument of ratification, Portugal shall declare that, by

Article 9 (2) of the Convention on the Protection of Cultural Heritage

Underwater, the manner in which the information provided for in point (s) will be transmitted b)

of paragraph 1 of the same article is the stipulation in its sub-paragraph ii) .

Seen and approved in Council of Ministers of November 17, 2005

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs

CONVENTION

ABOUT THE PROTECTION OF THE

UNDERWATER CULTURAL HERITAGE

UNESCO

Paris, November 2, 2001

The General Conference of the United Nations Educational, Scientific and Educational Organization

Culture, reunited in Paris from October 15 to November 3, 2001, at its thirtieth

first session,

Recognizing the importance of underwater cultural heritage while part

integral to the cultural heritage of mankind and particularly important element

in the history of peoples, nations and their mutual relations in what concerne to their

common heritage,

Aware of the importance of protecting and preserving underwater cultural heritage and that

such responsibility falls on all states,

Finding the growing interest and appreciation of the public for cultural heritage

underwater,

Convict of the importance of which research, information and education are taken for

the protection and preservation of underwater cultural heritage,

Convict of the right of the public to benefit from the educational and recreational advantages

arising from responsible and non-intrusive access to cultural heritage

underwater in situ and of the importance of public education for a greater

awareness, valorisation and protection of that heritage,

Consent that unauthorized interventions pose a threat to the

underwater cultural patrons and that it is necessary to take more stringent measures for

prevent such interventions,

Consent of the need to respond appropriately to the eventual negative impact

that certain legitimate activities cause, fortuitously, about cultural heritage

underwater,

Deeply concerned with the growing commercial exploitation of heritage

underwater cultural and, in particular, with certain activities that aim for the sale,

acquisition and exchange of elements of underwater cultural heritage,

Aware that technological advances facilitate the discovery of cultural heritage

underwater and the respective access,

Convinced that cooperation between states, international organizations, institutions

scientific, professional organizations, archaeologists, divers, other parties

interested and the public at large, is essential for the protection of cultural heritage

underwater,

Considering that prospecting, excavation and the protection of cultural heritage

underwater requires the provision of and recourse to specific scientific methods,

as well as the use of appropriate techniques and equipment and a high degree of

professional specialization, making it necessary to apply uniform criteria,

Consent of the need to codify and progressively develop relative rules

to the protection and preservation of underwater cultural heritage, in accordance with the

law and international practice, notably the UNESCO Convention on the

Measures to Adopt to Proinhibit and Imask Import, Export and Transfer

Unlawful of the Property of Cultural Goan, signed on November 14, 1970, the

UNESCO Convention on the Protection of World Heritage, Cultural and

Natural, signed on November 16, 1972 and the United Nations Convention on the

Law of the Sea, signed on December 10, 1982,

Committed in improving the effectiveness of measures of international, regional and

national with a view to preservation in situ of elements of cultural heritage

underwater or its caregiver recovery, if this is shown to be necessary, for purposes

scientific or protective,

Having decided , in its twentieth ninth session, that such a matter should be the subject of

an international convention,

Adopts the present Convention on this second day of November 2001.

Article 1º-Definitions

For the purposes of this Convention:

1. a) "Underwater cultural heritage" means all traces of the existence of the

man of cultural, historical or archaeological character, who find themselves partial or

totally, periodic or continuously, submerged there are at least 100 years,

particularly:

(i) Sites, structures, buildings, artefacts and human remains, as well as the

respective natural archaeological context;

(ii) Ships, aircraft and other vehicles, or part of them, the respective load or

other content, as well as the respective archaeological and natural context; and

(iii) Artefacts of prehistoric character.

b) The pipelines and cables placed on the sea bed will not be considered part

member of underwater cultural heritage.

c) The different installations of oil pipelines or cables placed on the sea bed and

still in use, will not be considered an integral part of cultural heritage

underwater.

2.a) "States Parties " means the states that have consented to stay obliged

by this Convention and in respect of which the present Convention is in

vigour.

b) This Convention applies mutatis mutandis to the territories

mentioned in paragraph 2 (b) of Article 26º that become Parties to the present

Convention in accordance with the requirements set out in that number which are

applicable; to that extent, the expression "States Parties" is extendable to such territories.

3. "UNESCO" means the United Nations Educational, Scientific and

the Culture.

4. "Director-General" means the Director-General of UNESCO.

5. "Area" means the sea bed, the marine funds and its subsoil beyond the limits

of the national jurisdiction.

6. "Intervention on underwater cultural heritage" means an activity

mainly directed towards underwater cultural heritage and which can,

directly or indirectly, materially impair or otherwise damage the

underwater cultural heritage.

7. "Intervention with potential incidence on underwater cultural heritage"

means any activity which, by not having the underwater cultural heritage as

your main or partial objective, could materially impair or damage from

other mode the underwater cultural heritage.

8. "Ships and State aircraft" means the ships of war and other ships or

aircraft belonging to a State or by it operated and used, at the time of its

sinking, exclusively for non-commercial public purposes, which if they find themselves

properly identified as such and are included in the definition of heritage

underwater cultural.

9. "Rules" means the Rules relating to interventions on cultural heritage

underwater, as set out in Article 33º of this Convention.

Article 2º-Objectives and general principles

1. This Convention aims to ensure and strengthen the protection of cultural heritage

underwater.

2. States Parties shall cooperate with each other in regard to the protection of heritage

underwater cultural.

3. States Parties shall preserve underwater cultural heritage for the benefit of the

humanity, in accordance with the provisions of this Convention.

4. The States Parties shall adopt, individually or, where appropriate, jointly,

all appropriate measures, in accordance with this Convention and with the

international law, necessary to protect underwater cultural heritage

using , to that effect , the most appropriate means available to them and to be

in accordance with their capacities.

5. The preservation in situ of cultural heritage will be considered a priority option before

of being authorised or initiated any intervention on heritage.

6. The elements of the recovered subquatic cultural heritage will be deposited,

conserved and managed in such a way as to ensure its long-term preservation.

7. Underwater cultural heritage will not be the subject of commercial exploitation.

8. In accordance with the practice of States and international law, including the Convention

of the United Nations on the Law of the Sea, nothing in this Convention will be

interpreted as modifying the rules of international law and the practice of the

States concerning the immunities or any rights of a State on your own

ships and aircraft.

9. States Parties ensure that all human remains submerged in waters

maritime will be treated with due respect.

10. The responsible and non-intrusive access of the public to the underwater cultural heritage

in situ for purposes of observation and documentation should be encouraged, so as to

promote both public awareness of that heritage, and valorisation and

the protection of this, except if such access is shown to be incompatible with the protection and the

management of said heritage.

11. No activity or act carried out on the basis of this Convention shall constitute

foundation to make it worth, sustain or contest any pretension of sovereignty

or national jurisdiction.

Article 3º-Relation between this Convention and the

United Nations Convention on the Law of the Sea

Nothing in this Convention shall affect the rights, jurisdiction and duties of States

arising from international law, including the United Nations Convention on the

Right of the Sea. This Convention shall be interpreted and applied in the context and in

compliance with international law, including the United Nations Convention

about the Law of the Sea.

Article 4º-Relation to the laws of the salvages and the finds

No activity regarding the underwater cultural heritage to which the

this Convention will be submitted to laws in respect of salvaged or achived, the

less than:

a) Be authorized by the competent authorities,

b) Be in full compliance with this Convention, and

c) Garanta the maximum protection of underwater cultural heritage during

any recovery operation.

Article 5º-Activities with potential incidence on cultural heritage

underwater

Each State Party shall use the most appropriate means available to it to prevent or

mitigate any adverse effect that may result from activities brought to effect under the

its jurisdiction likely to affect, in a fortuitous manner, the cultural heritage

underwater.

Article 6º-bilaterial and regional agreements or other multilateral agreements

1. States Parties are encouraged to conclude bilateral and regional agreements, or others

multilateral agreements, or to deepen the existing agreements for the purposes of

preservation of underwater cultural heritage. All these agreements should be

in full compliance with this Convention, not by withdrawing the character

universal. States may, within the framework of such agreements, adopt rules and

regulations that guarantee better protection of the underwater cultural heritage of the

that those provided for in this Convention.

2. The Parties to the said bilateral, regional or other multilateral agreements

may invite States with legitimate interest, especially of a nature

cultural, historical or archaeological, in the underwater cultural heritage in question a

adhere to such agreements.

3. This Convention does not change the rights and obligations of States Parties

on the protection of sunken ships, arising from bilateral agreements,

regional or other multilateral agreements concluded prior to the adoption of the present

Convention, if it shows itself in accordance with the objectives of this Convention.

Article 7º-Underwater Cultural Heritage in inland and archipelagic waters and

in the territorial sea

1. In the exercise of its sovereignty, States Parties shall enjoy the exclusive right of

regulate and authorize interventions on the underwater cultural heritage in the

its inland and archipelagic waters and in its territorial sea.

2. Without prejudice to other international agreements and rules of international law

applicable to underwater cultural heritage, States Parties shall respect a

Application of the Rules in interventions on underwater cultural heritage that if

find in its inland and archipelagic waters and in its territorial sea.

3. In the exercise of its sovereignty and in accordance with the general practice observed between

States, the States Parties, with a view to cooperating towards the adoption of the

better methods of protection of ships and state aircraft, should

inform the flag State Party Part in this Convention and, being the case, the

other states with legitimate interest, especially of a cultural, historical nature

or archaeological, if the discovery of such vessels or areonbirds in its waters occurs

archipelagic or in its territorial sea.

Article 8º-Underwater cultural heritage in the contiguous area

Without prejudice and in addition to Articles 9º and 10º, and in accordance with paragraph 2 of the

Article 303º of the United Nations Convention on the Law of the Sea, the States Parties

will be able regulate and authorize interventions on underwater cultural heritage

in its contiguous zone, as long as they make respect to the application of the Rules.

Article 9º-Declaration and notification in the exclusive economic zone and on the platform

continental

1. Compete to States Parties protect underwater cultural heritage in the area

exclusive economic and on the continental shelf, in accordance with the present

Convention.

Consequently:

a) Whenever a national or a ship flying its flag discovers or

intend to intervene on the underwater cultural heritage situated in its area

exclusive economic or on its continental shelf, the State Party shall

demand that the said national or the ship's commander declare him such a discovery

or intervention;

b) In the exclusive economic zone or on the continental shelf of another State Party:

(i) States Parties shall require that the national or the master of the ship

declare such discovery or intervention as well as that of that other State Party;

(ii) In the alternative, the State Party shall require the national or the commander of the

ship that such discovery or intervention will be declared to you and will ensure

quick and effective transmission of that statement to all other States

Parts.

2. When depositing the respective instruments of ratification, acceptance, approval or

accession, States Parties shall specify the manner in which they shall be transmitted the

information provided for in paragraph 1 (b) of this Article.

3. States Parties shall notify the Director-General of any finding or

intervention to be communicated to them under the provisions of paragraph 1 of the present

article.

4. The Director-General shall provide promptly to all States Parties any

information that is notified to you under the provisions of paragraph 3 of this Article.

5. Any State Party shall be able to declare to the State Party in whose economic zone

exclusive or continental shelf the underwater heritage is situated its

interest in being consulted on how to ensure the effective protection of that

underwater cultural heritage. Such statement should be on the basis of an interest

legitimate, especially of a cultural, historical or archaeological nature, in the

underwater cultural heritage in question.

Article 10º-Protection of underwater cultural heritage in the economic zone

exclusive and on the continental shelf

1. Any permission for an intervention on underwater cultural heritage

situated in the exclusive economic zone or on the continental shelf can only be

issued in accordance with this article.

2. Any State Party in whose exclusive economic zone or continental shelf

is situated the underwater cultural heritage has the right to interdictate or

authorize any intervention on the heritage in question in order to prevent

any interference in your sovereign rights or in your jurisdiction in

compliance with international law, including the United Nations Convention

about the Law of the Sea.

3. Whenever a discovery of underwater cultural heritage occurs or there is

intention to carry out an intervention on the underwater cultural heritage in the

exclusive economic zone or on the continental shelf of a State Party, that

State should:

a) Advise all other States Parties that have declared their interest in the

terms of Article 9º (5) on the best way to protect cultural heritage

underwater;

b) To coordinate such consultations in the quality of "coordinating state", unless

declare expressly does not wish to assume this function, in which case the States

Parties who have declared themselves interested n the terms of paragraph 5 of Article 9º

will designate a coordinating state.

4. Without prejudice to the duty of all States Parties to protect the heritage

underwater cultural by the adoption of all measures considered

opportune in accordance with international law that aim to obstate the

any immediate danger to the underwater cultural heritage, namely

pillaging, the coordinating state will be able to take all appropriate measures

and / or issue all necessary authorizations in accordance with the present

Convention, before even any consultation, if any, in order to obster

to any immediate danger to the underwater cultural heritage resulting from

human activities or other cause, namely pillaging. When the

adoption of such measures, the support of other States Parties may be requested.

5. The coordinating State:

a) shall implement the protective measures that have been agreed upon between the

States consulted, including the coordinating state, unless the states

queried , including the coordinating State, the acorders in which these measures

are implemented by another State Party;

b) You will issue all the permits that show necessary for the

measures agreed to in accordance with the Rules, save if the States

consulted, including the coordinating State, agree that such permits

are issued by another State Party;

c) You can conduct any preliminary research on cultural heritage

underwater and issue all authorizations which, in consequence, if show

required, promptly transmitting the results of such research to the Director-

General, which, in turn, will readily provide such information to others

States Parties.

6. When coordinating consultations, take action, conduct preliminary research and / or issue

authorizations in accordance with this article, the coordinating state will be acting on

name of States Parties as a whole and not in their own interest. None

of these actions may, in and of themselves, constitute grounds for the claim to

any preferential or jurisdictional rights not provided for in law

international, including the United Nations Convention on the Law of the Sea.

7. Subject to the provisions of the n. the

2 and 4 of this article, no intervention on

ships or aircraft of State shall be carried out without the agreement of the flag State or

the collaboration of the Coordinating State.

Article 11º-Declaration and Notification in the Area

1. States Parties have a responsibility to protect cultural heritage

underwater in the Area, in accordance with this Convention and Article 149º

of the United Nations Convention on the Law of the Sea. Consequently,

whenever a national or a ship flying the pavilion of a State Party

discover or intend to carry out an intervention on cultural heritage

underwater situated in the Area, that State Party shall require that its national or the

commander of the vessel declare him the discovery or the intended intervention.

2. States Parties shall notify the Director-General and the Secretary General of the Authority

International from the Marinhos Funds of the findings or interventions on the

underwater cultural heritage that have been declared to you.

3. The Director-General shall provide promptly to all States Parties any

information that is notified to you.

4. Any State Party shall be able to communicate to the Director General its interest in being

consulted on how to ensure the effective protection of cultural heritage

underwater. Such a statement should have on the grounds of a legitimate interest in the

underwater cultural heritage in question, deserving particular consideration of the

preferential rights of states of cultural, historical or archaeological origin.

Article 12º-Protection of underwater cultural heritage

1. Any permission for an intervention on underwater cultural heritage

situated in the Area can only be issued in accordance with this article.

2. The Director-General shall invite all States Parties which have expressed their

interest pursuant to Article 11º (4) to proceed to mutual consultations on the

better way to protect underwater cultural heritage and to designate a

State Party to coordinate such consultations in the quality of "coordinating state". The

Managing Director will also invite the International Fund Authority

Marine to participate in these consultations.

3. All States Parties shall be able to take the appropriate measures in place at

compliance with this Convention, if necessary prior to any consultation,

to prevent any immediate danger to underwater cultural heritage

arising from human activities or from any other cause, including pilings.

4. The coordinating State shall:

a) Implement protective measures that have been agreed upon by the States

consulted, including the coordinating state, except if the States consulted ,

including the coordinating State, agree that it should be another State Party

to implement such measures;

(b) to issue all the necessary authorisations in respect of the measures thus

agreed to in accordance with this Convention, save if the States

consulted, including the coordinating state, agree that it should be another

State Party to issue such authorizations.

5. The coordinating state will be able to carry out any preliminary research that understands

necessary on the underwater cultural heritage and issue the authorizations

competent, promptly transmitting the results to the Director-General, which by

your turn, you will provide this information to the remaining states.

6. When coordinating consultations, take action, proceed to preliminary research and / or

issue authorisations in accordance with this article, the coordinating State

will be acting for the benefit of humanity, on behalf of all States Parties. Will be

accorded special attention paid to the preferential rights of States of cultural origin,

historical or archaeological in respect of underwater cultural heritage in

question.

7. No State Party shall undertake or authorize interventions on ships or

aircraft of State in the Area without the consent of the flag State.

Article 13º-Immunities

The warships and other ships of state or military aircraft with immunity from

jurisdiction who operate with non-commercial purposes, in the normal course of their operations and

not being involved in interventions on underwater cultural heritage, not

will be required to declare findings of underwater cultural heritage on the terms

of Articles 9º, 10º, 11º and 12º of this Convention. However, the States Parties

will provide in the sense that their warships or other ships of state

or its military aircraft with immunity from jurisdiction operating with no means

commercials observe, as far as possible and reasonable, the provisions of Articles 9º, 10º,

11º and 12º of this Convention, through the adoption of appropriate measures that do not

to prejudice the operations or operational capability of such ships or aircraft.

Article 14º-Control of entry into the territory, trade and possession

The States Parties shall take measures to prevent entry to their respective

territories, trade and possession of exportation underwater cultural heritage

illicitly and / or recovered, whenever such recovery violates the provisions of the

this Convention.

Article 15º-Non-use of areas under the jurisdiction of States Parties

The States Parties shall take measures with a view to prohibiting the use of their territory,

including seaports and man-made islands, installations or structures under its

exclusive control or jurisdiction, for support of interventions on cultural heritage

underwater non-conforming to this Convention.

Article 16º-Measures relating to nationals and vessels

The States Parties shall take all appropriate measures to ensure that their

national and the vessels that fly its flag will not proceed any

interventions on underwater cultural heritage that are in breach of this Convention.

Article 17º-Santions

1. Each State Party shall impose sanctions for the violation of the measures per se taken with

a view to the implementation of this Convention.

2. The sanctions applied for any violation should be sufficiently severe by

how to ensure the observance of this Convention and to discourage the practice of

offences, wherever they occur, and should deprive the offenders of the product

of their illegal activities.

3. States Parties shall cooperate with each other in order to ensure the implementation of the sanctions

provided for in this Article.

Article 18º-Seizure and treatment of elements of cultural heritage

underwater

1. Each State Party shall take measures aimed at the seizure, in its territory, of

elements of the underwater cultural heritage that have been recovered with

violation of this Convention.

2. The State Party Party which has proceeded to the seizure of elements of the cultural heritage

underwater in application of this Convention, shall carry out the respective registration and

protection and will take all appropriate measures to ensure the stabilization of that

heritage.

3. Each State Party shall notify the Director-General and any other State with a

legitimate interest , especially of a cultural, historical or archaeological nature, in the

underwater cultural heritage in question, of any seizure of elements

of the underwater cultural heritage to which it has proceeded under the present

Convention.

4. The State Party which has proceeded to the seizure of elements of cultural heritage

archaeological will zelde for its provision for the benefit of the public, having in

consideration of preservation and research needs, the need for

reconstitute a scattered collection, the need for public access, of

exposure and education, as well as the interests of any state with an interest

legitimate, especially of a cultural, historical or archaeological nature, in the

underwater cultural heritage in question.

Article 19º-Cooperation and exchange of information

1. States Parties shall cooperate with each other and shall carry out mutual consultations with a view to the

protection and management of underwater cultural heritage in the terms of the present

Convention, including, if possible, the collaboration in the research, in the excavation, in the

documentation, preservation, study and valorisation of that heritage.

2. To the extent that the objectives of this Convention permit it, each State

Part shall exchange, with other States Parties, of the information available to

on the underwater cultural heritage, namely the one that relates to the

discovery and the location of heritage, with the excavation or recovery of

heritage in violation of this Convention or other provisions of law

international, with the appropriate methodology and scientific technology and with the

evolution of the right applicable to such heritage.

3. The information exchanged between the States Parties, or between UNESCO and the States

Parties, relating to the discovery or location of elements of cultural heritage

underwater should be kept confidential and reserved to competent entities

of the States Parties, in accordance with their respective internal rights, while

the disclosure of such information would make it dangerous or jeopardize the preservation of the

elements of the underwater cultural heritage in question.

4. Each State Party shall take all measures it considers timely, including, if

possible, the use of appropriate international databases, to disclose

information on the elements of underwater cultural heritage excavated or

recovered in violation of this Convention or international law.

Article 20º-Awareness of the public

Each State Party shall take all measures that it considers timely with a view to

sensitize the public to the value and significance of underwater cultural heritage and

for the importance of its protection under the terms of this Convention.

Article 21º-Training in underwater archaeology

The States Parties shall cooperate with each other in order to provide training in

underwater archaeology and in techniques for preservation of cultural heritage

underwater, and to proceed, on the agreed terms, to the transfer of technology

related to underwater cultural heritage.

Article 22º-competent services

1. With a view to ensuring the proper implementation of this Convention, the States

Parties will create competent services or strengthen existing ones, if any,

with the aim of creating, maintaining and updating an inventory of cultural heritage

underwater, effectively guarantee the protection, preservation, valorisation and

management of such heritage, as well as relevant scientific research and teaching.

2. States Parties shall communicate to the Director General the name and address of the services

competent in the field of underwater cultural heritage.

Article 23º-Conference of States Parties

1. The Director-General shall convene a Conference of States Parties within a term of a

year after the entry into force of this Convention and subsequently at least

once every two years. At the request of the majority of States Parties, the Director-

General will convene an Extraordinary Conference of States Parties.

2. The Conference of States Parties shall define their duties and responsibilities.

3. The Conference of States Parties shall adopt its own Rules of Procedure.

4. The Conference of States Parties shall be able to establish a Scientific Advisory Board and

Technician composed of experts appointed by the States Parties respecting the

principles of equitable geographical distribution and a desirable balance

between sexes.

5. The Scientific and Technical Advisory Board will give the support required to the Conference

of the States Parties in matters of a scientific or technical nature concerning the

implementation of the Rules.

Article 24º-Secretariat of this Convention

1. The Secretariat of this Convention shall be ensured by the Director-General.

2. The Secretariat shall have the following functions:

a) Organize the Conferences of the States Parties as provided for in nº.1 of the

article 23º;

b) Supporting the States Parties in the implementation of the decisions taken by the Conferences

of the States Parties.

Article 25º-Peaceful Resolution of disputes

1. Any dispute between two or more States relating to interpretation or application

of this Convention shall be the subject of negotiations made in good faith or

upon any other peaceful means of resolution of the choice of States

actors.

2. If the dispute is not resolved through negotiations in a reasonable period of

time, it could be submitted to UNESCO for the purpose of mediation, by agreement between

the intervening States.

3. If there is no place the mediation or it is not possible to obtain the resolution by mediation,

the provisions relating to the settlement of disputes set out in Part XV of the

United Nations Convention on the Law of the Sea will be applicable

mutatis mutandis to any dispute between States Parties to this Convention concerning

to the interpretation or application of this, undue to whether or not they are Parties to the

United Nations Convention on the Law of the Sea.

4. Any procedure chosen by a State Party in this Convention and in the

United Nations Convention on the Law of the Sea in accordance with the

Article 287º of this, will be applied to the settlement of disputes pursuant to the present

article, unless such State Party, at the time of its ratification, acceptance, approval or

acceding to this Convention, or at any time later, choose any

another procedure in accordance with Article 287º (1) of the Convention of the

United Nations on the Law of the Sea for the purposes of settlement of disputes

resulting from the application of this Convention.

5. Upon ratification, acceptance, approval or accession to this Convention, or

at any subsequent time, any State Party to this Convention which

is not a party to the United Nations Convention on the Law of the Sea may

choose, through written statement, one or several of the means set out in paragraph 1

of Article 287º of the United Nations Convention on the Law of the Sea with the

purpose of resolving disputes under the terms of this article. Article 287º will be

applicable to such a statement, as well as to any dispute in which such a State is

part and that it is not covered by a declaration in force. For the purpose of

conciliation and arbitration, in accordance with Annexes V and VII to the Convention of the

United Nations on the Law of the Sea, such a State will be able to appoint conciliators and

referees to be included in the lists referred to in Article 2º of Annex V and in Article 2º

of Annex VII for the purposes of settling disputes resulting from the application of the

this Convention.

Article 26º-Ratification, acceptance, approval and accession

1. This Convention shall be subject to the ratification, acceptance and approval of the States

Members of UNESCO.

2. This Convention shall be subject to accession:

a) of those States that are not members of UNESCO but are members of the

Organization of the United Nations or a specialized institution of the system

of the United Nations Organization or the International Energy Agency

Atomic, as well as of States Parties to the Statute of the Criminal Court

International, and of any other State invited to join the present

Convention by the General Conference of UNESCO;

b) of the territories that enjoy complete internal autonomy, recognized as such by the

Organization of the United Nations, but which did not accept full independence

in accordance with resolution 1514 (XV) of the General Assembly and that

have competence with respect to the subjects treated by the present

Convention, including the competence to conclude treaties on such matters.

3. Instruments of ratification, acceptance, approval or accession shall be deposited

to the Director-General.

Article 27º-Entry into force

This Convention shall enter into force three months after the date of deposit of the twentieth

instrument as provided for in article 26º, but only in what concerne the twenty

States or territories that, in that way, have deposited their instruments.

In respect of any other State or territory, the Convention will enter into force three

months after the date on which that State deposited the respective instrument.

Article 28º-Declaration on inland waters

By ratifying, accepting, approving or acceding to this Convention, or at any time

later, any State or territory may declare that the Rules will apply to the

its inland waters of a non-maritime nature.

Article 29º-Limitation of geographical scope

At the time of ratification, acceptance, approval or accession to this Convention, a

State or territory may, declare to the depositary that this Convention shall not be

applicable to certain parts of its territory, to its inland waters, to its waters

archipelagic or to its territorial sea, explaining the reasons for such a statement. Such

State should, if and as soon as possible, bring together the necessary conditions for the application of the

this Convention to the areas specified in its declaration, and shall withdraw its

declaration, in whole or in part, as soon as the said conditions are met.

Article 30º-Reserves

Excepting the provisions of Article 29º, no reservation can be made

in respect of this Convention.

Article 31º-Emendas

1. Any State Party may, by means of written communication addressed to the Director-

general, to propose amendments to this Convention. The Director General shall transmit that

communication to all other States Parties. If, within six months of counting

of the date of the transmission of the communication , at least half of the states respond

favorably, the Director-General will submit such a proposal to the next Conference of the

States Parties for discussion and possible adoption.

2. The amendments shall be adopted by a two-thirds majority of the States Parties

present and voting.

3. Once adopted, the amendments to this Convention shall be the subject of ratification,

acceptance, approval or accession by the States Parties.

4. Only in relation to States Parties that have ratified them, accepted, approved,

or to them have acceded, the amendments will enter into force three months after the deposit

of the instruments referred to in paragraph 3 of this Article by two thirds of the

Parts. Subsequently, in relation to each State or territory that ratifies,

accept or approve any amendment, or to it adira, such an amendment will enter into force three

months after the deposit, by that Party, of its instrument of ratification, acceptance,

approval or accession.

5. Any State or territory that becomes Party to this Convention after the

entry into force of amendments made in accordance with paragraph 4 of this Article,

and that it does not manifest a different intention, will be considered:

(a) Party to this Convention, as amended;

(b) Party to this Convention not amended in respect of States Parties which

are not bound by such an amendment.

Article 32º-Denpronunciation

1. Any State Party may, upon written notification addressed to the Director-

General, denouncing the present Convention.

2. The denunciation shall take effect twelve months after the date of receipt of the notification, the

less than in it if you specify a later date.

3. The complaint shall not affect, in any form, the duty of any State Party

to comply with all obligations provided for in this Convention to which it would be subject

by international law independently of this Convention.

Article 33º-The Rules

The Rules annexed shall form an integral part of this Convention and, unless otherwise provided

express to the contrary, the reference to this Convention covers the Rules.

Article 34º-Register with the United Nations Organization

In accordance with Article 102º of the Charter of the United Nations, this Convention

will be registered in the Secretariat of the United Nations Organization.

Article 35º-Texts making faith

This Convention has been drawn up in Arabic, Chinese, English, French, Russian and Spanish,

making the six texts equally authentic.

ANNEX

RULES RELATING TO

INTERVENTIONS ON THE

UNDERWATER CULTURAL HERITAGE

I-General principles

Rule 1. The preservation in situ , as a form of preservation of cultural heritage

underwater, it should be considered a priority option.

Consequently, interventions on underwater cultural heritage

should only be authorised if the procedure is compatible with the

protection of that heritage and may only be authorised if, subject to such

requirement, contribute equally, in a significant way, to the protection,

the knowledge or enhancement of that heritage.

Rule 2 . The commercial exploitation of underwater cultural heritage for the purposes of

transaction or speculation, or its irreversible dispersion, is incompatible

with their protection and appropriate management. The elements of heritage

underwater cultural should not be traded, bought or exchanged

as if they were goods of a commercial nature.

This Rule shall not be construed as prohibiting:

a) The provision of professional archaeology services or services

related necessary, the nature and end of which are in full compliance

with this Convention, subject to the authorization of the services

competent;

b) The deposit of elements of the underwater cultural heritage recovered

in the framework of a research project in accordance with the

this Convention, provided that such a deposit is not contrary to the

scientific or cultural interest or to the integrity of the recovered material

nor does it result in your irreversible dispersion, be complies with the Rules

33 and 34 and be subject to authorisation by the relevant departments.

Rule 3. Interventions on underwater cultural heritage should not affect them-

lo negatively more than necessary for the achievement of the objectives

of the project.

Rule 4. Interventions on underwater cultural heritage should resort to

methods and techniques of non-destructive prospecting, and should give

preference to the recovery of objects. Whether excavation or recovery if

disclose necessary for the scientific study or for definitive protection

of underwater cultural heritage, techniques and methods to be used must

be as less destructive as possible and contribute to the preservation of the

vestiges.

Rule 5 . interventions on underwater cultural heritage should not

disrupt unnecessarily the human remains or venerated sites.

Rule 6 . interventions on underwater cultural heritage should be

strictly regulated in such a way as the record of the information

cultural, historical and archaeological is duly carried out.

Rule 7 . Must be promoted the public's access to underwater cultural heritage

in situ , except if it is to be found to be incompatible with the protection and management of the

site.

Rule 8 . International cooperation in the field of heritage intervention

cultural underwater should be encouraged, so as to favour exchanges

professes between archaeologists and specialists from other related professions,

as well as a better harnessing of your skills.

II-Plan of the project

Rule 9. Prior to any intervention on underwater cultural heritage must

be drawn up a plan of the project, to be submitted to the competent authorities,

with a view to the necessary appreciation and authorization.

Rule 10 . The project Plan shall include:

a) A summary of the prior or preliminary studies;

b) The enunciation of the project and its objectives;

c) the methodology to be followed and the techniques to be employed;

d) The funding plan;

e) The timing of the implementation of the project;

f) The composition of the team and the qualifications, functions and experience of

each member of the team;

g) The programme of analyses and other activities to be carried out after the work of

field;

h) A programme of preservation of the archaeological material and the site, the

perform in close cooperation with the competent authorities;

i) The management and maintenance policy of the site during the implementation of the

project;

j) A programme of documentation;

k) A safety plan;

l) A plan of environmental incidence;

m) The modalities of collaboration with museums and other institutions, in

particular scientific institutions;

n) A plan preparation of reports;

o) the modalities of filing of the archives, including the elements of the

underwater cultural heritage recovered; and

p) The outreach program.

Rule 11 . interventions on underwater cultural heritage should be

conducted in accordance with the plan of the project approved by the authorities

competent.

Rule 12. In the event of unforeseen findings or change of circumstances, the

plan of the project must be reviewed and rectified, with the approval of the

competent authorities.

Rule 13 . In case of urgency or unforeseen findings, the interventions on the

underwater cultural heritage, including the measures or activities of

preservation of short duration, in particular the stabilization of the site, may

be authorised in the absence of a project plan, for the purpose of

protection of underwater cultural heritage.

III-Preliminary work

Rule 14 . The preliminary work referred to in Rule 10 (a) shall include

an assessment of the significance of underwater and middle cultural heritage

naturally engaging, as well as the damage that may result from the project

proposed, and still as to the possibility of data being collected

towards the achievement of the objectives of the project.

Rule 15 . The assessment should also include basic studies on information

historical and archaeological available, the archaeological characteristics and

environmental of the site, and the consequences of any potential intrusion for the

stability, in the long term, of the underwater cultural heritage subject to the

interventions.

IV-Objective, methodology and techniques of the project

Rule 16. The methodology should suit the objectives of the project and the techniques

employs must be as less intrusive as possible.

V-Financing

Rule 17. Prior to the start of any intervention, except in cases of urgency to

protect underwater cultural heritage, a base of

adequate funding, sufficient to complete all phases of the plan

of the project, including preservation, documentation and preservation of the

archaeological material, as well as the preparation and dissemination of the

reports.

Rule 18 . The project Plan should guarantee the financing capacity of this up to the

its conclusion, through, for example, the provision of a guarantee.

Rule 19. The project Plan must include a contingency plan that ensures the

preservation of underwater cultural heritage and documentation

correlative in case of interruption of funding.

VI-Duration of the project-timing

Rule 20 . Before the start of any intervention, appropriate una should be established

calendarization so as to ensure compliance with all phases of the plan

of the project, including preservation, documentation and preservation of the

elements of the underwater cultural heritage recovered, as well as the

preparation and the diffusion of the reports.

Rule 21. The project Plan must include a contingency plan that ensures the

preservation of underwater cultural heritage and documentation

correlative in case of any interruption or early completion of the

project.

VII-Competence and qualifications

Rule 22 . Underwater interventions on underwater cultural heritage can only be

performed under the direction and control, and with the regular presence, of a

qualified underwater archaeologist, with adequate scientific competence

to the project.

Rule 23 . All the elements of the project team must possess qualifications and

competence appropriate to its functions in the project.

VIII-Preservation and management of the site

Rule 24 . The preservation program provides for the treatment of archaeological vestiges

during interventions on underwater cultural heritage, its

transport and in the long term. Preservation shall be carried out in

compliance with the current professional standards.

Rule 25 . The site management programme provides for protection and management in situ from the

underwater cultural heritage, in the course and after the completion of the work

of field. The program includes the information to the public, the implementation of

reasonable means for the stabilisation, monitoring and protection of the site

against interferences.

IX-Documentation

Rule 26 . Of the documentation program must appear in the documentation

detailed of interventions on underwater cultural heritage,

including progress reports, in compliance with the standards

current professionals relating to archaeological documentation.

Rule 27 . The documentation must include , at least, a detailed inventory of the

site, including the indication of the provenance of the elements of the heritage

underwater cultural cultural dislocated or removed in the course of the interventions,

field notes, plans, drawings, sections and photographs or records in others

supports.

X-Security

Rule 28. A suitable safety plan must be drawn up that ensures the

safety and the health of the members of the incarcerate team of the execution of the

project and other participants, in accordance with the legal requirements

and professional victors.

XI-Environment

Rule 29. A suitable environmental incidence plan should be prepared that obscs the

any undue disturbance of the marine funds and marine life.

XII-Reports

Rule 30 . The progress reports and the final report should stay available on the date

provided for in the project plan and are deposited in public archives

appropriate.

Rule 31. The reports shall include:

a) an enunciation of the objectives;

b) An enunciation of the methods and techniques employed;

c) an enunciation of the results obtained;

d The essential graphic and photographic documentation of all phases of the

intervention;

e) the recommendations regarding the preservation and preservation of the site and the

elements of the underwater cultural heritage removed;

f) Recommendations for future interventions.

XIII-Conservation of the project archives

Rule 32. The modalities for the conservation of the project archives must be

agreed before the start of any intervention and must appear in the plan

of the project.

Rule 33. The archives of the project, including any element of the heritage

underwater cultural removed and a copy of all related documentation

must, if possible, keep themselves intact and together in the form of

collection, so as to become accessible to professionals and the public,

by guaranteeing, equally, the respective conservation. This procedure

should be realized as quickly as possible, at the latest, in the

period of ten years after the completion of the project, as long as this shows

compatible with the preservation of underwater cultural heritage.

Rule 34. The project archives must be managed in accordance with the standards

international professionals and subject to the authorization of the authorities

competent.

XIV-Disclosure

Rule 35. The project shall, where possible, provide for the realization of shares

education and the presentation of its results to the large public.

Rule 36 . The final report of any project should be:

a) Public Tornado as soon as possible, taking into account the complexity of the

project and the confidential or sensitive nature of the information in it

contained; and

b) Deposied in appropriate public archives.

The text that precedes it is the authentic text of the Convention, duly adopted by the

General Conference of the United Nations Educational, Scientific and Scientific Organization

Culture, during its thirtieth first session, which proceeded in Paris and was closed

to the third day of the month of November 2001.

IN FÉ FROM WHAT, THE UNDERSIGNED APED THEIR SIGNATURES TO November 6

of 2001.

The President of the General Conference The Director General

(signature) (signature)

Certified copy

Paris, ......................

Made in Paris, on this second day of November 2001, in two certified copies,

having bet the signing of the President of the thirty-first session of the Conference

General of the United Nations Educational, Scientific and Cultural Organization and the

Managing Director, which are to be deposited in the archives of the Organization of Nations

United for Education, Science and Culture, whose compliant and authenticated copies

shall be remitted to all States referred to in Article 26º, as well as to the Nations

United.

Convention on the protection of the underwater cultural heritage

Article 1: Definitions

For the purposes of this Convention:

1. (a) "Underwater cultural heritage" means all traces of human existence having a

cultural, historical or archaeological character which have been partially or totally under

water, water, or water, for at least 100 years such as:

(i) sites, structures, buildings, artefacts and human remains, together with their

archaeological and natural context;

(ii) vessels, aircraft, other vehicles or any part thereof, their cargo or other contents,

together with their archaeological and natural context; and

(iii) objects of prehistoric character.

(b) Pipelines and cells placed on the seabed shall not be considered as underwater

cultural heritage.

(c) Installations other than pipelines and pipelines, placed on the seabed and still in use,

shall not be considered as the underwater cultural heritage.

2. (a) "States Parties" means States which have consented to be bound by this

Convention and for which this Convention is in force.

(b) This Convention applies mutatis mutandis to those territories referred to in Article

26, paragraph 2 (b), which become Parties to this Convention in accordance with the

conditions set out in that paragraph, and to that extent "States Parties" refers to those

territories.

3. "UNESCO" means the United Nations Educational, Scientific and Cultural

Organization.

4. "Director-General" means the Director-General of UNESCO.

5. "Area" means the seabed and ocean floor and subsoil photographs, beyond the limits of

national jurisdiction.

6. "Activities directed at underwater cultural heritage" means activities having

underwater cultural heritage as their primary object and which may, directly or

diverse, otherwise disturb or otherwise damage underwater cultural heritage.

7. "Activities incidental to underwater cultural heritage" means activities

which, does not have an underwater cultural heritage as their primary object or one of

their objects, may disturb disturb or otherwise damage underwater cultural heritage.

8. "State vessels and aircraft" means warships, and other vessels or aircraft that were

owned or operated by a State and used, at the time of sinking, only for government non-

commercial purposes, that are identified as such and that meet the definition of

underwater cultural heritage.

9. "Rules" means the Rules concerning activities directed at underwater cultural

heritage, the referred to in Article 33 of this Convention.

Article 2: Objectives and general principles

1. This Convention aims to ensure and strengthen the protection of underwater culture

heritage.

2. States Parties shall be diverse in the protection of underwater cultural heritage.

3. States Parties shall preserve underwater cultural heritage for the benefit of humanity

in conformity with the provisions of this Convention.

4. States Parties shall, individually or as appropriate, take all appropriate

measures in conformity with this Convention and with international law that are

necessary to protect underwater cultural heritage, using for this purpose the best

practicable means at their disposal and in accordance with their capabilities.

5. The preservation in situ of underwater cultural heritage shall be considered as the first

option before allowing or engaging in any activities directed at this heritage.

6. Recovered underwater cultural heritage shall be preserved, conserved and managed in

a manner that has added its long-term preservation.

7. Underwater cultural heritage shall not be commercially exploited.

8. Consistent with State practice and international law, including the United Nations

Convention on the Law of the Sea, nothing in this Convention shall be awarded as

exploring the rules of international law and State practice pertaining to sovereign

immunities, nor any State' s rights with respect to its State vessels and aircraft.

9. States Parties shall ensure that proper respect is given to all human remains located in

maritime waters.

10. Responsible non-intrusive access to observe or document in situ underwater cultural

heritage shall be conscious to create public awareness, appreciation, and protection of

the heritage except where such access is incompatible with its protection and

management.

11. No act or activity on the basis of this Convention shall be

grounds for claiming, contending or disputing any claim to national convicted or

jurisdiction.

Article 3: Relationship between this Convention and the United Nations

Convention on the Law of the Sea

Nothing in this Convention shall prejudice the rights, jurisdiction and duties of States

under international law, including the United Nations Convention on the Law of the

Sea.

This Convention shall be applied and applied in the context of and in a manner

consistent with international law, including the United Nations Convention on the Law

of the Sea.

Article 4: Relationship to law of salvage and law of finds

Any activity relating to underwater cultural heritage to which this Convention applies

shall not be subject to the law of salvage or law of finds, unless it:

(a) is authorized by the competent authorities, and

(b) is in full conformity with this Convention, and

(c) underway that any recovery of the underwater cultural heritage achieves its maximum

protection.

Article 5: Activities incidental to underwater cultural heritage

Each State Party shall use the best practicable means at its disposal to prevent or

mitigate any adverse effects that might arise from activities under its jurisdiction

incidental to underwater cultural heritage.

Article 6: Bilateral, regional or other multilateral agreements

1. States Parties are Parties to enter into bilateral, regional or other multilateral

agreements or develop existing agreements, for the preservation of underwater cultural

heritage. All such agreements shall be in full conformity with the provisions of this

Convention and shall not dilute its universal character. States may, in such agreements,

adopt rules and regulations which would ensure better protection of cultural underwater

heritage than those adopted in this Convention.

2. The Parties to such bilateral, regional or other multilateral agreements may invite

States with a verifiable link, especially the cultural, historical or archaeological link, to the

underwater cultural heritage concerned to join such agreements.

3. This Convention shall not alter the rights and obligations of States Parties regarding

the protection of sunken vessels, arising from other bilateral, regional or other

multilateral agreements concluded before its adoption, and, in particular, those that are

in conformity with the purposes of this Convention.

Article 7: Underwater cultural heritage in internal waters, archipelagic waters and

territorial sea

1. States Parties, in the exercise of their protests, have the exclusive right to be

and authorize activities directed at underwater cultural heritage in their internal waters,

archipelagic waters and territorial sea.

2. Without prejudice to other international agreements and rules of international law

regarding the protection of underwater cultural heritage, States Parties shall require that

the Rules be applied to activities directed at underwater cultural heritage in their internal

waters, archipelagic waters and territorial sea.

3. Within their archipelagic waters and territorial sea, in the exercise of their

Exploring and in recognition of general practice among States, States Parties, with a

view to internationally on the best methods of State vessels and aircraft, should

inform the flag State Party to this Convention and, if applicable, other States with a

verifiable link, especially the cultural, historical or archaeological link, with respect to the

discovery of such identifiable State vessels and aircraft.

Article 8: Underwater cultural heritage in the contiguous zone

Without prejudice to and in addition to Articles 9 and 10, and in accordance with

Article 303, paragraph 2, of the United Nations Convention on the Law of the Sea,

States

Parties may have undertaken and authorize activities directed at underwater cultural heritage

within their contiguous zone. In so doing, they shall require that the Rules be applied.

Article 9: Reporting and notification in the exclusive economic zone and on the

continental shelf

1. All States Parties have a responsibility to protect underwater cultural heritage in the

exclusive economic zone and on the continental shelf in conformity with this

Convention.

Namely:

(a) a State Party shall require that when its national, or a vessel flying its flag, discovers

or oured to engage in activities directed at underwater cultural heritage located in its

exclusive economic zone or on its continental shelf, the national or the master of the

vessel shall report such discovery or activity to it;

(b) in the exclusive economic zone or on the continental shelf of another State Party:

(i) States Parties shall require the national or the master of the vessel to report such

discovery or activity to them and to that other State Party;

(ii) alternating, the State Party shall require the national or master of the vessel to report

such discovery or activity to it and shall ensure the rapid and effective transmission of

such reports to all other States Parties.

2. On depositing its instrument of ratification, acceptance, approval or accession, the State

Party shall declare the manner in which reports will be transmitted under paragraph 1 (b)

of this Article.

3. A State Party shall notify the Director-General of discoveries or activities reported to

it under paragraph 1 of this Article.

4. The Director-General shall be made available to all States Parties any

information notified to him under paragraph 3 of this Article.

5. Any State Party may declare to the State Party in whose exclusive economic zone or

on whose continental shelf the underwater cultural heritage is located its interest in

being diverse on how to ensure the effective protection of that underwater cultural

heritage.

Such declaration shall be based on a verifiable link, especially the cultural, historical or

archaeological link, to the underwater cultural heritage concerned.

Article 10: Protection of underwater cultural heritage in the exclusive economic

zone and on the continental shelf

1. No authorization shall be granted for an activity directed at underwater cultural

heritage located in the exclusive economic zone or on the continental shelf except in

conformity with the provisions of this Article.

2. A State Party in whose exclusive economic zone or on whose continental shelf

underwater cultural heritage is located has the right to understand or authorize any activity

directed at such heritage to prevent interference with its sovereign rights or jurisdiction

the provided for by international law including the United Nations Convention on the

Law of the Sea.

3. Where there is a discovery of underwater cultural heritage or it is intended for that

activity shall be directed at underwater cultural heritage in a State Party's exclusive

economic zone or on its continental shelf, that State Party shall:

(a) consult all other States Parties which have declared an interest under Article 9,

paragraph 5, on how best to protect the underwater cultural heritage;

(b) coordinate such consultations as the "Coordinating State", unless it expressly declares

that it does not wish to do so, in which case the States Parties which have declared an

interest under Article 9, paragraph 5, shall appoint a Coordinating State.

4. Without prejudice to the duty of all States Parties to protect underwater cultural

heritage by way of all practicable measures taken in accordance with international law

to prevent immediate danger to the underwater cultural heritage, including looting, the

Coordinating State may take all practicable measures, and / or issue any necessary

authorizations in conformity with this Convention and, if necessary prior to

consultations, to prevent any immediate danger to the underwater cultural heritage,

whether arising from human activities or any other cause, including looting. In taking

such measures assistance may be requested from other States Parties.

5. The Coordinating State:

(a) shall implement measures of protection which have been agreed by the consulting

States, which include the Coordinating State, unless the consulting States, which

include the Coordinating State, agree that another State Party shall implement those

measures;

(b) shall issue all necessary authorizations for such agreed measures in conformity with

the Rules, unless the consulting States, which include the Coordinating State, agree that

another State Party shall issue those authorizations;

(c) may conduct any necessary preliminary research on the underwater cultural heritage

and shall issue all necessary authorizations therefor, and shall inform inform the

Director-General of the results, who in turn will make such information as

available to other States Parties.

6. In coordinating consultations, taking measures, conducting preliminary research

and / or other authorizations Act to this Article, the Coordinating State shall act on

behalf of the States Parties as a whole and not in its own interest. Any such action shall

not in itself as a basis for the assertion of any underlying or jurisdictional rights

not provided for in international law, including the United Nations Convention on the

Law of the Sea.

7. Subject to the provisions of paragraphs 2 and 4 of this Article, in the activity directed at

State vessels and aircraft shall be involved without the agreement of the flag State and

the collaboration of the Coordinating State.

Article 11: Reporting and notification in the Area

1. States Parties have a responsibility to protect underwater cultural heritage in the Area

in conformity with this Convention and Article 149 of the United Nations Convention

on the Law of the Sea. Reveals when a national, or a vessel flying the flag of a

State

Party, discovers or rhetoric to engage in activities directed at underwater cultural

heritage located in the Area, that State Party shall require its national, or the master of

the vessel, to report such discovery or activity to it.

2. States Parties shall notify the Director-General and the resignation of the

International Seabed Authority of such discoveries or activities reported to them.

3. The Director-General shall be available to make available to all States Parties any such

information supplied by States Parties.

4. Any State Party may declare to the Director-General its interest in being held on

how to ensure the effective protection of that underwater cultural heritage. Such

declaration shall be based on a verifiable link to the underwater cultural heritage

concerned, particular regard being paid to the diverse rights of States of culture,

historical or archaeological origin.

Article 12: Protection of underwater cultural heritage in the Area

1. No authorization shall be granted for any activity directed at underwater cultural

heritage located in the Area except in conformity with the provisions of this Article.

2. The Director-General shall invite all States Parties which have declared an interest

under Article 11, paragraph 4, to consult on how best to protect the underwater cultural

heritage, and to appoint a State Party to coordinate such consultations as the

"Coordinating State". The Director-General shall also invite the International Seabed

Authority to participate in such consultations.

3. All States Parties may take all practicable measures in conformity with this

Convention, if necessary prior to consultations, to prevent any immediate danger to

the underwater cultural heritage, whether arising from human activity or any other cause

including looting.

4. The Coordinating State shall:

(a) implement measures of protection which have been agreed by the consulting States,

which include the Coordinating State, unless the consulting States, which include the

Coordinating State, agree that another State Party shall implement those measures; and

(b) issue all necessary authorizations for such agreed measures, in conformity with this

Convention, unless the consulting States, which include the Coordinating State, agree

that another State Party shall issue those authorizations.

5. The Coordinating State may conduct any necessary preliminary research on the

underwater cultural heritage and shall issue all necessary authorizations therefor, and

shall we shall inform the Director-General of the results, who in turn shall make such

information available to other States Parties.

6. In coordinating consultations, taking measures, conducting preliminary research,

and / or other authorizations Act to this Article, the Coordinating State shall act

for the benefit of humanity as a whole, on behalf of all States Parties. Particular regard

shall be paid to the phenomenal rights of States of cultural, historical or archaeological

origin in respect of the underwater cultural heritage concerned.

7. No State Party shall receive or authorize activities directed at State vessels and

aircraft in the Area without the consent of the flag State.

Article 13: Sovereign sovereignty

Warships and other government ships or military aircraft with sovereign wealth,

operated for non-commercial purposes, undertaking their normal mode of operations,

and not engaged in activities directed at underwater cultural heritage, shall not be

agrees to report discoveries of underwater cultural heritage under Articles 9, 10, 11 and

12 of this Convention. However States Parties shall ensure, by the adoption of

appropriate measures not impairing the operations or operational capabilities of their

warships or other government ships or military aircraft with sovereign wealth

operated for non-commercial purposes, that they have been, as far as reasonable and

practicable, with Articles 9, 10, 11 and 12 of this Convention.

Article 14: Control of entry into the territory, dealing and dealing

States Parties shall take measures to prevent the entry into their territory, the dealing in,

or the diverse of, underwater cultural heritage illicitly diverse and / or recovered,

where recovery was detained to this Convention.

Article 15: Non-use of areas under the jurisdiction of States Parties

States Parties shall take measures to achieve the use of their territory, including their

maritime ports, as well as artificial islands, installations and structures under their

exclusive jurisdiction or control, in support of any activity directed at underwater

cultural heritage which is not in conformity with this Convention.

Article 16: Measures relating to nationals and vessels

States Parties shall take all practicable measures to ensure that their nationals and

vessels flying their flag do not engage in any activity directed at underwater cultural

heritage in a manner not in conformity with this Convention.

Article 17: Sanctions

1. Each State Party shall bear sanctions for violations of measures it has taken to

implement this Convention.

2. Sanctions applicable in respect of violations shall be adequate in severity to be

effective in securing compliance with this Convention and to discourage violations

goodness they've deprived and shall deprive offenders of the benefit deriving from their

illegal activities.

3. States Parties shall be told to ensure enforcement of sanctions under this

Article.

Article 18: Seizure and disposition of underwater cultural heritage

1. Each State Party shall take measures providing for the seizure of cultural underwater

heritage in its territory that has been recovered in a manner not in conformity with this

Convention.

2. Each State Party shall record, protect and take all reasonable measures to stabilize

underwater cultural heritage seized under this Convention.

3. Each State Party shall notify the Director-General and any other State with a

verifiable link, especially the cultural, historical or archaeological link, to the underwater

cultural heritage concerned of any seizure of underwater cultural heritage that it has

made under this Convention.

4. State Party which has seized underwater cultural heritage shall ensure that its

disposition be for the public benefit, taking into account the need for conservation and

research; the need for reassembly of a dispersed collection; the need for public access,

exhibition and education; and the interests of any State with a verifiable link, especially

the cultural, historical or archaeological link, in respect of the underwater cultural heritage

concerned.

Article 19: Cooperation and information-sharing

1. States Parties shall be Parties and assist each other in the protection and management

of underwater cultural heritage under this Convention, including, where practicable,

collaborating in the investigation, excavation, documentation, conservation, study and

presentation of such heritage.

2. To the extent compatible with the purposes of this Convention, each State Party

undertakes to share information with other States Parties concerning cultural underwater

heritage, including discovery of heritage, location of heritage, heritage excavated or

recovered to this Convention or otherwise in violation of international law,

pertinent scientific methodology and technology, and legal developments relating to

such heritage.

3. Information shared between States Parties, or between UNESCO and States Parties,

regarding the discovery or location of underwater cultural heritage shall, to the extent

compatible with their national legislation, be kept confidential and reserved to

competent authorities of States Parties as long as the disclosure of such information

might endanger or otherwise put at risk the preservation of such underwater cultural

heritage.

4. Each State Party shall take all practicable measures to disseminate information,

including where we have undertaken through appropriate international databases, about underwater

cultural heritage excavated or recovered to this Convention or otherwise in

violation of international law.

Article 20: Public awareness

Each State Party shall take all practicable measures to raise public awareness regarding

the value and significance of underwater cultural heritage and the importance of

We have it under this Convention.

Article 21: Training in underwater archaeology

States Parties shall be equipped in the provision of training in underwater archaeology, in

techniques for the conservation of underwater cultural heritage and, on agreed terms, in

the transfer of technology relating to underwater cultural heritage.

Article 22: Competent authorities

1. In order to ensure the proper implementation of this Convention, States Parties shall

establish competent authorities or recommend the existing ones where appropriate, with

the aim of providing for the establishment, maintenance and updating of an inventory of

underwater cultural heritage, the effective protection, conservation, presentation and

management of underwater cultural heritage, as well as research and education.

2. States Parties shall communicate to the Director-General the names and addresses of

their competent authorities relating to underwater cultural heritage.

Article 23: Meetings of States Parties

1. The Director-General shall convene the Meeting of States Parties within one year of the

entry into force of this Convention and improve at least once every two years. At the

request of a majority of States Parties, the Director-General shall convene an

Extraordinary Meeting of States Parties.

2. The Meeting of States Parties shall decide on its functions and responsibilities.

3. The Meeting of States Parties shall adopt its own Rules of Procedure.

4. The Meeting of States Parties may establish a Scientific and Technical Advisory

Body of experts nominated by the States Parties with due regard to the

principle of equitable geographical distribution and the desirability of a gender balance.

5. The Scientific and Technical Advisory Body shall assist the Meeting of

States Parties in questions of a scientific or technical nature regarding the

implementation of the Rules.

Article 24: Secretariat for this Convention

1. The Director-General shall be responsible for the functions of the Secretariat for this

Convention.

2. The duties of the Secretariat shall include:

(a) organizing Meetings of States Parties as provided for in Article 23, paragraph 1; and

(b) assisting States Parties in implementing the decisions of the Meetings of States

Parties.

Article 25: Peaceful settlement of disputes

1. Any dispute between two or more States Parties concerning the interpretation or

application of this Convention shall be subject to negotiations in good faith or other

peaceful means of settlement of their own choice.

2. If those negotiations do not reflect the dispute within a reasonable period of time, it

may be submitted to UNESCO for mediation, by agreement between the States Parties

concerned.

3. If mediation is not to be born or if there is no settlement by mediation, the provisions

relating to the settlement of disputes set out in Part XV of the United Nations

Convention on the Law of the Sea apply mutatis mutandis to any dispute between States

Parties to this Convention concerning the interpretation or application of this

Convention, whether or not they are also Parties to the United Nations Convention on

the Law of the Sea.

4. Any procedure chosen by a State Party to this Convention and to the United Nations

Convention on the Law of the Sea pursuant to Article 287 of the latter shall apply to the

settlement of disputes under this Article, unless that State Party, when ratifying,

ans, or acceding to this Convention, or at any time it chooses, chooses

another procedure pursuant to Article 287 for the purpose of the settlement of disputes

arising out of this Convention.

5. A State Party to this Convention which is not a Party to the United Nations

Convention on the Law of the Sea, when ratifying, ratifying, approving or acceding to

this Convention or at any time absurd shall be free to choose, by means of a written

declaration, one or more of the means set out in Article 287, paragraph 1, of the United

Nations Convention on the Law of the Sea for the purpose of settlement of disputes

under this Article. Article 287 shall apply to such a declaration, as well as to any dispute

to which such State is party, which is not covered by a declaration in force. For the

purpose of consultation and arbitration, in accordance with Annexes V and VII of the

United Nations Convention on the Law of the Sea, such State shall be Governing to be

nominate conciliators and arbitrators to be included in the lists referred to in Annex V,

Article 2, and Annex VII, Article 2, for the settlement of disputes arising out of this

Convention.

Article 26: Ratification, acceptance, approval or approval

1. This Convention shall be subject to ratification, acceptance or approval by Member

States of UNESCO.

2. This Convention shall be subject to:

(a) by States that are not members of UNESCO but are members of the United Nations

or of a specialized agency within the United Nations system or of the International

Atomic Energy Agency, as well as a by States Parties to the International

Court of Justice and any other State invited to accede to this Convention by the General

Conference of UNESCO;

(b) by territories which enjoy full internal self-government, recognized as such by the

United Nations, but have not won full independence in accordance with General

Assembly resolution 1514 (XV) and which have a competence over the matters thereof

by this Convention, including the competence to enter into the respect of those

matters.

3. The instruments of ratification, acceptance, approval or approval shall be made

with the Director-General.

Article 27: Entry into force

This Convention shall enter into force three months after the date of the deposit of the

twentieth instrument referred to in Article 26, but celebrating with respect to the twenty

States or territories that have so far been their instruments. It shall be enter into force for

each other State or territory three months after the date on which that State or territory

has had its instrument.

Article 28: Declaration as to inland waters

When ratifying, approving, approving or acceding to this Convention or at any time

how to apply, any State or territory may declare that the Rules shall apply to inland waters

not of a maritime character.

Article 29: Limitations to geographical scope

At the time of ratifying, ratifying, approving or acceding to this Convention, a State or

territory may make a declaration to the depositary that this Convention shall not be

applicable to specific parts of its territory, internal waters, archipelagic waters or

territorial sea, and shall identify reveals the reasons for such declaration. Such State

shall, to the extent practicable and as quickly as possible, promote conditions under

which this Convention will apply to the areas specified in its declaration, and to that end

shall also withdraw its declaration in whole or in part as soon as that has been achieved.

Article 30: Reservations

With the exception of Article 29, no reservations may be made to this Convention.

Article 31:

1. The State Party may, by written communication excellent to the Director-General,

propose to this Convention. The Director-General shall circulate such

communication to all States Parties. If, within six months from the date of the

circulation of the communication, not less than one half of the States Parties reply

favourably to the request, the Director-General shall present such proposal to the next

Meeting of States Parties for discussion and possible adoption.

2. shall be adopted shall be adopted by a majority of States Parties present and

voting.

3. Once adopted, to be adopted to this Convention shall be subject to ratification,

acceptance, approval or approval by the States Parties.

4. shall we shall enter into force, but shall bear with respect to the States Parties that

have been accepted, accepted, approved or acceded to them, three months after the deposit of

the instruments referred to in paragraph 3 of this Article by two states of the States

Parties.

Beaten, for each State or territory that ratifies, accedes, or accedes to it, the

improve shall enter into force three months after the date of deposit by that Party of

its instrument of ratification, acceptance, approval or approval.

5. A State or territory which becomes a Party to this Convention after the entry into

force of conformity in conformity with paragraph 4 of this Article shall, failing an

expression of different intention by that State or territory, be considered:

(a) the Party to this Convention as a so concerned; and

(b) as a Party to the untold Convention in relation to any State Party not bound by

the most.

Article 32: Denunciation

1. A State Party may, by written notification to the Director-General,

denounce this Convention.

2. The denouncing shall take effect twelve months after the date of receipt of the

notification, unless the notification has published a later date.

3. The denouncing shall not in any way affect the duty of any State Party to fulfil any

obligation embodied in this Convention to which it would be subject under

international law enforcement of this Convention.

Article 33: The Rules

The Rules will be provided to this Convention form an integral part of it and, unless expressly

provided otherwise, the reference to this Convention includes a reference to the Rules.

Article 34: Registration with the United Nations

In conformity with Article 102 of the Charter of the United Nations, this Convention

shall be registered with the Secretariat of the United Nations at the request of the

Director-General.

Article 35: Authoritative texts

This Convention has been drawn up in Arabic, Chinese, English, French, Russian and

Spanish, the six texts being equally authoritative.

Namely: RULES CONCERNING ACTIVITIES DIRECTED

AT UNDERWATER CULTURAL HERITAGE

I. General principles

Rule 1. The protection of underwater cultural heritage through in situ preservation shall

be considered as the first option. Rhetoric, activities directed at underwater cultural

heritage shall be authorized in a manner consistent with the protection of that heritage,

and subject to that requirement may be authorized for the purpose of making a

significant contribution to protection or knowledge or enhancement of underwater

cultural heritage.

Rule 2. The commercial exploitation of underwater cultural heritage for trade or

wind or its irretrievable dispersal is widely incompatible with the

protection and proper management of underwater cultural heritage. Underwater cultural

heritage shall not be traded, sold, bought or bartered the commercial goods.

This Rule cannot be preventing them:

(a) the provision of professional archaeological services or necessary services incidental

withstand whose nature and purpose are in full conformity with this Convention and are

subject to the authorization of the competent authorities;

(b) the deposition of underwater cultural heritage, recovered in the course of a research

project in conformity with this Convention, provided such deposition does not prejudice

the scientific or cultural interest or integrity of the recovered material or result in its

irretrievable dispersal; is in accordance with the provisions of Rules 33 and 34; and is

subject to the authorization of the competent authorities.

Rule 3. Activities directed at underwater cultural heritage shall not affect the

underwater cultural heritage more than is necessary for the objectives of the project.

Rule 4. Activities directed at underwater cultural heritage must use non-destructive

techniques and survey methods in preference to recovery of objects. If excavation or

recovery is necessary for the purpose of scientific studies or for the ultimate protection

of the underwater cultural heritage, the methods and techniques used must be as non-

destructive as possible and contribute to the preservation of the remains.

Rule 5. Activities directed at underwater cultural heritage shall avoid the unnecessary

disturbance ance of human remains or venerated sites.

Rule 6. Activities directed at underwater cultural heritage shall be strictly regulated to

ensure proper recording of cultural, historical and archaeological information.

Rule 7. Public access to in situ underwater cultural heritage shall be promoted, except

where such access is incompatible with protection and management.

Rule 8. International cooperation in the conduct of activities directed at underwater

cultural heritage shall be investigated in order to further the effective exchange or use of

archaeologists and other relevant professionals.

II. Project design

Rule 9. Prior to any activity directed at underwater cultural heritage, a project design for

the activity shall be developed and submitted to the competent authorities for

authorization and appropriate peer review.

Rule 10. The project design shall include:

(a) an evaluation of previous or preliminary studies;

(b) the project statement and objectives;

(c) the methodology to be used and the techniques to be employed;

(d) the funding funding;

(e) an expected timetable for completion of the project;

(f) the composition of the team and the qualifications, responsibilities and experience of

each team member;

(g) plans for post-fieldwork analysis and other activities;

(h) the conservation programme for artefacts and the site in close cooperation with the

competent authorities;

(i) the site management and maintenance policy for the whole duration of the project;

(j) the documentation programme;

(k) the safety policy;

(l) an environmental policy;

(m) arrangements for collaboration with museums and other institutions, in particular

scientific institutions;

(n) report preparation;

(o) deposition of archives, including underwater cultural heritage removed; and

(p) the programme is publication.

Rule 11. Activities directed at underwater cultural heritage shall be carried out in

accordance with the project design approved by the competent authorities.

Rule 12. Where unexpected discoveries are made or promises change, the project

design shall be reviewed and shall be reviewed with the approval of the competent authorities.

Rule 13. In cases of urgency or chance discoveries, activities directed at the underwater

cultural heritage, including conservation measures or activities for a period of short

duration, in particular site stabilization, may be authorized in the entire project of a project

design in order to protect the underwater cultural heritage.

III. Preliminary work

Rule 14. The preliminary work referred to in Rule 10 (a) shall include an assessment

that evaluates the significance and vulnerability of the underwater cultural heritage and

the catastrophic natural environment to damage by the proposed project, and the

potential to obtain data that would meet the project objectives.

Rule 15. The assessment shall also include background studies of available historical

and archaeological evidence, the archaeological and environmental characteristics of the

website, and the consequences of any potential intrusion for the long-term stability of the

underwater cultural heritage affected by the activities.

IV. Project objective, methodology and techniques

Rule 16. The methodology shall be made with the project objectives, and the techniques

employed shall be as non-intrusive as possible.

V. Funding

Rule 17. Except in cases of emergency to protect underwater cultural heritage, an

adequate funding base shall be assured in advance of any activity, sufficient to complete

all stages of the project design, including conservation, documentation and curation of

recovered artefacts, and report preparation and dissemination.

Rule 18. The project design shall demonstrate an ability, such as by securing a bond, to

fund the project through to completion.

Rule 19. The project design shall include a contingency plan that will ensure

conservation of underwater cultural heritage and supporting documentation in the event

of any interruption of funding.

VI. Project duration-timetable

Rule 20. An adequate timetable shall be developed to be developed in advance of any activity

directed at underwater cultural heritage the completion of all stages of the project

design, including conservation, documentation and curation of recovered underwater

cultural heritage, the well the report preparation and dissemination.

Rule 21. The project design shall include a contingency plan that will ensure

conservation of underwater cultural heritage and supporting documentation in the event

of any interruption or termination of the project.

VII. Competence and qualifications

Rule 22. Activities directed at underwater cultural heritage shall only be available

under the direction and control of, and in the regular presence of, a qualified underwater

archaeologist with scientific competence appropriate to the project.

Rule 23. All persons on the project team shall be qualified and have been

competence appropriate to their roles in the project.

VIII. Conservation and site management

Rule 24. The conservation programme shall provide for the treatment of the

archaeological remains during the activities directed at underwater cultural heritage,

during transit and in the long term. Conservation shall be carried out in accordance with

current professional standards.

Rule 25. The site management programme shall provide for the protection and

management in situ of underwater cultural heritage, in the course of and upon

termination of fieldwork. The programme shall include public information, reasonable

provision for site stabilization, monitoring, and protection against interference.

IX. Documentation

Rule 26. The documentation programme shall set out Oct documentation

including progress report of activities directed at underwater cultural heritage, in

accordance with current professional standards of archaeological documentation.

Rule 27. Documentation shall include, at a minimum, a comprehensive record of the

website, including the provenance of underwater cultural heritage moved or removed in the

course of the activities directed at underwater cultural heritage, field notes, plans,

contrast, sections, and contrast or recording in other media.

X. Safety

Rule 28. The safety policy shall be prepared that is adequate to ensure the safety and

health of the project team and third parties and that is in conformity with any applicable

statutory and professional requirements.

XI. Environment

Rule 29. An environmental policy shall be prepared that is adequate to ensure that the

seabed and marine life are not unduly disturbed.

XII. Reporting

Rule 30. Interim and final reports shall be made available according to the timetable set

out in the project design, and socially in relevant public records.

Rule 31. Reports shall include:

(a) an account of the objectives;

(b) an account of the methods and techniques employed;

(c) an account of the results achieved;

(d) basic graphic and photographic documentation on all phases of the activity;

(e) recommendations concerning conservation and curation of the site and of any

underwater cultural heritage removed; and

(f) recommendations for future activities.

XIII. Curation of project archives

Rule 32. Arrangements for curation of the project archives shall be agreed to before any

activity commences, and shall be set out in the project design.

Rule 33. The project archives, including any underwater cultural heritage removed and

the copy of all supporting documentation shall, as far as possible, be kept together and

how to be a collection in a manner that is available for professional and public access as

well as for the curation of the archives. This should be done as rapidly as possible and

in any case not later than ten years from the completion of the project, in so far as may

be compatible with conservation of the underwater cultural heritage.

Rule 34. The project archives shall be managed according to international professional

standards, and subject to the authorization of the competent authorities.

XIV. Dissemination

Rule 35. Projects shall provide for public education and popular presentation of the

project results where appropriate.

Rule 36. The final synthesis of a project shall be:

(a) made public as soon as possible, having regard to the complexity of the project and

the confidential or sensitive nature of the information; and

(b) thereof in relevant public records.

The foregoing is the authentic text of the Convention adopted by the General

Conference of the United Nations Educational, Scientific and Cultural Organization

during its thirty-first session, which was held in Paris and declared closed the third day

of November 2001.

In witness whereof we have appended our signatures this 6th day of November 2001.

The President of the General Conference The Director-General

Done in Paris this 6th day of November 2001 in two authentic copies bearing the

signature of the

President of the thirty-first session of the General Conference and of the Director-

General of the

United Nations Educational, Scientific and Cultural Organization, which shall be

Educated in the archives of the United Nations Educational, Scientific and Cultural

Organization and certified true copies of which shall be delivered to all the States and

territories referred to in Article 26 as well as to the United Nations.