Approves, For Ratification, The Convention For The Protection Of The Underwater Cultural Heritage, Adopted At The Thirty-First Session Of The General Conference Of Unesco, Held In Paris On 2 November 2001

Original Language Title: Aprova, para ratificação, a Convenção sobre a Protecção do Património Cultural Subaquático, aprovada na XXXI Sessão da Conferência Geral da UNESCO, que teve lugar em Paris em 2 de Novembro de 2001

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277636a49334c5667755a47396a&fich=ppr27-X.doc&Inline=false

MOTION for a RESOLUTION paragraph 27/X the Convention for the protection of the Underwater Cultural Heritage was adopted at the 31ST session of the UNESCO General Conference, in November 2001 2. The Convention reflects the effort of codification of customary law relating to underwater cultural heritage, whilst warn the international community against phenomena that, in the present and a past next have seriously compromised the set of goods that international law protects such as commercial exploitation, the side effects of other uses of the seabed, the technological innovations in the identification and access to the findings. So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following resolution: article 1 is adopted, for ratification, the Convention for the protection of the Underwater Cultural heritage, adopted at the THIRTY-FIRST session of the UNESCO General Conference held in Paris on 2 November 2001 , whose text, authenticated version in English and Portuguese language translation thereof, if published in the annex.

Article 2 at the time of deposit of the instrument of ratification, Portugal declare that, under paragraph 2 of article 9 of the Convention on the protection of the Underwater Cultural Heritage, the way in which transmitted the information provided for in point (b)) of paragraph 1 of that article is stipulated in its method ii).

Seen and approved by the Council of Ministers of 17 November 2005 Prime Minister the Minister of Parliamentary Affairs Minister Presidency CONVENTION on the protection of the UNDERWATER CULTURAL HERITAGE UNESCO Paris, 2 November 2001 the General Conference of the United Nations Educational, scientific and Cultural Organization, meeting in Paris from 15 October to 3 November 2001 at its thirty-first session, recognizing the importance of underwater cultural heritage as an integral part of the cultural heritage of humanity and a particularly important element in the history of peoples, Nations and their relations with each other with regard to their common heritage, aware of the importance of protecting and preserving the underwater cultural heritage and that such liability falls on all States , Noting the growing interest in and appreciation of underwater cultural heritage by the public, Convinced of the importance of the research, information and education are for the protection and the preservation of underwater cultural heritage, Convinced of the right of the public to benefit from the educational and recreational advantages arising from a responsible and non-intrusive access to in situ underwater cultural heritage and the importance of public education to a greater awareness , recovery and protection of such heritage, aware that unauthorized interventions represent a threat for the underwater cultural patromínio and that it is necessary to take more stringent measures to prevent such interventions, conscious of the need to respond appropriately to the possible negative impact that certain legitimate activities cause, fortuitously, about underwater cultural heritage, deeply concerned about the increasing commercial exploitation of underwater cultural heritage and in particular, certain activities relating to the sale, purchase and exchange of underwater cultural heritage elements, aware that technological advances facilitate the discovery of underwater cultural heritage and its access, convinced that cooperation between States, international organizations, scientific institutions, professional organizations, archaeologists, divers, other stakeholders and the general public, it is essential for the protection of the underwater cultural heritage , whereas the exploration, excavation and protection of underwater cultural heritage require the availability and use of 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, conscious of the need to codify and progressively develop rules relating to the protection and preservation of underwater cultural heritage in accordance with international law and practice, in particular the UNESCO Convention concerning measures to be taken to Prohibit and Prevent the import, export and the Illicit Transfer of ownership of cultural property, signed on 14 November 1970, the UNESCO Convention on the protection of the World Cultural and Natural Heritage, signed on 16 November 1972 and the United Nations Convention on the law of the sea , signed on 10 December 1982, committed to improving the effectiveness of the international, regional and national levels with a view to the preservation in situ of underwater cultural heritage elements, or their recovery, if this show required for scientific purposes or for protection, having decided, at its twenty-ninth session, that this question should be the subject of an International Convention adopts this Convention on this second day of November 2001.

Article 1-definitions for the purposes of this Convention: 1. a) "underwater cultural heritage" means all traces of the existence of cultural, historical or archaeological character, which are partially or wholly, periodic or continuously submerged for at least 100 years, namely: (i) sites, structures, buildings, artifacts and human remains, as well as its archaeological context;

(ii) ships, aircraft and other vehicles, or part of them, to their cargoes or other content, as well as its archaeological and natural context; and (iii) Artifacts of prehistoric character.

b) pipelines and cables placed on the sea bed will not be considered an integral part of the underwater cultural heritage.

c) different installations of pipelines or cables placed on the seabed and still in use, shall not be considered as an integral part of 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 the Territories mentioned in subparagraph (b)) of paragraph 2 of article 26 which become parties to this Convention in accordance with the requirements set out in that paragraph applicable to them; to that extent, the term "States parties" is extended to such 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, the seabed and its subsoil beyond the limits of national jurisdiction.

6. "intervention on the underwater cultural heritage" means an activity primarily directed to the underwater cultural heritage and that can directly or indirectly impair materially or otherwise damage underwater cultural heritage.

7. "intervention with potential impact on the underwater cultural heritage" means any activity which, not having underwater cultural heritage as their primary objective or partial, can impair materially or otherwise damage underwater cultural heritage.

8. "State vessels and aircraft" means warships and other ships or aircraft belonging to a State where he operated and used, at the time of its sinking, exclusively for public non-commercial purposes, which are duly identified as such and are included in the definition of underwater cultural heritage.

9. "Rules" means the rules governing the interventions on the underwater cultural heritage, as laid down in article 33 of this Convention.

Article 2-objectives and general principles 1. This Convention aims to ensure and enhance the protection of the underwater cultural heritage.

2. States parties shall cooperate with each other with regard to the protection of the underwater cultural heritage.

3. The States parties to preserve underwater cultural heritage for the benefit of mankind, in accordance with the provisions of this Convention.

4. States parties shall take, individually or, where appropriate, jointly, all appropriate measures, in accordance with this Convention and international law, necessary to protect the underwater cultural heritage using, for this purpose, the most appropriate means at their disposal and in accordance with their capabilities.

5. in situ preservation of cultural heritage will be considered priority option before being authorized or initiated any intervention on heritage.

6. The elements of cultural heritage subquático recovered shall be deposited, conserved and managed to ensure their long-term preservation.

7. underwater cultural heritage shall not be subject to commercial exploitation.

8. According to the practice of States and international law, including the United Nations Convention on the law of the sea, nothing in this Convention shall be interpreted as modifying the rules of international law and the practice of States concerning immunities or any rights of a State over its vessels and aircraft.


9. States parties shall ensure that all human remains submerged in sea water will be treated with due respect.

10. The responsible and non-intrusive access of the public to in situ underwater cultural heritage for the purposes of observation and documentation should be encouraged in order to promote both the public awareness of this heritage, want the appreciation and the protection thereof, unless such access if show incompatible with the protection and management of that heritage.

11. No act or activity undertaken on the basis of this Convention will constitute grounds to enforce, support or disprove any claim to national sovereignty or jurisdiction.

Article 3-relationship 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 under the international law, including the United Nations Convention on the law of the sea. This Convention shall be interpreted and applied in the context and in accordance with international law, including the United Nations Convention on the law of the sea.

Article 4 – relationship with the laws of the saved and finds no activity regarding underwater cultural heritage to which the present Convention shall be subject to the laws regarding salvage or findings, unless: (a) Be authorized by competent authorities), b) is in full conformity with the Convention, and (c)) ensures maximum protection of the underwater cultural heritage during any recovery operation.

Article 5 – activities with potential impact on the underwater cultural heritage, each State party will use the most appropriate means available to prevent or mitigate any adverse effects that may result from activities carried out under its jurisdiction may affect, so random, the underwater cultural heritage.

Article 6-bilateral Agreements and regional or other multilateral agreements 1. States parties are encouraged to conclude bilateral and regional agreements, or other multilateral agreements or to deepen existing agreements for the purpose of preservation of underwater cultural heritage. All these agreements shall be in full conformity with the Convention, I'm not removing the universal character. No Member State may, in the context of such agreements, to adopt rules and regulations to ensure better protection of the underwater cultural heritage than those laid down in this Convention.

2. the parties in bilateral, regional or other multilateral agreements may invite States with legitimate interest, especially cultural, historical or archaeological site, in 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 ships, arising from bilateral agreements, regional or other multilateral agreements concluded before the adoption of this Convention, case may be in accordance with the objectives of this Convention.

Article 7 – Underwater Cultural Heritage in internal waters and territorial sea and arquipelágicas 1. In the exercise of their sovereignty, States parties shall enjoy the exclusive right to regulate and authorize the interventions on the underwater cultural heritage in its internal waters and territorial sea and the arquipelágicas.

2. Without prejudice to other international agreements and rules of international law applicable to the underwater cultural heritage, States parties will do with respect to the application of the rules in the speeches on the underwater cultural heritage that is on their inland waterways and arquipelágicas and in its territorial sea.

3. In the exercise of its sovereignty and in accordance with the general practice observed among States, the States parties, with a view to cooperate towards the adoption of the best methods of protection of ships and aircraft, shall inform the flag State party to this Convention and, where appropriate, the other States with legitimate interests, especially of cultural archaeological, historical or, if the discovery of such vessels or areonaves arquipelágicos waters or territorial sea.

Article 8 – underwater cultural Heritage in the contiguous zone without prejudice and in addition to articles 9 and 10, and in accordance with paragraph 2 of article 303º of the United Nations Convention on the law of the sea, States parties may regulate and authorize interventions on the underwater cultural heritage in its contiguous zone, since they do respect the rules.

Article 9-Declaration and notification in the exclusive economic zone and on the continental shelf 1. It is the responsibility of the States parties to protect the underwater cultural heritage in the exclusive economic zone and on the continental shelf, in accordance with this Convention. Therefore: a) whenever one of its nationals or a ship flying its flag to find out or intend to intervene on the underwater cultural heritage located on its exclusive economic zone or the continental shelf, the State party should require the national or the master of the ship you declare such discovery or intervention;

(b)) in the exclusive economic zone or on the continental shelf of another State party: (i) States parties shall require the national or master of the ship they declare such discovery or intervention, as well as the State party; (ii) Alternatively, the State party will require the national or master of the ship that such discovery or intervention is declared and will ensure the rapid and effective transmission of this statement to all other States parties.

2. When depositing their instruments of ratification, acceptance, approval or accession, the States parties shall specify the manner in which transmitted the information provided for in point (b)) paragraph 1 of this article.

3. States parties shall notify the Director-General of any discovery or intervention be communicated under the provisions of paragraph 1 of this article.

4. The Director-General shall provide promptly to all States parties any information is notified under the provisions of paragraph 3 of this article.

5. Any State party may declare to the State party in whose exclusive economic zone or continental shelf the underwater heritage is its interest in being consulted on how to ensure the effective protection of that underwater cultural heritage. Such a statement should be based on a legitimate interest, especially cultural, historical or archaeological site, in the underwater cultural heritage concerned.

Article 10-protection of the underwater cultural heritage in the exclusive economic zone and on the continental shelf 1. Any authorization for a speech on the underwater cultural heritage located in the exclusive economic zone or on the continental shelf shall be issued in accordance with this article.

2. Any State party in whose exclusive economic zone or continental shelf underwater cultural heritage is situated has the right to ban or permit any intervention on the assets concerned in order to prevent any interference in their sovereign rights or jurisdiction in accordance with international law, including the United Nations Convention on the law of the sea.

3. Whenever a discovery of underwater cultural heritage or any intention to perform an intervention on the underwater cultural heritage in the exclusive economic zone or on the continental shelf of a State party, that State shall: a) refer to all other States parties that have declared their interest in accordance with paragraph 5 of article 9 on how best to protect the underwater cultural heritage;

b) Coordinate such consultations as "Coordinator", unless you declare expressly do not want to take over this function, in which case the States parties which have declared interested in accordance with paragraph 5 of article 9 shall designate a State Coordinator.

4. Without prejudice to the duty of all States parties to protect the underwater cultural heritage through the adoption of all measures considered appropriate in accordance with international law with a view to prevent any immediate danger to the underwater cultural heritage, in particular the loot, the State Coordinator may take all appropriate measures and/or issue all necessary authorizations in accordance with this Convention before any consultation, where appropriate, in order to prevent any immediate danger to the underwater cultural heritage resulting from human activities or another cause, particularly the looting. When adopting such measures, may be required the support of other States parties.

5. The State Coordinator: a) will implement the protective measures that have been agreed between the States consulted, including the State Coordinator, unless the States consulted, including the State Coordinator, agree that these measures are implemented by another State party;

b) will issue all permits that may be required in respect of the measures agreed in accordance with the rules, unless the States consulted, including the State Coordinator, agree that such authorizations are issued by another State party;


c) could lead any preliminary research on the underwater cultural heritage and issue all permits that, as a result, if required, promptly the results of such research to the Director-General, which, in turn, shall provide such information promptly to the other States parties.

6. To coordinate queries, take action, perform preliminary research and/or issuing authorizations according to this article, the State Coordinator will be to act on behalf of the States parties as a whole and not in their own interest. None of these actions can, by itself, constitute grounds for the claim of any preferential rights or jurisdiction not provided for in international law, including the United Nations Convention on the law of the sea.

7. subject to paragraphs 2 and 4 of this article, any intervention on vessels or aircraft of State will be held without the agreement of the flag State or the State Coordinator.

Article 11-Declaration and notification in 1 Area. States parties have a responsibility to protect underwater cultural heritage in the area, in accordance with this Convention and article 149 of the United Nations Convention on the law of the sea. Accordingly, whenever a national or a vessel flying the flag of a State party to discover or intends to perform an intervention on the underwater cultural heritage located in the area , that State party shall require that its nationals or the master of the ship you declare the discovery or the desired intervention.

2. States parties shall notify the Director-General and the Secretary-General of the International Seabed Authority of discoveries or interventions on the underwater cultural heritage that have been declared.

3. The Director-General shall, promptly, to all States parties any information notified to him.

4. Any State party may communicate to the Director-General its interest in being consulted on how to ensure the effective protection of the underwater cultural heritage. Such a statement should be based on a legitimate interest in the underwater cultural heritage concerned, deserving particular consideration the preferential rights of States of cultural, historical or archaeological origin.

Article 12-protection of the underwater cultural heritage 1. Any authorization for a speech on the underwater cultural heritage located 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 in accordance with paragraph 4 of article 11 to carry out mutual consultations on how best to protect the underwater cultural heritage and to designate a State party to coordinate such consultations as "Coordinator". The Director-General shall invite the International Seabed Authority to participate in these consultations.

3. All States parties may take measures deemed appropriate in accordance with this Convention, if necessary before any consultation, to prevent any immediate danger to the underwater cultural heritage resulting from human activities or from any other cause, including looting.

4. The State engineer shall: a) Implement protective measures that have been agreed by the States consulted, including the State Coordinator, unless the States consulted, including the State Coordinator, agree that another State party shall be to implement such measures;

b) Issue all necessary permits on the measures so agreed pursuant to this Convention shall, unless the States consulted, including the State Coordinator, agree that should be another State party to issue such authorizations.

5. The State engineer may perform any preliminary research necessary to understand about underwater cultural heritage and to issue the relevant permits transmitting promptly the results to the Director-General, which, in turn, shall provide this information to the other States.

6. To coordinate queries, take measures, carry out preliminary research and/or issuing authorisations in accordance with this article, the State Coordinator will be acting for the benefit of humanity on behalf of all States parties. Particular attention shall be given preferential rights of States of cultural, historical or archaeological origin in respect of the underwater cultural heritage concerned.

7. No State party shall undertake or authorize interventions on vessels or aircraft in the area without the consent of the flag State.

Article 13-Immunities warships and other ships or military aircraft with State immunity from jurisdiction that operate with non-commercial purposes, in the normal course of operations and are not involved in interventions on the underwater cultural heritage shall not be obliged to declare the findings of underwater cultural heritage in accordance with articles 9, 10, 11 and 12 of this Convention. However, States parties shall ensure that their warships or other ships of State or their military aircraft with immunity from jurisdiction that operate with commercial purposes to observe, as far as possible and reasonable, the provisions of articles 9, 10, 11 and 12 of this Convention, through the adoption of appropriate measures that do not affect operations or operational capabilities of such ships or aircraft.

Article 14-control of entry into the territory, trade and possession States parties shall take measures to prevent the entry into their territory, trade and possession of underwater cultural heritage illicitly exported and/or recovered, where recovery violates the provisions of this Convention.

Article 15-non-utilisation of areas under the jurisdiction of States parties, the States parties shall take measures to prohibit the use of their territory, including seaports and artificial islands, installations or structures under its exclusive control or jurisdiction, for support of interventions on the underwater cultural heritage not in conformity with this Convention.

Article 16-measures relating to nationals and vessels the States parties shall take all appropriate measures to ensure that their nationals and vessels flying their flag do not undertake any interventions on the underwater cultural heritage in violation of this Convention.

Article 17-1 Penalties. Each State party will impose penalties for infringement of the measures taken with a view to implementing this Convention.

2. The penalties imposed for any violation should be sufficiently stringent to ensure compliance with this Convention and to discourage the practice of offences, wherever they occur, and should deprive offenders of the proceeds of their illegal activities.

3. States parties shall cooperate with each other in order to ensure the application of the sanctions provided for in this Article.

Article 18-arrest and treatment of underwater cultural heritage elements 1. Each State party shall take measures aimed at the seizure, on its territory of elements of the underwater cultural heritage that have been recovered with violation of this Convention.

2. The State party has acted to the seizure of underwater cultural heritage elements in implementation of this Convention, shall registration and protection thereof and shall take 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 cultural, historical or archaeological site, in the underwater cultural heritage concerned, of any seizure of underwater cultural heritage features which have granted under this Convention.

4. The State party which granted the seizure of elements of the archaeological heritage shall ensure by its availability for the benefit of the public, taking into consideration the needs of preservation and research, the need to reconstitute a collection disperses, the need for public access, exposure and education, as well as the interests of any State with a legitimate interest , especially cultural, historical or archaeological site, in the underwater cultural heritage concerned. Article 19-cooperation and exchange of information 1. States parties cooperation between themselves and shall carry out mutual consultations with a view to the protection and management of underwater cultural heritage under this Convention, including, if possible, the collaboration in research, excavation, in the documentation, preservation, and study on exploitation of such heritage.

2. to the extent that the objectives of this Convention, each State party shall exchange with other States parties, information in its possession about the underwater cultural heritage, in particular the terms of discovery and the location of assets, with the excavation or recovery of property in violation of the Convention or of other provisions of international law with the appropriate scientific methodology and technology and with the evolution of the law applicable to such assets.


3. The information exchanged between the States parties, or between UNESCO and States parties on the discovery or finding elements of the underwater cultural heritage shall be kept confidential and reserved to the competent authorities of the States parties, in accordance with their internal rights, while the dissemination of such information do endanger or jeopardize the conservation of underwater cultural heritage elements in question.

4. Each State party shall take such measures as it considers appropriate, including, if possible, the use of appropriate international databases to disseminate information about the elements of the underwater cultural heritage excavated or recovered in contravention of this Convention or of international law.

Article 20 – public awareness of each State party shall take such measures as it considers appropriate in order to raise public awareness of the value and significance of underwater cultural heritage and the importance of its protection under this Convention.

Article 21-training in underwater archaeology States parties shall cooperate with each other in order to provide training in underwater archaeology and in techniques of underwater cultural heritage preservation, and to carry out, in accordance with agreed, the transfer of technology related to the underwater cultural heritage.

Article 22-competent authorities 1. With a view to ensuring the proper implementation of this Convention, States parties shall establish competent services or strengthen existing ones, where necessary, in order to create, maintain and update an inventory of underwater cultural heritage, guarantee effectively the protection, preservation, recovery and management of such assets, as well as scientific research and relevant education.

2. States parties shall communicate to the Director-General the names and addresses of the competent services in the field of underwater cultural heritage.

Article 23-the Conference of States parties 1. The Director-General shall convene a Conference of States parties within one year after the entry into force of this Convention and thereafter at least once every two years. The request of a majority of the States parties, the Director-General shall convene an extraordinary Conference of States parties.

2. The Conference of the States parties shall determine their duties and responsibilities.

3. The Conference of the States parties shall adopt its own rules of procedure.

4. the Conference of States parties will be able to create a scientific and technical advisory board composed of experts nominated by the States parties to respect the principles of equitable geographical distribution and a desirable balance between sexes.

5. The Scientific and Technical Advisory Board will provide the necessary support to the Conference of the States parties on scientific and technical issues relating to the implementation of the rules.

Article 24-secretariat of this Convention 1. The Secretariat of this Convention shall be provided by the Director-General.

2. the Secretariat shall have the following functions: to) Organize the conferences of States parties as provided for in paragraph 1 of article 23 ...;

b) Support States parties in the implementation of the decisions taken by the conferences of States parties.

Article 25 peaceful Resolution of disputes-1. Any dispute between two or more States concerning the interpretation or application of this Convention will be the subject of negotiations carried out in good faith or by any other peaceful means of resolving the choice of intervening States.

2. If the dispute is not resolved through negotiations within a reasonable period of time, may be submitted to UNESCO for the purpose of mediation, by agreement between the States concerned.

3. If a case does not proceed to mediation or you cannot get the resolution by mediation, the provisions concerning the settlement of disputes set out in Part XV of the United Nations Convention on the law of the sea shall apply mutatis mutandis to any dispute between States parties to this Convention concerning the interpretation or application of this, no matter if they are or not parties to the United Nations Convention on the law of the sea.

4. Any procedure chosen by a State party to this Convention and the United Nations Convention on the law of the sea in accordance with article 287 of this, will be applied to the settlement of disputes under this article, unless such State party upon ratification, acceptance, approval or accession to this Convention, or at any time thereafter choose any other procedure in accordance with paragraph 1 of article 287 of the 1982 United Nations Convention on the law of the sea for the purpose of settlement of disputes arising from the application of this Convention.

5. At the time of ratification, acceptance, approval or accession to this Convention, or at any time thereafter, any State party to this Convention which is not a party to the United Nations Convention on the law of the Sea you will be able to choose, by means of a written declaration, one or more of the means set out in paragraph 1 of article 287 of the United Nations Convention on the law of the sea for the purpose of resolving disputes pursuant to this article. Article 287 shall apply to such a statement, as well as any dispute in which that State is a party and which is not covered by a declaration in force. For the purposes of conciliation and arbitration in accordance with annexes V and VII to the United Nations Convention on the law of the sea, such a State may appoint conciliators and arbitrators to be included in the lists referred to in article 2 of Annex V and article 2 of Annex VII for the purpose of settlement of disputes arising from the application of this Convention.

Article 26 – ratification, acceptance, approval and accession 1. This Convention shall be subject to ratification, acceptance and approval of the Member States of UNESCO.

2. this Convention shall be subject to accession:) who are not members of UNESCO but are members of the United Nations or of a specialized institution of the system of the United Nations or of the International Atomic Energy Agency, as well as of States parties to the Statute of the International Criminal Court, and any other State invited to accede to this Convention by the General Conference of UNESCO;

(b)) of the territories which enjoy full internal self-government, recognized as such by the United Nations, but not agreed to full independence in accordance with resolution 1514 (XV) of the General Assembly and which have competence in respect of matters dealt with by this Convention, including the competence to enter into treaties on such matters.

3. The instruments of ratification, acceptance, approval or accession shall be deposited with the Director-General.

Article 27-entry into force this Convention shall enter into force three months after the date of deposit of the twentieth instrument referred to in article 26, but only as far as the twenty States or territories that have deposited their instruments. With respect to any other State or territory, the Convention shall enter into force three months after the date on which that State has deposited its instrument.

Article 28-Statement on inland waters when ratifying, accepting, approving or acceding to this Convention, or at any time thereafter, a State or territory may declare that the rules apply to their non-maritime inland waters.

Article 29-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 apply to certain parts of its territory, its internal waters, to arquipélagicas waters or territorial sea, explaining the reasons for such a statement. Such a State should, if and as soon as possible, gather the necessary conditions for the application of this Convention to areas specified in its Declaration, and should withdraw his statement, in whole or in part, as soon as these conditions are met.

Article 30 – Reservations except for article 29, no reservation may be made in respect of this Convention.

Article 31-Amendments 1. Any State party may, by written communication addressed to the Director-General, propose amendments to this Convention. The Director-General shall communicate such notification to all other States parties. If, within six months from the date of transmission of the communication, at least half of the States responding favorably, the Director-General shall submit such a proposal to the forthcoming Conference of the States parties for discussion and possible adoption.

2. Amendments shall be adopted by a two-thirds majority of States parties present and voting.

3. Once adopted, amendments to this Convention shall be subject to ratification, acceptance, approval or accession by States parties.


4. Only in relation to States parties which have ratified, accepted, approved or acceded to them, amendments shall enter into force three months after the deposit of the instruments referred to in paragraph 3 of this article by two-thirds sos States parties. Thereafter, for each State or territory which ratifies, accepts or approves any amendment, or accedes thereto, such amendment shall enter into force three months after the deposit by such party of its instrument of ratification, acceptance, approval or accession.

5. Any State or territory which becomes a party to this Convention after the entry into force of amendments made in accordance with paragraph 4 of this article, and do not express a different intention, be considered: a) party to this Convention, as amended;

b) party to this Convention as amended in respect of States parties which are not bound by such amendment.

Article 32-Denunciation 1. Any State party may, by written notification addressed to the Director-General, denounce this Convention.

2. The denunciation shall take effect twelve months after the date of receipt of the notification, unless it specifies a later date.

3. The denunciation shall not affect, in any way, the duty of any State party to fulfil all the obligations laid down in this Convention for which it would be subject by international law independently of this Convention.

Article 33-the rules the rules annexed thereto shall form an integral part of this Convention and, unless expressly provided otherwise, a reference to this Convention covers the rules. Article 34 – registration with the United Nations In accordance with article 102 of the Charter of the United Nations, this Convention shall be registered with the Secretariat of the United Nations.

Article 35-the equally authentic Texts this Convention has been drawn up in Arabic, Chinese, English, French, Russian and Spanish, the six texts being equally authentic.

ANNEX rules relating to INTERVENTIONS on the UNDERWATER CULTURAL HERITAGE I-General principles Rule 1. In situ preservation as a way to preserve underwater cultural heritage, should be considered a priority. Consequently, interventions on the underwater cultural heritage should only be authorised if the procedure is compatible with the protection of that heritage and can only be authorized if, subject to such requirement, also contribute significantly to the protection, knowledge or appreciation of that heritage.

Rule 2. The commercial exploitation of underwater cultural heritage for the purposes of speculation or transaction, or its irreversible dispersal, is incompatible with the protection and proper management. The elements of the underwater cultural heritage should not be traded, purchased or bartered as if they were goods of a commercial nature.

This Rule cannot be interpreted as prohibiting: a) the provision of professional archaeology or incidental services required, whose nature and purpose are in full conformity with the present Convention, subject to authorization from the competent services;

b) the elements of the underwater cultural heritage retrieved as part of a research project in accordance with this Convention, since such a deposit is not contrary to scientific or cultural interest or to the integrity of the recovered material or resulting in their irreversible dispersal, conforms with rules 33 and 34 and be subject to authorisation by the competent services.

Rule 3. The interventions on the underwater cultural heritage shall not affect him negatively more than necessary for the achievement of the objectives of the project.

Rule 4. The interventions on the underwater cultural heritage must resort to methods and non-destructive prospecting techniques, and give preference to the recovery of objects. If excavation or recovery is found to be necessary for scientific study or for permanent protection of the underwater cultural heritage, the techniques and methods to use should be the least destructive as possible and contribute to the preservation of the remains.

Rule 5. The interventions on the underwater cultural heritage shall not disturb unnecessarily the human remains or venerated sites.

Rule 6. The interventions on the underwater cultural heritage must be strictly regulated so that the registration of the cultural, historical and archaeological information is properly carried out.

Rule 7. Should be promoted public access to in situ underwater cultural heritage, unless if mostar is incompatible with the protection and management of the site.

Rule 8. International cooperation in the field of intervention on the underwater cultural heritage shall be encouraged, in order to encourage fruitful exchanges between archaeologists and experts of other related professions, as well as a better use of their skills. II-project plan Rule 9. Before any intervention on the underwater cultural heritage should be elaborated a project plan, to be submitted to the competent authorities, with a view to the necessary assessment and authorization.

Rule 10. The project plan should include: a) A summary of previous studies or preliminaries;

b) the statement of the project and its objectives;

c) methodology and techniques to be employed;

d) the financing plan;

and the timing of the implementation of) project;

f) team composition and qualifications, roles and experience of each Member of the team;

g) the program of analysis and other activities to be carried out after the field work;

h) a program of preservation of archaeological material and the site, to perform in close cooperation with the competent authorities;

I) the policy on the management and maintenance of the site during the implementation of the project;

j) a program of documentation;

k) a security plan;

l) An environmental impact plan;

m) the modalities of collaboration with museums and other institutions, in particular scientific institutions;

n) a plan for preparation of reports;

the) the arrangements for deposit of files, including the underwater cultural heritage elements retrieved; and p) the disclosure program.

Rule 11. The interventions on the underwater cultural heritage shall be conducted in accordance with the project plan approved by the competent authorities.

Rule 12. In the event of unforeseen discoveries or changed circumstances, the project plan should be reviewed and corrected, with the approval of the competent authorities.

Rule 13. In case of an emergency or unforeseen discoveries, interventions on the underwater cultural heritage, including the measures or short-term preservation activities, in particular the stabilization of the site, may be authorized in the absence of a project plan, for the purpose of protection of the underwater cultural heritage.

III-preliminary work Rule 14. The preliminary work referred to in subparagraph (a)) of Rule 10 should include an assessment of the significance of underwater cultural heritage and the natural surroundings, as well as the damage that would result from the proposed project, and even the possibility of being collected data in order to achieve the objectives of the project.

Rule 15. The evaluation should also include basic studies on historical and archaeological information available, the archaeological and environmental characteristics of the site, and the consequences of any potential intrusion for the long-term stability of the underwater cultural heritage subject of interventions.

IV-Objective, methodology and techniques of draft Rule 16. The methodology must comply with the objectives of the project and the techniques used must be the least intrusive possible.

V-Funding Rule 17. Before any intervention, except in cases of urgency to protect the underwater cultural heritage, should be guaranteed a proper funding base sufficient to complete all phases of the project plan, including the preservation, documentation and preservation of archaeological material, as well as the preparation and dissemination of the reports.

Rule 18. The project plan must ensure that the financing capacity of this to its conclusion, through, for example, the provision of security.

Rule 19. The project plan should include a contingency plan that ensures the preservation of underwater cultural heritage and the correlative documentation in case of interruption of funding.

VI-project duration – timetable Rule 20. Before any intervention, must be drawn up on a suitable schedule to ensure compliance with all phases of the project plan, including the preservation, documentation and preservation of underwater cultural heritage elements retrieved, as well as the preparation and dissemination of reports.

Rule 21. The project plan should include a contingency plan that ensures the preservation of underwater cultural heritage and the correlative documentation in case of any interruption or early completion of the project.

VII-competence and qualifications


Rule 22. The interventions on the underwater cultural heritage can only be carried out under the direction and control, and with the regular presence of a qualified underwater archaeologist, with appropriate scientific competence to draft.

Rule 23. All elements of the project team should have qualifications and experience appropriate to their duties on the project.

VIII-preservation and management of the site Rule 24. The preservation program provides for the treatment of archaeological remains during the interventions on the underwater cultural heritage, transport and in the long run. The preservation should be carried out in accordance with current professional standards.

Rule 25. The site management program provides for the protection and management in situ of underwater cultural heritage, during and after the completion of the field work. The program includes public information, implementing reasonable means for the stabilization, monitoring and site protection against interference.

IX-26 Rule Documentation. The program of the documentation detailed documentation of interventions on the underwater cultural heritage, including progress reports, in accordance with current professional standards relating to the archaeological documentation.

Rule 27. The documentation shall include, at least, a detailed inventory of the site, including an indication of the origin of the elements of the underwater cultural heritage moved or removed in the course of operations, field notes, plans, drawings, and photographs or records sections in other media.

X-safety Rule 28. Must be a proper security plan that guarantees the safety and health of members of the team in charge of execution of the project and of other participants, in accordance with the legal requirements and existing professionals.

XI-environment Rule 29. Must be prepared an environmental impact plan suited to prevent any undue disturbance of the seabed and marine life.

XII-30 Rule Reports. The progress reports and the final report should be available on the date provided for in the project plan and are deposited in public archives.

Rule 31. The reports shall include: a) a statement of the objectives;

b) a statement of the methods and techniques employed;

c) a statement of the results obtained;

(d) the graphic and photographic documentation is essential at all stages of intervention;

and) The recommendations relating to the conservation and preservation of the site and the elements of the underwater cultural heritage removed;

f) recommendations for future interventions.

XIII-conservation of Rule 32 project files. The methods of conservation of the project files must be agreed before any intervention and should be included in the project plan.

Rule 33. The project files, including any element of the underwater cultural heritage removed and a copy of all related documentation should, if possible, remain intact and together, in the form of collection, so that they are accessible to professionals and to the public, ensuring also its conservation. This procedure should be implemented as quickly as possible, not later than ten years after the completion of the project, provided that this is compatible with the preservation of underwater cultural heritage.

Rule 34. The files of the project must be managed in accordance with the international professional standards and subject to the authorisation of the competent authorities.

XIV-Disclosure Rule 35. The project should provide, whenever possible, the educational measures and the presentation of its results to the general public.

Rule 36. The final report of any project should be: a) made public as soon as possible, taking into account the complexity of the project and the confidential or sensitive information contained therein; and (b)) deposited in public archives.

The text above is the authentic text of the Convention duly adopted by the General Conference of the United Nations Educational, scientific and Cultural Organization during its thirty-first session, held in Paris and ended on the third day of the month of November 2001.

In WITNESS WHEREOF, the undersigned signed their signatures to 6 November 2001.

The President of the General Conference the Director-General (signature) (signature) certified copy Paris,......................

Done in Paris, this second day of November 2001, in two copies, bearing the authenticated signature of the President of the thirty-first session of the General Conference of the United Nations Educational, scientific and Cultural Organization and the Director-General, which shall be deposited in the archives of the United Nations Educational, scientific and Cultural Organization , whose copies are authenticated and sent to all the States referred to in article 26, as well as to the United Nations.



Convention on the protection of the underwater cultural heritage Article 1: Definitions For the purposes of this Convention: 1. "Underwater cultural heritage" means all traces of human existence having a cultural, historical or archaeological character which have been partially or totally under water, periodically or continuously, 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 copies thereof, their cargo or other contents, together with their archaeological and natural context; and (iii) objects of prehistoric character. (b) Pipelines and cables placed on the seabed shall not be considered as underwater cultural heritage. (c) Installations other than pipelines and cables, placed on the seabed and still in use, shall not be considered as 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 copies thereof, 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 indirectly, physically disturb or otherwise damage underwater cultural heritage. 7. "Activities incidentally affecting underwater cultural heritage" means activities which, despite not having underwater cultural heritage as their primary object or one of their objects, may physically 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, 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 cultural heritage. 2. States Parties shall cooperate 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 jointly 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 deposited, conserved and managed in a manner that ensures 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 interpreted as modifying 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 note or document in situ underwater cultural heritage shall be encouraged to create public awareness, appreciation, and protection of the heritage except where such access is incompatible with its protection and management. 11. In the act or activity undertaken on the basis of this Convention shall constitute grounds for claiming, contending or disputing any claim to national sovereignty 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 interpreted 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) ensures that any recovery of the underwater cultural heritage achieves its maximum protection. Article 5: Activities incidentally affecting 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 incidentally affecting underwater cultural heritage.

Article 6: Bilateral, regional or other multilateral agreements 1. States Parties are encouraged 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 underwater cultural 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 a 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 sovereignty, have the exclusive right to regulate 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 sovereignty and in recognition of general practice among States, States Parties, with a view to cooperating on the best methods of protecting State vessels and aircraft, should inform the flag State Party to this Convention and, if applicable, other States with a verifiable link, especially a 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 regulate 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. Accordingly: (a) a State Party shall require that when its national, or a vessel flying its flag, discovers or February 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) alternatively, 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, a State Party shall state 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 promptly make 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 consulted on how to ensure the effective protection of that underwater cultural heritage. Such declaration shall be based on a verifiable link, especially a 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. The 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 prohibit or authorize any activity directed at such heritage to prevent interference with its sovereign rights or jurisdiction as 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 that activity shall be directed at underwater cultural heritage in the 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 "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 promptly inform the Director-General of the results, who in turn will make such information promptly available to other States Parties. 6. In coordinating consultations, taking measures, conducting preliminary research and/or issuing authorizations pursuant 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 constitute the basis for the assertion of any preferential 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 # conducted 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. Accordingly when the national, or a vessel flying the flag of a State Party, discovers or February 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 Secretary General of the International Seabed Authority of such discoveries or activities reported to them. 3. The Director-General shall promptly 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 consulted 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 preferential rights of States of cultural, historical or archaeological origin.

Article 12: Protection of underwater cultural heritage in the Area 1. The 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 promptly 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 issuing authorizations pursuant 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 preferential rights of States of cultural, historical or archaeological origin in respect of the underwater cultural heritage concerned. 7. The State Party shall undertake or authorize activities directed at State vessels and aircraft in the Area without the consent of the flag State.

Article 13: Sovereign immunity Warships and other government ships or military aircraft with sovereign immunity, operated for non-commercial purposes, undertaking their normal mode of operations, and not engaged in activities directed at underwater cultural heritage shall not be obliged 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 immunity operated for non-commercial purposes, and that they comply, as far as is reasonable and practicable, with Articles 9, 10, 11 and 12 of this Convention.

Article 14: Control of entry into the territory, dealing and possession States Parties shall take measures to prevent the entry into their territory, the dealing in, or the possession of, underwater cultural heritage illicitly exported and/or recovered, where recovery was contrary to this Convention.

Article 15: Non-use of areas under the jurisdiction of States Parties States Parties shall take measures to prohibit 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 impose 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 wherever they occur and shall deprive offenders of the benefit deriving from their illegal activities. 3. States Parties shall cooperate to ensure enforcement of sanctions imposed under this Article.

Article 18: Seizure and disposition of underwater cultural heritage 1. Each State Party shall take measures providing for the seizure of underwater cultural 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 a 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. A 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 the dispersed collection; the need for public access, exhibition and education; and the interests of any State with a verifiable link, especially a cultural, historical or archaeological link, in respect of the underwater cultural heritage concerned.

Article 19: Cooperation and information-sharing 1. States Parties shall cooperate 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 underwater cultural heritage, including discovery of heritage, location of heritage, heritage excavated or recovered contrary 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 feasible through appropriate international databases, about underwater cultural heritage excavated or recovered contrary 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 protecting it under this Convention.

Article 21: Training in underwater archaeology States Parties shall cooperate 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 reinforce 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 the States Parties within one year of the entry into force of this Convention and thereafter 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 composed 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 appropriately 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 settle 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 undertaken 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 the 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, accepting, approving or acceding to this Convention, or at any time thereafter, 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, accepting, approving or acceding to this Convention or at any time thereafter 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 conciliation and arbitration, in accordance with Annexes V and VII of the United Nations Convention on the Law of the Sea, such State shall be entitled to 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 accession 1. This Convention shall be subject to ratification, acceptance or approval by Member States of UNESCO. 2. This Convention shall be subject to accession: (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 by States Parties to the Statute of the International Court of Justice and any other State invited to access 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 attained full independence in accordance with General Assembly resolution 1514 (XV) and which have competence over the matters governed by this Convention, including the competence to enter into treaties in respect of those matters. 3. The instruments of ratification, acceptance, approval or accession shall be deposited 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 greyscale with respect to the twenty States or territories that have so deposited their instruments. It shall enter into force for each other State or territory three months after the date on which that State has deposited its instrument or territory.

Article 28: Declaration as to inland waters When ratifying, accepting, approving or acceding to this Convention or at any time thereafter, 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, accepting, 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 therein 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: Amendments 1. A State Party may, by written communication addressed to the Director-General, propose amendments 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. Amendments shall be adopted by a two-thirds majority of States Parties present and voting. 3. Once adopted, amendments to this Convention shall be subject to ratification, acceptance, approval or accession by the States Parties. 4. Amendments shall enter into force, but greyscale with respect to the States Parties that have ratified, accepted, approved or acceded to them, three months after the deposit of the instruments referred to in paragraph 3 of this Article by two thirds of the States Parties. Thereafter, for each State or territory that ratifies, accepts, approves or accedes to it, the amendment shall enter into force three months after the date of deposit by that Party of its instrument of ratification, acceptance, approval or accession. 5. A State or territory which becomes a Party to this Convention after the entry into force of amendments in conformity with paragraph 4 of this Article shall, failing an expression of different intention by that State or territory, be considered: (a) as a Party to this Convention as so amended; and (b) a Party to the unamended Convention in relation to any State Party not bound by the amendment. Article 32: Denunciation 1. A State Party may, by written notification addressed to the Director-General, denounce this Convention. 2. The denunciation shall take effect twelve months after the date of receipt of the notification, unless the notification specifies a later date. 3. The denunciation 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 independently of this Convention.

Article 33: The Rules The Rules annexed to this Convention form an integral part of it and, unless expressly provided otherwise, a 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.



Annex: 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. Accordingly, 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 speculation or its irretrievable breakdown dispersal is fundamentally incompatible with the protection and proper management of underwater cultural heritage. Underwater cultural heritage shall not be traded, sold, bought or bartered as commercial goods. This Rule cannot be interpreted as preventing: (a) the provision of professional archaeological services or necessary services incidental thereto 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 the 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 breakdown 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 adversely 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 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 encouraged 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, the 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 anticipated 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-analysis fieldwork 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) a 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 (d) the programme for 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 general circumstances change, the project design shall be reviewed and amended with the approval of the competent authorities.

Rule 13. In cases of urgency or chance discoveries, activities directed at underwater cultural heritage, including the conservation measures or activities for the period of short duration, in particular site stabilization, may be authorized in the absence of the 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 surrounding 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 site, 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 comply 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 the 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 anticipated funding.

VI. Project duration – timetable Rule 20. An adequate timetable shall be developed to assure 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, as well as 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 undertaken under the direction and control of, and in the presence of regular, qualified underwater archaeologist with scientific competence appropriate to the project.

Rule 23. All persons on the project team shall be qualified and have demonstrated 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 thorough documentation including the 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 site, including the provenance of underwater cultural heritage moved or removed in the course of the activities directed at underwater cultural heritage, field notes, plans, drawings, sections, and photographs 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 deposited 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 a copy of all supporting documentation shall, as far as possible, be kept together and intact as 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 the 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) deposited in relevant public records.

The foregoing is the authentic text of the Convention adopted by the Surani 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 deposited 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.