Rs 0.444.132.11 Agreement Of 14 April 2010 Between The Swiss Federal Council And The Government Of The Arab Republic Of Egypt Regarding The Importation And Transit Illicit As Well As The Return Of Antiquities To Their Place Of Origin (With Annex)

Original Language Title: RS 0.444.132.11 Accord du 14 avril 2010 entre le Conseil fédéral suisse et le Gouvernement de la République arabe d’Egypte concernant l’importation et le transit illicites ainsi que le retour d’antiquités à leur lieu d’origine (avec annexe)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
0.444.132.11 original text agreement between the Swiss federal Council and the Government of the Arab Republic of Egypt concerning importation and illegal transit as well as the return of antiquities to their place of origin concluded on 14 April 2010 came into force by Exchange of notes on 20 February 2011 (State on February 20, 2011) preamble to reaffirm the bonds of cooperation between the Swiss Confederation and the Arab Republic of Egypt considering that fruitful cooperation between the two States concerning the return of illegally exported antiquities will strengthen these relationships, recognizing the uniqueness of the Antiquities of each country and the importance of preventing the importation and these antiquities illegal transfer, whereas the exchange of cultural goods between nations in a purpose scientific, cultural and education increases the expertise of humanity, enriches the culture of all peoples and enhances the respect and esteem mutual between nations considering the importance to maintain and preserve the cultural heritage in accordance with the principles of the UNESCO Convention of 1970 on the measures to be taken to prohibit and prevent the import, export and transfer of ownership illicit cultural property, the Swiss federal Council and the Government of the Arab Republic of Egypt, referred hereinafter as "States parties", have agreed to the following : Art. 1 the purpose of this agreement the purpose of this agreement is to identify methods of co-operation to prevent the import and transit of Antiquities exported illegally from the territory of one of the States parties and brought on the territory of the other State party and set the recovery procedure, as well as measures for the protection of these antiquities until they return.

Art. 2 definitions and classifications this agreement is applicable to the objects referred to in the annex to this agreement, and defined by two States parties as antiques under the internal law of each of them.
Mutual legal assistance under the mutual legal assistance treaty in criminal matters between the Swiss Confederation and the Arab Republic of Egypt on 7 October 2000 apply to antiques that are not mentioned in the annex.

SR 0.351.932.1 art. 3 import ban the import and the transit of Antiquities exported illegally from their respective territories are prohibited.

Art. 4 legal proceedings, jurisdiction and law applicable (1) a State party may bring one action in return from the other State party to recover an antique which would have been illicitly imported on the territory of that State.
(2) the action may be made to the competent courts of the State where antiquity that would have been illegally exported.
(3) the terms of the action in turn are governed by the domestic law of the State party where antiquity to return.
(4) the requesting State is required to prove that antiquity belongs to one of the categories listed in the annex and that it was imported illegally in the other State party after the entry into force of this agreement.
(5) the applicant in return for State action is prescribed by one year from the time when the competent authority within the meaning of art. 11 of this agreement had knowledge of the whereabouts of the object and of the identity of the owner.
(6) this agreement contains nothing that can be construed as waiver of one of the Parties to its right to request mutual legal assistance for criminal cases in accordance with the Treaty on mutual legal assistance in criminal matters between the Swiss Confederation and the Arab Republic of Egypt on 7 October 2000, even for illicit activities that took place before this agreement.

SR 0.351.932.1 art. 5 obligations of the competent authorities the competent authority, within the meaning of art. 11 of the agreement of the State party where antiquity, advises and assists the State party requesting for the localization of antiquity, to the choice of the competent judge, for in contact with legal representatives and experts. The State party where antiquity will also take the necessary measures for the protection of ancient times until his return in his country of origin.

Art. 6 fees and compensation (1) the costs of insurance, the preservation and the return of an antique measures are imputable to the applicant State.
(2) the requesting State is required to pay compensation to anyone who must return an antique which he had acquired in good faith. The amount of compensation is fixed by the competent court of the State party in which the action has been brought in accordance with domestic law. The applicant can appeal the decision.
(3) a State party may ask the other financial support to help pay such compensation.
(4) antiquity must not be returned until compensation is paid. The State where the object maintains the requesting State giving antiquity the best possible protection until his return.

Art. 7 obligation to communicate. States parties are required to communicate the content of this agreement to the administrative and competent authorities concerned and the authorities of the art trade, customs and criminal, authorities police tourism and Antiquities as well as art dealers.

Art. 8 exchange of information (1) States parties inquiring through their competent authorities within the meaning of art. 11, illicit imports, theft, looting, loss or any other event affecting antiques.
(2) States parties shall inform each other and without delay of any change in the law in the field of the transfer and the protection of Antiquities.

Art. 9 waiver of customs and other similar taxes under this agreement, the Parties will not apply the rights of customs or other similar taxes on items in return.

Art. 10 cooperation international States parties involved in the execution of the present agreement in collaboration with the relevant international institutions in combating the illegal transfer of cultural goods as the United Nations Organization for education, science and culture (UNESCO), the international organization of criminal police (Interpol), the international Council of museums (ICOM) and the World Customs (WCO) Organization.

Art. 11 competent authorities (1) the competent authorities for the execution of this agreement are: a. to the Swiss Confederation: the service specialized international transfer of cultural property, federal Office of culture; (b) for the Arab Republic of Egypt: Supreme Council of Antiquities.

(2) they are empowered to work directly with each other as part of their responsibilities.

Art. 12 monitoring the States parties monitor periodically the implementation of this agreement and propose any changes. Representatives of States parties meet at the request of a State party to discuss questions relating to the application of this agreement. They can also discuss proposals which are likely to promote their cooperation in the field of cultural exchanges.

Art. 13 settlement of disputes the competent authorities within the meaning of art. 11 of this agreement solved by negotiation any dispute concerning its interpretation or implementation. If the dispute is not resolved within six months, we proceed to arbitration in accordance with the rules of the Permanent Court of arbitration in the Hague.

Art. 14 reports with international conventions/treaties this agreement does not affect the obligations of States parties under other international, multilateral agreements or bilateral to which they are parties.

Art. 15 entry into force, timing and consequences of extinction (1) this Agreement shall enter into force on the date on which two States parties are mutually notified is the fulfillment of the legal procedures required for the entry into force of this agreement.
(2) this agreement is concluded for a period of five years from the date of its entry into force. It is each time renewed tacitly for periods of five years unless written denunciation of one of the parties six months before the deadline. The termination of this agreement does not affect in return pending actions.
(3) this agreement and its annexes may be amended by mutual consent of the States parties. The changes take effect in accordance with the procedure contained in the by. 1 of the present article.
Cairo, April 14, 2010, in triplicate in french, Arabic and English, the three texts have the same legal value. In case of divergence of interpretation, the English text shall be authentic.

Annex Categories of Egyptian Antiquities and Swiss the following categories apply to antiques dating from pre-history to 1500 ap. j.-c.
I. stone

A. architectural and decorative Elements or fragments: in granite, sandstone, limestone, Tuff, marble and other stone types. Elements of construction / architectural belonging to various types of graves and burial sites, sacred sites and places Holy, habitats and residential buildings, such as capitals, pilasters, columns with various crowns and decorations, acroterums, friezes, amounts of window, mosaics and various other objects and elements of marquetry and marble flooring, etc.
B. Reliefs intaglio: on different types of stone. Altars, headstones, gravestones, epigraphs, etc.
C. Bas-reliefs: on limestone or other types of stone. Reliefs on stone reliefs on tombstones, sarcophagi with or without décor, stelae, funerary urns, décor, etc.
D. Sculptures/Statues: limestone, marble and other stone types. Funerary and votive statues, busts, statues, burial sites, etc.
E. Tools/utensils: flint and other types of stone. Different tools, like e.g. blades of knives and daggers, axes, utensils for craft activities, etc.
F. weapons: Slate, Flint, limestone, sandstone, and other types of stone. Tips of arrows, shields, cannonballs, etc.
G. jewelry/costumes: in different types of stone, precious and semiprecious stones. Pendants, beads, crimps for rings, etc.
II. Metal a. Statues, statues/busts: nonferrous metal, rare precious metal. Representations of animals, men or gods, portraits and portrait bust, etc.
B. containers: iron, nonferrous metal and rare precious metal. Cauldrons, buckets, drums, posts, sieve, etc.
C. iron and nonferrous metal lamps. Lamps and fragments of candlesticks, etc.
D. jewelry/costumes: nonferrous metal, rare precious metal. Bracelets, necklaces and ankle towers, rings, beads, needles, clasps, buckles and belt pads, pendants, etc.
E. Tools/utensils: iron and nonferrous metal and rare precious metal. Hatchets, axes, sickles, knives, pliers, hammers, bits, styles, spoons, keys, clasps, harness for horses, horseshoes, obstacles, bells, etc.
F. weapons: iron and nonferrous metal. Daggers, swords, spear tips, tips of arrows, knives, shields rivets, cannon balls Cannon, helmets, armor, etc.
III. ceramic a. containers: in fine ceramics and coarse ceramics of various hues, partly decorated, painted, coated, enameled. Containers manufactured locally or imported. Pots, plates, dishes, cups, containers, bottles, amphoras, sieve, etc.
B. Tools/utensils: ceramic. Tools for craft activities and various utensils, etc.
C. lamps: ceramic. Lamps to oil and tallow of various forms, etc.
D. Statuettes: ceramic. Representation of men, divinities, of animals and body parts, etc.
E. tiles for stoves/architectural elements: ceramic, always glazed tiles. Coatings and architectural terracottas. Tiles in buckets, tiles with decorated leaves, tiles to niche, tiles of moldings, tiles of angle, cornice, tiles and tiles decorated/stamped tiles, etc.
IV. glass and glass/earthenware A. containers block: colorless or tinted glass. Bottles, cups, glasses, cups, seals for bottles, etc.
B. jewelry/costumes: colorless or tinted glass. Bracelets, beads, marbles, decorative elements, etc.
C. amulets: beetles, seals and seal impressions, etc.
V. Os/ivory a. arms: bone, ivory and Horn. Arrowheads, harpoons, etc.
B. containers: in bone and ivory. Fragments of containers, etc.
C. Tools/utensils: bone, Horn and ivory. Punches, chisels, cognees, axes, needles, awls, combs and items decorated, etc.
D. jewelry/costumes: bone, Horn, ivory and animal teeth. Needles, pendants, etc.
VI. wood a. arms: in different types of wood. Arrows, bows, etc.
B. Tools/utensils: in different types of wood. Sleeves of axes of stone, adzes, spoons, knife handles, combs, wheels, desks, etc.
C. containers: in different types of wood. Various wooden containers, etc.
VII. leather/cloth/different organic materials A. accessories for weapons: leather. Shields, strips etc.
B. clothing: leather, fabric and plant fibers. Shoes/sandals, clothing, etc.
C. Tools: plant fibres and leather. Nets, quivers for arrows, etc.
(D) containers: vegetable fibre. Different containers, woven, sewn, etc.
E. jewelry/costumes: shell, lignite, etc. Bracelets, beads, etc.
VIII. paint A. murals: on plaster. Frescoes with different patterns, etc.
IX. Amber A. jewelry/costumes: amber. Fragments of figurative or simple jewelry, etc.
X. Papyrus/manuscripts A. Papyrus with paintings or symbols, etc.
B. manuscripts written on leather, paper, etc.
XI. mummies mummies human and animal complete, parts of mummies, skeletons, skulls, etc.

State on February 20, 2011

Related Laws