Key Benefits:
Original text
(State on 20 February 2011)
Preamble
Wishing to reaffirm the existing cooperation between the Swiss Confederation and the Arab Republic of Egypt,
Whereas fruitful cooperation between the two States concerning the return of illicitly exported antiquities will strengthen these links,
Recognising the uniqueness of the antiquities of each country and the importance of preventing the import and illicit transfer of antiquities,
Whereas the exchange of cultural property among nations for scientific, cultural and educational purposes increases the know-how of humanity, enriches the cultural life of all peoples and increases mutual respect and esteem between the two Nations,
Considering the importance of preserving and preserving cultural heritage in accordance with the principles of the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Import, Export and Transfer of Illicit ownership of cultural property 1 ,
The Swiss Federal Council and the Government of the Arab Republic of Egypt, hereinafter referred to as the "States Parties",
Agreed to the following:
The objective of this Agreement is to identify methods of cooperation aimed at preventing the import and transit of antiquities unlawfully exported from the territory of one of the States Parties and brought to the territory of the other State Party and Settle the recovery procedure, as well as the measures to protect these antiquities until their return.
This Agreement shall apply to the objects set out in the Annex to this Agreement, and defined by the two States Parties as antiques in accordance with the domestic law of each of them.
Mutual legal assistance provided for in the Treaty on Mutual Assistance in Criminal Matters between the Swiss Confederation and the Arab Republic of Egypt of 7 October 2000 1 Applies to antiquities that are not listed in the schedule.
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The import and transit of illegally exported antiquities from their respective territories is prohibited.
(1) A State Party may bring an action in return with the other State Party to recover an antiquity that would have been illegally imported into the territory of that State.
(2) The action may be brought before the competent courts of the State in which the antiquity is found to have been unlawfully exported.
(3) The terms of return shall be governed by the internal law of the State Party where the antiquity is to be returned.
(4) The requesting State shall be required to prove that the antiquity belongs to one of the categories listed in the Annex and that it has been unlawfully imported into the other State Party after the entry into force of this Agreement.
(5) The return action of the requesting State shall be limited to one year from the time when the competent authority within the meaning of s. 11 of this Agreement has knowledge of the location of the object and identity of the possessor.
(6) Nothing in this Agreement shall be construed as the waiver by any Party of its right to request mutual legal assistance in criminal matters in accordance with the Treaty on Mutual Assistance in Criminal Matters between the Swiss Confederation and the Arab Republic of Egypt of 7 October 2000 1 , even for illicit activities that took place prior to this Agreement.
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The competent authority, as defined in Art. 11 of this Agreement, of the State Party where the antiquity is located, advises and assists the requesting State Party for the location of antiquity, for the choice of the competent judge, for contact with legal representatives and experts. The State Party where the antiquity is located will also take the necessary measures for the protection of antiquity until his return to his country of origin.
(1) The costs of insurance, preservation and return of an antiquity shall be chargeable to the requesting State.
(2) The requesting State shall be required to pay fair compensation to any person who shall return an antiquity which he had acquired in good faith. The amount of the compensation shall be fixed by the competent court of the State Party in which the action was brought in accordance with domestic law. The requesting Party may appeal the decision.
(3) A State Party may request financial assistance from the other State to assist in the payment of such compensation.
(4) The antiquity shall not be returned before the allowance is paid. The State in which the object is located supports the requesting State by granting antiquity the best possible protection until its return.
States Parties shall be required to communicate the content of this Agreement to the administrative and competent authorities concerned, such as the authorities of the art trade, the customs and criminal authorities, the tourist and antiquities police, and Art dealers.
(1) States Parties shall inform themselves through their competent authorities within the meaning of s. 11, illegal imports, theft, looting, loss or any other event affecting antiquities.
(2) The States Parties shall inform each other and without delay any modification of the internal law in the field of the transfer and protection of antiquities.
Under this Agreement, the Parties will not apply customs duties or other similar taxes on objects in return.
The States Parties shall work for the implementation of this Agreement in cooperation with the relevant international institutions in the fight against the illegal transfer of cultural property such as the United Nations Educational, Scientific and Cultural Organization Culture (UNESCO), the International Criminal Police Organization (Interpol), the International Council of Museums (ICOM) and the World Customs Organization (WCO).
(1) The competent authorities for the implementation of this Agreement shall be:
(2) They shall have the right to cooperate directly with each other within the framework of their duties.
States Parties shall periodically monitor the implementation of this Agreement and shall propose amendments where appropriate. Representatives of the States Parties shall meet at the request of a State Party to discuss all matters relating to the implementation of this Agreement. They can also discuss proposals that are likely to foster their cooperation in the field of cultural exchanges.
The competent authorities within the meaning of Art. 11 of this Agreement shall settle any dispute concerning its interpretation or implementation by negotiation. If the dispute is not resolved within six months, arbitration shall be conducted in accordance with the Rules of the Permanent Court of Arbitration at The Hague.
This Agreement shall not affect the obligations of States Parties contracted under other international, multilateral or bilateral agreements to which they are parties.
(1) This Agreement shall enter into force on the date on which the two States Parties have notified each other of the completion of the legal procedures required for the entry into force of this Agreement.
(2) This Agreement shall be concluded for a period of five years from the date of its entry into force. Each time it is renewed tacitly for periods of five years, unless written notice is given by one of the parties six months before the deadline. The termination of this Agreement shall not affect the actions in return pending.
(3) This Agreement and its Annexes may be amended by mutual consent of the States Parties. The amendments will enter into force in accordance with the procedure set out in par. 1 of this article.
Done at Cairo on 14 April 2010, in triplicate in French, Arabic and English, all three texts have the same legal value. In the event of a discrepancy of interpretation, the English text shall be authentic.
The following categories apply to antiquities dating from prehistory to 1500 AD. J.-C.
I. Peter
A. Architectural and decorative elements or fragments: Granite, sandstone, limestone, tuff, marble and other stone types. Construction/architectural elements belonging to various types of tombs and burial sites, sacred sites and holy sites, habitats and residential buildings, such as hats, pilasters, columns with various crowns and Decorations, acrotters, friezes, window amounts, mosaics and various other objects and elements of marquetry and marble flooring, etc.
B. Hollow relief: On different types of stone. Autels, tombstones, steles, epigraphs, etc.
C. reliefs: On limestone or other stone types. Reliefs on stone, reliefs on tombstones, sarcophagi with or without decoration, funeral urns, stelae, elements of decor, etc.
D. Sculptures/Statues: Limestone, marble and other stone types. Funeral and votive statues, busts, statuettes, funerary sites, etc.
E. Tools/utensils: Flint and other stone types. Different tools, such as p. Ex. Blades of knives and daggers, axes, utensils for craft activities, etc.
Armes: In slate, flint, limestone, sandstone and other stone types. Arrows of arrows, shields, cannon balls, etc.
G. Bijoux/costumes: In various types of stone, precious and semi-precious stones. Pendant, beads, rings, etc.
II. Metal
Statues/Statuettes/Bustes: Non-ferrous metal, rare precious metal. Representations of animals, men or deities, portraits and portraits in bust, etc.
B. Containers: Non-ferrous metal, of rare precious metal and iron. Heating, buckets, timbers, posts, sieves, etc.
C. Lamps Non-ferrous and iron metal. Lamps and fragments of candlesticks, etc.
D. Jewellery/Costume: Non-ferrous metal, of rare precious metal. Bracelets, necklaces and ankle towers, rings, beads, needles, fibulae, buckles and belt toppings, pendants, etc.
E. Tools/utensils: Of iron and non-ferrous metal, of rare precious metal. Cognants, axes, sickles, knives, forceps, hammers, drill bits, styles, spoons, keys, clasps, horse harness, horseshoes, bells, bells, etc.
Armes: Of iron and non-ferrous metal. Poignards, swords, spear tips, arrowheads, knives, shields rivets, cannon balls, helmets, armour, etc.
III. Ceramics
A. Containers: Fine ceramic and coarse ceramic of various shades, partly decorated, painted, coated, enamelled. Containers made on site or imported. Pots, plates, dishes, cups, small containers, bottles, amphorae, sieves, etc.
B. Tools/utensils: Ceramic. Tools for artisanal activities and various utensils, etc.
C. Lampes: Ceramic. Oil and tallow lamps of various shapes, etc.
D. Statuettes: Ceramic. Representation of men, deities, animals and body parts, etc.
E. Rings/Architectural Elements: Ceramic tiles, always enamelled tiles. Architectural earthenware and coatings. Godets, decorated leaf tiles, niche tiles, mouldings, corner tiles, cornice tiles, tiles and decorated/punched tiles, etc.
IV. Glass and glass paste/faïence
A. Containers: In tinted or colourless glass. Flacons, cups, glasses, cups, bottles for flasks, etc.
B. Jewellery/Costume: In tinted or colourless glass. Bracelets, beads, beads, decorative elements, etc.
C. Amulets: Scarab, seals and printing of seals, etc.
V. Os/Ivory
A. Weapons: In bone, ivory and horn. Arrows of arrows, harpoons, etc.
B. Containers: In bone and ivory. Fragments of containers, etc.
C. Tools/utensils: In bone, horn and ivory. Poinons, burins, cognates, axes, needles, alkenes, combs and decorated objects, etc.
D. Jewellery/Costume: In bone, horn, ivory and animal teeth. Needles, pendants, etc.
VI. Wood
A. Weapons: In different species of wood. Arcs, arcs, etc.
B. Tools/utensils: In different species of wood. Manches of stone axes, herminettes, spoons, knife handles, combs, wheels, signs, etc.
C. Containers: In different species of wood. Different wooden receptacles, etc.
VII. Leather/fleshing/different organic materials
A. Accessories for weapons: Leather. Shields of shields, etc.
Clothing: In leather, fabric and vegetable fibres. Shoes/sandals, clothing, etc.
C. Tools: Of vegetable and leather fibres. Filets, arrows, etc.
D. Containers: Of vegetable fibres. Different containers, woven, sewn, etc.
E. Jewellery/Costume: Shell, lignite, etc. Bracelets, beads, etc.
VIII. Painting
A. Wall Paintings: On plaster. Fresques with different patterns, etc.
IX. Amber
A. Jewellery/Costume: Amber. Fragments of figurative or simple jewellery, etc.
X. Papyrus/Manuscripts
A. Papyrus with paintings or symbols, etc.
B. Manuscripts written on leather, paper, etc.
XI. Momies
Complete human and animal time, parts of mummies, skeletons, skulls, etc.
