Rs 0.444.1 Convention Of 14 November 1970 On The Means Of Prohibiting And Preventing Illicit Cultural Property Import, Export And Transfer Of Ownership

Original Language Title: RS 0.444.1 Convention du 14 novembre 1970 concernant les mesures à prendre pour interdire et empêcher l’importation, l’exportation et le transfert de propriété illicites des biens culturels

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0.444.1 original text Convention concerning measures to be taken to prohibit and prevent the import, export and transfer of ownership of cultural property concluded in Paris on November 14, 1970 approved by the Federal Assembly on June 12, 2003, Instrument of ratification deposited by the Switzerland on 3 October 2003 entry into force for the Switzerland on 3 January 2004 (State on December 22, 2015) the General Conference of the United Nations Organization for education , science and culture, meeting in Paris, from October 12 to November 14, 1970, at its sixteenth session, recalling the importance of the provisions of the Declaration of the principles of international cultural cooperation adopted by the General Conference at its fourteenth session, whereas the exchange of cultural goods between nations for scientific, cultural and educational deepens the knowledge of human civilization , enriches the cultural life of all peoples and aroused respect and considers mutual between nations, considering that cultural property is one of the fundamentals of civilization and culture of peoples, and that they take their true unless their origin, their history and their environment are known with great precision , whereas that every State has the duty to protect the heritage constituted by the cultural property existing within its territory against the dangers of theft, clandestine excavations and illicit export, considering that, to counter these dangers, it is essential that each State take more awareness of the moral obligations relating to respect for its heritage and that of all nations , considering that the museums, libraries and archives, as cultural institutions, must ensure that the constitution of their collections is based on universally recognized moral principles, considering that import, export and transfer of ownership of cultural property are hampering the mutual understanding of the nations that Unesco has the duty to promote, inter alia by recommending to interested States of the conventions to that effect , whereas, to be effective, the protection of cultural heritage should be organised both on the national and international level and requires close collaboration between States, whereas the General Conference of Unesco has already adopted, in 1964, a recommendation to this effect, having before it proposals concerning the measures to be taken to prohibit and prevent the import, export and transfer of ownership of cultural property , which is item 19 of the agenda of the session, after having decided, at its fifteenth session, that this question should be the subject of an international convention, adopts this fourteenth day of November 1970, this Convention.

S. 1 for the purposes of this Convention are regarded as cultural property which, on religious or secular grounds, are designated by each State as being of importance for archaeology, prehistory, history, literature, art or science and which belongs to the following categories: has) collections and rare specimens of Zoology, Botany, mineralogy and Anatomy; objects of palaeontological interest; (b)) property relating to history, including the history of science and technology, military and social history as well as the lives of leaders, thinkers, scientists and national artists, and the events of national importance;) the product of the archaeological excavations (including regular and clandestine) and archaeological discoveries; d) elements from the break-up of artistic or historical monuments and sites archaeological; e) antiques more than 100 years old (((((, such as inscriptions, coins and serious seals, f) ethnological material; g) property of artistic interest such as: i) tables, paintings and drawings produced entirely by hand on any support and in any material (excluding industrial designs and manufactured articles decorated by hand); ii) original productions of statuary art and sculpture in any material; iii) engravings (prints and lithographs original; iv) assemblies and original artistic fixtures in any material;

((h) manuscripts rare and incunabula, books, documents and publications veterans of special interest (historical, artistic, scientific, literary, etc.) singly or in collections; i) stamps, stamp tax and the like, singly or in collections; j) archives, including photographic, phonographic and cinematographic archives; k) old objects of furnishing more than one hundred years old and instruments of music.

S. 2 1. States parties to this Convention recognize that illicit cultural property the import, export and transfer of ownership constitute one of the main causes of the impoverishment of the cultural heritage of the countries of origin of such property and that international collaboration is one of the most effective ways to protect their respective cultural property against all dangers which are the consequences.
2. at this end, States parties undertake to combat these practices by the means at their disposal, particularly by removing their causes, by stopping their course and helping to make the repairs that are necessary.

S. 3 are illicit import, export and transfer of ownership of cultural property, carried out contrary to the provisions taken by the States parties under this Convention.

S. 4 States parties to this Convention recognize that for the purposes of this Convention, cultural property belonging to the following categories are part of the cultural heritage of each State: a) cultural property arising from the individual genius or collective of nationals of the State concerned and important cultural assets for the State, created in the territory of that State by foreign nationals or stateless persons residing in that territory; b) cultural property found on the national territory; c) cultural property (acquired by archaeological, ethnological or missions of natural sciences, with the consent of the competent authorities of the country of origin of such property; d) cultural property having been the subject of trade freely made; e) cultural property received free of charge or purchased legally with the consent of the competent authorities of the country of origin of such property.

S. 5. in order to ensure the protection of their cultural against the import, export and transfer of ownership illegal, the States parties to the present Convention undertake in conditions appropriate to each country to establish their territory, insofar as they do not exist already, one or more services for the protection of cultural heritage with a qualified and in sufficient numbers to ensure effectively the functions listed below (((: a) contribute to the development of legislative and regulatory projects enabling the protection of cultural heritage, and especially the Suppression of imports, exports and transfers of illicit ownership of important cultural property; b) establish and maintain updated, on the basis of a national inventory of protection, the list of the cultural, public and private, whose export would constitute an impoverishment sensitive of the national cultural heritage; c) promoting the development or the establishment of scientific institutions and technical (museums, libraries, archives, laboratories, workshops, etc.) necessary to ensure the conservation and development of cultural; d property) organise the supervision of archaeological excavations, ensuring the 'in situ' conservation of certain cultural property and protecting certain areas reserved for future archaeological research; e) prepare for those interested (curators, collectors, antique dealers, etc.), rules comply with the ethical principles embodied in the Convention and ensure compliance with these rules; f) an educational action afin_d' awaken and promote respect for the cultural heritage of all States and disseminate knowledge of the provisions of this Convention; g) ensure that appropriate publicity be given in any case of disappearance of a cultural object.

S. 6 States parties to this Convention undertake: a) to introduce an appropriate certificate in which the exporting State would specify that the export of the cultural property is authorized by him, this certificate must accompany the cultural property regularly exported; b) to prohibit exit from their territory of cultural property not accompanied by an export licence referred to above; c) to wear appropriately this prohibition to the knowledge of the public , and in particular of those who may export or import of cultural property.

S. 7. States parties to this Convention undertake:


a) to take all measures necessary, in accordance with national legislation, to prevent the acquisition, by the museums and other similar institutions located in their territory, of cultural property originating in another State party to the Convention, goods which have been exported illegally after the entry into force of the Convention; insofar as possible, to inform the State of origin, a party to this Convention, offers of such cultural goods unlawfully from the territory of that State after the entry into force of this Convention, with respect to the two States concerned; b) i) to prohibit the import of cultural property stolen from a museum or public monument civil or religious , or similar institution, in the territory of another State provided that it is proved that such goods are part of the inventory of that institution; a party to this Convention after the entry into force for the States concerned,

(ii) to take appropriate measures to recover and return at the request of the State of origin party to any cultural property Convention thus stolen and imported after the entry into force of the present Convention with respect to the two States concerned, provided that the requesting State shall pay fair compensation to the person that is bona fide purchaser or which legally owns the ownership of this property. Capture and refund requests should be directed to the State required by diplomatic channels. The requesting State is required to provide, at its expense, any means of evidence required to justify its seizure and restitution request. States parties shall refrain from strike of customs duties or other charges the cultural property returned in accordance with this section. All expenditures relating to the restitution of the cultural property in question are the responsibility of the requesting State.

S. 8. the States parties to the present Convention undertake to knock of penal or administrative sanctions any person responsible for an offence the prohibitions provided for in arts. (6B) and 7 (b)) above.

S. 9. each State party to the present Convention and whose cultural heritage is endangered by some looting archaeological or ethnological may appeal to States that are affected. The States parties to this Convention undertake to take part in any international operation coordinated in these circumstances to determine and apply the necessary concrete measures, including the control of export, import and international trade of specific cultural property concerned. Pending an agreement, each State concerned will take, insofar as possible, interim arrangements to prevent irremediable injury to the cultural heritage of the applicant State.

S. (10. States parties to this Convention undertake: a) to restrict by education, information and vigilance, transfers of cultural property illegally removed from any State party to this Convention and, under conditions appropriate to each country, oblige antique dealers to keep records mentioning the origin of each property under penalty of penal or administrative sanctions, cultural (, the name and address of the supplier, description and price of each item sold, as well as to inform the purchaser of the cultural property of the prohibition to export this property may be the subject; b) to strive, through education, to create and develop in the public sense of the value of cultural property and the danger posed to cultural heritage by theft, clandestine excavations and illicit exports.

S. 11 are considered illicit export and transfer of ownership forced cultural property resulting directly or indirectly from the occupation of a country by a foreign power.

S. 12. States parties to this Convention shall respect cultural heritage in the territories which they ensure international relations and take appropriate measures to prohibit and prevent illicit cultural property the import, export and transfer of ownership in these territories.

S. 13 States parties to this Convention undertake furthermore under the laws of each State: a) to prevent, by all appropriate means, the transfer of ownership of cultural property aimed at promoting the import or the illicit export of these goods; b) to ensure that their competent services are collaborating to facilitate the return ((, to the right, in the fastest time of cultural property exported illegally; c) admitting a claim of cultural property lost or stolen action exercised by the rightful owner or on his behalf; d) to recognize, in addition, the indefeasible right of each State party to this Convention to classify and declare certain cultural property inalienable which , as such, should not be exported, and to facilitate the recovery by the State concerned of such goods in case they have been exported.

S. 14. to prevent illegal exports and deal with the obligations resulting from the implementation of the provisions of this Convention, each State party to this Convention shall, to the extent of its means, provide national protection of the heritage of an adequate budget and, if necessary, be able to create a Fund for this purpose.

S. 15 nothing in this Convention prevents States which are parties to conclude between themselves special agreements or to continue the implementation of the agreements already concluded regarding the restitution of cultural property from their territory of origin, for any reason whatsoever, prior to the entry into force of this Convention for the States concerned.

S. 16. States parties to this Convention shall indicate in periodic reports that they will present to the General Conference of the Organization of the United Nations for education, science and culture, on the dates and in the form it determines, the legislative and regulatory provisions and other measures which they have adopted for the purposes of this Convention, as well as details on the experience they have gained in this area.

S. 17 1. The States parties to this Convention may appeal to the technical assistance of the United Nations for education, science and culture, especially as regards: a) information and education; b) consultation and expertise; c) coordination and good offices.

2. the United Nations education, science and culture can, on its own initiative, undertake research and publish studies on problems relating to the illicit traffic of cultural property.
3. at this end, the Organization of United Nations education, science and culture may also resort to the co-operation of any competent non-governmental organization.
4. the United Nations education, science and culture is empowered to do, on its own initiative, proposals to the States parties for the implementation of this Convention.
5 at the request of at least two States parties to this Convention which are engaged in a dispute over the implementation of it, Unesco may extend its good offices to reach a settlement between them.

S. 18 this Convention is drawn up in English, Spanish, french and Russian, the four texts being equally authentic.

S. 19 1. This Convention shall be subject to ratification or acceptance by States members of the United Nations Organization for education, science and culture, in accordance with their respective constitutional procedures.
2. the instruments of ratification or acceptance shall be deposited with the Director-general of the United Nations Organization for education, science and culture.

S. 20 1. This Convention is open to accession by any State not a member of the United Nations for education, science and culture, invited to accede by the Executive Board of the organization.
2 accession shall be effected by the deposit of an instrument of accession with the Director-general of the United Nations Organization for education, science and culture.

S. 21 this Convention shall enter into force three months after the date of deposit of the third instrument of ratification, acceptance or accession, but only with respect to those States which have deposited their respective instruments of ratification, acceptance or accession to this date or earlier. It will enter into force for each other State three months after the deposit of its instrument of ratification, acceptance or accession.

S. 22. States parties to this Convention recognize that it is applicable not only to their metropolitan territories but also in the territories which they ensure international relations; they undertake to consult, if necessary, Governments or other authorities competent said territories at the time of ratification, acceptance or accession, or previously, with a view to obtain the implementation of the Convention to those territories, and to notify the Director-general of the United Nations Organization for education, science and culture, the territories to which the Convention shall apply, this ratification to take effect three months after the date of its receipt.

S. 23 1. Each of the States parties to the present Convention will be denounce this Convention in its own name or on behalf of any territory which it ensures international relations.

2. the denunciation shall be notified by a written instrument deposited with the Director-general of the United Nations Organization for education, science and culture.
3. the denunciation shall take effect twelve months after receipt of the instrument of denunciation.

S. 24. the Director-general of the United Nations Organization for education, science and culture will inform the Member States of the Organization, the States not members referred to art. 20, as well as the Organization of the United Nations, of the deposit of all instruments of ratification, acceptance or accession referred to in art. 19 and 20, as well as the notifications and denunciations provided respectively for in the art. 22 and 23.

S. 25 1. This Convention may be revised by the General Conference of the United Nations Organization for education, science and culture. The revision shall bind however as States that become parties to the revising Convention.
2. in the event that the General Conference adopt a new convention on the total or partial revision of this Convention, and unless the new convention otherwise provides, this Convention would cease to be open to ratification, acceptance or accession, from the date of entry into force of the new convention revising.

S. 26 pursuant to art. 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 of the United Nations Organization for education, science and culture.
In faith whereof, put their signatures this seventeenth day of November 1970.
Done at Paris, this seventeenth day of November 1970, in two authentic copies bearing the signature of the President of the General Conference, at its sixteenth session, and of the Director-general of the United Nations Organization for education, science and culture, which will be deposited in the archives of the United Nations Organization for education, science and culture , and certified copies will be delivered to all the States referred to the art. 19 and 20 as well as the Organization of the United Nations.
The foregoing is the authentic text of the Convention duly adopted by the General Conference of the United Nations Organization for education, science and culture at its sixteenth session, held in Paris and declared closed the fourteenth day of November 1970.
(Follow signatures)

RS 0.120 scope 22 December 2015 States parties Ratification accession (A) Declaration of succession (S) entry into force Afghanistan 8 September 2005 has 8 December 2005 South Africa December 18, 2003 18 March 2004 Albania June 13 2002 13 September 2002 Algeria 24 June 1974 24 September 1974 Germany 30 November 2007 29 February 2008 Angola 7 November 1991 7 February 1992 Saudi Arabia 8 September 1976 8 December 1976 Argentina 11 January 1973 11 April 1973

Armenia September 5, 1993 S 22 September 1991 Australia * 30 October 1989 30 January 1990 Austria July 15, 2015 October 15, 2015 Azerbaijan August 25, 1999 November 25, 1999 Bahamas 9 October 1997 9 January 1998 Bangladesh 9 December 1987 9 March 1988 Barbados 10 April 2002 10 July 2002 Bahrain March 7, 2014 7 June 2014 Belarus 28 April 1988 July 28, 1988 Belgium * March 31, 2009 June 30,2009 Belize 26 January 1990 26 April 1990 Bhutan 26 September 2002 A December 26, 2002 Bolivia October 4, 1976 January 4, 1977 Bosnia and Herzegovina 12 July 1993 S 1 March 1992 Brazil February 16, 1973 16 May 1973 Bulgaria 15 September 1971 24 April 1972 Burkina Faso 7 April 1987 7 July 1987 Cambodia 26 September 1972 26 December 1972 Cameroon 24 May 1972 24 August 1972 Canada 28 March 1978 June 28, 1978 Chile * April 18, 2014 July 18, 2014 China November 28, 1989 February 28, 1990

Cyprus 19 October 1979 January 19, 1980 Colombia may 24, 1988 August 24, 1988 Congo (Kinshasa) September 23, 1974 23 December 1974 (North) Korea 13 May 1983 August 13, 1983 Korea (South) 14 February 1983 14 May 1983 Costa Rica March 6, 1996 6 June 1996 Côte d'Ivoire 30 October 1990 30 January 1991 Croatia 6 July 1992 S 25 June 1991 Cuba * 30 January 1980 30 April 1980 Denmark * March 26, 2003 26 June 2003 Greenland may 27, 2004

May 27, 2004 Faroe Islands April 17, 2008 17 April 2008 Egypt 5 April 1973 5 July 1973 El El Salvador 20 February 1978 May 20, 1978 Ecuador March 24, 1971 24 April 1972 Spain 10 January 1986 10 April 1986 Estonia 27 October 1995 27 January 1996 United States * September 2, 1983 2 December 1983 Finland * June 14, 1999 14 September 1999 France * 7 January 1997 7 April 1997 Gabon 29 August 2003 29 November 2003 Georgia 4 November 1992 S

9 April 1991 Greece June 5, 1981 5 September 1981 Granada 10 September 1992 10 December 1992 Guatemala * January 14, 1985 14 April 1985 Guinea 18 March 1979 18 June 1979 Guinea Equatorial September 17, 2010 September 17, 2010 Haiti February 8, 2010 may 8, 2010 Honduras 19 March 1979 19 June 1979 Hungary * October 23, 1978 January 23, 1979 India January 24, 1977 24 April 1977 Iran January 27, 1975 27 April 1975 Iraq February 12, 1973 may 12

1973 Iceland 9 November 2004 has February 9, 2005 Italy October 2, 1978 2 January 1979 Japan 9 September 2002 9 December 2002 Jordan 15 March 1974 15 June 1974 Kazakhstan 9 February 2012 9 may 2012 Kyrgyzstan 3 July 1995 October 3, 1995 Kuwait 22 June 1972 22 September 1972 Lesotho 17 July 2013 17 October 2013 Lebanon 25 August 1972 November 25, 1972 Libya 9 January 1973 9 April 1973 Lithuania 27 July 1998 27 October 1998 Luxembourg

3 February 2015 may 3, 2015 Macedonia 30 April 1997 S 17 November 1991 Madagascar 21 June 1989 21 September 1989 Mali 6 April 1987 July 6, 1987 Morocco 3 February 2003 may 3, 2003 Maurice 27 February 1978 27 May 1978 Mauritania April 27, 1977 27 July 1977 Mexico * October 4, 1972 4 January 1973 Moldova * 14 September 2007 December 14, 2007 Mongolia 23 May 1991 23 August 1991 Montenegro 26 April 2007 S 3 June 2006 Myanmar 5 September 2013 5 December 2013 Nepal June 23, 1976 September 23, 1976 Nicaragua April 19, 1977 July 19, 1977 Niger 16 October 1972 January 16, 1973 Nigeria January 24, 1972 24 April 1972 Norway February 16, 2007 May 16, 2007 New Zealand * February 1, 2007 1 May 2007 Oman 2 June 1978 2 September 1978 Uzbekistan 15 March 1996 15 June 1996 Pakistan 30 April 1981 30 July 1981 Palestine March 22, 2012 9 may 2012 Panama August 13, 1973

13 November 1973 Paraguay 9 November 2004 has February 9, 2005 Netherlands 17 July 2009 October 17, 2009 Peru 24 October 1979 24 January 1980 Poland 31 January 1974 30 April 1974 Portugal December 9, 1985 March 9, 1986 Qatar April 20, 1977 July 20, 1977 Republic Central African 1 February 1972 1 May 1972 Dominican Republic 7 March 1973 7 June 1973 Czech Republic 26 March 1993 S January 1, 1993 Romania December 6, 1993 March 6, 1994 United Kingdom * 1 August 2002 November 1, 2002 Russia * 28 April 1988 July 28, 1988 Rwanda September 25, 2001 25 December 2001 Senegal 9 December 1984 March 9, 1985 Serbia 11 September 2001 S 27 April 1992 Seychelles may 28, 2004 has 28 August 2004 Slovakia 31 March 1993 S January 1, 1993 Slovenia 5 November 1992 S 25 June 1991 Sri Lanka 7 April 1981 7 July 1981 Sweden * January 13, 2003 April 13, 2003 Switzerland October 3, 2003 January 3, 2004

Syria 21 February 1975 21 May 1975 Swaziland 30 October 2012 January 30, 2013 Tajikistan 28 August 1992 S September 9, 1991 Tanzania August 2, 1977 November 2, 1977 Chad June 17, 2008 September 17, 2008 Tunisia 10 March 1975 10 June 1975 Turkey April 21, 1981 21 July 1981 Ukraine * 28 April 1988 July 28, 1988 Uruguay 9 August 1977 9 November 1977 Venezuela March 21, 2005 21 June 2005 Viet Nam 20 September 2005 A December 20, 2005 Zambia

21 June 1985 21 September 1985 Zimbabwe 30 May 2006 August 30, 2006 * Reserves and Declarationsles reservations and declarations are not published to the RO. Texts in french and English can be found at the website of the Organization of the United Nations for education, science and culture (UNESCO): www.unesco.org/new/fr/unesco/resources/publications or obtained from the Directorate of public international law (DPIL), Section of international treaties, 3003 Berne.

The Conv. does not apply to Tokelau.

2004 2881 RO; FF 2002 505 RO 2004 2879 2004 2881 RO, 2005 1519, 2008 661, 2010 2139, 2013 1591, 2016 49. A version of the update scope is published on the web site of the FDFA (www.dfae.admin.ch/traites).

State on December 22, 2015

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