Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property in United States

Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property

(14 Nov 1970)

The General Conference of the United Nations Educational,
Scientific and Cultural Organization, meeting in Paris from 12
October to 14 November 1970, at its sixteenth session,

Recalling the importance of the provisions contained in the
Declaration of the Principles of International Cultural
Co-operation, adopted by the General Conference at its fourteenth
session,

Considering that the interchange of cultural property among
nations for scientific cultural and educational purposes
increases the knowledge of the civilization of Man, enriches the
cultural life of all peoples and inspires mutual respect and
appreciation among nations,

Considering that cultural property constitutes one of the basic
elements of civilization and national culture, and that its true
value can be appreciated only in relation to the fullest possible
information regarding its origin, history and traditional
setting,

Considering that it is incumbent upon every State to protect the
cultural property existing within its territory against the
dangers of theft, clandestine excavation, and illicit export,

Considering that, to avert these dangers, it is essential for
every State to become increasingly alive to the moral obligations
to respect its own cultural heritage and that of all nations,

Considering that, as cultural institutions, museums, libraries
and archives should ensure that their collections are built up in
accordance with universally recognized moral principles,

Considering that the illicit import, export and transfer of
ownership of cultural property is an obstacle to that
understanding between nations which it is part of Unesco’s
mission to promote by recommending to interested States,
international conventions to this end,

Considering that the protection of cultural heritage can be
effective only if organized both nationally and internationally
among States working in close co-operation,

Considering that the Unesco General Conference adopted a
Recommendation to this effect in 1964,

Having before it further proposals on the means of prohibiting
and preventing the illicit import, export and transfer of
ownership of cultural property, a question which is on the agenda
for the session as item 19.

Having decided, at its fifteenth session, that this question
should be made the subject of an international convention,

Adopts this Convention on the fourteenth day of November 1970.

Article 1

For the purposes of this Convention, the term “cultural property”
means property which, on religious or secular grounds, is
specifically designated by each State as being of importance for
archaeology, prehistory, history, literature, art or science and
which belongs to the following categories:

(a) Rare collections and specimens of fauna, flora, minerals and
anatomy, and objects of palaeontological interest;
(b) property relating to history, including the history of
science and technology and military and social history, to
the life of national leaders, thinkers, scientists and
artists and to events of national importance;
(c) products of archaeological excavations (including regular
and clandestine) or of archaeological discoveries;
(d) elements of artistic or historical monuments or
archaeological sites which have been dismembered;
(e) antiquities more than one hundred years old, such as
inscriptions, coins and engraved seals;
(f) objects of ethnological interest;
(g) property of artistic interest, such as:
(i) pictures, 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 works of statuary art and sculpture in any
material;
(iii) original engravings, prints and lithographs;
(iv) original artistic assemblages and montages in any
material;
(h) rare manuscripts and incunabula, old books, documents and
publications of special interest (historical, artistic,
scientific, literary, etc.) singly or in collections
(i) postage, revenue and similar stamps, singly or in
collections;
(j) archives, including sound, photographic and cinematographic
archives;
(k) articles of furniture more than one hundred years old and
old musical instruments.

Article 2

1. The States Parties to this Convention recognize that the
illicit import, export and transfer of ownership of cultural
property is one of the main causes of the impoverishment of the
cultural heritage of the countries of origin of such property and
that international co-operation constitutes one of the most
efficient means of protecting each country’s cultural property
against all the dangers resulting therefrom.

2. To this end, the States Parties undertake to oppose such
practices with the means at their disposal, and particularly by
removing their causes, putting a stop to current practices, and
by helping to make the necessary reparations.

Article 3

The import, export or transfer of ownership of cultural property
effected contrary to the provisions adopted under this Convention
by the States Parties thereto, shall be illicit.

Article 4

The States Parties to this Convention recognize that for the
purpose of the Convention property which belongs to the following
categories forms part of the cultural heritage of each State:

(a) Cultural property created by the individual or collective
genius of nationals of the State concerned, and cultural
property of importance to the State concerned created within
the territory of that State by foreign nationals or
stateless persons resident within such territory;
(b) cultural property found within the national territory;
(c) cultural property acquired by archaeological, ethnological
or natural science missions, with the consent of the
competent authorities of the country of origin of such
property;
(d) cultural property which has been the subject of a freely
agreed exchange;
(e) cultural property received as a gift or purchased legally
with the consent of the competent authorities of the country
of origin of such property.

Article 5

To ensure the protection of their cultural property against
illicit import, export and transfer of ownership, the States
Parties to this Convention undertake, as appropriate for each
country, to set up within their territories one or more national
services, where such services do not already exist, for the
protection of the cultural heritage, with a qualified staff
sufficient in number for the effective carrying out of the
following functions:

(a) contributing to the formation of draft laws and regulations
designed to secure the protection of the cultural heritage
and particularly prevention of the illicit import, export
and transfer of ownership of important cultural property;
(b) establishing and keeping up to date, on the basis of a
national inventory of protected property, a list of
important public and private cultural property whose export
would constitute an appreciable impoverishment of the
national cultural heritage;
(c) promoting the development or the establishment of scientific
and technical institutions (museums, libraries, archives,
laboratories, workshops . . .) required to ensure the
preservation and presentation of cultural property;
(d) organizing the supervision of archaeological excavations,
ensuring the preservation “in situ” of certain cultural
property, and protecting certain areas reserved for future
archaeological research;
(e) establishing, for the benefit of those concerned (curators,
collectors, antique dealers, etc.) rules in conformity with
the ethical principles set forth in this Convention; and
taking steps to ensure the observance of those rules;
(f) taking educational measures to stimulate and develop respect
for the cultural heritage of all States, and spreading
knowledge of the provisions of this Convention;
(g) seeing that appropriate publicity is given to the
disappearance of any items of cultural property.

Article 6

The 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 in question is authorized. The certificate
should accompany all items of cultural property exported in
accordance with the regulations;
(b) to prohibit the exportation of cultural property from their
territory unless accompanied by the above-mentioned export
certificate;
(c) to publicize this prohibition by appropriate means,
particularly among persons likely to export or import
cultural property.

Article 7

The States Parties to this Convention undertake:

(a) To take the necessary measures, consistent with national
legislation, to prevent museums and similar institutions
within their territories from acquiring cultural property
originating in another State Party which has been illegally
exported after entry into force of this Convention, in the
States concerned. Whenever possible, to inform a State of
origin Party to this Convention of an offer of such cultural
property illegally removed from that State after the entry
into force of this Convention in both States;
(b) (i) to prohibit the import of cultural property stolen from
a museum or a religious or secular public monument or
similar institution in another State Party to this
Convention after the entry into force of this Convention for
the States concerned, provided that such property is
documented as appertaining to the inventory of that
institution;
(ii) at the request of the State Party of origin, to take
appropriate steps to recover and return any such cultural
property imported after the entry into force of this
Convention in both States concerned, provided, however, that
the requesting State shall pay just compensation to an
innocent purchaser or to a person who has valid title to
that property. Requests for recovery and return shall be
made through diplomatic offices. The requesting Party shall
furnish, at its expense, the documentation and other
evidence necessary to establish its claim for recovery and
return. The Parties shall impose no customs duties or other
charges upon cultural property returned pursuant to this
Article. All expenses incident to the return and delivery of
the cultural property shall be borne by the requesting
Party.

Article 8

The States Parties to this Convention undertake to impose
penalties or administrative sanctions on any person responsible
for infringing the prohibitions referred to under Articles 6(b)
and 7(b) above.

Article 9

Any State Party to this Convention whose cultural patrimony is in
jeopardy from pillage of archaeological or ethnological materials
may call upon other States Parties who are affected. The States
Parties to this Convention undertake, in these circumstances, to
participate in a concerted international effort to determine and
to carry out the necessary concrete measures, including the
control of exports and imports and international commerce in the
specific materials concerned. Pending agreement each State
concerned shall take provisional measures to the extent feasible
to prevent irremediable injury to the cultural heritage of the
requesting State.

Article 10

The States Parties to this Convention undertake:

(a) To restrict by education, information and vigilance,
movement of cultural property illegally removed from any
State Party to this Convention and, as appropriate for each
country, oblige antique dealers, subject to penal or
administrative sanctions, to maintain a register recording
the origin of each item of cultural property, names and
addresses of the supplier, description and price of each
item sold and to inform the purchaser of the cultural
property of the export prohibition to which such property
may be subject;
(b) to endeavour by educational means to create and develop in
the public mind a realization of the value of cultural
property and the threat to the cultural heritage created by
theft, clandestine excavations and illicit exports.

Article 11

The export and transfer of ownership of cultural property under
compulsion arising directly or indirectly from the occupation of
a country by a foreign power shall be regarded as illicit.

Article 12

The States Parties to this Convention shall respect the cultural
heritage within the territories for the international relations
of which they are responsible, and shall take all appropriate
measures to prohibit and prevent the illicit import, export and
transfer of ownership of cultural property in such territories.

Article 13

The States Parties to this Convention also undertake, consistent
with the laws of each State:

(a) To prevent by all appropriate means transfers of ownership
of cultural property likely to promote the illicit import or
export of such property;
(b) to ensure that their competent services co-operate in
facilitating the earliest possible restitution of illicitly
exported cultural property to its rightful owner;
(c) to admit actions for recovery of lost or stolen items of
cultural property brought by or on behalf of the rightful
owners;
(d) to recognize the indefeasible right of each State Party to
this Convention to classify and declare certain cultural
property as inalienable which should therefore ipso facto
not be exported, and to facilitate recovery of such property
by the State concerned in cases where it has been exported.

Article 14

In order to prevent illicit export and to meet the obligations
arising from the implementation of this Convention, each State
Party to the Convention should, as far as it is able, provide the
national services responsible for the protection of its cultural
heritage with an adequate budget and, if necessary, should set up
a fund for this purpose.

Article 15

Nothing in this Convention shall prevent States Parties thereto
from concluding special agreements among themselves or from
continuing to implement agreements already concluded regarding
the restitution of cultural property removed, whatever the
reason, from its territory of origin, before the entry into force
of this Convention for the States concerned.

Article 16

The States Parties to this Convention shall in their periodic
reports submitted to the General Conference of the United Nations
Educational, Scientific and Cultural Organization on dates and in
a manner to be determined by it, give information on the
legislative and administrative provisions which they have adopted
and other action which they have taken for the application of
this Convention, together with details of the experience acquired
in this field.

Article 17

1. The States Parties to this Convention may call on the
technical assistance of the United Nations Educational,
Scientific and Cultural Organization, particularly as regards:

(a) Information and education;
(b) consultation and expert advice;
(c) co-ordination and good offices.

2. The United Nations Educational, Scientific and Cultural
Organization may, on its own initiative conduct research and
publish studies on matters relevant to the illicit movement of
cultural property.

3. To this end, the United Nations Educational, Scientific and
Cultural Organization may also call on the co-operation of any
competent non-governmental organization.

4. The United Nations Educational, Scientific and Cultural
Organization may, on its own initiative, make proposals to States
Parties to this Convention for its implementation.

5. At the request of at least two States Parties to this
Convention which are engaged in a dispute over its
implementation, Unesco may extend its good offices to reach a
settlement between them.

Article 18

This Convention is drawn up in English, French, Russian and
Spanish, the four texts being equally authoritative.

Article 19

1. This Convention shall be subject to ratification or acceptance
by States members of the United Nations Educational, Scientific
and Cultural Organization 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
Educational, Scientific and Cultural Organization.

Article 20

1. This Convention shall be open to accession by all States not
members of the United Nations Educational, Scientific and
Cultural Organization which are invited to accede to it 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
Educational, Scientific and Cultural Organization.

Article 21

This Convention shall enter into force three months after the
date of the deposit of the third instrument of ratification,
acceptance or accession, but only with respect to those States
which have deposited their respective instruments on or before
that date. It shall enter into force with respect to any other
State three months after the deposit of its instrument of
ratification, acceptance or accession.

Article 22

The States Parties to this Convention recognize that the
Convention is applicable not only to their metropolitan
territories but also to all territories for the international
relations of which they are responsible; they undertake to
consult, if necessary, the governments or other competent
authorities of these territories on or before ratification,
acceptance or accession with a view to securing the application
of the Convention to those territories, and to notify the
Director-General of the United Nations Educational, Scientific
and Cultural Organization of the territories to which it is
applied, the notification to take effect three months after the
date of its receipt.

Article 23

1. Each State Party to this Convention may denounce the
Convention on its own behalf or on behalf of any territory for
whose international relations it is responsible.

2. The denunciation shall be notified by an instrument in
writing, deposited with the Director-General of the United
Nations Educational, Scientific and Cultural Organization.

3. The denunciation shall take effect twelve months after the
receipt of the instrument of denunciation.
Article 24

The Director-General of the United Nations Educational,
Scientific and Cultural Organization shall inform the States
members of the Organization, the States not members of the
Organization which are referred to in Article 20, as well as the
United Nations, of the deposit of all the instruments of
ratification, acceptance and accession provided for in Articles
19 and 20, and of the notifications and denunciations provided
for in Articles 22 and 23 respectively.

Article 25

1. This Convention may be revised by the General Conference of
the United Nations Educational, Scientific and Cultural
Organization. Any such revision shall, however, bind only the
States which shall become Parties to the revising convention.

2. If the General Conference should adopt a new convention
revising this Convention in whole or in part, then, unless the
new convention otherwise provides, this Convention shall cease to
be open to ratification, acceptance or accession, as from the
date on which the new revising convention enters into force.

Article 26

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 of
the United Nations Educational, Scientific and Cultural
Organization.

Done in Paris this seventeenth day of November 1970, in two
authentic copies bearing the signature of the President of the
sixteenth 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 referred to in Articles 19 and 20
as well as to the United Nations.

The foregoing is the authentic text of the Convention duly
adopted by the General Conference of the United Nations
Educational, Scientific and Cultural Organization during its
sixteenth session, which was held in Paris and declared closed
the fourteenth day of November 1970.

IN FAITH WHEREOF we have appended our signatures this seventeenth
day of November 1970.

The President of the General Conference The Director-General

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[As of January 1, 1990, the Convention had been ratified by 69
nations: Algeria, Argentina, Australia, Bangladesh, Belize,
Bolivia, Brazil, Bulgaria, Burkina Faso, Byelorussian SSR*,
Cameroon, Canada, Central African Rep., China, Colombia, Cuba*,
Cyprus, Czechoslovakia*, Dominican Rep., Ecuador, Egypt, El
Salvador, GDR, Greece, Guatemala, Guinea, Honduras, Hungary*,
India, Iran, Iraq, Italy, Jordan, Kampuchea, Korea (North), Korea
(South), Kuwait, Libya, Madagascar, Mali, Mauritania, Mauritius,
Mexico,* Nepal, Nicaragua, Niger, Nigeria, Oman, Pakistan,
Panama, Peru, Poland, Portugal, Qatar, Saudi Arabia, Senegal,
Spain, Sri Lanka, Syria, Tanzania, Tunisia, Turkey, Ukrainian
SSR*, Uruguay, USSR*, US*, Yugoslavia, Zaire, Zambia.
(* One of more reservations to convention.)