Schedule 2 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property

s 2(1)

• Preamble

  Done at Paris, 14 November 1970

  Entry into force, 24 April 1972

  Preamble

  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

Schedule 3 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects

s 2(1)

• Preamble

  (Rome, 24 June 1995)

  THE STATES PARTIES TO THIS CONVENTION, ASSEMBLED in Rome at the invitation of the Government of the Italian Republic from 7 to 24 June 1995 for a Diplomatic Conference for the adoption of the draft Unidroit Convention on the International Return of Stolen or Illegally Exported Cultural Objects,

  CONVINCED of the fundamental importance of the protection of cultural heritage and of cultural exchanges for promoting understanding between peoples, and the dissemination of culture for the well-being of humanity and the progress of civilisation,

  DEEPLY CONCERNED by the illicit trade in cultural objects and the irreparable damage frequently caused by it, both to these objects themselves and to the cultural heritage of national, tribal, indigenous or other communities, and also to the heritage of all peoples, and in particular by the pillage of archaeological sites and the resulting loss of irreplaceable archaeological, historical and scientific information,

  DETERMINED to contribute effectively to the fight against illicit trade in cultural objects by taking the important step of establishing common, minimal legal rules for the restitution and return of cultural objects between Contracting States, with the objective of improving the preservation and protection of the cultural heritage in the interest of all,

  EMPHASISING that this Convention is intended to facilitate the restitution and return of cultural objects, and that the provision of any remedies, such as compensation, needed to effect restitution and return in some States, does not imply that such remedies should be adopted in other States,

  AFFIRMING that the adoption of the provisions of this Convention for the future in no way confers any approval or legitimacy upon illegal transactions of whatever kind which may have taken place before the entry into force of the Convention,

  CONSCIOUS that this Convention will not by itself provide a solution to the problems raised by illicit trade, but that it initiates a process that will enhance international cultural co-operation and maintain a proper role for legal trading and inter- State agreements for cultural exchanges,

  ACKNOWLEDGING that implementation of this Convention should be accompanied by other effective measures for protecting cultural objects, such as the development and use of registers, the physical protection of archaeological sites and technical co-operation,

  RECOGNISING the work of various bodies to protect cultural property, particularly the 1970 UNESCO Convention on illicit traffic and the development of codes of conduct in the private sector,

  HAVE AGREED as follows:

I
SCOPE OF APPLICATION AND DEFINITION

Article 1

• This Convention applies to claims of an international character for:

  • (a) the restitution of stolen cultural objects;

  • (b) the return of cultural objects removed from the territory of a Contracting State contrary to its law regulating the export of cultural objects for the purpose of protecting its cultural heritage (hereinafter illegally exported cultural objects).

Article 2

• For the purposes of this Convention, cultural objects are those which, on religious or secular grounds, are of importance for archaeology, prehistory, history, literature, art or science and belong to one of the categories listed in the Annex to this Convention.

II
RESTITUTION OF STOLEN CULTURAL OBJECTS

Article 3

• (1) The possessor of a cultural object which has been stolen shall return it.

  (2) For the purposes of this Convention, a cultural object which has been unlawfully excavated or lawfully excavated but unlawfully retained shall be considered stolen, when consistent with the law of the State where the excavation took place.

  (3) Any claim for restitution shall be brought within a period of three years from the time when the claimant knew the location of the cultural object and the identity of its possessor, and in any case within a period of fifty years from the time of the theft.

  (4) However, a claim for restitution of a cultural object forming an integral part of an identified monument or archaeological site, or belonging to a public collection, shall not be subject to time limitations other than a period of three years from the time when the claimant knew the location of the cultural object and the identity of its possessor.

  (5) Notwithstanding the provisions of the preceding paragraph, any Contracting State may declare that a claim is subject to a time limitation of 75 years or such longer period as is provided in its law. A claim made in another Contracting State for restitution of a cultural object displaced from a monument, archaeological site or public collection in a Contracting State making such a declaration shall also be subject to that time limitation.

  (6) A declaration referred to in the preceding paragraph shall be made at the time of signature, ratification, acceptance, approval or accession.

  (7) For the purposes of this Convention, a public collection consists of a group of inventoried or otherwise identified cultural objects owned by:

  • (a) a Contracting State

  • (b) a regional or local authority of a Contracting State;

  • (c) a religious institution in a Contracting State; or

  • (d) an institution that is established for an essentially cultural, educational or scientific purpose in a Contracting State and is recognised in that State as serving the public interest.

  (8) In addition, a claim for restitution of a sacred or communally important cultural object belonging to and used by a tribal or indigenous community in a Contracting State as part of that community's traditional or ritual use, shall be subject to the time limitation applicable to public collections.

Article 4

• (1) The possessor of a stolen cultural object required to return it shall be entitled, at the time of its restitution, to payment of fair and reasonable compensation provided that the possessor neither knew nor ought reasonably to have known that the object was stolen and can prove that it exercised due diligence when acquiring the object.

  (2) Without prejudice to the right of the possessor to compensation referred to in the preceding paragraph, reasonable efforts shall be made to have the person who transferred the cultural object to the possessor, or any prior transferor, pay the compensation where to do so would be consistent with the law of the State in which the claim is brought.

  (3) Payment of compensation to the possessor by the claimant, when this is required, shall be without prejudice to the right of the claimant to recover it from any other person.

  (4) In determining whether the possessor exercised due diligence, regard shall be had to all the circumstances of the acquisition, including the character of the parties, the price paid, whether the possessor consulted any reasonably accessible register of stolen cultural objects, and any other relevant information and documentation which it could reasonably have obtained, and whether the possessor consulted accessible agencies or took any other step that a reasonable person would have taken in the circumstances.

  (5) The possessor shall not be in a more favourable position than the person from whom it acquired the cultural object by inheritance or otherwise gratuitously.

III
RETURN OF ILLEGALLY EXPORTED CULTURAL OBJECTS

Article 5

• (1) A Contracting State may request the court or other competent authority of another Contracting State to order the return of a cultural object illegally exported from the territory of the requesting State.

  (2) A cultural object which has been temporarily exported from the territory of the requesting State, for purposes such as exhibition, research or restoration, under a permit issued according to its law regulating its export for the purpose of protecting its cultural heritage and not returned in accordance with the terms of that permit shall be deemed to have been illegally exported.

  (3) The court or other competent authority of the State addressed shall order the return of an illegally exported cultural object if the requesting State establishes that the removal of the object from its territory significantly impairs one or more of the following interests:

  • (a) the physical Preservation of the object or of its context;

  • (b) the integrity of a complex object;

  • (c) the preservation of information of, for example, a scientific or historical character;

  • (d) the traditional or ritual use of the object by a tribal or indigenous community,

  or establishes that the object is of significant cultural importance for the requesting State.

  (4) Any request made under paragraph 1 of this article shall contain or be accompanied by such information of a factual or legal nature as may assist the court or other competent authority of the State addressed in determining whether the requirements of paragraphs 1 to 3 have been met.

  (5) Any request for return shall be brought within a period of three years from the time when the requesting State knew the location of the cultural object and the identity of its possessor, and in any case within a period of fifty years from the date of the export or from the date on which the object should have been returned under a permit referred to in paragraph 2 of this article.

Article 6

• (1) The possessor of a cultural object who acquired the object after it was illegally exported shall be entitled, at the time of its return, to payment by the requesting State of fair and reasonable compensation, provided that the possessor neither knew nor ought reasonably to have known at the time of acquisition that the object had been illegally exported.

  (2) In determining whether the possessor knew or ought reasonably to have known that the cultural object had been illegally exported, regard shall be had to the circumstances of the acquisition, including the absence of an export certificate required under the law of the requesting State.

  (3) Instead of compensation, and in agreement with the requesting State, the possessor required to return the cultural object to that State may decide:

  • (a) to retain ownership of the object; or

  • (b) to transfer ownership against payment or gratuitously to a person of its choice residing in the requesting State who provides the necessary guarantees.

  (4) The cost of returning the cultural object in accordance with this article shall be borne by the requesting State, without prejudice to the right of that State to recover costs from any other person.

  (5) The possessor shall not be in a more favourable position than the person from whom it acquired the cultural object by inheritance or otherwise gratuitously.

Article 7

• (1) The provisions of this Chapter shall not apply where:

  • (a) the export of a cultural object is no longer illegal at the time at which the return is requested; or

  • (b) the object was exported during the lifetime of the person who created it or within a period of fifty years following the death of that person.

  (2) Notwithstanding the provisions of subparagraph (b) of the preceding paragraph, the provisions of this Chapter shall apply where a cultural object was made by a member or members of a tribal or indigenous community for traditional or ritual use by that community and the object will be returned to that community.

IV
General Provisions

Article 8

• (1) A claim under Chapter II and a request under Chapter III may be brought before the courts or other competent authorities of the Contracting State where the cultural object is located, in addition to the courts or other competent authorities otherwise having jurisdiction under the rules in force in Contracting States.

  (2) The parties may agree to submit the dispute to any court or other competent authority or to arbitration.

  (3) Resort may be had to the provisional, including protective, measures available under the law of the Contracting State where the object is located even when the claim for restitution or request for return of the object is brought before the courts or other competent authorities of another Contracting State.

Article 9

• (1) Nothing in this Convention shall prevent a Contracting State from applying any rules more favourable to the restitution or the return of stolen or illegally exported cultural objects than provided for by this Convention.

  (2) This article shall not be interpreted as creating an obligation to recognise or enforce a decision of a court or other competent authority of another Contracting State that departs from the provisions of this Convention.

Article 10

• (1) The provisions of Chapter II shall apply only in respect of a cultural object that is stolen after this Convention enters into force in respect of the State where the claim is brought, provided that:

  • (a) the object was stolen from the territory of a Contracting State after the entry into force of this Convention for that State; or

  • (b) the object is located in a Contracting State after the entry into force of the Convention for that State.

  (2) The provisions of Chapter III shall apply only in respect of a cultural object that is illegally exported after this Convention enters into force for the requesting State as well as the State where the request is brought.

  (3) This Convention does not in any way legitimise any illegal transaction of whatever which has taken place before the entry into force of this Convention or which is excluded under paragraphs (1) or (2) of this article, nor limit any right of a State or other person to make a claim under remedies available outside the framework of this Convention for the restitution or return of a cultural object stolen or illegally exported before the entry into force of this Convention.

V
Final Provisions

Article 11

• (1) This Convention is open for signature at the concluding meeting of the Diplomatic Conference for the adoption of the draft Unidroit Convention on the International Return of Stolen or Illegally Exported Cultural Objects and will remain open for signature by all States at Rome until June 1996.

  (2) This Convention is subject to ratification, acceptance or approval by States which have signed it.

  (3) This Convention is open for accession by all States which are not signatory States as from the date it is open for signature.

  (4) Ratification, acceptance, approval or accession is subject to the deposit of a formal instrument to that effect with the depositary.

Article 12

• (1) This Convention shall enter into force on the first day of the sixth month following the date of deposit of the fifth instrument of ratification, acceptance, approval or accession.

  (2) For each State that ratifies, accepts, approves or accedes to this Convention after the deposit of the fifth instrument of ratification, acceptance, approval or accession, this Convention shall enter into force in respect of that State on the first day of the sixth month following the date of deposit of its instrument of ratification, acceptance, approval or accession.

Article 13

• (1) This Convention does not affect any international instrument by which any Contracting State is legally bound and which contains provisions on matters governed by this Convention, unless a contrary declaration is made by the States bound by such instrument.

  (2) Any Contracting State may enter into agreements with one or more Contracting States, with a view to improving the application of this Convention in their mutual relations. The States which have concluded such an agreement shall transmit a copy to the depositary.

  (3) In their relations with each other, Contracting States which are Members of organisations of economic integration or regional bodies may declare that they will apply. the internal rules of these organisations or bodies and will not therefore apply as between these States the provisions of this Convention the scope of application of which coincides with that of those rules.

Article 14

• (1) If a Contracting State has two or more territorial units, whether or not possessing different systems of law applicable in relation to the matters dealt with in this Convention, it may, at the time of signature or of the deposit of its instrument of ratification, acceptance, approval or accession, declare that this Convention is to extend to all its territorial units or only to one or more of them, and may substitute for its declaration another declaration at any time.

  (2) These declarations are to be notified to the depositary and are to state expressly the territorial units to which the Convention extends.

  (3) If, by virtue of a declaration under this article, this Convention extends to one or more but not all of the territorial units of a Contracting State the reference to:

  • (a) the territory of a Contracting State in Article 1 shall be construed as referring to the territory of a territorial unit of that State;

  • (b) a court or other competent authority of the Contracting State or of the State addressed shall be construed as referring to the court or other competent authority of a territorial unit of that State;

  • (c) the Contracting State where the cultural object is located in Article 8(1) shall be construed as referring to the territorial unit of that State where the object is located;

  • (d) the law of the Contracting State where the object is located in Article 8(3) shall be construed as referring to the law of the territorial unit of that State where the object is located; and

  • (e) a Contracting State in Article 9 shall be construed as referring to a territorial unit of that State.

  (4) If a Contracting State makes no declaration under paragraph 1 of this article, this Convention is to extend to all territorial units of that State.

Article 15

• (1) Declarations made under this Convention at the time of signature are subject to confirmation upon ratification, acceptance or approval.

  (2) Declarations and confirmations of declarations are to be in writing and to be formally notified to the depositary.

  (3) A declaration shall take effect simultaneously with the entry into force of this Convention in respect of the State concerned. However, a declaration of which the depositary receives formal notification after such entry into force shall take effect on the first day of the sixth month following the date of its deposit with the depositary.

  (4) Any State which makes a declaration. under this Convention may withdraw it at any time by a formal notification in writing addressed to the depositary. Such withdrawal shall take effect on the first day of the sixth month following the date of the deposit of the notification.

Article 16

• (1) Each Contracting State shall at the time of signature, ratification, acceptance, approval or accession, declare that claims for the restitution, or requests for the return, of cultural objects brought by a State under Article 8 may be submitted to it under one or more of the following procedures:

  • (a) directly to the courts or other competent authorities of the declaring State;

  • (b) through an authority or authorities designated by that State to receive such claims or requests and to forward them to the courts or other competent authorities of that State;

  • (c) through diplomatic or consular channels.

  (2) Each Contracting State may also designate the courts or other authorities competent to order the restitution or return of cultural objects under the provisions of Chapters II and III.

  (3) Declarations made under paragraphs 1 and 2 of this article may be modified at any time by a new declaration.

  (4) The provisions of paragraphs 1 to 3 of this article do not affect bilateral or multilateral agreements on judicial assistance in respect of civil and commercial matters that may exist between Contracting States.

Article 17

• Each Contracting State shall, no later than six months following the date of deposit of its instrument of ratification, acceptance, approval or accession, provide the depositary with written information in one of the official languages of the Convention concerning the legislation regulating the export of its cultural objects. This information shall be updated from time to time as appropriate.

Article 18

• No reservations are permitted except those expressly authorised in this Convention.

Article 19

• (1) This Convention may be denounced by any State Party, at any time after the date on which it enters into force for that State, by the deposit of an instrument to that effect with the depositary.

  (2) A denunciation shall take effect on the first day of the sixth month following the deposit of the instrument of denunciation with the depositary. Where a longer period for the denunciation to take effect is specified in the instrument of denunciation it shall take effect upon the expiration of such longer period after its deposit with the depositary.

  (3) Notwithstanding such a denunciation, this Convention shall nevertheless apply to a claim for restitution or a request for return of a cultural object submitted prior to the date on which the denunciation takes effect.

Article 20

• The President of the International Institute for the Unification of Private Law (Unidroit) may at regular intervals, or at any time at the request of five Contracting States, convene a special committee in order to review the practical operation of this Convention.

Article 21

• (1) This Convention shall be deposited with the Government of the Italian Republic.

  (2) The Government of the Italian Republic shall:

  • (a) inform all States which have signed or acceded to this Convention and the President of the International Institute for the Unification of Private Law (Unidroit) of:

    • (i) each new signature or deposit of an instrument of ratification, acceptance approval or accession, together with the date thereof;

    • (ii) each declaration made in accordance with this Convention;

    • (iii) the withdrawal of any declaration;

    • (iv) the date of entry into force of this Convention;

    • (v) the agreements referred to in Article 13;

    • (vi) the deposit of an instrument of denunciation of this Convention together with the date of its deposit and the date on which it takes effect;

  • (b) transmit certified true copies of this Convention to all signatory States, to all States acceding to the Convention and to the President of the International Institute for Unification of Private Law (Unidroit);

  • (c) perform such other functions customary for depositaries.

IN WITNESS WHEREOF the undersigned plenipotentiaries, being duly authorised, have signed this Convention.

DONE at Rome, this twenty-fourth day of June, one thousand nine hundred and ninety-five, in a single original, in the English and French languages, both texts being equally authentic.

Annex

• (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.

Schedule 4 Categories of protected New Zealand objects

s 2(1)

1 Archaeological, ethnographic, and historical objects of non-New Zealand origin, relating to New Zealand

• This category consists of archaeological and historical objects of non-New Zealand origin that—

  • (a) have been in New Zealand for not less than 50 years and are in or have been in a public collection; and

  • (b) are not represented by at least 2 comparable examples permanently held in New Zealand public collections; and

  • (c) include any object of Polynesian creation or modification brought to New Zealand before 1800 or created or modified by the former Polynesian inhabitants of the Kermadec Islands before 1800.

2 Art objects including fine, decorative, and popular art

• (1) This category includes the following objects and their supporting documentation and preparatory material:

  • (a) architectural material, including whole or parts of architectural structures, fixtures, fittings, and decoration and interior decoration:

  • (b) arms and armour:

  • (c) art works in fibre or fabric or both:

  • (d) artists' prints, posters, illustrated books, and similar art works with potential for multiple production:

  • (e) book art:

  • (f) ceramics and glass:

  • (g) costumes and textiles:

  • (h) furniture:

  • (i) horological instruments:

  • (j) jewellery and body adornment:

  • (k) metalwork:

  • (l) musical instruments:

  • (m) paintings:

  • (n) photographs, moving image art works, sound art works and film, and similar art works with potential for multiple production:

  • (o) sculpture, carving, and other 3-dimensional art works that are either unique or have potential for multiple production:

  • (p) unique art works on paper, including watercolours, drawings, and sketches:

  • (q) woodwork:

  • (r) other art works, including (but not limited to) scrimshaw, plastics, paper, stone, shell, kauri gum, and bone.

  (2) An object is included in this category if it is—

  • (a) not represented by at least 2 comparable examples permanently held in New Zealand public collections; and

  • (b) made by—

    • (i) an artist or maker born in or related to New Zealand and who is no longer living; or

    • (ii) a living artist or maker born in or related to New Zealand where that artist or maker is not the owner; and

  • (c) not less than 50 years old.

3 Documentary heritage objects

• (1) In this category, unless the context otherwise requires,—

  collection means forming a collection assembled by a person, objects that originate from a common source, or objects devoted to a single theme, person, place, event, or thing

  record means recorded information, in any format, created or received by a person or an organisation in the course of business undertaken by that person or organisation and stored in any format.

  (2) Objects in this category include (but are not limited to)—

  • (a) books:

  • (b) maps and other cartographic records:

  • (c) photographs and negatives:

  • (d) ephemera:

  • (e) music scores:

  • (f) film:

  • (g) sound recordings:

  • (h) cinematographic, video production, or any other production comprising moving images or recorded sound:

  • (i) digitally born objects, supporting material, and applications and technical infrastructure important for their understanding.

  (3) An object is included in this category if it—

  • (a) is not represented by at least 2 comparable examples permanently held in New Zealand public collections; and

  • (b) is—

    • (i) not less than 50 years old; or

    • (ii) any unique document or collection of unique documents not less than 50 years old; or

    • (iii) a public record and a protected record as defined by the Public Records Act 2005.

  (4) This category does not include any document owned by its living creator who was born in or is related to New Zealand.

4 Nga taonga tuturu

• This category includes any taonga tuturu.

5 Natural science objects

• (1) In this category, unless the context otherwise requires,—

  description means the scientific description of a taxon in the manner prescribed by the international codes of zoological, mineralogical, and botanical nomenclature

  fossil, irrespective of how it is preserved, means an object constituting the remains or traces of a non-human organism that lived in New Zealand prior to human habitation; including (but not limited to) the whole organism or parts of it, or trace evidence of its behaviour

  meteorite means a natural object of extraterrestrial origin

  mineral means an element or chemical compound that occurs naturally in rocks, soil, or water; and—

  • (a) includes—

    • (i) crystals and naturally occurring metals; and

    • (ii) gemstones, whether or not polished or faceted by humans; but

  • (b) does not include—

    • (i) minerals, ores, and concentrates intended for industrial use; or

    • (ii) any work made by humans from minerals

  taxon means a taxonomic grouping of extant or extinct organisms, such as a genus, species, or sub-species

  tektite means a small glassy natural object of non-volcanic origin

  ventifact means a stone or pebble, shaped, worn, faceted, cut, or polished by the abrasive action of windblown dust or sand.

  (2) This category consists of extant or extinct native organisms, products of animal and plant behaviour (such as nests, coprolites, and kauri gum), fossils, fluids, rocks, and minerals (including, but not limited to, ventifacts, obsidians, pumices, meteorites, and tektites) of New Zealand origin or related to New Zealand.

  (3) Objects in this category include—

  • (a) a category of type specimen as defined by the current edition of the International Code of Botanical Nomenclature, the International Code of Zoological Nomenclature, or the International Code of Nomenclature of Bacteria: Bacteriological Code:

  • (b) a specimen considered to be scientifically important for defining a taxon through having been illustrated in the original description, or new material subsequently illustrated (that is, hypotypes) and used to expand or refine this description in the scientific literature:

  • (c) a specimen of an extant or extinct plant or rock or mineral, animal, or other organism or fossil or part thereof including any developmental stage, shell, or skeletal or supporting element, of which there is not a sufficient selection in New Zealand public collections to define the variation, range, and environmental context of the taxon or object.

  (4) Duplicates of a category of type specimen as defined by the current edition of the International Code of Botanical Nomenclature, the International Code of Zoological Nomenclature, or the International Code of Nomenclature of Bacteria: Bacteriological Code may be excluded from this category if there is sufficient original type material held in New Zealand public collections to define the taxon.

6 New Zealand archaeological objects

• This category consists of any objects, assemblages, scientific samples, and organic remains derived from a New Zealand archaeological site, as defined by the Historic Places Act 1993.

7 Numismatic and philatelic objects

• (1) The philatelic category consists of any items of the New Zealand Post Museum Collection.

  (2) The numismatics category consists of the following objects:

  • (a) examples of the Resolution and Adventure Medal, 1772:

  • (b) the Pattern Waitangi Crown:

  • (c) issued 50- and 100-pound New Zealand bank notes produced before 1933:

  • (d) examples of the New Zealand Cross, Victoria Cross, and George Cross, and their associated groups, awarded to a New Zealander or related to New Zealand:

  • (e) any related original art work and design of New Zealand coins and banknotes.

  (3) The numismatic and philatelic categories include (but are not limited to) dies and printing plates associated with the manufacture of New Zealand coins, banknotes, postage, and revenue stamps.

8 Science, technology, industry, economy, and transport objects

• (1) Objects in this category include (but are not limited to) any—

  • (a) vessel:

  • (b) machine:

  • (c) vehicle:

  • (d) aircraft:

  • (e) equipment:

  • (f) machinery:

  • (g) tool:

  • (h) patent model:

  • (i) model:

  • (j) accessory:

  • (k) part:

  • (l) component:

  • (m) prototype:

  • (n) object:

  • (o) device, apparatus, instrument, implement, or structure:

  • (p) dies and plates:

  • (q) documentation:

  • (r) ephemera.

  (2) Objects in this category are related to—

  • (a) air, land, and water transport:

  • (b) communication, printing, and information technology:

  • (c) design:

  • (d) energy production and distribution:

  • (e) engineering:

  • (f) extractive industries:

  • (g) human and animal health:

  • (h) hydrology:

  • (i) manufacturing:

  • (j) primary production and processing:

  • (k) research, invention, and applied technology:

  • (l) the service and recreation industries:

  • (m) surveying.

  (3) An object is included in this category if it is—

  • (a) not represented by at least 2 comparable examples permanently held in New Zealand public collections; and

  • (b) not less than 50 years old.

9 Social history objects

• (1) This category includes (but is not limited to) objects relating to—

  • (a) community organisations and activities:

  • (b) courts, tribunals, and law enforcement, including (but not limited to) the police, law-breakers, and prison life:

  • (c) cultural life and arts and crafts:

  • (d) domestic life, including buildings, fixtures and decorations, equipment and furniture, costumes and textiles, and personal effects:

  • (e) education:

  • (f) exploration, voyaging, migration, and settlement:

  • (g) health, medicine, and welfare:

  • (h) international relations:

  • (i) leisure and recreation, including all forms of sport, entertainment, and tourism:

  • (j) New Zealand military history:

  • (k) personal histories:

  • (l) religion and missions:

  • (m) social and political issues:

  • (n) transport and communications:

  • (o) urban and rural culture:

  • (p) work life, including specialised trades and labour material, trade unionism, company activity and corporate identity, trade and commerce, and agriculture and industry:

  • (q) any other objects in these categories.

  (2) In this category, unless the context otherwise requires, New Zealand military history means the history of—

  • (a) wars and conflicts involving New Zealand or New Zealanders or New Zealand residents, including (but not limited to) military and non-military activities and experiences:

  • (b) the New Zealand Defence Force and its antecedent components:

  • (c) operations and activities involving New Zealand Defence Forces:

  • (d) New Zealand allies within New Zealand or associated with New Zealand Defence Forces:

  • (e) forces opposing the New Zealand Defence Forces whether in New Zealand or overseas:

  • (f) regular or irregular sea, land, and air force units in which New Zealanders have taken part.

  (3) This category includes New Zealand manufactured or designed military objects and their associated documentation.

  (4) An object is included in this category if it is—

  • (a) not represented by at least 2 comparable examples permanently held in New Zealand public collections; and

  • (b) not less than 50 years old.

“protected New Zealand objects protocol means a protocol issued under section 21 by the Minister for Arts, Culture and Heritage that—

• “(a) sets out how the Ministry for Culture and Heritage will interact with the governance entity on the matters specified in that protocol; and

• “(b) provides for input by Ngaa Rauru Kiitahi into certain processes of the Ministry for Culture and Heritage in relation to the matters specified in the protocol; and

• “(c) is in the form set out in Part 2 of Schedule 1 of the deed of settlement, or as the protocol is amended under section 21

“protected New Zealand objects protocol area means the area shown on the map attached to the protected New Zealand objects protocol, together with the adjacent waters”.

“protected New Zealand objects protocol means a protocol issued under section 21 by the Minister for Arts, Culture and Heritage that—

• “(a) sets out how the Ministry for Culture and Heritage will interact with the Ngati Awa governance entity on the matters specified in the protocol; and

• “(b) provides for Ngati Awa's input into the processes of the Ministry in relation to the matters specified in the protocol; and

• “(c) is in the form set out in Schedule 5.23 of the Ngati Awa deed of settlement

“protected New Zealand objects protocol area means the area shown on the map attached to the protected New Zealand objects protocol, together with the adjacent waters”

“protected New Zealand objects protocol means a protocol issued under section 26 by the Minister for Arts, Culture and Heritage that—

• “(a) sets out how the Ministry for Culture and Heritage will interact with the governance entity in relation to the matters specified in that protocol; and

• “(b) is in the form set out in Part 1 of the Cultural Redress Schedule, or as the protocol is amended under section 26

“protected New Zealand objects protocol area means the area shown on the map attached to the protected New Zealand objects protocol, together with the adjacent waters”.

“protected New Zealand objects protocol means a protocol issued under section 20 by the Minister for Arts, Culture and Heritage that—

• “(a) sets out how the Ministry for Culture and Heritage will interact with the governance entity on the matters specified in that protocol; and

• “(b) is in the form set out in Part 1 of the Cultural Redress Schedule, or as the protocol is amended under section 20

“protected New Zealand objects protocol area means the area shown on the map attached to the protected New Zealand objects protocol, together with the adjacent waters”.

“protected New Zealand objects protocol means a protocol issued under section 21 by the Minister for Arts, Culture and Heritage that—

• “(a) sets out how the Ministry for Culture and Heritage will interact with the governance entity on the matters specified in the protocol; and

• “(b) provides for the input of Ngati Tuwharetoa (Bay of Plenty) into the processes of the Ministry in relation to the matters specified in the protocol; and

• “(c) is in the form set out in Schedule 5.3 of the deed of settlement

“protected New Zealand objects protocol area means the area shown on the map attached to the protected New Zealand objects protocol, together with the adjacent waters”.

“protected New Zealand object has the same meaning as in the Protected Objects Act 1975”.

“protected New Zealand object has the same meaning as in the Protected Objects Act 1975”.

“taonga tuturu has the same meaning as in the Protected Objects Act 1975”.

“Protected Objects Act 1975, to the extent that it deals with any requirement described in section 10(2) applicable to the sale of any protected New Zealand object (within the meaning of the Protected Objects Act 1975)”.