The 1995 UNIDROIT Convention is self-executing.
A Convention is self-executing when it can be given effect automatically at a specified time without the aid of domestic legislation or other actions of enforcement. Nevertheless, some States have enacted implementing legislation.
The Convention allows for no reservations (Article 18).
At the time of ratification/accession States are requested to make declarations under Articles 16 and 17. Other declarations are optional. See http://www.unidroit.org/english/conventions/1995culturalproperty/formalities-e.pdf.
AFGHANISTAN
Afghanistan
(ENTRY INTO FORCE 01.03.2006)
Article 16(1)(a)(b) The Government of Afghanistan hereby declares that
In accordance with paragraph 1 of Article 16 of the Convention, claims for the restitution or requests for the return of cultural objects may be submitted directly to the courts or other competent authority (Article 16(1)(a) or through an authority or authorities designated by the State (Article 16(1)(b)).
Article 17
Related Materials
Law on the Protection of Historical and Cultural Properties, article 68 (providing that the commission for the return of historical and cultural properties has the authority to take and implement decisions regarding the return of stolen and illicitly exported historical and cultural properties according to the provisions of chapters two and three of the UNIDROIT Convention of 1995)
ALGERIA
Algeria
(ENTRY INTO FORCE 01.10.2015)
Article 16(1)(b)(c) (Translated from French). In accordance with Article 16, paragraph 1 of the Convention, claims for restitution and requests for return may be submitted a) directly to the Algerian authorities in charge of the protection of the cultural heritage; b) through diplomatic or consular channels.
Article 17
Related Articles
ANGOLA
Angola
(ENTRY INTO FORCE 01.12.2014)
Article 16(1)(c) (Translated from French). In accordance with Article 16, paragraph 1 of the Convention, claims for restitution and requests for return may be submitted through diplomatic or consular channels.
Article 17
Related Articles
ARGENTINA
Argentina
(ENTRY INTO FORCE 01.02.2002)
APROBACION DE LA CONVENCION DEL UNIDROIT SOBRE OBJETOS CULTURALES ROBADOS O EXPORTADOS ILEGALMENTE, ADOPTADA EN ROMA, LEY 25257 – BUENOS AIRES, 15 de Junio de 2000
Article 16(1)(c) (Translated from Spanish) The Argentine Republic declares that the requests for the return, or claims for the restitution, of acquired cultural objects, brought by a State under article 8, shall be submitted through the diplomatic or consular channels provided for in article 16 (1) (c).
Article 17
AZERBAIJAN
Azerbaijan
(ENTRY INTO FORCE 01.12.2003)
Article 16(1)(b)(c) In accordance with Article 16, paragraph 1 of the Convention, the Republic of Azerbaijan declares 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 the procedures which are specified in sub-paragraphs b) and c) of Article 16, paragraph 1 of the Convention.
Article 16(2) In accordance with Article 16, paragraph 2 of the Convention, the Republic of Azerbaijan declares that the Ministry of Culture of the Republic of Azerbaijan is designated as the competent authority of the Republic of Azerbaijan to order the restitution or return of cultural objects under the provisions of Chapter II and III.
Article 17
- Rules of export of the national cultural resources, 15 October 1998
- Regulations on Experts Commission on issuance of certificate for conducting of expertise of cultural wealth, definition of historical, artistic, scientific value and taking out of the Republic – Supplement 1
- Regulations on Experts Commission on issuance of certificate for conducting of expertise of cultural wealth, definition of historical, artistic, scientific value and taking out of the Republic – Supplement 2
- Regulations on Experts Commission on issuance of certificate for conducting of expertise of cultural wealth, definition of historical, artistic, scientific value and taking out of the Republic – Supplement 3
- Regulations on Experts Commission on issuance of certificate for conducting of expertise of cultural wealth, definition of historical, artistic, scientific value and taking out of the Republic – Supplement 4
- The Law of the Republic of Azerbaijan on Culture, 21 December 2012
- Extract of the Law of the Republic of Azerbaijan on Culture, 21 December 2012
- Decree of the President on implementation of Law on Culture 2012, 15 February 2013
Cultural Conventions adopted by Azerbaijan on MFA webpage
Benin
(ENTRY INTO FORCE 01.07.2021)
Article 16 (Translation) Benin declares that claims for the restitution or requests for the return of cultural objects brought by a State under Article 8 may be submitted (1) through the Ministry of Culture of Benin to forward them to the courts or other competent authorities of that State; and (2) through diplomatic or consular channels or through the Ministry of Foreign Affairs of Benin.
Article 17
BOLIVIA
Bolivia
(ENTRY INTO FORCE 01.10.1999)
Ley 1822 aprueba la Convención UNIDROIT [Spanish; Castilian]
Article 16(1)(a) (Translated from Spanish). The State of Bolivia shall apply the provision contained in Article 16 (1)(a) of the Convention on Stolen or Illegally Exported Cultural Objects.
Article 17
BOSNIA AND HERZEGOVINA
Bosnia and Herzegovina
(ENTRY INTO FORCE 01.11.2017)
Article 16 In accordance with paragraph 1 of Article 16 of the Convention, claims for the restitution or requests for the return of cultural objects may be submitted:
In the Federation of Bosnia and Herzegovina:
(a) directly to the courts or other competent authorities of the declaring State; and
(c) through diplomatic or consular channels.
In the Republic of Srpska:
(a) directly to the courts or other competent authorities of the declaring State;
(b) through an authority or authorities designated by the declaring State to receive such claims and to forward them to the courts of other competent authorities of that State; and
(c) through diplomatic or consular channels.
In the Brcko District:
(a) directly to the courts or other competent authorities of the declaring State;
(b) through an authority or authorities designated by the declaring State to receive such claims and to forward them to the courts of other competent authorities of that State; and
(c) through diplomatic or consular channels.
Article 17
BOTSWANA
Botswana
(ENTRY INTO FORCE 01.02.2018)
Article 16(1)(a) The claims for restitution and requests for return of cultural objects brought by a State under Article 8 may be submitted directly to its courts or other competent authorities.
Article 17
Related Articles
BRAZIL
Brazil
(ENTRY INTO FORCE 01.09.1999)
Convenção da UNIDROIT sobre Bens Culturais Furtados ou Ilicitamente Exportados, concluída em Roma, em 24 de junho de 1995 [available in English]
Article 16(1)(a) (Translated from Portuguese). As an addendum to Note Verbale No. 19, of 19 February 1999, in relation to Article 16 paragraph 1 of the UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects, Brazil informs it that claims brought by other Contracting States for the return or restitution of cultural assets from Brazil may be submitted directly to the Brazilian courts or other competent authorities.
Article 17
Case Law and Case Comments
HABEAS CORPUS” Nº 2006.04.00.004416-9/RS
BURKINA FASO
Burkina Faso
(ENTRY INTO FORCE 01.04.2019)
Article 16(1)(a)(b)(c) (Translated from French). Burkina Faso declares that claims for the restitution or requests for the return of cultural objects brought by a State under Article 8 may be submitted directly to the courts or other competent authorities or through diplomatic or consular channels.
Article 17
Cambodia
(ENTRY INTO FORCE 01.01.2003)
Article 16(1)(c) (Translated from French). In accordance with article 16, paragraph 1 of the UNIDROIT Convention, requests for the return or claims for the restitution, of the cultural objects, brought by a State under Article 8, shall be transmitted to the Kingdom of Cambodia through the diplomatic or consular channels.
Article 17
China
(ENTRY INTO FORCE 01.07.1998)
Article 16(1)(a)(b) (Translated from Chinese). In accordance with Article 8 of the Convention, any claim submitted to China for the return or restitution of cultural objects may be submitted directly to a Chinese court, or indirectly to a Chinese court through an agency responsible for the administration of Chinese cultural objects.
Article 17
Article 3(5) (Translated from Chinese). Under the provisions of Article 3(5) of this Convention, China accepts a time limitation of 75 years for submission of claims for the return of cultural objects, and reserves the right to extend that time period in accordance with the law.
Colombia
(ENTRY INTO FORCE 01.12.2012)
Article 16(1)(c) The Colombian State applies the procedure provided for paragraph 1(c) of Article 16 of the 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects namely, through diplomatic or consular channels, in order that other States Parties may, under Article 8 of the said Convention, submit their requests for return or restitution of cultural property to the Colombian authorities.
Article 17
- Information concerning the legislation of Colombia regulating the export of cultural objects
- Ley 1185 del 12 de marzo 2008 “por la cual se modifica y adiciona la Ley 197 de 1997 – Ley General de Cultura”
- Resolución no. 983 de 2010 Por la cual se desarrollan algunos aspectos técnicos relativos al Patrimonio Cultural de la Nación de naturaleza material
- Constitución política de Colombia, artículos 8, 63, 72, 82 y 102
Legislative Procedure
Gaceta del Congreso – Senado y Camar
Articles
Côte d’Ivoire
(ENTRY INTO FORCE 01.06.2021)
Article 16(1)(c) (Translated from French). Côte d’Ivoire declares that claims for the restitution or requests for the return of cultural objects brought by a State under Article 8 must be submitted through diplomatic or consular channels.
Article 17 Loi n° 87-806 du 28 juillet 1987 portant protection du patrimoine culturel [Law N°87-806 of 28 July 1987 on the Protection of Cultural Heritage governing the export of cultural property].
Croatia
(ENTRY INTO FORCE 01.03.2001)
Dio NN: Međunarodni |
Vrsta dokumenta: Ostalo |
Izdanje: NN 5/2000 |
Broj dokumenta u izdanju: 46 |
Donositelj:ZASTUPNIČKI DOM HRVATSKOGA DRŽAVNOG SABORA |
Datum tiskanog izdanja: 14.4.2000. |
Dio NN: Međunarodni |
Vrsta dokumenta: Ostalo |
Izdanje: NN 6/2002 |
Broj dokumenta u izdanju: 80 |
Donositelj:MINISTARSTVO VANJSKIH POSLOVA |
Datum tiskanog izdanja: 10.5.2002. |
Article 16(1)(c) (Translated from Italian). In accordance with paragraph 1 of Article 16 of the UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects, the Republic of Croatia declares that claims for the restitution of cultural property according to Article 8 of the Convention shall be submitted, through diplomatic or consular channels.
Article 17
- Information concerning the legislation of Croatia regulating the export of cultural objects
- Protection and Preservation of Cultural Goods Act
- Ordinance on the Condition for Issuing Licenses for the Export and Removal of Cultural Goods
Legislative Procedure
Application Membership EU – International circulation of cultural goods
NACIONALNI PROGRAM REPUBLIKE UNIJI HRVATSKE ZA PRIDRUŽIVANJE EUROPSKOJ
6.2.11. Slobodno kretanje kulturnih dobara
Literature – Exam – Accession to National Museum
CYPRUS
Cyprus
(ENTRY INTO FORCE 01.09.2004)
Article 16(1)(a) The Government of the Republic of Cyprus, in accordance with Article 16, paragraph 1, of the UNIDROIT CONVENTION on Stolen or Illegally Exported Objects, hereby declares that claims for the restitution, or requests for the return, of cultural objects brought by the State under Article 8 may be submitted to it, through diplomatic of consular channels.
Article 17
Denmark
(ENTRY INTO FORCE 01.07.2011)
Article 16(1)(a) The Government of Denmark shall hereby in accordance with Article 16 in the UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects declare that claims addressed to Denmark for the restitution, or requests for the return of cultural objects brought by a State under Article 8 in the Convention shall be submitted directly to the courts of Denmark.
Article 17
- Information concerning the legislation of Denmark regulating the export of cultural objects
- Act relating to the Restitution and Returm of Stolen or Illegally Exported Cultural Objects [available in English here]
- Act N. 332 on Protection of cultural assets in Denmark
Article 14 The convention will not apply to the Faroe Islands and Greenland.
Ecuador
(ENTRY INTO FORCE 01.07.1998)
Article 16(1)(a)(b)(c) The Government of the Republic of Ecuador declares that, in accordance with the provisions of Article 16 of the agreement, the claims of restitution or return of stolen or illicitly exported cultural property, shall be submitted in accordance with the procedures provided in sections a), b), and c) of paragraph 1 of Article 16 of the Convention.
Article 16(2) The National Institute of Cultural Heritage (INPC) is the designated authority to receive complaints on restitution or return of cultural property in accordance with the provisions of Chapter III of the Convention.
Article 17
Article 3(5) (Translated from Spanish). The Government of the Republic of Ecuador declares that, with respect to Article 3 paragraph 5 of the Convention, for the State of Ecuador a request for the restitution of stolen cultural property shall be subject to a time limitation of seventy-five years.
El Salvador
(ENTRY INTO FORCE 01.01.2000)
Article 16(1)(c) With reference to Article 16, paragraph 1 of the UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects, the States Parties to that Convention may submit their requests for the restitution of cultural objects directly to the Ministry of Foreign Affairs of El Salvador.
Article 17
Finland
(ENTRY INTO FORCE 01.12.1999)
Article 16(1)(a)(b) The Government of Finland declares in accordance with Article 16 of the Convention that claims for the restitution, or requests for the return of cultural objects may be submitted in accordance with the procedure referred to in subparagraph 16 (1) (a). The Ministry of Justice is the authority designated to receive claims or requests under Chapter III of this Convention.
Article 17
Article 13(3) The Government of Finland, being a member of the European Union, declares that under Article 13, paragraph 3, of the Convention, it will apply in its relations with other Contracting States which are members of the European Union the internal rules of the European Union and will not therefore apply in its relations with these Contracting States the provisions of this Convention the scope of application of which coincides with that of those rules.
Legislative Procedure
RSv 300/1998 rd- RP 185/1998 rd
7998- 99 Lt – Rep.p~e-o. 6~cun6t.nJt. 7
National Board of Antiquities
Internationella stadganden gällande utförsel av kulturföremål
Books
GABON
Gabon
(ENTRY INTO FORCE 01.11.2004)
Related Articles
Ghana
(ENTRY INTO FORCE 01.03.2020)
Article 16(1)(b)(c) Ghana hereby declares that in accordance with paragraph 1 of Article 16 of the Convention, claims for restitution, or requests for the return, of cultural objects brought by a State under Article 8 may be submitted to it directly to designated competent authorities or through diplomatic or consular channels.
Article 17
Greece
(ENTRY INTO FORCE 01.01.2008)
Νόμος 3348/2005 (ΦΕΚ 144/Α/23-6-2005)
Κύρωση της Σύμβασης Unidroit για τα κλαπέντα ή παρανόμως εξαχθέντα πολιτιστικά αγαθά.
Article 16(1)(b) In accordance with Article 16, paragraph 1 of the Convention, the claims and requests must be submitted to the Hellenic Ministry of Culture/Directorate General of Antiquities and Cultural Heritage which shall receive such claims or requests and forward them to the competent courts.
Article 17
Article 13(3) The Hellenic Republic, being a Member of the European Union, declares that under Article 13, paragraph 3 of the Convention, it will apply in the European Union the relevant EU legislation to the extent that legislation covers matters to which the Convention applies.
Legislative Procedure
Related Acts
Cultural Heritage Law
ΝΟΜΟΘΕΣΙΑ ΠΟΛΙΤΙΣΤΙΚΗΣ ΚΛΗΡΟΝΟΜΙΑΣ
National Museums and Archives Policy
Articles and Dissertations
GUATEMALA
Guatemala
(ENTRY INTO FORCE 01.03.2004)
Article 16(1)(b) (Translated from Spanish). The Government of the Republic of Guatemala declares that, in accordance with article 16 of the Convention, claims for the restitution of stolen cultural objects, or for the return of illegally exported cultural objects may be brought under the procedure provided for in Article 16 (1) (b). The Ministry of Culture and Sport of the Republic of Guatemala shall be the authority designated to receive claims for the restitution or the return of cultural objects under Chapter III of the Convention.
Article 3(5) (Translated from Spanish). The Government of the Republic of Guatemala declares that, with respect to article 3 (5) of the Convention, for the State of Guatemala, a request for the restitution of stolen cultural objects shall be subject to a time limitation of 75 years.
HONDURAS
Honduras
(ENTRY INTO FORCE 01.02.2014)
Hungary
(ENTRY INTO FORCE 01.11.1998)
Article 16(1)(b)(c) In accordance with Article 16, claims for the restitution, or requests for the return of cultural objects may be submitted through diplomatic or consular channels.
Article 16(2) In the Republic of Hungary the Ministry of Culture and Education shall forward the claims to the Capital Court, competent to settle the property claims.
Article 17
IRAN
Iran
(ENTRY INTO FORCE 01.12.2005)
قانون الحاق دولت جمهوری اسلامی ایران به کنوانسیون موسسه بین المللی یکنواخت سازی حقوق خصوصی پیرامون اشیاء فرهنگی مسروقه یا غیرقانونی خارج شدهتاریخ تصویب : 1379/05/30 مرجع تصویب : مصوبات مجلس شورا
تعداد
ماده : 1
شناسنامه
تاریخ امضا : 1379/07/13 تاریخ انتشار : 1379/07/21 تاریخ تایید : 1379/06/23 شماره پرونده : 6/2722 روزنامه : 16206
ادوار
دوره : 6 شماره جلد :
Article 16(1)(a)(c) (Translated from Farsi). Claims for the restitution, or requests for the return, of cultural objects brought by a State Party to the Convention under Article 8 may be submitted under the following procedures: 1) directly to the courts; 2) through diplomatic or consular channels.
Article 17
Italy
(ENTRY INTO FORCE 01.04.2000)
See also: Legislative Decree no. 42 of 22 January 2004, Code of the Cultural and Landscape Heritage, Article 87 (providing that the UNIDROIT Convention governs cultural properties indicated in the Convention’s annex)
Article 16(1)(a)(c) and (2) The Government of the Italian Republic declares, pursuant to Article 16 of the Convention; that the claims for restitution or return of cultural property, stolen or illegally exported, will have to be brought before the Court of the place where the property is situated. In case that place is unknown or the property is not in the State, the request is made before the Court of the place where the defendant is resident or domiciled or, if these are unknown, before that of the place of the defendant’s home. If the defendant is a legal person or an unincorporated association, the provisions of Article 19 of the Italian Code of Civil Procedure will apply. Claims shall also be submitted through diplomatic or consular channels.
Article 17
Article 13(3) (Translated from Italian). The provisions of the Convention and this Act shall not apply in the relations with the Contracting States which shall be governed by the European Union Directive 93/7/EEC of the Council of 15 March 1993, and subsequent amendments.
Legislative Procedure
Camera dei Deputati – Atto n. 4315
Related Documents
Articles
Negri-Clementi Studio Legale Associato (Italy) – Newsletter 1/2013
LAO PEOPLE'S DEMOCRATIC REPUBLIC
Lao People’s Democratic Republic
(ENTRY INTO FORCE 01.11.2017)
Article 16(1)(c) In accordance with paragraph 1 (c) of Article 16 of the Convention, claims for the restitution or requests for the return of the cultural objects shall be submitted to the Government Lao People’s Democratic Republic through diplomatic or consular channels.
Article 17
LATVIA
Latvia
(ENTRY INTO FORCE 01.08.2019)
UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects, Adopted 1 November 2018 (Proclamation available in Latvian)
Law of the Republic of Latvia On Protection of Cultural Monuments, Adopted 12 February 1992 (available in Latvian and English)
Republic of Latvia Cabinet Regulation No. 526, “Procedures for Return of Unlawfully Removed Art and Antique Objects, Adopted 16 September 2003 (available in Latvian and English)
Republic of Latvia Cabinet Regulation No. 846, “Regulations Regarding Exportation of Cultural Monuments, Including State-owned Antiquities, Art and Antique Articles from Latvia and Importation Thereof into Latvia,” Adopted 20 December 2016 (available in Latvian and English)
Republic of Latvia Cabinet Regulation No. 708, “Regulations Regarding the State Duty for the Temporary Exportation of Cultural Monuments, Including State-owned Antiquities, and the Complete Exportation and Temporary Exportation of Art and Antique Articles from Latvia,” Adopted 1 November 2016 (available in Latvian and English)
Article 16(1)(a) (Translated from Latvian). Pursuant to Article 16 (1) of the Convention, the Republic of Latvia declares that claims for restitution and return of goods imported into Latvia pursuant to Article 8 of the Convention may be brought before a court.
Related Materials
Catalogue of Endangered Latvian Archaeological Artefacts1 (available in Latvian, English and Russian)
Electronic Service “Detection of the Status of Cultural Object”2 (available in Latvian, English and Russian)
Electronic Service “Creation of Description of Cultural Objects”3 (available in Latvian, English and Russian)
Arheoloģija (educational and interactive children’s book about archeology) (available in Latvian)
1 2 Creation of the Catalogue and Service corresponds to the following articles of the UNIDROIT 1995 Convention: Preamble (in particular part 8); Article 4(1); Article 4(4); Article 6(1); Article 6(2)
3 Creation of the Service corresponds to the Preamble (in particular part 8) of the 1995 UNIDROIT Convention
Lithuania
(ENTRY INTO FORCE 01.07.1998)
Įstatymas VIII-72 1997-01-14 (text)
Įstatymas VIII-72 1997-01-14 (ratification)
Article 16(1)(b) Whereas it is provided in Article 16, paragraph 1 of the Convention, the Republic of Lithuania declares that the Ministry of Culture of the Republic of Lithuania is an authority which shall receive claims for the restitution, or requests for the return, of cultural objects, and shall forward them to the courts of the Republic of Lithuania.
Article 17
Related Materials
Related Pages
Madagascar
(ENTRY INTO FORCE 01.06.2022)
Article 16(1)(c) Madagascar declares that, under Article 16(1) of the Convention, claims for restitution, or requests for return of cultural objects brought by a State under Article 8, will be submitted through diplomatic or consular channels.
Article 17 Madagascar will deposit the information relating to the export of cultural objects within 6 months of the deposit.
Mexico
(ENTRY INTO FORCE 01.11.2022)
Article 16(1)(a)(c) (Translated from Spanish). In relation to Article 16(1)(a) and (c), requests for the return of, or claims for the restitution of, stolen or illegally exported cultural objects may be submitted directly to the competent courts or authorities, or through diplomatic or consular channels.
Article 17
- Political Constitution of the United Mexican States (Art. 1. Para. 1; Art. 4. Para. 12; Art. 76. Fraction I; Art. 89. Fraction X and Art. 133)
- Organic Law of the Federal Public Administration (Art. 26; Art. 28. Section I; Art. 41 Bis. Sections I, II, III, XVII and XXVII)
- General Law of National Assets (Art. 1. Section I and Art. 37. Section IV)
- Federal Law on Archaeological, Artistic and Historical Monuments and Zones (Art. 2; Art. 3. Section II; Art. 27; Art. 28; Art. 28 BIS; Art. 29; Art. 33, Art. 35; Art. 36; Art. 44, Art. 45, Art. 46; Art. 49, Art. 50, Art. 51, Art. 53 and Art. 53 BIS)
- Organic Law of the National Institute of Anthropology and History (Art. 1; Sections I, IV, V, IX, XX and XXI)
- General Law of Culture and Cultural Rights (Art. 1; Art. 2. Sections IV and VIII; Art. 4 and Art. 41)
- Regulations of the Federal Law on Archeological, Artistic and Historic Monuments and Zones (Art. 9; Art. 14; Art. 32; Art. 33, Art. 34; Art. 36; Art. 37 BIS and Art. 37 TER)
- Regulations of the General Law of Culture and Cultural Rights (Art. 1; Art. 5; Art. 10; Art. 11. Sections I and II; Section II and Art. 22)
Montenegro
(ENTRY INTO FORCE 01.01.2020)
Article 16(1)(c) Montenegro hereby declares that in accordance with paragraph 1 of Article 16 of the Convention, claims for restitution, or requests for the return, of cultural objects brought by a State under Article 8 may be submitted to it through diplomatic or consular channels.
Morocco
(ENTRY INTO FORCE 01.02.2023)
Article 16(1)(c) (Translated from French). In accordance with Article 16(1) of the UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects, adopted in Rome on 24 June 1995, the Government of the Kingdom of Morocco declares 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 through an authority or authorities designated to receive such claims or requests and to forward them to the courts or other competent authorities (Article 16(1)(b)).
The authority designated for this purpose is:
Ministère de la Justice, Direction des Affaires Pénales et des Grâces
Email : dapg@justice.gov.ma
Tel. +212 537 218 482 / +212 537 218 487
Fax +212 537 703-347 / +212 537 202 909
Article 17 The Government of the Kingdom of Morocco indicates that the legislation regulating the export of cultural objects is:
- Loi n° 22-80 relative à la conservation des monuments historiques et des sites, des inscriptions, des objets d’art et d’antiquité promulguée par le dahir n° 1- 80-341 du 25 Décembre 1980 (B.O. 18 février 1981) – articles 31, 44 et 58;
- Loi n° 19-05 relative à la conservation des monuments historiques et des sites, des inscriptions, des objets d’art et d’antiquité promulguée par le dahir n° 1- 06-102 du 15 juin 2006 – articles 58, 32-3, 54 et 54-1..
Myanmar
(ENTRY INTO FORCE 01.12.2018)
Article 16(1)(c) The Republic of the Union of Myanmar declares that, under Article 16(1) of the Convention, claims for restitution, or requests for return of cultural objects brought by a State under Article 8, will be submitted through diplomatic channels.
Article 17
Article 3(5) The Government of the Republic of the Union of Myanmar declares that, under Article 3 (5) of the Convention, a claim for the restitution of a stolen cultural object forming an integral part of an identified monument or archaeological site, or belonging to a public collection is subject to a time limitation of 75 years.
New Zealand
(ENTRY INTO FORCE 01.05.2007)
PROTECTED OBJECTS AMENDMENT BILL 2005
Date of Introduction: 03 February 2005
Bills Digest No. 1214
Article 16(1)(b)(c) The Government of New Zealand declares that, in accordance with paragraph 1 of Article 16 of the Convention, claims for the restitution or requests for the return of cultural objects brought by a State under Article 8 of the Convention may be submitted through the New Zealand Ministry for Culture and Heritage being an authority designated by New Zealand to receive such claims or requests; or through diplomatic or consular channels.
Article 17
Article 14 The Governement of New Zealand declares that, consistent with the constitutional status of Tokelau and taking into account the commitment of the Governement of New Zealand to the development of self-government for Tokelau through an act of self-determination under the Charter of the United Nations, this accession shall not extend to Tokelau unless and until a Declaration to this effect is lodged by the Government of New Zealand with the Depositary on the basis of appropriate consultation with that territory.
Report of the Governments Administration Committees
Hansard Records
Tisch, Lindsay: Protected Objects Amendment Bill — First Reading
Tizard, Judith: Protected Objects Amendment Bill — First Reading
Okeroa, Mahara: Protected Objects Amendment Bill — Second Reading
Protected Objects Amendment Bill — First Reading
Ardern, Shane: Protected Objects Amendment Bill — In Committee
Finlayson, Christopher: Protected Objects Amendment Bill — Second Reading
Sharples, Pita: Protected Objects Amendment Bill — Third Reading
Protected Objects Amendment Bill — Second Reading
Protected Objects Amendment Bill — Third Reading
Protected Objects Amendment Bill — In Committee
Volume 624, Week 85 – Tuesday, 5 April 2005
Parliamentary Debates (HANSARD) – 1st session 47 parliament
48HansD_20060510.pdf
Volume 631, Week 14 – Wednesday, 10 May 2006
48HansD_20060725.pdf
Volume 632, Week 21 – Tuesday, 25 July 2006
Volume 632, Week 20 – Wednesday, 19 July 2006
48HansD_200607196.pdf
Volume 633, Week 22 – Wednesday, 2 August 2006
48HansD_20060804.pdf
Nigeria
(ENTRY INTO FORCE 01.06.2006)
Related Articles
North Macedonia
(ENTRY INTO FORCE 01.02.2014)
Law adopted on 26 October 2005, published on 9 November 2005 (“Official Gazette of the Republic of Macedonia – International Agreements”, No 96/5)
Article 16(1)(a)(c) In accordance with paragraph 1 of Article 16 of the Convention, claims for the restitution or requests for the return of cultural objects may be submitted 1) directly to the courts of the declaring State; or 2) through diplomatic or consular channels.
Article 17
Norway
(ENTRY INTO FORCE 01.03.2002)
Regulations on the return of stolen and unlawfully exported cultural objects
Article 16(1)(a) In accordance with Article 16(1)(a), claims for the restitution or requests for the return, of cultural objects brought by a State under Article 8, may be submitted directly to the courts or the other competent authorities of Norway.
Article 17
Article 13(3) In accordance with Article 13, the internal EEA-rules shall apply within the European Economic Area.
Article 14 In accordance with Article 14, the Convention shall apply to the territory of the Kingdom of Norway and the Norwegian dependencies.
Panama
(ENTRY INTO FORCE 01.12.2009)
Article 16(1)(b)(c) (Translated from Spanish). Claims for restitution or return of cultural goods, submitted by a State under Article 8 of the Convention, may be filed in accordance with the procedure laid down in Article 16(1)(b) thereof, and in default, according to the provisions in Article 16(1)(c). Competent authorities for these purposes are the Ministry of Education, the National Cultural Institute (National Directorate of Historical Heritage) and those, which by law have jurisdiction over such offenses.
Article 17
- Ley 14 (de 5 de mayo 1982) por la cual se dictan medidas sobre custodia, conservación y administración del Patrimonio Histórico de la Nación [available in English]
- Resolucion del instituto Nacional de Cultura 43 sobre el Reglamento relativo a la confeccion, reproduccion, distribucion y venta de replicas de objetos historicos y arqueologicos
- Ley n. 58/2003 que modifica articulos de la ley 14 de 1982 sobre custodia, conservacion y administracion del patrimonio historico de la Nacion y dieta otras disposiciones [available in English]
Paraguay
(ENTRY INTO FORCE 01.07.1998)
Ley N°1048 – que aprueba el convenio de UNIDROIT sobre los bienes culturales robados o exportados ilicitamente [Spanish; Castilian]
Article 16(1)(c) (Translated from Spanish). The Republic of Paraguay declares, in accordance with the provisions of Article 16 of the UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects, that requests for the return, or claims for the restitution, of cultural objects, brought by a State under Article 8, may be submitted to the Republic of Paraguay through diplomatic or consular channels.
Article 17
- Information concerning the legislation of Paraguay regulating the export of cultural objects
- Constitución Nacional, art. 81
- Ley n. 946/82 de protección a los bienes culturales (especially Chapter V, article 25, article 33 and 34, and Chapter VII)
Bilateral Agreements
PERU
Peru
(ENTRY INTO FORCE 01.09.1998)
Article 16(1)(a)(c) (Translated from Spanish). The Republic of Peru declares, in accordance with the provisions of Article 16 of the UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects, that requests for the return, or claims for the restitution, of cultural objects, brought by a State under Article 8, may be submitted to the Republic of Peru through judicial, diplomatic or consular channels.
Article 17
Related pages
PORTUGAL
Portugal
(ENTRY INTO FORCE 01.01.2003)
Decreto do Presidente da República n.o 21/2000
Article 16(1)(b) The Portuguese Republic declares, in accordance with Article 16 of the Convention that claims for the restitution or requests for the return of cultural objects may be submitted by another State in accordance with the procedure referred to in subparagraph (b), paragraph 1 of the said article. The Polícia Judiciária (Criminal Police) is the authority designated to receive claims or requests formulated under Article 8 of the Convention.
Article 17
- Information concerning the legislation of Portugal regulating the export of cultural objects
- Decreto Ministerial nº 6/89 de 20 de Janeiro de 1989 – Exportação temporária ou permanente de obras de arte de autores nacionais
- Law 107/01 on Cultural Heritage
Other material:
Lei Quadro dos Museus Portugueses N.o 47/2004 de 19 de Agosto
Decreto-Lei n.º 148/2015 de 4 de agosto regime de proteção e valorização do património cultural
Temas de Museologia: Circulação de Bens Culturais Móveis, 2004
CÓDIGO DEONTOLÓGICO DO ICOM PARA MUSEUS (2009)
Bibliography
Direito do Património Cultural. Editor INA, outubro 1996. Several Authors; António Marques dos Santos about UNIDROIT: – Projeto de Convenção do UNIDROIT sobre a Restituição Internacional dos Bens Culturais Roubados ou Ilicitamente Exportados.
António Marques dos Santos. As Relações entre Portugal, a Europa e o Mundo Lusófono e as suas repercussões no plano jurídico.
Inês Fialho Brandão. What´s in Lisbon? Portuguese Sources in Nazi-era Provenance Research. Journal of Contemporary History, November 23, 2016.
ROMANIA
Romania
(ENTRY INTO FORCE 01.07.1998)
Article 16(1)(b) (Translated from French). Under Article 16 of the Convention, Romania declares that requests for return or restitution of cultural property brought by a State under Article 8 may be submitted “through one or more designated authorities by the State to receive such requests and forward them to the courts or other competent authorities of this State.”
Article 17
- Information concerning the legislation of Romania regulating the export of cultural objects
- Law no. 182 of 25th of October 2000 regarding the protection of the movable national heritage [available in English here]
- Decision 518 on permanent or temporary export of movable cultural goods
SLOVAKIA
Slovakia
(ENTRY INTO FORCE 01.12.2003)
ZÁKON z 20. júna 2002 o navrátení nezákonne vyvezených kultúrnych predmetov (Act 416 on the Return of Illegally Exported Cultural Objects) [English]
Article 16(1)(c) The Slovak Republic declares that in accordance with the national law of the Slovak Republic only the procedure according to Article 16, paragraph 1, subparagraph (c) of the Convention may be applied.
Article 17
- Section 39 of the Slovak Republic Code No 91/2001 [available in English here]
- Act 115/1998 on museums and art galleries
- Act 183 on Librairies, on the supplements of Act No. 27:1987 of the Slovak National Council on the state care of historical monuments and on the amendments and supplements of Act No. 68:1997 on Matica slovenská [available in English here]
- Act 49 on the Protection of Monuments and Historic sites [English]
- Act 416 on the Return of Illegally Exported Cutlural Objects [available in English here]
SLOVENIA
Slovenia
(ENTRY INTO FORCE 01.10.2004)
Uradni list RS, št. 23/2004, stran. 3042
Uradni list RS, št. 126/03, ZVPOPKD
Article 16(1)(b) In compliance with Article 16 of the Convention, the Ministry of Culture is the authority which shall receive claims for the restitution, or requests for the return, of cultural objects, and shall forward them to the courts of the Republic of Slovenia.
Article 17
South Africa
(ENTRY INTO FORCE 01.07.2018)
Article 16(1)(c) In accordance with paragraph 1 of Article 16 of the Convention, South Africa declares 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 through diplomatic or consular channels.
Article 17
SPAIN
Spain
(ENTRY INTO FORCE 01.11.2002)
Publicado en: «BOE» núm. 248, de 16 de octubre de 2002, páginas 36366 a 36373 (8 págs.)
Article 16(1)(b) (Translated from Spanish). Requests for the restitution or return of cultural objects, submitted by a State in accordance with Article 8 of the Convention, may be submitted under the procedure provided for in Article 16 (b) of the Convention. For that purpose, the competent authority shall be understood to be the Ministry of Education, Culture, and Sport (General Directorate of fine arts and cultural objects).
Article 17
Article 13(3) (Translation from Spanish). As a Member State of the European Union, Spain specifically declares that, in its relations with Contracting States which are also Member States of the Union, only the internal rules of the European Union shall apply and that therefore the provisions of this Convention, the scope of application of which coincides with that of those rules, shall not apply in respect of those relations.
Articles
Sweden
(ENTRY INTO FORCE 01.12.2011)
Article 16(1)(a)(b) In accordance with paragraphs 1 and 2 of Article 16 of the Convention, requests for the return of illegally exported cultural objects and other related issues may be submitted directly to a general court, and claims for the restitution of stolen cultural objects and related issues may be submitted to a general court or to the Swedish Enforcement Authority.
Article 17
- Information concerning the legislation of Sweden regulating the export of cultural objects
- The Historic Environment Act
- Ordinance concerning Historic Environment
Article 13(3) In accordance with paragraph 3 of Article 13 of the Convention, Council Directive 93/7/EEC of 15 March 1993 on the return of cultural objects unlawfully removed from the territory of a Member State will still be applied with respect to States that are Contracting Parties to the European Economic Area Agreement when the scope of application of the Directive and the Convention coincide.
Legislative Procedure
Articles
Godtrosförvärvets vara eller icke vara – en rättsekonomisk analys av handeln med stulen konst
Syrian Arab Republic
(ENTRY INTO FORCE 01.10.2018)
Article 16(1)(c) The Government of the Syrian Arab Republic declares that in accordance with paragraph 1 of Article 16 of the Convention, claims for the restitution or requests for the return of cultural objects may be submitted through diplomatic or consular channels (Article 16(1)(c)) and exclusively through the Permanent Delegation of the Syrian Arab Republic to UNESCO and the Ministry of Foreign Affairs and Expatriates.
Article 17
- Antiquities Law [available in English here]
TOGO
Togo
(ENTRY INTO FORCE 01.03.2022)
Article 16 (Translation). Togo declares that in accordance with Article 16, paragraph 1 of the Convention, claims for the restitution, or requests for the return, of cultural objects brought by a State under Article 8 may be submitted to Togo under the procedures which Togo approves: a) directly to the courts or other competent authorities; and c) through diplomatic or consular channels.
Article 17 – Loi N° 90-24 du 23 novembre 1990 relative à la protection du patrimoine cultural national (articles 13 et 24)
Tunisia
(ENTRY INTO FORCE 01.09.2017)
Article 16(1)(a)(c) (Translation). The Republic of Tunisia declares, in accordance with Article 16(1) of the Convention, that claims for restitution or return of cultural objects may be submitted according to the procedures provided for under Article 16(1)(a) and (c).
Article 17
Related Articles
YEMEN
Yemen
(ENTRY INTO FORCE 01.04.2025)
Article 16(1): The Republic of Yemen declares, in accordance with Article 16(1) of the Convention, that claims for restitution or return of cultural objects brought by a State under Article 8 may be submitted through diplomatic or consular channels.
Article 17: The Republic of Yemen presents, in accordance with Article 27 of the Convention, its legislation regulating the export of cultural objects: Law on Antiquities N. 21/1994 modified by law N. 8/1997 and in particular Articles 29, 32, 33 and 34.
Chapter six, Article 29: It is forbidden to engage in the trade of movable antiquities or to freely misuse national cultural heritage – whether or not they are registered by GOAM (General Organization for Antiquities and Museums) or to transfer their ownership in violation of the rules of this law.
Chapter six, Article 32: GOAM has the right to enquire the ownership of any antiquity in the possession of any individual or entity, either by donation, consensus or by expropriation in exchange for fair compensation.
Chapter six, Article 33: The export of antiquities is prohibited. However, it is permissible – by a decision of the Chairman of GOAM – to authorise the export of antiquities, cultural and natural samples for the purpose of examination. In addition, it is also permissible – by a decision of the Minister (of culture) – to export antiquities and cultural materials for the purpose of maintenance, restoration or display and temporary loan according to a special order issued by the Minister. This order must include that GOAM has to right to approve or reject the export after taking all legal procedures.
Chapter six, Article 34: The Antiquities Authority shall benefit from the conventions, treaties and recommendations of international institutions to retain antiquities smuggled out of the Republic, and shall also assist in the return of foreign antiquities on condition of reciprocity.
The UNESCO Database of National Cultural Heritage Laws was launched in 2005 with the financial support of the US Department of State. It is the unique tool which allows a free and easy access to cultural heritage laws currently in force as well as a rapid consultation of other relevant national cultural rules and regulations.
2756 laws of 188 Member States are published on the Database website. There have been 10,812 researches and 1,196.049 impressions in the last three months.
By compiling on the Internet the national laws of the Member States, UNESCO offers all stakeholders (governments, customs, art dealers, organizations, lawyers, buyers …) a complete source of information easily accessible. If legal question about the origin of an object (stolen, looted, exported, imported or acquired illegally), it is indeed useful to quickly check the relevant national legislation.
The UNESCO Database of National Cultural Heritage Laws allows searching:
- National legislation for the protection of cultural heritage in general;
- Certificates for export and / or import cultural property (on request);
- Translations, official or otherwise, of national laws and certificates;
- Details of the competent national authorities in the field of cultural heritage;
- The addresses of the official national websites dedicated to the protection of cultural heritage.