1995
Unidroit Convention
Convention
on Stolen or Illegally Exported Cultural Objects, 24 June
1995
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 taking the important step of establishing common,
minimal
legal rules for the restitution and return 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 cultural objects, rind 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 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, and 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:
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”).
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.
(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
(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.
(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.
(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
(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 i 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 a 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
establishers that the object is of significant cultural importance for the
requesting State.
(4) Any request made under paragraph I of this article
shall contain or be accompanied such information of a factual or legal nature
as may assist the court or other competent authority of 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 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.
(1) The possessor of a cultural object who acquired
the object after it was illegally expo shall be entitled, at the time of its
return, to payment by the requesting State of fair and reason 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 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.
(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 sub-paragraph
(b) of the preceding paragraph, the provisions of this Chapter shall apply
where a cultural object was made by a member or members of tribal or indigenous
community for traditional or ritual use by that community and the object will
be returned to that community.>
(1) A claim under Chapter II and a request under Chapter
III may be brought before courts or other competent authorities of the Contracting
State where the cultural object is located, addition to the courts or other
competent authorities otherwise havina jurisdiction under the rules
(2)The
parties may agree to submit the dispute to any court or other competent authority
or arbitration.
(3)Resort
may be had to the provisional, including protective, measures
available
under law of the Contracting State where the object is located
even
when the claim for restitution or req for return of the object is
brought
before the courts or other competent authorities of ano
(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 decision of a court or other competent
authority of another Contracting State that departs from the provisions of
this Convention.
(1) The provisions of Chapter II shall apply only
in respect of a cultural object that is stole 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 illegally exported after this Convention
enters into force for the requesting State as well as the where the request
is brought.
(3) This Convention does not in any way legitimise
any illegal transaction of whatever n 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.
(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 o en for signature by all States at Rome until June
1996.
(2) This Convention is subject to ratification, acceptance
or approval by States which 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.
(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.
(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.
(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 b 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.
(1) Declarations made under this Convention at the
time of signature are subject 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 form 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.
(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 IH.
(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 I to 3 of this article
do not affect bilateral or multilateral agreements on judicial assistance
in respect of civil and commercial matters that may exisit between Contracting
States.
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.
No
reservations are permitted except those expressly authorised in this Convention.
(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.
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.
(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 S 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.
[Definitions
of Cultural Property under the Convention]
(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 stamps, revenue and similar stamps,
singly or in collections;
(i) archives, including sound, photographic and
cinematographic archives;
(k) articles of furniture more than one hundred years
old and old musical instruments.
[From
Final Act of the Diplomatic Conferences, Rome, 7-24 June 1995 - not part of
the Convention]
The
70 States which participated officially in the Conference The Republic of
Albania; the People’s Democratic Republic of Algeria; the Republic of Angola;
the Argentine Republic; Australia; the Republic of Austria: the Republic of
Belarus; the Kingdom of Belgium; the Republic of Bolivia; the Federative Republic
of Brazil; the Republic of Bulgaria; Burkina Faso; the Kingdom of Cambodia;
the Republic of Cameroon; Canada; the People’s Republic of China; the Republic
of Colombia; the Republic of Cote d’Ivoire; the Republic of Croatia; the Republic
of Cyprus; the Czech Republic; the Kingdom of Denmark; the Republic of Ecuador;
the Arab Republic of Egypt; the Republic of Finland; the French Republic;
the Republic of Georgia; the Federal Republic of Germany; the Republic of
Guinea: the Hellenic Republic; the Holy See; the Republic of Hungary; the
Republic of India; the Islamic Republic of Iran; Ireland; the State of Israel;
the Italian Republic;
Japan;
the State of Kuwait; the Socialist People’s Libyan Arab Jamahiriya; the Republic
of Lithuania; the Grand Duchy of Luxembourg; the Republic of Malta; the United
Mexican States; the Kingdom of Morocco; the Union of Myanmar; the Kingdom
of the Netherlands; the Federal Republic of Nigeria; the Kingdom of Norway;
the Islamic Republic of Pakistan: the Republic of Paraguay; the Republic of
Peru; the Republic of Poland; the Portuguese Republic; the Republic of Korea;
Romania:
the Russian Federation; the Republic of Slovenia: the Republic of South Africa;
the Kingdom of Spain; the Kingdom of Sweden; the Swiss Confederation; the
Kingdom of Thailand; the Republic of Tunisia; the Republic of Turkey; Ukraine;
the United Kingdom of Great Britain and Northern Ireland; the United States
of America; the Republic of Yemen; the Republic of Zambia.
The
8 States which sent observers to the Conference:
The
Republic of Bosnia-Herzegovina; the Republic of Ghana; the Republic of Guatemala;
the Republic of Honduras; the Hashemite Kingdom of Jordan; the Kingdom of
Saudi Arabia; the Syrian Arab Republic; the Republic of Venezuela.
The
Intergovernmental Organisations represented by observers at the Conference:
The
Commission of the European Communities, the Council of Europe, the Council
of the European Union, the International Institute for the Unification of
Private Law (Unidroit), the Hague Conference on Private International Law,
the International Centre for the Study of the Preservation and the Restoration
of Cultural Property (ICCROM), the International Criminal Police Organisation
INTERPOL), and the United Nations Educational, Scientific and Cultural Organization
(UNESCO).