united nations educational, scientific and cultural organization organisation des nations unies pour l'éducation, la science et la culture 19/12/2003

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1 U united nations educational, scientific and cultural organization organisation des nations unies pour l'éducation, la science et la culture 7, place de Fontenoy, Paris 07 SP 1, rue Miollis, Paris CEDEX 15 adresse postale : B.P.3.07 Paris téléphone : national international + (33.1) télégrammes : UNESCO Paris télex : Paris Paris téléfax : /12/2003 référence : CL/3694 Subject: Request for notification of national legislation concerning the protection of cultural property for inclusion in the UNESCO Cultural Heritage Laws Database a UNESCO electronic database Sir/Madam, UNESCO is reinforcing its campaign to strengthen the ratification and implementation of its conventions on cultural heritage, in particular the 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. This important Convention has recently achieved the symbolic milestone of 100 States Parties. Furthermore, following a request from the Organization, the Institute for the Unification of Private Law (UNIDROIT) adopted in 1995 the Convention on Stolen or Illegally Exported Cultural Objects, which is complementary to the 1970 UNESCO Convention for private law issues and is presently in force among 20 countries. Looting, theft, illegal export and import, and illicit trafficking of cultural property are international problems affecting all States to various extents. Experience has shown the urgency with which States need to adopt and implement a strong legal framework for policies and measures to protect cultural property against these crimes and UNESCO seeks to take this effort further. As we are dealing with an international problem, it is essential that the relevant national legislation be easily available in the country of origin as well as abroad, to organizations, institutions, private entities or individuals having a legal question concerning an object that may have been stolen or pillaged, and/or illegally exported, imported or acquired. In such a case, it is imperative to consult rapidly the current laws of the source State (for example, to determine whether the latter requires an export certificate for such cultural objects, or vests ownership in the State of yet unexcavated or illicitly excavated cultural property). States and the art market as a whole will benefit if such national legislation is made easily accessible, as it will facilitate checking the legal background of cultural objects for good faith purchasers, while persons engaging in illicit traffic will find it more difficult to claim ignorance of the legislation prohibiting such action. At its 32nd session, the UNESCO General Conference supported the principle of establishing a database of national legislation protecting cultural property. Additionally, the UNESCO Intergovernmental Committee for Promoting the Return of Cultural Property to its Countries of Origin or its Restitution in case of Illicit Appropriation, at its twelfth session in March 2003, adopted a specific Recommendation (see Annex I), inviting me, inter alia, to establish and maintain on the UNESCO website a Legislation Database that includes cultural heritage legislation including import and export certificates where provided by the applicable national legislation from To Ministers responsible for relations with UNESCO

2 page 2 all Member States as well as links to their relevant websites. It further requests all Member States to cooperate fully in providing copies of their legislation to the Organization for inclusion in this database. Finally, the participants in the Meeting of States Parties to the 1970 Convention that took place on 15 October 2003 recommended to Member States of UNESCO that they respond promptly to the request to submit to UNESCO in electronic format their national legislation and export or import certificates, if any, protecting cultural property against illicit traffic, exportation, excavation or transfer of ownership. I am very pleased to announce that UNESCO is establishing a database of national legislations, called UNESCO Cultural Heritage Laws Database, on its Culture website. I therefore take this opportunity to request officially that your Government provide UNESCO with the following, in electronic format: 1. the relevant legislation on cultural property in general (see Annex II) and especially on import, export and transfer of ownership of movable cultural objects (see Annex III for categories of such objects); 2. a regular and immediate update of such legislation: it is the responsibility of each Member State to ensure that UNESCO receives in electronic format a copy of the latest and current legislation; 3. any existing official translation of such legislation into one or more of the six working languages of the General Conference (Arabic, Chinese, English, French, Russian, Spanish). If not yet existing, such a translation is promptly needed into (at least) English and French. Translations of legal texts require specific care. An official translation indicates that it is approved by the national authorities. More exceptionally and where appropriate, the translation should also be authentic, i.e. expressing the lawmaker s intended meaning for those provisions which may appear obscure, especially to a foreign judge or administration. Such explanatory information may be easily provided as footnote references in the translated text. Any State would benefit from providing official translations, which would serve as a reference available immediately and internationally, to judges, lawenforcement agencies, cultural entities and professionals, thus promoting inter alia the essential objective of a uniform interpretation of your legislation abroad. If such a translation is not available, UNESCO will endeavour, within its financial means, to provide translations into English and French. However, the requested official translation to be provided by the concerned State remains the most appropriate action for the reasons stated above; 4. a copy of the current (and updated) export and import certificate for cultural property if required by your legislation; 5. the complete contact information for your State s official government office responsible for cultural heritage protection legislation, practices and interpretations (or explanations) of such legislation, as well as the Internet address, if any, of your official government website thereon; and 6. a written authorization in English or French permitting UNESCO to use, as it deems appropriate, and reproduce your legislation and certificate(s) on its website and to

3 page 3 establish an automatic link between the database and your State s official government website (unless such a link is expressly not desired). Please ensure that the competent authority tasked to comply with the above-cited requests refers to the technical guidelines provided in Annex II. Your contribution to this database is important and will be greatly appreciated. It cannot be overemphasized that the more accessible, complete and updated legislation you can provide on the database, the more effectively it will contribute to the protection of cultural heritage and the fight against illicit traffic. In conformity with the above-mentioned Recommendation, UNESCO would welcome any voluntary financial contribution to the establishment and maintenance of such a database. Please accept, Sir/Madam, the assurances of my highest consideration. Koïchiro Matsuura Director-General Enclosures: 3 annexes cc: National Commissions for UNESCO Permanent Delegations to UNESCO

4 Annex I ANNEX I UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND CULTURAL ORGANIZATION INTERGOVERNMENTAL COMMITTEE FOR PROMOTING THE RETURN OF CULTURAL PROPERTY TO ITS COUNTRIES OF ORIGIN OR ITS RESTITUTION IN CASE OF ILLICIT APPROPRIATION Twelfth session Paris, March 2003 Recommendation Number 5 The Intergovernmental Committee for Promoting the Return of Cultural Property to its Countries of Origin or its Restitution in case of Illicit Appropriation, Considering that lawmakers, lawyers, customs officers, art and antiquities dealers, especially in the international art market, and private individuals need to consult frequently the laws of a given State with regard to, among other things, importation or exportation of cultural property, Aware that international availability of national cultural heritage legislation would offer better protection to cultural property, Noting the urgent need for a centralized database where all such legislation may be consulted, 1. Invites the Director-General, while examining the possibilities of financing within UNESCO s budget and through voluntary contributions, to: (a) establish and maintain on the UNESCO website a Legislation Database that includes cultural heritage legislation including import and export certificates where provided by the applicable national legislation from all Member States as well as links to their relevant websites; (b) request from all Member States their full cooperation in (a) providing their national cultural heritage legislation, together with the necessary authorizations for it to be used as considered appropriate by UNESCO; (b) ensuring that UNESCO always receives the most up-to-date version of this legislation; and (c) providing their import and export certificates for such cultural property where provided by the applicable national legislation; and (c) provide legal translations of national cultural heritage legislation primarily into French and English, where these have not been provided by the State, then subsequently into other UNESCO official languages, welcoming voluntary contributions for this purpose, for inclusion in the Legislation Database.

5 Annex II ANNEX II GUIDELINES FOR SUBMITTING NATIONAL LEGISLATION CONCERNING THE PROTECTION OF CULTURAL PROPERTY TO UNESCO CULTURAL HERITAGE LAWS DATABASE A UNESCO ELECTRONIC DATABASE 1. The legislation to be submitted in electronic format: A. Subject matter: the relevant legislation currently in force on cultural heritage in general: tangible tangible heritage, as monuments, archaeological sites, and especially on import, export and transfer of ownership of movable cultural objects (for the categories of such objects, please refer to Annex III which provides the list set out in Article 1 of the 1970 UNESCO Convention); underwater heritage, as shipwrecks or settlements, etc.; and intangible heritage, as oral traditions etc.; B. Source: legislation to be provided irrespective of its source (law, decree, order, etc.) C. Scope: legislation to be provided irrespective of its geographic scope of application (federal or national legislation, as well as of cantons or provinces where appropriate); D. Date and title of each piece of legislation must be included with its full text. 2. Copy of certificate to be submitted in electronic format: Copy of the current (and updated) export and/or import certificate for cultural objects if required by your legislation. 3. Format of submission: Electronic form (Word format (.doc) or.rtf format, without layout or formatting) sent by diskette (PC formatted) or through (see No. 8 for the relevant addresses). Please spellcheck and validate the content. Images (if any) should be JPEG (.jpg) and no larger than 250 pixels. 4. Language: A. Legislation should be submitted in its original language. B. Any existing official translation of such legislation into one or more of the six working languages of the General Conference (Arabic, Chinese, English, French, Russian, Spanish) are to be submitted, with priority for UNESCO s two working languages, English and French. If official translations are produced in the future, please forward them immediately to UNESCO for inclusion.

6 Annex II page 2 5. Contact information: Complete name, address, telephone, facsimile and information of the official government office responsible for cultural heritage protection to which inquiries may be addressed. 6. Website links: If your State has an official government website relating to its cultural heritage protection legislation and practices, please provide the complete Internet address of your site. An automatic link from the UNESCO Cultural Heritage Laws Database to your official government website will be established unless you specify that such a link is not desired. 7. Authorization and responsibility: A. When submitting in electronic format the legislation and copy of export and/or import certificates to UNESCO for inclusion in the UNESCO Cultural Heritage Laws Database, please provide to UNESCO written authorization, in English or French, from the appropriate national authority, permitting UNESCO to use these data as deemed appropriate and reproduce them on our website. B. If, pursuant to paragraph 6 above, an automatic link is established from the UNESCO Cultural Heritage Laws Database to your official government website, please provide to UNESCO written authorization, in English or French, from the appropriate national authority, permitting UNESCO to establish such a link. C. It is the responsibility of each State to provide to UNESCO the latest and current legislation and (export/import) certificate in force and that in the event the law changes, the State immediately provide UNESCO with the new version to replace the old one in the database. 8. Submission: Please submit the foregoing: By mail to: UNESCO International Standard Section Division of Cultural Heritage 1 rue Miollis PARIS Telephone: ( ) /01 Fax: ( ) By to: r.roca-hachem@unesco.org

7 Annex III ANNEX III CONVENTION ON THE MEANS OF PROHIBITING AND PREVENTING THE ILLICIT IMPORT, EXPORT AND TRANSFER OF OWNERSHIP OF CULTURAL PROPERTY Done at Paris, 14 November 1970 (EXTRACT) 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) (b) rare collections and specimens of fauna, flora, minerals and anatomy, and objects of palaeontological interest; 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) (e) (f) (g) elements of artistic or historical monuments or archaeological sites which have been dismembered; antiquities more than one hundred years old, such as inscriptions, coins and engraved seals; objects of ethnological interest; property of artistic interest, such as: (i) (ii) pictures, paintings and drawings produced entirely by hand on any support and in any material (excluding industrial designs and manufactured articles decorated by hand); 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) (j) (k) postage, revenue and similar stamps, singly or in collections; archives, including sound, photographic and cinematographic archives; articles of furniture more than one hundred years old and old musical instruments.