Final Act of the Diplomatic Conference for the
Adoption of
the Draft Unidroit Convention on the international return of stolen or illegally exported cultural objects
1. - The Diplomatic Conference for the adoption of the draft Unidroit
Convention on the International Return of Stolen or Illegally Exported Cultural Objects
was held in Rome, Italy from 7 to 24 June 1995.
2. - Representatives of 70 States participated in the Conference,
namely representatives of:
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 Côte 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.
3. - Eight States sent observers to the Conference, namely:
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.
4. - The following intergovernmental Organisations were represented by
observers at the Conference:
the Commission of the European Communities
the Council of Europe
the Council of the European Union
the Hague Conference on Private International Law
the International Centre for the Study of the Preservation and the Restoration of Cultural
Property
the International Criminal Police Organization
the United Nations Educational, Scientific and Cultural Organization.
CHAPTER 1 - 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.
CHAPTER 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 lawhilly 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 df
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.
CHAPTER 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 I 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 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 a tribal or indigenous community for traditional or
ritual use by that community and the object will be returned to that community.
CHAPTER 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 nature 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.
CHAPTER 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 30 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 I 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 the 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.
ANNEXE
(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;
(1) archives, including sound, photographic and cinematographic
archives;
(k) articles of furniture more than one hundred years old and old
musical instruments.
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