Convention on the Means of
Prohibiting and Preventing the Illicit Import, Export and
Transfer of Ownership of Cultural Property 1970
Paris, 14 November 1970
The General Conference of the United Nations Educational,
Scientific and Cultural Organization, meeting in Paris from 12
October to 14 November 1970, at its sixteenth session,
Recalling the importance of the provisions
contained in the Declaration of the Principles of International
Cultural Co-operation, adopted by the General Conference at its
fourteenth session,
Considering that the interchange of cultural
property among nations for scientific, cultural and educational
purposes increases the knowledge of the civilization of Man,
enriches the cultural life of all peoples and inspires mutual
respect and appreciation among nations,
Considering that cultural property constitutes one
of the basic elements of civilization and national culture, and
that its true value can be appreciated only in relation to the
fullest possible information regarding is origin, history and
traditional setting,
Considering that it is incumbent upon every State
to protect the cultural property existing within its territory
against the dangers of theft, clandestine excavation, and illicit
export,
Considering that, to avert these dangers, it is
essential for every State to become increasingly alive to the
moral obligations to respect its own cultural heritage and that
of all nations,
Considering that, as cultural institutions,
museums, libraries and archives should ensure that their
collections are built up in accordance with universally
recognized moral principles,
Considering that the illicit import, export and
transfer of ownership of cultural property is an obstacle to that
understanding between nations which it is part of UNESCO's
mission to promote by recommending to interested States,
international conventions to this end,
Considering that the protection of cultural
heritage can be effective only if organized both nationally and
internationally among States working in close
co-operation,
Considering that the UNESCO General Conference
adopted a Recommendation to this effect in 1964,
Having before it further proposals on the means of
prohibiting and preventing the illicit import, export and
transfer of ownership of cultural property, a question which is
on the agenda for the session as item 19,
Having decided, at its fifteenth session, that this
question should be made the subject of an international
convention,
Adopts this Convention on the fourteenth day of
November 1970.
Article 1
For the purposes of this Convention, the term `cultural
property' means property which, on religious or secular
grounds, is specifically designated by each State as being of
importance for archaeology, prehistory, history, literature, art
or science and which belongs to the following
categories:
(a) Rare collections and specimens of fauna, flora, minerals
and anatomy, and objects of palaeontological interest;
(b) property relating to history, including the history of
science and technology and military and social history, to the
life of national leaders, thinkers, scientists and artist 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 manu-factured articles decorated by hand);
(ii) original works of statuary art and sculpture in any
material;
(iii) original engravings, prints and lithographs;
(iv) original artistic assemblages and montages in any
material;
(h) rare manuscripts and incunabula, old books, documents and
publications of special interest (historical, artistic,
scientific, literary, etc.) singly or in collections;
(i) postage, revenue and similar stamps, singly or in
collections;
(j) archives, including sound, photographic and
cinematographic archives;
(k) articles of furniture more than one hundred years old and
old musical instruments.
Article 2
1. The States Parties to this Convention recognize that the
illicit import, export and transfer of ownership of cultural
property is one of the main causes of the impoverishment of the
cultural heritage of the countries of origin of such property and
that international co-operation constitutes one of the most
efficient means of protecting each country's cultural
property against all the dangers resulting there from.
2. To this end, the States Parties undertake to oppose such
practices with the means at their disposal, and particularly by
removing their causes, putting a stop to current practices, and
by helping to make the necessary reparations.
Article 3
The import, export or transfer of ownership of cultural
property effected contrary to the provisions adopted under this
Convention by the States Parties thereto, shall be illicit.
Article 4
The States Parties to this Convention recognize that for the
purpose of the Convention property which belongs to the following
categories forms part of the cultural heritage of each State:
(a) Cultural property created by the individual or collective
genius of nationals of the State concerned, and cultural property
of importance to the State concerned created within the territory
of that State by foreign nationals or stateless persons resident
within such territory;
(b) cultural property found within the national territory;
(c) cultural property acquired by archaeological, ethnological
or natural science missions, with the consent of the competent
authorities of the country of origin of such property;
(d) cultural property which has been the subject of a freely
agreed exchange;
(e) cultural property received as a gift or purchased legally
with the consent of the competent authorities of the country of
origin of such property.
Article 5
To ensure the protection of their cultural property against
illicit import, export and transfer of ownership, the States
Parties to this Convention undertake, as appropriate for each
country, to set up within their territories one or more national
services, where such services do not already exist, for the
protection of the cultural heritage, with a qualified staff
sufficient in number for the effective carrying out of the
following functions:
(a) contributing to the formation of draft laws and
regulations designed to secure the protection of the cultural
heritage and particularly prevention of the illicit import,
export and transfer of ownership of important cultural
property;
(b) establishing and keeping up to date, on the basis of a
national inventory of protected property, a list of important
public and private cultural property whose export would
constitute an appreciable impoverishment of the national cultural
heritage;
(c) promoting the development or the establishment of
scientific and technical institutions (museums, libraries,
archives, laboratories, workshops...) required to ensure the
preservation and presentation of cultural property;
(d) organizing the supervision of archaeological excavations,
ensuring the preservation in situ of certain cultural property,
and protecting certain areas reserved for future archaeological
research;
(e) establishing, for the benefit of those concerned
(curators, collectors, antique dealers, etc.) rules in conformity
with the ethical principles set forth in this Convention; and
taking steps to ensure the observance of those rules;
(f) taking educational measures to stimulate and develop
respect for the cultural heritage of all States, and spreading
knowledge of the provisions of this Convention;
(g) seeing that appropriate publicity is given to the
disappearance of any items of cultural property.
Article 6
The States Parties to this Convention undertake:
(a) To introduce an appropriate certificate in which the
exporting State would specify that the export of the cultural
property in question is authorized. The certificate should
accompany all items of cultural property exported in accordance
with the regulations;
(b) to prohibit the exportation of cultural property from
their territory unless accompanied by the above-mentioned export
certificate;
(c) to publicize this prohibition by appropriate means,
particularly among persons likely to export or import cultural
property.
Article 7
The States Parties to this Convention undertake:
(a) To take the necessary measures, consistent with national
legislation, to prevent museums and similar institutions within
their territories from acquiring cultural property originating in
another State Party which has been illegally exported after entry
into force of this Convention, in the States concerned. Whenever
possible, to inform a State of origin Party to this Convention of
an offer of such cultural property illegally removed from that
State after the entry into force of this Convention in both
States;
(b) (i) to prohibit the import of cultural property stolen
from a museum or a religious or secular public monument or
similar institution in another State Party to this Convention
after the entry into force of this Convention for the States
concerned, provided that such property is documented as
appertaining to the inventory of that institution;
(ii) at the request of the State Party of origin, to take
appropriate steps to recover and return any such cultural
property imported after the entry into force of this Convention
in both States concerned, provided, however, that the requesting
State shall pay just compensation to an innocent purchaser or to
a person who has valid title to that property. Requests for
recovery and return shall be made through diplomatic offices. The
requesting Party shall furnish, at its expense, the documentation
and other evidence necessary to establish its claim for recovery
and return. The Parties shall impose no customs duties or other
charges upon cultural property returned pursuant to this Article.
All expenses incident to the return and delivery of the cultural
property shall be borne by the requesting Party.
Article 8
The States Parties to this Convention undertake to impose
penalties or admin-istrative sanctions on any person responsible
for infringing the prohibitions referred to under Articles 6(b)
and 7(b) above.
Article 9
Any State Party to this Convention whose cultural patrimony is
in jeopardy from pillage of archaeological or ethnological
materials may call upon other States Parties who are affected.
The States Parties to this Convention undertake, in these
circumstances, to participate in a concerted international effort
to determine and to carry out the necessary concrete measures,
including the control of exports and imports and international
commerce in the specific materials concerned. Pending agreement
each State concerned shall take provisional measures to the
extent feasible to prevent irremediable injury to the cultural
heritage of the requesting State.
Article 10
The States Parties to this Convention undertake:
(a) To restrict by education, information and vigilance,
movement of cultural property illegally removed from any State
Party to this Convention and, as appropriate for each country,
oblige antique dealers, subject to penal or administrative
sanctions, to maintain a register recording the origin of each
item of cultural property, names and addresses of the supplier,
description and price of each item sold and to inform the
purchaser of the cultural property of the export prohibition to
which such property may be subject;
(b) to endeavour by educational means to create and develop in
the public mind a realization of the value of cultural property
and the threat to the cultural heritage created by theft,
clandestine excavations and illicit exports.
Article 11
The export and transfer of ownership of cultural property
under compulsion arising directly or indirectly from the
occupation of a country by a foreign power shall be regarded as
illicit.
Article 12
The States Parties to this Convention shall respect the
cultural heritage within the territories for the international
relations of which they are responsible, and shall take all
appropriate measures to prohibit and prevent the illicit import,
export and transfer of ownership of cultural property in such
territories.
Article 13
The States Parties to this Convention also undertake,
consistent with the laws of each State:
(a) to prevent by all appropriate means transfers of ownership
of cultural property likely to promote the illicit import or
export of such property;
(b) to ensure that their competent services co-operate in
facilitating the earliest possible restitution of illicitly
exported cultural property to its rightful owner;
(c) to admit actions for recovery of lost or stolen items of
cultural property brought by or on behalf of the rightful
owners;
(d) to recognize the indefeasible right of each State Party to
this Convention to classify and declare certain cultural property
as inalienable which should therefore ipso facto not be exported,
and to facilitate recovery of such property by the State
concerned in cases where it has been exported.
Article 14
In order to prevent illicit export and to meet the obligations
arising from the implementation of this Convention, each State
Party to the Convention should, as far as it is able, provide the
national services responsible for the protection of its cultural
heritage with an adequate budget and, if necessary, should set up
a fund for this purpose.
Article 15
Nothing in this Convention shall prevent States Parties
thereto from concluding special agreements among themselves or
from continuing to implement agreements already concluded
regarding the restitution of cultural property removed, whatever
the reason, from its territory of origin, before the entry into
force of this Convention for the States concerned.
Article 16
The States Parties to this Convention shall in their periodic
reports submitted to the General Conference of the United Nations
Educational, Scientific and Cultural Organization on dates and in
a manner to be determined by it, give information on the
legislative and administrative provisions which they have adopted
and other action which they have taken for the application of
this Convention, together with details of the experience acquired
in this field.
Article 17
1. The States Parties to this Convention may call on the
technical assistance of the United Nations Educational,
Scientific and Cultural Organization, particularly as
regards:
(a) Information and education;
(b) consultation and expert advice;
(c) co-ordination and good offices.
2. The United Nations Educational, Scientific and Cultural
Organization may, on its own initiative conduct research and
publish studies on matters relevant to the illicit movement of
cultural property.
3. To this end, the United Nations Educational, Scientific and
Cultural Organization may also call on the co-operation of any
competent non-governmental organization.
4. The United Nations Educational, Scientific and Cultural
Organization may, on its own initiative, make proposals to States
Parties to this Convention for its implementation.
5. At the request of at least two States Parties to this
Convention which are engaged in a dispute over its
implementation, UNESCO may extend its good offices to reach a
settlement between them.
Article 18
This Convention is drawn up in English, French, Russian and
Spanish, the four texts being equally authoritative.
Article 19
1. This Convention shall be subject to ratification or
acceptance by States members of the United Nations Educational,
Scientific and Cultural Organization in accordance with their
respective constitutional procedures.
2. The instruments of ratification or acceptance shall be
deposited with the Director-General of the United Nations
Educational, Scientific and Cultural Organization.
Article 20
1. This Convention shall be open to accession by all States
not members of the United Nations Educational, Scientific and
Cultural Organization which are invited to accede to it by the
Executive Board of the Organization.
2. Accession shall be effected by the deposit of an instrument
of accession with the Director-General of the United Nations
Educational, Scientific and Cultural Organization.
Article 21
This Convention shall enter into force three months after the
date of the deposit of the third instrument of ratification,
acceptance or accession, but only with respect to those States
which have deposited their respective instruments on or before
that date. It shall enter into force with respect to any other
State three months after the deposit of its instrument of
ratification, acceptance or accession.
Article 22
The States Parties to this Convention recognize that the
Convention is applicable not only to their metropolitan
territories but also to all territories for the international
relations of which they are responsible; they undertake to
consult, if necessary, the governments or other competent
authorities of these territories on or before ratification,
acceptance or accession with a view to securing the application
of the Convention to those territories, and to notify the
Director-General of the United Nations Educational, Scientific
and cultural Organization of the territories to which it is
applied, the notification to take effect three months after the
date of its receipt.
Article 23
1. Each State Party to this Convention may denounce the
Convention on its own behalf or on behalf of any territory for
whose international relations it is responsible.
2. The denunciation shall be notified by an instrument in
writing, deposited with the Director-General of the United
Nations Educational, Scientific and Cultural Organization.
3. The denunciation shall take effect twelve months after the
receipt of the instrument of denunciation.
Article 24
The Director-General of the United Nations Educational,
Scientific and Cultural Organization shall inform the States
members of the Organization, the States not members of the
Organization which are referred to in Article 20, as well as the
United Nations, of the deposit of all the instruments of
ratification, acceptance and accession provided for in Articles
19 and 20, and of the notifications and denunciations provided
for in Articles 22 and 23 respectively.
Article 25
1. This Convention may be revised by the General Conference of
the United Nations Educational, Scientific and Cultural
Organization. Any such revision shall, however, bind only the
States which shall become Parties to the revising
convention.
2. If the General Conference should adopt a new convention
revising this Convention in whole or in part, then, unless the
new convention otherwise provides, this Convention shall cease to
be open to ratification, acceptance or accession, as from the
date on which the new revising convention enters into
force.
Article 26
In conformity with Article 102 of the Charter of the United
Nations, this Convention shall be registered with the Secretariat
of the United Nations at the request of the Director-General of
the United Nations Educational, Scientific and Cultural
Organization.
Done in Paris this seventeenth day of November 1970, in two
authentic copies bearing the signature of the President of the
sixteenth session of the General Conference and of the
Director-General of the United Nations Educational, Scientific
and Cultural Organization, which shall be deposited in the
archives of the United Nations Educational, Scientific and
Cultural Organization, and certified true copies of which shall
be delivered to all the States referred to in Articles 19 and 20
as well as to the United Nations.