HISTORIC AND ARCHAEOLOGICAL HERITAGE AND MISCELLANEOUS PROVISIONS ACT 2023

• (ii) upheld under paragraph 8(3)(a)(ii) but in respect of part only of the land,

• (c) the Minister gives his or her consent to the compulsory acquisition of the land by the local authority, and

• (d) the Minister for Public Expenditure, National Development Plan Delivery and Reform gives his or her consent to the compulsory acquisition of the land,

the local authority may by order (in this Schedule referred to as a “vesting order (local authority)”), in the prescribed form, acquire the land (but excluding any part of that land the subject of a refusal referred to in paragraph 8(5) or any part of that land referred to in clause (b)(ii)).

• (2) Where the local authority, before making a vesting order (local authority), becomes aware that the land to be acquired by the order is subject (whether alone or in conjunction with other land) to any annuity or other payment to the Minister for Agriculture, Food and the Marine or to any charge under the Acts (within the meaning of section 949A of the Taxes Consolidation Act 1997) payable to the Revenue Commissioners, the local authority shall forthwith inform the Minister for Agriculture, Food and the Marine or the Revenue Commissioners, as the case may be, of the intention to make the order.

• (3) Whenever the local authority makes a vesting order (local authority), it shall, within 14 days after making the order—

• (a) publish a copy of it in Iris Oifigiúil,

• (b) in case all the land comprised in the order is in the occupation of the same person or persons, post a notice containing a copy of the order on or near the land and, in any other case, post such notice—

• (i) subject to subclause (ii), on or near the land of each occupier, or

• (ii) if the land is commonage, on or near the land in such prominent position as the Minister is of the opinion is appropriate in all the circumstances,

and

• (c) give a copy of the order to—

• (i) every (if any) owner of the land unless the identity and whereabouts of the owner are unknown, and

• (ii) every (if any) occupier of the land unless the identity and whereabouts of the occupier are unknown.

• (2) When the local authority makes a vesting order (local authority) in relation to land, it shall send the order to the registering authority under the Act of 1964 and thereupon the registering authority shall cause the local authority to be registered under that Act as owner of the land in accordance with the order.

• (2) The amount of any compensation to be paid under this paragraph shall be determined under and in accordance with the Lands Clauses Acts and, for the purposes of those Acts, the local authority shall be deemed to be the promoter of the undertaking and this Act and the vesting order (local authority) shall be deemed to be the special Act; and, for the purposes of such determination, those Acts shall apply with any other necessary modifications and are incorporated (except in so far as they are inconsistent with and subject to any amendments or modification, express or implied, thereof effected by this Act) with this Act.

SCHEDULE 3 UNESCO Convention concerning Protection of the World Cultural and Natural Heritage done in Paris on 23 November 1972

Section 90

The General Conference of the United Nations Educational, Scientific and Cultural Organization meeting in Paris from 17 October to 21 November 1972, at its seventeenth session,

Noting that the cultural heritage and the natural heritage are increasingly threatened with destruction not only by the traditional causes of decay, but also by changing social and economic conditions which aggravate the situation with even more formidable phenomena of damage or destruction,

Considering that deterioration or disappearance of any item of the cultural or natural heritage constitutes a harmful impoverishment of the heritage of all the nations of the world,

Considering that protection of this heritage at the national level often remains incomplete because of the scale of the resources which it requires and of the insufficient economic, scientific, and technological resources of the country where the property to be protected is situated,

Recalling that the Constitution of the Organization provides that it will maintain, increase, and diffuse knowledge by assuring the conservation and protection of the world’s heritage, and recommending to the nations concerned the necessary international conventions,

Considering that the existing international conventions, recommendations and resolutions concerning cultural and natural property demonstrate the importance, for all the peoples of the world, of safeguarding this unique and irreplaceable property, to whatever people it may belong,

Considering that parts of the cultural or natural heritage are of outstanding interest and therefore need to be preserved as part of the world heritage of mankind as a whole,

Considering that, in view of the magnitude and gravity of the new dangers threatening them, it is incumbent on the international community as a whole to participate in the protection of the cultural and natural heritage of outstanding universal value, by the granting of collective assistance which, although not taking the place of action by the State concerned, will serve as an efficient complement thereto,

Considering that it is essential for this purpose to adopt new provisions in the form of a convention establishing an effective system of collective protection of the cultural and natural heritage of outstanding universal value, organized on a permanent basis and in accordance with modern scientific methods,

Having decided, at its sixteenth session, that this question should be made the subject of an international convention,

Adopts this sixteenth day of November 1972 this Convention.

I. DEFINITION OF THE CULTURAL AND NATURAL HERITAGE

Article 1

For the purpose of this Convention, the following shall be considered as “cultural heritage”:

monuments: architectural works, works of monumental sculpture and painting, elements or structures of an archaeological nature, inscriptions, cave dwellings and combinations of features, which are of outstanding universal value from the point of view of history, art or science;

groups of buildings: groups of separate or connected buildings which, because of their architecture, their homogeneity or their place in the landscape, are of outstanding universal value from the point of view of history, art or science;

sites: works of man or the combined works of nature and man, and areas including archaeological sites which are of outstanding universal value from the historical, aesthetic, ethnological or anthropological point of view.

Article 2

For the purposes of this Convention, the following shall be considered as “natural heritage”:

natural features consisting of physical and biological formations or groups of such formations, which are of outstanding universal value from the aesthetic or scientific point of view;

geological and physiographical formations and precisely delineated areas which constitute the habitat of threatened species of animals and plants of outstanding universal value from the point of view of science or conservation;

natural sites or precisely delineated natural areas of outstanding universal value from the point of view of science, conservation or natural beauty.

Article 3

It is for each State Party to this Convention to identify and delineate the different properties situated on its territory mentioned in Articles 1 and 2 above.

II. NATIONAL PROTECTION AND INTERNATIONAL PROTECTION OF THE CULTURAL AND NATURAL HERITAGE

Article 4

Each State Party to this Convention recognizes that the duty of ensuring the identification, protection, conservation, presentation and transmission to future generations of the cultural and natural heritage referred to in Articles 1 and 2 and situated on its territory, belongs primarily to that State. It will do all it can to this end, to the utmost of its own resources and, where appropriate, with any international assistance and co-operation, in particular, financial, artistic, scientific and technical, which it may be able to obtain.

Article 5

To ensure that effective and active measures are taken for the protection, conservation and presentation of the cultural and natural heritage situated on its territory, each State Party to this Convention shall endeavor, in so far as possible, and as appropriate for each country:

• (a) to adopt a general policy which aims to give the cultural and natural heritage a function in the life of the community and to integrate the protection of that heritage into comprehensive planning programmes;

• (b) to set up within its territories, where such services do not exist, one or more services for the protection, conservation and presentation of the cultural and natural heritage with an appropriate staff and possessing the means to discharge their functions;

• (c) to develop scientific and technical studies and research and to work out such operating methods as will make the State capable of counteracting the dangers that threaten its cultural or natural heritage;

• (d) to take the appropriate legal, scientific, technical, administrative and financial measures necessary for the identification, protection, conservation, presentation and rehabilitation of this heritage; and

• (e) to foster the establishment or development of national or regional centres for training in the protection, conservation and presentation of the cultural and natural heritage and to encourage scientific research in this field.

Article 6

Article 7

For the purpose of this Convention, international protection of the world cultural and natural heritage shall be understood to mean the establishment of a system of international cooperation and assistance designed to support States Parties to the Convention in their efforts to conserve and identify that heritage.

III INTERGOVERNMENTAL COMMITTEE FOR THE PROTECTION OF THE WORLD CULTURAL AND NATURAL HERITAGE

Article 8

Article 9

Article 10

Article 11

Article 12

The fact that a property belonging to the cultural or natural heritage has not been included in either of the two lists mentioned in paragraphs 2 and 4 of Article 11 shall in no way be construed to mean that it does not have an outstanding universal value for purposes other than those resulting from inclusion in these lists.

Article 13

Article 14

IV FUND FOR THE PROTECTION OF THE WORLD CULTURAL AND NATURAL HERITAGE

Article 15

• (a) compulsory and voluntary contributions made by States Parties to this Convention,

• (b) Contributions, gifts or bequests which may be made by:

• (i) other States;

• (ii) the United Nations Educational, Scientific and Cultural Organization, other organizations of the United Nations system, particularly the United Nations Development Programme or other intergovernmental organizations;

• (iii) public or private bodies or individuals;

• (c) any interest due on the resources of the Fund;

• (d) funds raised by collections and receipts from events organized for the benefit of the fund; and

• (e) all other resources authorized by the Fund's regulations, as drawn up by the World Heritage Committee.

Article 16

The terms of office of any such State which is already a member of the Committee shall terminate at the time of the elections provided for in Article 8, paragraph 1 of this Convention.

Article 17

The States Parties to this Convention shall consider or encourage the establishment of national public and private foundations or associations whose purpose is to invite donations for the protection of the cultural and natural heritage as defined in Articles 1 and 2 of this Convention.

Article 18

The States Parties to this Convention shall give their assistance to international fund-raising campaigns organized for the World Heritage Fund under the auspices of the United Nations Educational, Scientific and Cultural Organization. They shall facilitate collections made by the bodies mentioned in paragraph 3 of Article 15 for this purpose.

V. CONDITIONS AND ARRANGEMENTS FOR INTERNATIONAL ASSISTANCE

Article 19

Any State Party to this Convention may request international assistance for property forming part of the cultural or natural heritage of outstanding universal value situated within its territory. It shall submit with its request such information and documentation provided for in Article 21 as it has in its possession and as will enable the Committee to come to a decision.

Article 20

Subject to the provisions of paragraph 2 of Article 13, sub-paragraph (c) of Article 22 and Article 23, international assistance provided for by this Convention may be granted only to property forming part of the cultural and natural heritage which the World Heritage Committee has decided, or may decide, to enter in one of the lists mentioned in paragraphs 2 and 4 of Article 11.

Article 21

Article 22

Assistance granted by the World Heritage Fund may take the following forms:

• (a) studies concerning the artistic, scientific and technical problems raised by the protection, conservation, presentation and rehabilitation of the cultural and natural heritage, as defined in paragraphs 2 and 4 of Article 11 of this Convention;

• (b) provisions of experts, technicians and skilled labour to ensure that the approved work is correctly carried out;

• (c) training of staff and specialists at all levels in the field of identification, protection, conservation, presentation and rehabilitation of the cultural and natural heritage;

• (d) supply of equipment which the State concerned does not possess or is not in a position to acquire;

• (e) low-interest or interest-free loans which might be repayable on a long-term basis;

• (f) the granting, in exceptional cases and for special reasons, of non-repayable subsidies.

Article 23

The World Heritage Committee may also provide international assistance to national or regional centres for the training of staff and specialists at all levels in the field of identification, protection, conservation, presentation and rehabilitation of the cultural and natural heritage.

Article 24

International assistance on a large scale shall be preceded by detailed scientific, economic and technical studies. These studies shall draw upon the most advanced techniques for the protection, conservation, presentation and rehabilitation of the natural and cultural heritage and shall be consistent with the objectives of this Convention. The studies shall also seek means of making rational use of the resources available in the State concerned.

Article 25

As a general rule, only part of the cost of work necessary shall be borne by the international community. The contribution of the State benefiting from international assistance shall constitute a substantial share of the resources devoted to each programme or project, unless its resources do not permit this.

Article 26

The World Heritage Committee and the recipient State shall define in the agreement they conclude the conditions in which a programme or project for which international assistance under the terms of this Convention is provided, shall be carried out. It shall be the responsibility of the State receiving such international assistance to continue to protect, conserve and present the property so safeguarded, in observance of the conditions laid down by the agreement.

VI. EDUCATIONAL PROGRAMMES

Article 27

Article 28

States Parties to this Convention which receive international assistance under the Convention shall take appropriate measures to make known the importance of the property for which assistance has been received and the role played by such assistance.

VII. REPORTS

Article 29

VIII FINAL CLAUSES

Article 30

This Convention is drawn up in Arabic, English, French, Russian and Spanish, the five texts being equally authoritative.

Article 31

Article 32

Article 33

This Convention shall enter into force three months after the date of the deposit of the twentieth instrument of ratification, acceptance or accession, but only with respect to those States which have deposited their respective instruments of ratification, acceptance or accession 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 34

The following provisions shall apply to those States Parties to this Convention which have a federal or non-unitary constitutional system:

• (a) with regard to the provisions of this Convention, the implementation of which comes under the legal jurisdiction of the federal or central legislative power, the obligations of the federal or central government shall be the same as for those States parties which are not federal States;

• (b) with regard to the provisions of this Convention, the implementation of which comes under the legal jurisdiction of individual constituent States, countries, provinces or cantons that are not obliged by the constitutional system of the federation to take legislative measures, the federal government shall inform the competent authorities of such States, countries, provinces or cantons of the said provisions, with its recommendation for their adoption.

Article 35

Article 36

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 32, as well as the United Nations, of the deposit of all the instruments of ratification, acceptance, or accession provided for in Articles 31 and 32, and of the denunciations provided for in Article 35.

Article 37

Article 38

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 twenty-third day of November 1972, in two authentic copies bearing the signature of the President of the seventeenth 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 31 and 32 as well as to the United Nations.

SCHEDULE 4 Compulsory Acquisition of Archaeological Object Under section 98

Section 98

1. In this Schedule—

“owner”, in relation to a relevant interest in an archaeological object, includes—

• (a) a reputed owner of the interest, and

• (b) in the case of paragraph (b) of the definition of “relevant interest”, the owner of that interest immediately before the interest ceased to subsist in the object by virtue of the operation of a vesting order (archaeological object);

“relevant interest”—

• (a) in relation to an archaeological object the subject of a notice under paragraph 2(1)(a), means any property interest or right in or over the object that, if the Minister were to compulsorily acquire the object in the terms specified in the notice, would cease to subsist in the object by virtue of the vesting order (archaeological object) concerned, and

• (b) in relation to an archaeological object the subject of a vesting order (archaeological object), means any property interest or right in or over the object that—

• (i) subsisted in the object immediately before that order was made, and

• (ii) has ceased to subsist in the object by virtue of that order;

“vesting order (archaeological object)” shall be construed in accordance with paragraph 4(1).

• (a) (i) publish a notice stating his or her intention to acquire the archaeological object compulsorily under section 98—

• (I) in Iris Oifigiúil, and

• (II) in at least one national newspaper,

and

• (ii) in the notice, specify a cut-off date (being a period of not less than 6 weeks immediately following the date of publication of the notice) for the purposes of paragraph 3(1),

and

• (b) give a copy of the notice under clause (a) to every owner of a relevant interest in the object whose name and address at which he or she ordinarily resides (whether in or outside the State) are known to the Minister.

• (2) The Minister shall ensure that the discharge of his or her obligation under subparagraph (1)(b) in respect of an archaeological object occurs not later than 30 days after his or her discharge of an obligation under subparagraph (1)(a)(i)(I) in respect of that object.

• (2) An owner who submitted an objection under subparagraph (1) may withdraw it by notice in writing given to the Minister.

• (3) Where, in relation to the proposed compulsory acquisition of an archaeological object under section 98, an objection is submitted to the Minister in accordance with subparagraph (1) and is not withdrawn, the Minister shall consider the objection as soon as is practicable and, by notice in writing given to the owner who submitted the objection—

• (a) decline to uphold the objection, for the reasons stated in the notice, in respect of all of the archaeological object to which the objection relates, or

• (b) uphold the objection, for the reasons stated in the notice, in respect of all or part of the archaeological object to which the objection relates.

• (a) no objection is submitted to the Minister in accordance with paragraph 3,

• (b) any such objection which is submitted is subsequently withdrawn or the Minister’s consideration of the objection under paragraph 3(3) results in the objection being—

• (i) declined to be upheld under paragraph 3(3)(a), or

• (ii) upheld under paragraph 3(3)(b) but in respect of part only of that object,

and

• (c) the Minister for Public Expenditure, National Development Plan Delivery and Reform gives his or her consent to the compulsory acquisition of the object by the Minister,

the Minister may by order (in this Schedule referred to as a “vesting order (archaeological object”)) in the prescribed form, acquire the object (but excluding any part of that object referred to in clause (b)(ii)).

• (2) A vesting order (archaeological object) shall be expressed and shall operate to vest the archaeological object to which it relates in the Minister free (subject to any exceptions expressly specified in the order) from any property interest or right in or over the object on a specified date not earlier than 21 days after the making of the order.

• (3) Whenever the Minister makes a vesting order (archaeological object), he or she shall, within 14 days after making the order—

• (a) publish a copy of it in Iris Oifigiúil, and

• (b) give a copy of the order to every owner of a relevant interest in the archaeological object whose name and the address at which he or she ordinarily resides (whether in or outside the State) are known to the Minister.

• (2) The Minister shall, as soon as practicable after receiving an application under subparagraph (1), appoint a person (in this paragraph referred to as the “assessor”) in respect of whom the Minister is satisfied has the requisite qualifications, knowledge and experience to carry out the assessment referred to in subparagraph (3).

• (3) The assessor shall, in respect of the application under subparagraph (1) which gave rise to his or her appointment as the assessor, as soon as is practicable after such appointment, consider the application and, applying his or her qualifications, knowledge and experience to the archaeological object the subject of the application, assess the specified sum of compensation (which may be a nil or token sum) that the assessor is of the opinion that the Minister ought to offer the owner who made the application in respect of the relevant interest concerned (in this paragraph referred to as the “assessed offer”) and give notice in writing to the Minister of such assessment.

• (4) Subject to subparagraph (5), the Minister shall, as soon as is practicable after receiving a notice under subparagraph (3)—

• (a) make the assessed offer, or

• (b) decline to make the assessed offer and revoke the vesting order (archaeological object) concerned to the extent that the order relates to the relevant interest the subject of the assessed offer.

• (5) The Minister shall not make the assessed offer unless he or she has the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform to do so.

• (6) The assessor shall be independent in the performance of his or her functions under this paragraph.

• (7) Nothing in this paragraph shall be construed to prevent an assessment of the value of an archaeological object being carried out for the purposes of the Minister’s consideration of its acquisition under section 98.

• (8) An assessor shall be paid such remuneration (if any) and such allowances for expenses as the Minister specifies in writing with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform.

SCHEDULE 5 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects done at Rome on 24 June 1995

Section 117

(Rome, 24 June 1995

THE STATES PARTIES TO THIS CONVENTION,

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 by taking the important step of establishing common, minimal legal rules for the restitution and return of 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 of cultural objects, and 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 by 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, the 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:

CHAPTER I

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 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 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 1 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 1 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.

SCHEDULE 6 UNESCO Convention on Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property done in Paris on 17 November 1970

Section 125

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 its origin, history and traditional setting,