Cultural Property (Armed Conflicts) Act 2017

Part 1 — Key definitions

“The Convention” and related expressions

1

• (1) In this Act—

• “the Convention” means the Convention for the Protection of Cultural Property in the Event of Armed Conflict, done at the Hague on 14 May 1954;

• “the Regulations for the execution of the Convention” means the Regulations for the execution of the Convention for the Protection of Cultural Property in the Event of Armed Conflict;

• “the First Protocol” means the Protocol to the Convention, done at the Hague on 14 May 1954;

• “the Second Protocol” means the Second Protocol to the Convention, done at the Hague on 26 March 1999.

• (2) The text of those instruments is set out in Schedules 1 to 4.

“Cultural property”

2

In this Act “cultural property” has the meaning given in Article 1 of the Convention.

Part 2 — Serious violation of Second Protocol

Offence of serious violation of Second Protocol

3

• (1) A person commits an offence if—

• (a) the person does an intentional act of a kind described in any of sub-paragraphs (a) to (e) of paragraph 1 of Article 15 of the Second Protocol,

• (b) the act is a violation of the Convention or the Second Protocol, and

• (c) the person knows that the property to which the act relates is cultural property.

• (2) It does not matter whether the act is done in the United Kingdom or elsewhere.

• (3) If the act is of a kind described in paragraph 1(a), (b) or (c) of Article 15 of the Second Protocol it does not matter whether the person is a UK national.

• (4) If the act is of a kind described in paragraph 1(d) or (e) of that Article and is done outside the United Kingdom an offence is committed only if the person is—

• (a) a UK national, or

• (b) a person subject to UK service jurisdiction.

• (5) In this Part “UK national” means—

• (a) a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas Citizen,

• (b) a person who under the British Nationality Act 1981 is a British subject,

• (c) a British protected person within the meaning of that Act, or

• (d) a body incorporated under the law of any part of the United Kingdom.

• (6) In this Part “person subject to UK service jurisdiction” means—

• (a) a person subject to service law within the meaning of the Armed Forces Act 2006, or

• (b) a civilian subject to service discipline within the meaning of that Act.

Ancillary offences

4

• (1) An offence ancillary to an offence under section 3 is capable of being committed in the United Kingdom or elsewhere.

• (2) An offence ancillary to an offence under section 3 in respect of an act of a kind described in paragraph 1(a), (b) or (c) of Article 15 of the Second Protocol is capable of being committed by any person, whether a UK national or not.

• (3) An offence ancillary to an offence under section 3 in respect of an act done outside the United Kingdom of a kind described in paragraph 1(d) or (e) of Article 15 of the Second Protocol is capable of being committed by a person outside the United Kingdom only if the person is—

• (a) a UK national, or

• (b) a person subject to UK service jurisdiction.

• (4) In the application of this Part to England and Wales, references to an offence that is ancillary to an offence under section 3 are to—

• (a) attempting or conspiring to commit that offence, or

• (b) an offence under section 4(1) or 5(1) of the Criminal Law Act 1967 (assisting an offender or concealing the commission of an offence) where the relevant offence mentioned there is an offence under section 3 of this Act.

• (5) In the application of this Part to Northern Ireland, references to an offence that is ancillary to an offence under section 3 are to—

• (a) attempting or conspiring to commit that offence, or

• (b) an offence under section 4(1) or 5(1) of the Criminal Law Act (Northern Ireland) 1967 (c. 18 (N.I.)) (assisting an offender or concealing the commission of an offence) where the relevant offence mentioned there is an offence under section 3 of this Act.

• (6) In the application of this Part to Scotland, references to an offence that is ancillary to an offence under section 3 are to—

• (a) being art and part in the commission of that offence,

• (b) aiding, abetting, counselling, procuring or inciting a person to commit that offence,

• (c) attempting or conspiring to commit that offence,

• (d) perverting, or attempting to pervert, the course of justice in connection with that offence, or

• (e) defeating, or attempting to defeat, the ends of justice in connection with that offence.

• (7) A reference in this Part to an offence that is ancillary to an offence under section 3 includes a reference to an offence that is ancillary to such an ancillary offence, and so on.

• (8) Subsections (4) to (6) apply for the purposes of subsection (7) as if any reference to an offence under section 3 included a reference to an offence that is ancillary to an offence under section 3, and so on.

Responsibility of commanders and other superiors

5

• (1) A person described in this section as responsible for a section 3 offence is to be treated as—

• (a) aiding, abetting, counselling or procuring the commission of the offence under the laws of England and Wales and Northern Ireland, and

• (b) being art and part in the commission of the offence under the law of Scotland.

• (2) A military commander is responsible for a section 3 offence committed by forces under the commander's effective command and control if—

• (a) the offence is committed as a result of the commander's failure to exercise control properly over those forces,

• (b) the commander either knew or, owing to the circumstances at the time, should have known that the forces were committing or about to commit the offence, and

• (c) the commander failed to take all necessary and reasonable measures within the commander's power to prevent or repress the commission of the offence or to submit the matter to the competent authorities for investigation and prosecution.

• (3) In subsection (2)—

• (a) references to a military commander include a reference to a person effectively acting as a military commander, and

• (b) in relation to such a person, the reference to effective command and control is to effective authority and control.

• (4) With respect to superior and subordinate relationships not described in subsection (2), a superior is responsible for a section 3 offence committed by a subordinate who is under the superior's effective authority and control if—

• (a) the offence is committed as a result of the superior's failure to exercise control properly over the subordinate,

• (b) the superior either knew, or consciously disregarded information which clearly indicated, that the subordinate was committing or about to commit the offence,

• (c) the offence concerned activities that were within the superior's effective responsibility and control, and

• (d) the superior failed to take all necessary and reasonable measures within the superior's power to prevent or repress the commission of the offence or to submit the matter to the competent authorities for investigation and prosecution.

• (5) References in this section to a “section 3 offence” are to—

• (a) an offence under section 3, or

• (b) an offence ancillary to such an offence.

• (6) In interpreting and applying the provisions of this section (which corresponds to article 28 of the Statute of the International Criminal Court done at Rome on 17 July 1998) a court must take account of any relevant judgment or decision of the International Criminal Court.

• (7) Nothing in this section affects any criminal liability that arises apart from this section.

Penalties

6

A person guilty of an offence under section 3, or an offence ancillary to such an offence, is liable on conviction on indictment to imprisonment for a term not exceeding 30 years.

Consent to prosecutions

7

Proceedings for an offence under section 3, or an offence ancillary to such an offence, may be brought—

• (a) in England and Wales, only by or with the consent of the Attorney General;

• (b) in Northern Ireland, only by or with the consent of the Director of Public Prosecutions for Northern Ireland.

Part 3 — Cultural emblem

The cultural emblem

8

In this Part “the cultural emblem” means the design shown below, coloured as described in the key.

Offence of unauthorised use

9

• (1) It is an offence for a person to use the cultural emblem otherwise than as authorised by section 10, 11 or 12.

• (2) In subsection (1) the reference to the cultural emblem includes any other design that so nearly resembles the emblem as to be capable of being mistaken for it.

• (3) A person guilty of an offence under this section is liable on summary conviction—

• (a) in England and Wales, to a fine;

• (b) in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale.

• (4) Proceedings for an offence under this section may be brought—

• (a) in England and Wales, only by or with the consent of the Director of Public Prosecutions;

• (b) in Northern Ireland, only by or with the consent of the Director of Public Prosecutions for Northern Ireland.

Use authorised by appropriate national authority

10

• (1) Use of the cultural emblem is authorised by this section if the use is in accordance with permission granted by the appropriate national authority for the part of the United Kingdom in which the use takes place.

• (2) But use of the cultural emblem in relation to immoveable cultural property is authorised by this section only if a copy of the permission is displayed alongside the cultural emblem.

• (3) Permission under this section—

• (a) may be general or specific;

• (b) may be withdrawn.

Other authorised use: moveable property

11

• (1) Use of the cultural emblem is authorised by this section if the use is for the purpose of identifying moveable cultural property.

• (2) Use of three representations of the cultural emblem (in a triangle, with one emblem below) is authorised by this section if the use is for the purpose of identifying cultural property that is undergoing protected transportation.

• (3) Cultural property is undergoing protected transportation if it enjoys the protection provided for in Article 12 or 13 of the Convention.

Other authorised use: personnel

12

• (1) Use of the cultural emblem is authorised by this section if the use is for the purpose of identifying—

• (a) a person mentioned in Article 2 or 7 of the Regulations for the execution of the Convention (persons responsible for control), or

• (b) a person who is designated for the purpose of this paragraph by any of the appropriate national authorities.

• (2) The appropriate national authority for a part of the United Kingdom may designate a person for the purpose of subsection (1)(b) only if the authority believes the person to be engaged in the protection of cultural property in that part of the United Kingdom (but a designation applies for the purposes of subsection (1)(b) even in relation to use of the cultural emblem in other parts of the United Kingdom).

Defences

13

• (1) If a person is charged with an offence under section 9 by reason of using a design, it is a defence to show that subsection (2), (3) or (4) applies.

• (2) This subsection applies if the use of the design is for a purpose for which the accused lawfully used it before this section comes into force.

• (3) This subsection applies if—

• (a) the design is registered as a trade mark,

• (b) the use is in relation to goods or services for which the trade mark is registered,

• (c) the trade mark was registered in relation to those goods or services before this section comes into force, and

• (d) the use of the design is not an infringement of the trade mark.

• (4) This subsection applies if—

• (a) the design is used on goods,

• (b) the design was applied to the goods before the accused acquired them, and

• (c) the person who applied the design to the goods falls within subsection (5).

• (5) A person falls within this subsection if the person—

• (a) manufactured the goods or dealt with them in the course of trade, and

• (b) lawfully used the design in relation to similar goods before this section comes into force.

• (6) If there is sufficient evidence before the court to raise an issue with respect to a defence under this section, the court must assume that the defence is made out unless it is proved beyond reasonable doubt that it is not.

Forfeiture following conviction under section 9

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• (1) If a person is convicted of an offence under section 9 by reason of using a design on an article, or in connection with an article, the court by which the person is convicted may order the forfeiture of the article.

• (2) The court may also make such provision as appears to it to be necessary for giving effect to the forfeiture.

• (3) That provision may include, in particular, provision relating to the retention, disposal or destruction of the article.

• (4) Provision made under this section may be varied at any time by the court that made it.

“Appropriate national authority”

15

For the purposes of this Part—

• (a) the Secretary of State is the appropriate national authority for England;

• (b) the Welsh Ministers are the appropriate national authority for Wales;

• (c) the Scottish Ministers are the appropriate national authority for Scotland;

• (d) the Department for Communities in Northern Ireland is the appropriate national authority for Northern Ireland.

Part 4 — Property exported from occupied territory

Definitions

“Unlawfully exported cultural property” etc

16

• (1) For the purposes of this Part property is “unlawfully exported cultural property” if—

• (a) it has been unlawfully exported from a territory which at the time was occupied by a state that was a party to the First or Second Protocol, or

• (b) it has been unlawfully exported from a territory which at the time—

• (i) was territory of a state that was a party to the First or Second Protocol, and

• (ii) was occupied by another state.

• (2) It does not matter whether the property was exported before or after this section comes into force.

• (3) For the purposes of this Part exportation of property is “unlawful” if—

• (a) it is in contravention of the laws of the territory from which the property is exported, or

• (b) it is in contravention of any rule of international law.

• (4) A reference in subsection (1) to a state that was a party to the First or Second Protocol is to a state that was a party to the First or Second Protocol at the time of the export.

• (5) In determining for the purposes of this Part whether territory is occupied regard must be had to Article 42 of the Regulations respecting the Laws and Customs of War on Land annexed to the Convention respecting the Laws and Customs of War on Land (Hague IV), done at the Hague on 18 October 1907.

• (6) If in any proceedings an issue arises as to whether cultural property is unlawfully exported cultural property, a certificate by the Secretary of State is conclusive evidence as to whether, at a particular time, territory was occupied by a party to the First or Second Protocol or by any other state.

Dealing in unlawfully exported cultural property

Offence of dealing in unlawfully exported cultural property

17

• (1) It is an offence for a person to deal in unlawfully exported cultural property, knowing or having reason to suspect that it has been unlawfully exported.

• (2) Subsection (1) does not apply to property imported into the United Kingdom before this section comes into force.

• (3) A person deals in unlawfully exported cultural property if (and only if) the person—

• (a) acquires or disposes of it in the United Kingdom or imports it into, or exports it from, the United Kingdom,

• (b) agrees with another to do an act mentioned in paragraph (a), or

• (c) makes arrangements under which another does such an act or under which another agrees with a third person to do such an act.

• (4) “Acquires” means buys, hires, borrows or accepts.

• (5) “Disposes of” means sells, lets on hire, lends or gives.

• (6) A person guilty of an offence under this section in England and Wales is liable—

• (a) on conviction on indictment, to imprisonment for a term not exceeding 7 years or a fine (or both);

• (b) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both).

• (7) A person guilty of an offence under this section in Scotland is liable—

• (a) on conviction on indictment, to imprisonment for a term not exceeding 7 years or a fine (or both);

• (b) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both).

• (8) A person guilty of an offence under this section in Northern Ireland is liable—

• (a) on conviction on indictment, to imprisonment for a term not exceeding 7 years or a fine (or both);

• (b) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both).

• (9) In relation to an offence committed before 2 May 2022 the reference in subsection (6)(b) to the general limit in a magistrates’ court has effect as a reference to 6 months.

Forfeiture in connection with dealing offence

18

• (1) The court by or before which a person is convicted of an offence under section 17 may order the forfeiture of the property in respect of which the offence was committed.

• (2) The court may also make such provision as appears to it to be necessary for giving effect to the forfeiture.

• (3) That provision may include, in particular, provision relating to the retention or disposal of the property.

• (4) Provision made under this section may be varied at any time by the court that made it.

Forfeiture otherwise than in connection with offence

Property liable to forfeiture

19

Unlawfully exported cultural property is liable to forfeiture if it is imported into the United Kingdom after this section comes into force.

Forfeiture order

20

• (1) The appropriate court may, on an application by the Secretary of State, order the forfeiture of any property that is liable to forfeiture under section 19.

• (2) In this section “the appropriate court” means—

• (a) in relation to England and Wales and Northern Ireland, the High Court, and

• (b) in relation to Scotland, the Court of Session.

Compensation

21

• (1) A court may provide for a forfeiture order under section 20 to be conditional on the payment of a specified amount of compensation to a person who has acquired an interest in the property since it was unlawfully exported from occupied territory.

• (2) The court may provide for a forfeiture order to be conditional on the payment of compensation to a person who has acquired an interest only if satisfied that the person acquired the interest in good faith and without knowledge of the fact that the property had been unlawfully exported from occupied territory.

• (3) Nothing in this section obliges anyone to pay compensation but a conditional order—

• (a) does not take effect until the compensation is paid (whether by the Secretary of State or otherwise), and

• (b) lapses if the compensation is not paid within the period of four months beginning with the day on which the order is made.

Interim orders

22

• (1) The appropriate court may, on an application by the Secretary of State, make any order it thinks appropriate for the safekeeping of property that is or may be the subject of an application for a forfeiture order under section 20.

• (2) An order under this section may for example—

• (a) prohibit a person from dealing in the property;

• (b) require it to be kept at a particular location;

• (c) stipulate conditions under which it must be kept;

• (d) require or authorise a person to take steps for its conservation.

• (3) If the property is not yet the subject of an application for a forfeiture order the court may make an order under this section only if it is satisfied that there is an arguable case that the property is liable to forfeiture.

• (4) An order made in the circumstances mentioned in subsection (3) lapses if no application for the forfeiture of the property is made within the period of four months beginning with the day on which the order is made.

• (5) An order under this section may be amended or discharged by the court that made it.

• (6) In this section “the appropriate court” has the meaning given in section 20(2).

Seizure and retention of property liable to forfeiture

Search and seizure warrants

23

• (1) A justice may issue a warrant under this section in respect of any premises if satisfied that there are reasonable grounds for suspecting that property liable to forfeiture under section 19 is likely to be found.

• (2) A warrant under this section authorises a constable—

• (a) to enter and search the premises specified in the warrant, and

• (b) to seize any property found there which the constable has grounds for believing is liable to forfeiture under section 19.

• (3) A person exercising a power conferred by a warrant under this section may, if necessary, use reasonable force in the exercise of the power.

• (4) Property seized under this section must be retained by a constable pending—

• (a) forfeiture of the property under section 20, or

• (b) return or disposal of the property under section 27.

• (5) A person who has custody of property following its seizure under this section must give notice of its seizure to any person who, to his or her knowledge, owned the property at the time it was seized.

• (6) But notice need not be given if the property was seized in the presence of—

• (a) the owner, or

• (b) an employee or agent of the owner.

• (7) A reference in this section to the owner of property means, if there is more than one owner, any of them.

• (8) In this section—

• “justice” means—in England and Wales, a justice of the peace,in Scotland, a sheriff or summary sheriff, andin Northern Ireland, a lay magistrate;

• “premises” has the same meaning as in the Police and Criminal Evidence Act 1984 (see section 23 of that Act).

• (9) In Schedule 1 to the Criminal Justice and Police Act 2001 (powers which relate to the seizure of property in bulk), in Part 1, at the end insert—

(73Q) The power of seizure conferred by section 23 of the Cultural Property (Armed Conflicts) Act 2017 (seizure of property liable to forfeiture under section 19 of that Act).

Retention of property in custody of constable

24

• (1) This section applies to property that—

• (a) has been seized for a purpose connected with the investigation or prosecution of a suspected offence under section 17, and

• (b) is in the custody of a constable.

• (2) If the property ceases to be needed for that purpose a constable may apply to a justice for an order that the property must be retained by a constable pending—

• (a) forfeiture of the property under section 20, or

• (b) return or disposal of the property under section 27.

• (3) The justice may make the order if satisfied that there are reasonable grounds for suspecting that the property may be liable to forfeiture under section 19 (and in accordance with section 20).

• (4) A constable who has custody of the property following the making of an order for its retention must give notice of the order to any person who, to his or her knowledge, owned the property at the time the order was made.

• (5) It is lawful for property to which this section applies to be retained by a constable—

• (a) pending the making or determination of an application under subsection (2), or

• (b) in accordance with an order under subsection (3).

• (6) The following do not apply to property retained in reliance on subsection (5)—

• (a) the Police (Property) Act 1897 (property seized in the investigation of an offence);

• (b) section 31 of the Police (Northern Ireland) Act 1998 (which makes similar provision in Northern Ireland).

• (7) In this section “justice” means—

• (a) in England and Wales, a justice of the peace,

• (b) in Scotland, a sheriff or summary sheriff, and

• (c) in Northern Ireland, a lay magistrate.

Notices of seizure or retention

25

• (1) A notice under section 23(5) or 24(4)—

• (a) must be in writing, and

• (b) must set out the grounds for the seizure of the property or its retention.

• (2) A notice under section 23(5) or 24(4) must be given to a person by—

• (a) delivering it personally,

• (b) addressing it to the person and leaving it at the appropriate address,

• (c) addressing it to the person and sending it by post to that address, or

• (d) in the case of a person who has no address within the United Kingdom, or whose address is unknown, publishing it in the London, Edinburgh or Belfast Gazette.

• (3) “The appropriate address”, in relation to a person, means—

• (a) in the case of a body corporate, its registered or principal office;

• (b) in any other case, the person's usual or last known place of residence or business.

Property in custody of others

26

• (1) This section applies to property that—

• (a) has been seized for a purpose connected with the investigation or prosecution of a suspected offence under section 17, and

• (b) is in the custody of a person who is not a constable.

• (2) The person must transfer the property to a constable as soon as is reasonably practicable after it ceases to be needed for the purpose mentioned in subsection (1)(a) (and a constable may then make an application under section 24(2)).

• (3) It is lawful for property to which this section applies to be retained by the person pending compliance with subsection (2).

Return of property to owner if not forfeited

27

• (1) This section applies to property that has been seized under section 23, or retained in pursuance of an order under section 24, if—

• (a) an application for the forfeiture of the property under section 20 is refused and no appeal against the refusal (or any subsequent appeal) is pending,

• (b) proceedings on an application for the forfeiture of the property under section 20 are discontinued,

• (c) a forfeiture order made in respect of the property under section 20 has lapsed, or

• (d) no application for its forfeiture has been made under section 20 within the period of four months beginning with the day on which the property was seized under section 23 or the order was made under section 24.

• (2) The property must be returned to its owner as soon as is reasonably practicable.

• (3) If it is not reasonably practicable to return the property within the period of 12 months beginning with the day on which the duty to return it arises, the property may be disposed of in such manner as the person who for the time being has custody of the property thinks appropriate.

• (4) For the purposes of subsection (1)(a) an appeal is pending if—

• (a) an appeal has been brought but has not been determined or withdrawn,

• (b) an application for permission to appeal has been made but has not been determined or withdrawn, or

• (c) no such application has been made but the period for bringing an appeal is still running (disregarding the possibility of an appeal out of time).

• (5) References in this section to the owner of property mean, if there is more than one owner, any of them.

Part 5 — Property removed for safekeeping

Immunity from seizure or forfeiture

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• (1) While a thing is protected under this section it may not be seized or forfeited under any legislation or rule of law.

• (2) Protection under this section does not affect any other civil or criminal liability that a person may incur in relation to the thing.

• (3) Cultural property that is being transported from outside the United Kingdom to a place within the United Kingdom is protected under this section if it enjoys the protection provided for in Article 12 of the Convention.

• (4) Cultural property that is in transit through the United Kingdom is protected under this section if it enjoys the protection provided for in Article 12 of the Convention.

• (5) Cultural property for which the United Kingdom is depositary is protected under this section if it is under the control of the Secretary of State or a person to whom the Secretary of State has entrusted its safekeeping.

• (6) The United Kingdom is depositary for cultural property in the circumstances provided for by Article 18 of the Regulations for the execution of the Convention.

• (7) A vehicle is protected under this section if it is transporting cultural property to which subsection (3) or (4) applies.

• (8) The reference in subsection (1) to seizure or forfeiture of a thing includes a reference to—

• (a) taking control of the thing under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007;

• (b) execution or distress (in England and Wales or Northern Ireland);

• (c) diligence or sequestration (in Scotland);

• (d) seizure, confiscation or forfeiture, or any other measure relating to the custody or control of the thing, in the course of a criminal investigation or criminal proceedings;

• (e) the making or enforcement of an order relating to the custody or control of the thing in civil proceedings.

• (9) In this section—

• “legislation” means primary or secondary legislation;

• “primary legislation” means—an Act of Parliament,an Act of the Scottish Parliament,a Measure or Act of the National Assembly for Wales, orNorthern Ireland legislation;

• “secondary legislation” means an instrument made under primary legislation;

• “vehicle” means any form of transport.

Part 6 — General

Liability of company officers for offences by company

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• (1) If an offence to which this section applies is committed by a body corporate or a Scottish partnership and is proved to have been committed with the consent or connivance of an officer, the officer (as well as the body corporate or partnership) is guilty of the offence and liable to be proceeded against and punished accordingly.

• (2) This section applies to—

• (a) an offence under section 3 or an offence that is ancillary to such an offence (within the meaning given by section 4);

• (b) an offence under section 9;

• (c) an offence under section 17.

• (3) In relation to a body corporate “officer” means—

• (a) a director, manager, secretary or other similar officer of the body, or

• (b) a person purporting to act in any such capacity.

• (4) In relation to a Scottish partnership “officer” means—

• (a) a partner, or

• (b) a person purporting to act as a partner.

• (5) If the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with functions of management as if the member were an officer of the body.

Crown application

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• (1) This Act binds the Crown.

• (2) No contravention by the Crown of a provision of this Act makes the Crown criminally liable.

• (3) Subsection (2) does not affect the criminal liability of persons in the service of the Crown.

• (4) The High Court or, in Scotland, the Court of Session may, on the application of a person appearing to the Court to have an interest, declare unlawful an act or omission of the Crown which constitutes a contravention of a provision of this Act.

• (5) Nothing in this section affects Her Majesty in her private capacity.

• (6) Subsection (5) is to be read as if section 38(3) of the Crown Proceedings Act 1947 (references to Her Majesty in her private capacity) were contained in this Act.

Extent

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• (1) This Act extends to—

• (a) England and Wales,

• (b) Scotland, and

• (c) Northern Ireland.

• (2) Her Majesty may by Order in Council provide for any of the provisions of this Act to extend, with or without modifications, to—

• (a) the Isle of Man;

• (b) any British overseas territory.

Commencement

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• (1) This Part comes into force on the day on which this Act is passed.

• (2) The other provisions of this Act come into force on such day as the Secretary of State may by regulations appoint.

• (3) Different days may be appointed for different purposes.

• (4) The Secretary of State may by regulations make transitional or saving provision in connection with the coming into force of any provision of this Act.

• (5) Regulations under this section are to be made by statutory instrument.

Short title

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This Act may be cited as the Cultural Property (Armed Conflicts) Act 2017.

SCHEDULE 1

The High Contracting Parties,

Recognizing that cultural property has suffered grave damage during recent armed conflicts and that, by reason of the developments in the technique of warfare, it is in increasing danger of destruction;

Being convinced that damage to cultural property belonging to any people whatsoever means damage to the cultural heritage of all mankind, since each people makes its contribution to the culture of the world;

Considering that the preservation of the cultural heritage is of great importance for all peoples of the world and that it is important that this heritage should receive international protection;

Guided by the principles concerning the protection of cultural property during armed conflict, as established in the Conventions of The Hague of 1899 and of 1907 and in the Washington Pact of 15 April, 1935;

Being of the opinion that such protection cannot be effective unless both national and international measures have been taken to organize it in time of peace;

Being determined to take all possible steps to protect cultural property;

Have agreed upon the following provisions:

Chapter I. — General provisions regarding protection

Definition of cultural property

Article 1

For the purposes of the present Convention, the term ‘cultural property’ shall cover, irrespective of origin or ownership:

• (a) movable or immovable property of great importance to the cultural heritage of every people, such as monuments of architecture, art or history, whether religious or secular; archaeological sites; groups of buildings which, as a whole, are of historical or artistic interest; works of art; manuscripts, books and other objects of artistic, historical or archaeological interest; as well as scientific collections and important collections of books or archives or of reproductions of the property defined above;

• (b) buildings whose main and effective purpose is to preserve or exhibit the movable cultural property defined in sub-paragraph (a) such as museums, large libraries and depositories of archives, and refuges intended to shelter, in the event of armed conflict, the movable cultural property defined in sub-paragraph (a);

• (c) centers containing a large amount of cultural property as defined in sub-paragraphs (a) and (b), to be known as ‘centers containing monuments’.

Protection of cultural property

Article 2

For the purposes of the present Convention, the protection of cultural property shall comprise the safeguarding of and respect for such property.

Safeguarding of cultural property

Article 3

The High Contracting Parties undertake to prepare in time of peace for the safeguarding of cultural property situated within their own territory against the foreseeable effects of an armed conflict, by taking such measures as they consider appropriate.

Respect for cultural property

Article 4

• (1) The High Contracting Parties undertake to respect cultural property situated within their own territory as well as within the territory of other High Contracting Parties by refraining from any use of the property and its immediate surroundings or of the appliances in use for its protection for purposes which are likely to expose it to destruction or damage in the event of armed conflict; and by refraining from any act of hostility, directed against such property.

• (2) The obligations mentioned in paragraph 1 of the present Article may be waived only in cases where military necessity imperatively requires such a waiver.

• (3) The High Contracting Parties further undertake to prohibit, prevent and, if necessary, put a stop to any form of theft, pillage or misappropriation of, and any acts of vandalism directed against, cultural property. They shall refrain from requisitioning movable cultural property situated in the territory of another High Contracting Party.

• (4) They shall refrain from any act directed by way of reprisals against cultural property.

• (5) No High Contracting Party may evade the obligations incumbent upon it under the present Article, in respect of another High Contracting Party, by reason of the fact that the latter has not applied the measures of safeguard referred to in Article 3.

Occupation

Article 5

• (1) Any High Contracting Party in occupation of the whole or part of the territory of another High Contracting Party shall as far as possible support the competent national authorities of the occupied country in safeguarding and preserving its cultural property.

• (2) Should it prove necessary to take measures to preserve cultural property situated in occupied territory and damaged by military operations, and should the competent national authorities be unable to take such measures, the Occupying Power shall, as far as possible, and in close co-operation with such authorities, take the most necessary measures of preservation.

• (3) Any High Contracting Party whose government is considered their legitimate government by members of a resistance movement, shall, if possible, draw their attention to the obligation to comply with those provisions of the Convention dealing with respect for cultural property.

Distinctive marking of cultural property

Article 6

In accordance with the provisions of Article 16, cultural property may bear a distinctive emblem so as to facilitate its recognition.

Military measures

Article 7

• (1) The High Contracting Parties undertake to introduce in time of peace into their military regulations or instructions such provisions as may ensure observance of the present Convention, and to foster in the members of their armed forces a spirit of respect for the culture and cultural property of all peoples.

• (2) The High Contracting Parties undertake to plan or establish in peace-time, within their armed forces, services or specialist personnel whose purpose will be to secure respect for cultural property and to co-operate with the civilian authorities responsible for safeguarding it.

Chapter II. — Special protection

Granting of special protection

Article 8

• (1) There may be placed under special protection a limited number of refuges intended to shelter movable cultural property in the event of armed conflict, of centers containing monuments and other immovable cultural property of very great importance, provided that they:

• (a) are situated at an adequate distance from any large industrial center or from any important military objective constituting a vulnerable point, such as, for example, an aerodrome, broadcasting station, establishment engaged upon work of national defense, a port or railway station of relative importance or a main line of communication;

• (b) are not used for military purposes.

• (2) A refuge for movable cultural property may also be placed under special protection, whatever its location, if it is so constructed that, in all probability, it will not be damaged by bombs.

• (3) A center containing monuments shall be deemed to be used for military purposes whenever it is used for the movement of military personnel or material, even in transit. The same shall apply whenever activities directly connected with military operations, the stationing of military personnel, or the production of war material are carried on within the center.

• (4) The guarding of cultural property mentioned in paragraph I above by armed custodians specially empowered to do so, or the presence, in the vicinity of such cultural property, of police forces normally responsible for the maintenance of public order shall not be deemed to be used for military purposes.

• (5) If any cultural property mentioned in paragraph 1 of the present Article is situated near an important military objective as defined in the said paragraph, it may nevertheless be placed under special protection if the High Contracting Party asking for that protection undertakes, in the event of armed conflict, to make no use of the objective and particularly, in the case of a port, railway station or aerodrome, to divert all traffic therefrom. In that event, such diversion shall be prepared in time of peace.

• (6) Special protection is granted to cultural property by its entry in the ‘International Register of Cultural Property under Special Protection’. This entry shall only be made, in accordance with the provisions of the present Convention and under the conditions provided for in the Regulations for the execution of the Convention.

Immunity of cultural property under special protection

Article 9

The High Contracting Parties undertake to ensure the immunity of cultural property under special protection by refraining, from the time of entry in the International Register, from any act of hostility directed against such property and, except for the cases provided for in paragraph 5 of Article 8, from any use of such property or its surroundings for military purposes.

Identification and control

Article 10

During an armed conflict, cultural property under special protection shall be marked with the distinctive emblem described in Article 16, and shall be open to international control as provided for in the Regulations for the execution of the Convention.

Withdrawal of immunity

Article 11

• (1) If one of the High Contracting Parties commits, in respect of any item of cultural property under special protection, a violation of the obligations under Article 9, the opposing Party shall, so long as this violation persists, be released from the obligation to ensure the immunity of the property concerned. Nevertheless, whenever possible, the latter Party shall first request the cessation of such violation within a reasonable time.

• (2) Apart from the case provided for in paragraph 1 of the present Article, immunity shall be withdrawn from cultural property under special protection only in exceptional cases of unavoidable military necessity, and only for such time as that necessity continues. Such necessity can be established only by the officer commanding a force the equivalent of a division in size or larger. Whenever circumstances permit, the opposing Party shall be notified, a reasonable time in advance, of the decision to withdraw immunity.

• (3) The Party withdrawing immunity shall, as soon as possible, so inform the Commissioner-General for cultural property provided for in the Regulations for the execution of the Convention, in writing, stating the reasons.

Chapter III. — Transport of cultural property

Transport under special protection

Article 12

• (1) Transport exclusively engaged in the transfer of cultural property, whether within a territory or to another territory, may, at the request of the High Contracting Party concerned, take place under special protection in accordance with the conditions specified in the Regulations for the execution of the Convention.

• (2) Transport under special protection shall take place under the international supervision provided for in the aforesaid Regulations and shall display the distinctive emblem described in Article 16.

• (3) The High Contracting Parties shall refrain from any act of hostility directed against transport under special protection.

Transport in urgent cases

Article 13

• (1) If a High Contracting Party considers that the safety of certain cultural property requires its transfer and that the matter is of such urgency that the procedure laid down in Article 12 cannot be followed, especially at the beginning of an armed conflict, the transport may display the distinctive emblem described in Article 16, provided that an application for immunity referred to in Article 12 has not already been made and refused. As far as possible, notification of transfer should be made to the opposing Parties. Nevertheless, transport conveying cultural property to the territory of another country may not display the distinctive emblem unless immunity has been expressly granted to it.

• (2) The High Contracting Parties shall take, so far as possible, the necessary precautions to avoid acts of hostility directed against the transport described in paragraph 1 of the present Article and displaying the distinctive emblem.

Immunity from seizure, capture and prize

Article 14

• (1) Immunity from seizure, placing in prize, or capture shall be granted to:

• (a) cultural property enjoying the protection provided for in Article 12 or that provided for in Article 13;

• (b) the means of transport exclusively engaged in the transfer of such cultural property.

• (2) Nothing in the present Article shall limit the right of visit and search.

Chapter IV. — Personnel

Personnel

Article 15

As far as is consistent with the interests of security, personnel engaged in the protection of cultural property shall, in the interests of such property, be respected and, if they fall into the hands of the opposing Party, shall be allowed to continue to carry out their duties whenever the cultural property for which they are responsible has also fallen into the hands of the opposing Party.

Chapter V. — The distinctive emblem

Emblem of the convention

Article 16

• (1) The distinctive emblem of the Convention shall take the form of a shield, pointed below, persaltire blue and white (a shield consisting of a royal-blue square, one of the angles of which forms the point of the shield, and of a royal-blue triangle above the square, the space on either side being taken up by a white triangle).

• (2) The emblem shall be used alone, or repeated three times in a triangular formation (one shield below), under the conditions provided for in Article 17.

Use of the emblem

Article 17

• (1) The distinctive emblem repeated three times may be used only as a means of identification of:

• (a) immovable cultural property under special protection;

• (b) the transport of cultural property under the conditions provided for in Articles 12 and 13;

• (c) improvised refuges, under the conditions provided for in the Regulations for the execution of the Convention.

• (2) The distinctive emblem may be used alone only as a means of identification of:

• (a) cultural property not under special protection;

• (b) the persons responsible for the duties of control in accordance with the Regulations for the execution of the Convention;

• (c) the personnel engaged in the protection of cultural property;

• (d) the identity cards mentioned in the Regulations for the execution of the Convention.

• (3) During an armed conflict, the use of the distinctive emblem in any other cases than those mentioned in the preceding paragraphs of the present Article, and the use for any purpose whatever of a sign resembling the distinctive emblem, shall be forbidden.

• (4) The distinctive emblem may not be placed on any immovable cultural property unless at the same time there is displayed an authorization duly dated and signed by the competent authority of the High Contracting Party.

Chapter VI. — Scope of application of the Convention

Application of the Convention

Article 18

• (1) Apart from the provisions which shall take effect in time of peace, the present Convention shall apply in the event of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties, even if the state of war is not recognized by one or more of them.

• (2) The Convention shall also apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance.

• (3) If one of the Powers in conflict is not a Party to the present Convention, the Powers which are Parties thereto shall nevertheless remain bound by it in their mutual relations. They shall furthermore be bound by the Convention, in relation to the said Power, if the latter has declared that it accepts the provisions thereof and so long as it applies them.

Conflicts not of an international character

Article 19

• (1) In the event of an armed conflict not of an international character occurring within the territory of one of the High Contracting Parties, each party to the conflict shall be bound to apply, as a minimum, the provisions of the present Convention which relate to respect for cultural property.

• (2) The parties to the conflict shall endeavour to bring into force, by means of special agreements, all or part of the other provisions of the present Convention.

• (3) The United Nations Educational, Scientific and Cultural Organization may offer its services to the parties to the conflict.

• (4) The application of the preceding provisions shall not affect the legal status of the parties to the conflict.

Chapter VII. — Execution of the Convention

Regulations for the execution of the Convention

Article 20

The procedure by which the present Convention is to be applied is defined in the Regulations for its execution, which constitute an integral part thereof.

Protecting powers

Article 21

The present Convention and the Regulations for its execution shall be applied with the co-operation of the Protecting Powers responsible for safeguarding the interests of the Parties to the conflict.

Conciliation procedure

Article 22

• (1) The Protecting Powers shall lend their good offices in all cases where they may deem it useful in the interests of cultural property, particularly if there is disagreement between the Parties to the conflict as to the application or interpretation of the provisions of the present Convention or the Regulations for its execution.

• (2) For this purpose, each of the Protecting Powers may, either at the invitation of one Party, of the Director-General of the United Nations Educational, Scientific and Cultural Organization, or on its own initiative, propose to the Parties to the conflict a meeting of their representatives, and in particular of the authorities responsible for the protection of cultural property, if considered appropriate on suitably chosen neutral territory. The Parties to the conflict shall be bound to give effect to the proposals for meeting made to them.

The Protecting Powers shall propose for approval by the Parties to the conflict a person belonging to a neutral Power or a person presented by the Director General of the United Nations Educational, Scientific and Cultural Organization, which person shall be invited to take part in such a meeting in the capacity of Chairman.

Assistance of UNESCO

Article 23

• (1) The High Contracting Parties may call upon the United Nations Educational, Scientific and Cultural Organization for technical assistance in organizing the protection of their cultural property, or in connexion with any other problem arising out of the application of the present Convention or the Regulations for its execution. The Organization shall accord such assistance within the limits fixed by its programme and by its resources.

• (2) The Organization is authorized to make, on its own initiative, proposals on this matter to the High Contracting Parties.

Special agreements

Article 24

• (1) The High Contracting Parties may conclude special agreements for all matters concerning which they deem it suitable to make separate provision.

• (2) No special agreement may be concluded which would diminish the protection afforded by the present Convention to cultural property and to the personnel engaged in its protection.

Dissemination of the Convention

Article 25

The High Contracting Parties undertake, in time of peace as in time of armed conflict, to disseminate the text of the present Convention and the Regulations for its execution as widely as possible in their respective countries. They undertake, in particular, to include the study thereof in their programmes of military and, if possible, civilian training, so that its principles are made known to the whole population, especially the armed forces and personnel engaged in the protection of cultural property.

Translations reports

Article 26

• (1) The High Contracting Parties shall communicate to one another, through the Director-General of the United Nations Educational, Scientific and Cultural Organization, the official translations of the present Convention and of the Regulations for its execution.

• (2) Furthermore, at least once every four years, they shall forward to the Director-General a report giving whatever information they think suitable concerning any measures being taken, prepared or contemplated by their respective administrations in fulfilment of the present Convention and of the Regulations for its execution.

Meetings

Article 27

• (1) The Director-General of the United Nations Educational, Scientific and Cultural Organization may, with the approval of the Executive Board, convene meetings of representatives of the High Contracting Parties. He must convene such a meeting if at least one-fifth of the High Contracting Parties so request.

• (2) Without prejudice to any other functions which have been conferred on it by the present Convention or the Regulations for its execution, the purpose of the meeting will be to study problems concerning the application of the Convention and of the Regulations for its execution, and to formulate recommendations in respect thereof.

• (3) The meeting may further undertake a revision of the Convention or the Regulations for its execution if the majority of the High Contracting Parties are represented, and in accordance with the provisions of Article 39.

Sanctions

Article 28

The High Contracting Parties undertake to take, within the framework of their ordinary criminal jurisdiction, all necessary steps to prosecute and impose penal or disciplinary sanctions upon those persons, of whatever nationality, who commit or order to be committed a breach of the present Convention.

Final provisions

Languages

Article 29

• (1) The present Convention is drawn up in English, French, Russian and Spanish, the four texts being equally authoritative.

• (2) The United Nations Educational, Scientific and Cultural Organization shall arrange for translations of the Convention into the other official languages of its General Conference.

Signature

Article 30

The present Convention shall bear the date of 14 May, 1954 and, until the date of 31 December, 1954, shall remain open for signature by all States invited to the Conference which met at The Hague from 21 April, 1954 to 14 May, 1954.

Ratification

Article 31

• (1) The present Convention shall be subject to ratification by signatory States in accordance with their respective constitutional procedures.

• (2) The instruments of ratification shall be deposited with the Director-General of the United Nations Educational, Scientific and Cultural Organization.

Accession

Article 32

From the date of its entry into force, the present Convention shall be open for accession by all States mentioned in Article 30 which have not signed it, as well as any other State invited to accede by the Executive Board of the United Nations Educational, Scientific and Cultural Organization. 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.

Entry into force

Article 33

• (1) The present Convention shall enter into force three months after five instruments of ratification have been deposited.

• (2) Thereafter, it shall enter into force, for each High Contracting Party, three months after the deposit of its instrument of ratification or accession.

• (3) The situations referred to in Articles 18 and 19 shall give immediate effect to ratifications or accessions deposited by the Parties to the conflict either before or after the beginning of hostilities or occupation. In such cases the Director-General of the United Nations Educational, Scientific and Cultural Organization shall transmit the communications referred to in Article 38 by the speediest method.

Effective application

Article 34

• (1) Each State Party to the Convention on the date of its entry into force shall take all necessary measures to ensure its effective application within a period of six months after such entry into force.

• (2) This period shall be six months from the date of deposit of the instruments of ratification or accession for any State which deposits its instrument of ratification or accession after the date of the entry into force of the Convention.

Territorial extension of the Convention

Article 35

Any High Contracting Party may, at the time of ratification or accession, or at any time thereafter, declare by notification addressed to the Director-General of the United Nations Educational, Scientific and Cultural Organization, that the present Convention shall extend to all or any of the territories for whose international relations it is responsible. The said notification shall take effect three months after the date of its receipt.

Relation to previous conventions

Article 36

• (1) In the relations between Powers which are bound by the Conventions of The Hague concerning the Laws and Customs of War on Land (IV) and concerning Naval Bombardment in Time of War (IX), whether those of 29 July, 1899 or those of 18 October, 1907, and which are Parties to the present Convention, this last Convention shall be supplementary to the aforementioned Convention (IX) and to the Regulations annexed to the aforementioned Convention (IV) and shall substitute for the emblem described in Article 5 of the aforementioned Convention (IX) the emblem described in Article 16 of the present Convention, in cases in which the present Convention and the Regulations for its execution provide for the use of this distinctive emblem.

• (2) In the relations between Powers which are bound by the Washington Pact of 15 April, 1935 for the Protection of Artistic and Scientific Institutions and of Historic Monuments (Roerich Pact) and which are Parties to the present Convention, the latter Convention shall be supplementary to the Roerich Pact and shall substitute for the distinguishing flag described in Article III of the Pact the emblem defined in Article 16 of the present Convention, in cases in which the present Convention and the Regulations for its execution provide for the use of this distinctive emblem.

Denunciation

Article 37

• (1) Each High Contracting Party may denounce the present 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 one year after the receipt of the instrument of denunciation. However, if, on the expiry of this period, the denouncing Party is involved in an armed conflict, the denunciation shall not take effect until the end of hostilities, or until the operations of repatriating cultural property are completed, whichever is the later.

Notifications

Article 38

The Director-General of the United Nations Educational, Scientific and Cultural Organization shall inform the States referred to in Articles 30 and 32, as well as the United Nations, of the deposit of all the instruments of ratification, accession or acceptance provided for in Articles 31, 32 and 39 and of the notifications and denunciations provided for respectively in Articles 35, 37 and 39.

Revision of the Convention and of the Regulations for its execution

Article 39

• (1) Any High Contracting Party may propose amendments to the present Convention or the Regulations for its execution. The text of any proposed amendment shall be communicated to the Director-General of the United Nations Educational, Scientific and Cultural Organization who shall transmit it to each High Contracting Party with the request that such Party reply within four months stating whether it:

• (a) desires that a Conference be convened to consider the proposed amendment;

• (b) favours the acceptance of the proposed amendment without a Conference; or

• (c) favours the rejection of the proposed amendment without a Conference.

• (2) The Director-General shall transmit the replies, received under paragraph 1 of the present Article, to all High Contracting Parties.

• (3) If all the High Contracting Parties which have, within the prescribed time-limit, stated their views to the Director-General of the United Nations Educational, Scientific and Cultural Organization, pursuant to paragraph 1(b) of this Article, inform him that they favour acceptance of the amendment without a Conference, notification of their decision shall be made by the Director-General in accordance with Article 38. The amendment shall become effective for all the High Contracting Parties on the expiry of ninety days from the date of such notification.

• (4) The Director-General shall convene a Conference of the High Contracting Parties to consider the proposed amendment if requested to do so by more than one-third of the High Contracting Parties.

• (5) Amendments to the Convention or to the Regulations for its execution, dealt with under the provisions of the preceding paragraph, shall enter into force only after they have been unanimously adopted by the High Contracting Parties represented at the Conference and accepted by each of the High Contracting Parties.

• (6) Acceptance by the High Contracting Parties of amendments to, the Convention or to the Regulations for its execution, which have been adopted by the Conference mentioned in paragraphs 4 and 5, shall be effected by the deposit of a formal instrument with the Director-General of the United Nations Educational, Scientific and Cultural Organization.

• (7) After the entry into force of amendments to the present Convention or to the Regulations for its execution, only the text of the Convention or of the Regulations for its execution thus amended shall remain open for ratification or accession.

Registration

Article 40

In accordance with Article 102 of the Charter of the United Nations, the present 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.

SCHEDULE 2

Chapter I. — Control

International list of persons

Article 1

On the entry into force of the Convention, the Director-General of the United Nations Educational, Scientific and Cultural Organization shall compile an international list consisting of all persons nominated by the High Contracting Parties as qualified to carry out the functions of Commissioner-General for Cultural Property. On the initiative of the Director-General of the United Nations Educational, Scientific and Cultural Organization, this list shall be periodically revised on the basis of requests formulated by the High Contracting Parties.

Organization of control

Article 2

As soon as any High Contracting Party is engaged in an armed conflict to which Article 18 of the Convention applies:

• (a) It shall appoint a representative for cultural property situated in its territory; if it is in occupation of another territory, it shall appoint a special representative for cultural property situated in that territory;

• (b) The Protecting Power acting for each of the Parties in conflict with such High Contracting Party shall appoint delegates accredited to the latter in conformity with Article 3 below;

• (c) A Commissioner-General for Cultural Property shall be appointed to such High Contracting Party in accordance with Article 4.

Appointment of delegates of Protecting Powers

Article 3

The Protecting Power shall appoint its delegates from among the members of its diplomatic or consular staff or, with the approval of the Party to which they will be accredited, from among other persons.

Appointment of Commissioner-General

Article 4

• (1) The Commissioner-General for Cultural Property shall be chosen from the international list of persons by joint agreement between the Party to which he will be accredited and the Protecting Powers acting on behalf of the opposing Parties.

• (2) Should the Parties fail to reach agreement within three weeks from the beginning of their discussions on this point, they shall request the President of the International Court of Justice to appoint the Commissioner-General, who shall not take up his duties until the Party to which he is accredited has approved his appointment.

Functions of delegates

Article 5

The delegates of the Protecting Powers shall take note of violations of the Convention, investigate, with the approval of the Party to which they are accredited, the circumstances in which they have occurred, make representations locally to secure their cessation and, if necessary, notify the Commissioner-General of such violations. They shall keep him informed of their activities.

Functions of the Commissioner-General

Article 6

• (1) The Commissioner-General for Cultural Property shall deal with all matters referred to him in connexion with the application of the Convention, in conjunction with the representative of the Party to which he is accredited and with the delegates concerned.

• (2) He shall have powers of decision and appointment in the cases specified in the present Regulations.

• (3) With the agreement of the Party to which he is accredited, he shall have the right to order an investigation or to conduct it himself.

• (4) He shall make any representations to the Parties to the conflict or to their Protecting Powers which he deems useful for the application of the Convention.

• (5) He shall draw up such reports as may be necessary on the application of the Convention and communicate them to the Parties concerned and to their Protecting Powers. He shall send copies to the Director-General of the United Nations Educational, Scientific and Cultural Organization, who may make use only of their technical contents.

• (6) If there is no Protecting Power, the Commissioner-General shall exercise the functions of the Protecting Power as laid down in Articles 21 and 22 of the Convention.

Inspectors and experts

Article 7

• (1) Whenever the Commissioner-General for Cultural Property considers it necessary, either at the request of the delegates concerned or after consultation with them, he shall propose, for the approval of the Party to which he is accredited, an inspector of cultural property to be charged with a specific mission. An inspector shall be responsible only to the Commissioner-General.

• (2) The Commissioner-General, delegates and inspectors may have recourse to the services of experts, who will also be proposed for the approval of the Party mentioned in the preceding paragraph.

Discharge of the mission of control

Article 8

The Commissioners-General for Cultural Property, delegates of the Protecting Powers, inspectors and experts shall in no case exceed their mandates. In particular, they shall take account of the security needs of the High Contracting Party to which they are accredited and shall in all circumstances act in accordance with the requirements of the military situation as communicated to them by that High Contracting Party.

Substitutes for Protecting Powers

Article 9

If a Party to the conflict does not benefit or ceases to benefit from the activities of a Protecting Power, a neutral State may be asked to undertake those functions of a Protecting Power which concern the appointment of a Commissioner-General for Cultural Property in accordance with the procedure laid down in Article 4 above. The Commissioner-General thus appointed shall, if need be, entrust to inspectors the functions of delegates of Protecting Powers as specified in the present Regulations.

Expenses

Article 10

The remuneration and expenses of the Commissioner-General for Cultural Property, inspectors and experts shall be met by the Party to which they are accredited. Remuneration and expenses of delegates of the Protecting Powers shall be subject to agreement between those Powers and the States whose interests they are safeguarding.

Chapter II. — Special protection

Improvised refuges

Article 11

• (1) If, during an armed conflict, any High Contracting Party is induced by unforeseen circumstances to set up an improvised refuge and desires that it should be placed under special protection, it shall communicate this fact forthwith to the Commissioner-General accredited to that Party.

• (2) If the Commissioner-General considers that such a measure is justified by the circumstances and by the importance of the cultural property sheltered in this improvised refuge, he may authorize the High Contracting Party to display on such refuge the distinctive emblem defined in Article 16 of the Convention. He shall communicate his decision without delay to the delegates of the Protecting Powers who are concerned, each of whom may, within a time limit of 30 days, order the immediate withdrawal of the emblem.