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UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects (Rome, 1995) is the international treaty on the subject of cultural property protection. It attempts to strengthen the main weaknesses of the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. The UNIDROIT Convention seeks to fight the illicit trafficking of cultural property by modifying the buyer's behaviour, obliging him/her to check the legitimacy of their purchase.
 | |
| Type | Self-executing |
|---|---|
| Signed | June 24, 1995 |
| Location | Rome, Italy |
| Effective | July 1, 1998 |
| Condition | 5 ratifications (Art. 12) |
| Parties | 51 |
| Depositary | Italian Government |
| Language | Authoritative in English and French |
Due diligence and Burden of Proof
The Convention states that if a cultural property was stolen it must be returned (Chapter II, Art. 3.1). Any possessor of a stolen cultural object required to return it might be compensated only if he/she can prove due diligence at the time of the purchase and that he/she neither knew nor ought reasonably to have known that the objects was stolen (Chapter II, Art. 4.1 ).
To assess the legitimacy of the object's origin, art market players can use international and national databases dedicated to cultural property protection, for instance, the INTERPOL Stolen Works of Art Database collects information about stolen cultural property and issues identification numbers to cultural objects.
Whereas Chapter II of the Convention deals with stolen cultural objects, Chapter III contemplates the export of cultural property in violation of national export restrictions. A State Party can request the competent Court of another Contracting State to order the return of a cultural object illegally exported from its territory if the removal of the object caused detriment in one of the ways listed under Article 5.3. Again, the burden of proof is on the possessor to demonstrate that he/she "neither knew nor ought reasonably to have known at the time of acquisition that the object had been illegally exported" (Art. 6.1).
These rules apply equally to cultural objects inherited or received as gifts. Either an heir or a beneficiary has the same responsibility as a buyer. Therefore, museums and other public institutions must carry out checks over the origin of donated objects.
The 1970 UNESCO Convention and the 1995 UNIDROIT Convention
The UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (1970 UNESCO Convention) and the UNIDROIT Convention are compatible and complementary. As distinct from the UNESCO Convention, the UNIDROIT Convention focuses on the recovery of cultural property. The UNIDROIT Convention establishes conditions for claims of restitution/return of stolen or illegally exported cultural objects respectively.
Although the UNIDROIT Convention follows key terminology of the 1970 UNESCO Convention, cultural goods do not need to be defined as such by the State.
Furthermore, the term "cultural property" is replaced by a more comprehensive "cultural object", but the list of their categories remains the same. The concept of "illicit export" is replaced by "illegal export", which references a prohibitive law rather than a general forbiddance.
Time Restrictions to Claims for Repatriation
The Convention regulates the time period that an affected party may bring a claim for the restitution of stolen cultural property or the return of those illegally exported. Such a claim may be brought in three years from the time when the claimant or the requesting State knew the location of the cultural property and the identity of the possessor and in 50 years since the time of the theft, the export or from the date on which the object should have been returned (Art. 3.3 and art. 5.5 ). However, there are exceptions to this rule for stolen objects. Cultural objects that form an integral part of an identified monument or archaeological site, or which belong to a public collection are not subject to time limitation other than a period of three years (Art. 3.4). In addition, a Contracting State may declare that a claim warrants an extended time limit of 75 years or longer if so stated in its national law (Art. 3.5).
The UNIDROIT Convention is not a retroactive treaty. Its provisions only apply to cultural property stolen or illegally exported after the Convention entered into force (Art. 10). However the UNIDROIT Convention "does not in any way legitimise any illegal transaction of whatever which has taken place before the entry into force of this Convention" and does not "limit any right of a State or other person to make a claim under remedies available outside the framework" of the Convention (Art. 10.3).
See also
- Art repatriation
References
- "Status of the UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects". Archived from the original on 2021-01-11. Retrieved 2020-06-03.
- "UNIDROIT Convention on stolen or illegally exported cultural objects". UNIDROIT official website. Retrieved 2017-06-26.
- "Works of art / Works of art / Crime areas / Internet / Home - INTERPOL". Interpol.int. 2017-07-26. Archived from the original on 2017-01-27. Retrieved 2017-06-26.
- "The 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects. An overview" (PDF). UNIDROIT official website. Archived from the original (PDF) on October 10, 2012. Retrieved 2012-07-07.
- "UNIDROIT Convention on stolen or illegally exported cultural objects" (PDF). UNIDROIT official website. Retrieved 2012-07-07.
External links
- List of countries that have accessed/ratified the Convention
- http://www.unidroit.org/instruments/cultural-property/1995-convention
- UNESCO web page about illicit traffic of cultural property
- INTERPOL database on the stolen works of art
- Code of ethics for dealers in cultural property
Author: www.NiNa.Az
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UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects Rome 1995 is the international treaty on the subject of cultural property protection It attempts to strengthen the main weaknesses of the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import Export and Transfer of Ownership of Cultural Property The UNIDROIT Convention seeks to fight the illicit trafficking of cultural property by modifying the buyer s behaviour obliging him her to check the legitimacy of their purchase UNIDROIT Convention on Stolen or Illegally Exported Cultural ObjectsTypeSelf executingSignedJune 24 1995LocationRome ItalyEffectiveJuly 1 1998Condition5 ratifications Art 12 Parties51DepositaryItalian GovernmentLanguageAuthoritative in English and FrenchDue diligence and Burden of ProofClaude Monet Marina Painting stolen from the pt Rio de Janeiro in 2006 The Convention states that if a cultural property was stolen it must be returned Chapter II Art 3 1 Any possessor of a stolen cultural object required to return it might be compensated only if he she can prove due diligence at the time of the purchase and that he she neither knew nor ought reasonably to have known that the objects was stolen Chapter II Art 4 1 To assess the legitimacy of the object s origin art market players can use international and national databases dedicated to cultural property protection for instance the INTERPOL Stolen Works of Art Database collects information about stolen cultural property and issues identification numbers to cultural objects Whereas Chapter II of the Convention deals with stolen cultural objects Chapter III contemplates the export of cultural property in violation of national export restrictions A State Party can request the competent Court of another Contracting State to order the return of a cultural object illegally exported from its territory if the removal of the object caused detriment in one of the ways listed under Article 5 3 Again the burden of proof is on the possessor to demonstrate that he she neither knew nor ought reasonably to have known at the time of acquisition that the object had been illegally exported Art 6 1 These rules apply equally to cultural objects inherited or received as gifts Either an heir or a beneficiary has the same responsibility as a buyer Therefore museums and other public institutions must carry out checks over the origin of donated objects The 1970 UNESCO Convention and the 1995 UNIDROIT ConventionThe UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import Export and Transfer of Ownership of Cultural Property 1970 UNESCO Convention and the UNIDROIT Convention are compatible and complementary As distinct from the UNESCO Convention the UNIDROIT Convention focuses on the recovery of cultural property The UNIDROIT Convention establishes conditions for claims of restitution return of stolen or illegally exported cultural objects respectively Although the UNIDROIT Convention follows key terminology of the 1970 UNESCO Convention cultural goods do not need to be defined as such by the State Furthermore the term cultural property is replaced by a more comprehensive cultural object but the list of their categories remains the same The concept of illicit export is replaced by illegal export which references a prohibitive law rather than a general forbiddance Time Restrictions to Claims for RepatriationMatthias Withoos De Grashaven Stolen from Westfries Museum Hoorne in 2005 The Convention regulates the time period that an affected party may bring a claim for the restitution of stolen cultural property or the return of those illegally exported Such a claim may be brought in three years from the time when the claimant or the requesting State knew the location of the cultural property and the identity of the possessor and in 50 years since the time of the theft the export or from the date on which the object should have been returned Art 3 3 and art 5 5 However there are exceptions to this rule for stolen objects Cultural objects that form an integral part of an identified monument or archaeological site or which belong to a public collection are not subject to time limitation other than a period of three years Art 3 4 In addition a Contracting State may declare that a claim warrants an extended time limit of 75 years or longer if so stated in its national law Art 3 5 The UNIDROIT Convention is not a retroactive treaty Its provisions only apply to cultural property stolen or illegally exported after the Convention entered into force Art 10 However the UNIDROIT Convention does not in any way legitimise any illegal transaction of whatever which has taken place before the entry into force of this Convention and does not limit any right of a State or other person to make a claim under remedies available outside the framework of the Convention Art 10 3 See alsoArt repatriationReferences Status of the UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects Archived from the original on 2021 01 11 Retrieved 2020 06 03 UNIDROIT Convention on stolen or illegally exported cultural objects UNIDROIT official website Retrieved 2017 06 26 Works of art Works of art Crime areas Internet Home INTERPOL Interpol int 2017 07 26 Archived from the original on 2017 01 27 Retrieved 2017 06 26 The 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects An overview PDF UNIDROIT official website Archived from the original PDF on October 10 2012 Retrieved 2012 07 07 UNIDROIT Convention on stolen or illegally exported cultural objects PDF UNIDROIT official website Retrieved 2012 07 07 External linksList of countries that have accessed ratified the Convention http www unidroit org instruments cultural property 1995 convention UNESCO web page about illicit traffic of cultural property INTERPOL database on the stolen works of art Code of ethics for dealers in cultural property