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Full Text (PDF format) | Signatories and Ratifications
(Convention of San Salvador)
Approved on June 16, 1976, through Resolution AG/RES. 210 (VI-O/76)
adopted at the Sixth Regular Session of the General Assembly, Santiago,
Chile
THE GOVERNMENTS OF THE MEMBER STATES OF THE ORGANIZATION OF AMERICAN
STATES,
HAVING SEEN the continuous looting and plundering of the native cultural
heritage suffered by the countries of the hemisphere, particularly the
Latin American countries; and
CONSIDERING:
That such acts of pillage have damaged and reduced the archeological,
historical, and artistic wealth, through which the national character of
their peoples is expressed;
That there is a basic obligation to transmit to coming generations the
legacy of their cultural heritage;
That this heritage can only be protected and preserved through mutual
appreciation and respect for such properties, within a framework of the
soundest inter-American cooperation; and
That the member states have repeatedly demonstrated their willingness to
establish standards for the protection and surveillance of the
archeological, historical, and artistic heritage,
DECLARE:
That it is essential to take steps, at both the national and
international levels, for the most effective protection and retrieval of
cultural treasures, and
HAVE AGREED UPON THE FOLLOWING:
Article 1
The purpose of this Convention is to identify, register, protect, and
safeguard the property making up the cultural heritage of the American
nations in order: (a) to prevent illegal exportation or importation of
cultural property; and (b) to promote cooperation among the American
states for mutual awareness and appreciation of their cultural property.
Article 2
The cultural property referred to in the preceding article is that
included in
the following categories:
a) Monuments, objects, fragments of ruined buildings, and archeological
materials belonging to American cultures existing prior to contact with
European culture, as well as remains of human beings, fauna, and flora
related to such cultures;
b) Monuments, buildings, objects of an artistic, utilitarian, and
ethno-logical nature, whole or in fragments, from the colonial era and
the Nineteenth Century;
c) Libraries and archives; incunabula and manuscripts; books end other
publications, iconographies, maps and documents published before 1850;
d) All objects originating after 1850 that the States Parties have
re-corded as cultural property, provided that they have given notice of
such registration to the other parties to the treaty;
e) All cultural property that any of the States Parties specifically
declares to be included within the scope of this convention.
Article 3
The cultural property included in the above article shall receive
maximum protection at the international level, and its exportation and
importation shall be considered unlawful, except when the state owning
it authorizes its exportation for purposes of promoting knowledge of
national cultures.
Article 4
Any disagreement between the parties to this Convention, regarding
application of the definitions and categories of Article 2 to specific
property, shall be resolved definitively by the Inter-American Council
for Education, Science, and Culture (CIECC), following an opinion by the
Inter-American Committee on Culture.
Article 5
The cultural heritage of each state consists of property mentioned in
Article 2, found or created in its territory and legally acquired items
of foreign origin.
Article 6
The control exercised by each state over its cultural heritage and any
actions that may be taken to reclaim items belonging to it are
imprescriptible.
Article 7
Regulations on ownership of cultural property and its transfer within
the territory of each state shall be governed by domestic legislation.
With a view to preventing unlawful trade in such goods, the following
measures shall be encouraged:
a) Registration of collections and of transfer of cultural property
subject to protection;
b) Registration of transactions carried out by establishments engaged in
the sale and purchase of such property;
c) Prohibition of imports of cultural property from other states
with-out appropriate certificate and authorization.
Article 8
Each state is responsible for identifying, registering, protecting,
preserving, and safeguarding its cultural heritage; in fulfillment of
these functions each state undertakes to encourage:
a) Preparation, in accordance with its respective constitutional
standards, of rules and legislative provisions required for effective
protection of this heritage from destruction resulting from neglect or
inadequate preservation work;
b) Establishment of technical organs entrusted specifically with the
protection and safeguarding of cultural property;
c) Establishment and maintenance of an inventory and record of cultural
property, to make it possible to identify and locate it;
d) The establishment and development of museums, libraries, archives,
and other centers for the protection and preservation of cultural
property;
e) The delimitation and protection of archeological sites and places of
historical and artistic interest;
f) Exploration, excavation, investigation, and preservation of
archeological sites and objects by scientific institutions, in
collaboration with the national agency in charge of the archeological
heritage.
Article 9
Each State Party shall prevent by all available means any unlawful
excavation in its territory or any removal of cultural property there
from.
Article 10
Each State Party to this Convention undertakes to take whatever measures
it may consider effective to prevent and curb the unlawful exportation,
importation, and removal of cultural property, as well as those
necessary for the return of such property to the state to which it
belongs in the event of its removal.
Article 11
When the government of a State Party becomes aware of the unlawful
exportation of an item of cultural property, it may address the
government of the state to which the property has been removed,
requesting that it take measures for its recovery and return. This shall
be done through diplomatic channels. The re-quest shall be accompanied
by evidence of the unlawful removal of the property in question, in
accordance with the laws of the requesting state. This evidence shall be
considered by the state petitioned.
The state petitioned shall employ all available lawful means in order to
locate, recover, and return the cultural property claimed and that may
have been removed after this Convention has gone into effect.
If the laws of the state petitioned require judicial action for recovery
of foreign cultural property unlawfully imported or removed, such
judicial action shall be instituted in the appropriate courts by the
competent authority of that state.
The petitioning state also has the right to institute appropriate
judicial action in the state petitioned in order to bring about recovery
of the property that has been removed and application of the pertinent
penalties against those responsible.
Article 12
As soon as the state petitioned is in a position to do so, it shall
return to the petitioning state the cultural property that has been
removed. The cost of returning such property shall be covered by the
state petitioned without prejudice to the measures or action it should
take in order to be reimbursed for such expenses.
Article 13
No tax or government fee shall be charged for cultural property returned
in accordance with the provisions of Article 12.
Article 14
Those responsible for crimes against the integrity of cultural property
or for crimes resulting from the illegal exportation or importation
thereof are subject to extradition treaties, when appropriate.
Article 15
The States Parties bind themselves to cooperate in the mutual knowledge
and appreciation of their cultural values by taking the following
measures:
b) Promoting the exchange of information on cultural property and on
archeological excavations and discoveries.
Article 16
Articles on loan to museums, exhibitions, or scientific institutions
that are outside the state to whose cultural heritage they belong shall
not be subject to seizure as a result of public or private lawsuits.
Article 17
For purposes of compliance with the objectives of this Convention, the
General Secretariat of the Organization of American States is charged
with:
a) Ensuring the enforcement and effectiveness of this Convention;
b) Promoting the adoption of collective measures directed toward the
protection and preservation of cultural property belonging to the
American states;
c) Establishing an inter-American registry of cultural property, both
movable and immovable, that is of special value;
d) Promoting coordination of national legislation on this subject;
e) Granting and arranging any technical cooperation the States Parties
may request;
f) Disseminating information on the cultural property of the States
Parties and the objectives of this Convention;
g) Promoting the circulation, exchange, and exhibition of cultural
property among the States Parties.
Article 18
None of the provisions of this Convention shall impede the States
Parties from entering into bilateral or multilateral agreements relative
to their cultural heritage, nor shall they limit the application of any
agreements to the same end as may be in force.
Article 19
The present Convention is open to signature by the member states of the
Organization of American States and to adherence by any state.
Article 20
The present Convention shall be ratified by the signatory states in
accordance with their respective constitutional procedures.
Article 21
The original instruments, whose Spanish, French, English, and Portuguese
texts are equally authentic, shall be deposited with the General
Secretariat of the Organization of American States, which shall send
certified copies to the signatory states for purpose of ratification.
The instruments of ratification shall be deposited with the General
Secretariat of the Organization of American States, which shall notify
the signatory governments of the deposit.
Article 22
This Convention shall enter into force among the states ratifying it in
the order of deposit of their instruments of ratification.
Article 23
The present Convention shall be in force indefinitely; however, any of
the States Parties may denounce it. The denunciation shall be
communicated to the General Secretariat of the Organization of American
States, which shall inform the other States Parties thereof. One year
from the date of denunciation the Convention shall cease to be in force
for the state that denounced it and remain in force for the other States
Parties.
IN WITNESS WHEREOF, the undersigned Plenipotentiaries, whose powers have
been found to be in due and proper form, sign this Convention in the
city of Washington, D.C., on the dates appearing beside their
signatures.