Convention on Stolen or Illegally Exported Cultural Objects

(Rome, 24th June 1995)

In itself, the Convention will not provide a solution to the problems created by illicit trade, but it is intended to initiate a process that will enhance international co-operation and maintain the role of legal trade in, and inter-state exchange of cultural objects.

Chapter One, Article One:

1. The restitution of stolen cultural objects;
2. The return of cultural objects removed from the territory of a Contracting State contrary to its law regulating the export of cultural objects for the purpose of protecting its cultural heritage.

For the purposes of this Convention, cultural objects are those which, on religious or secular grounds, are of importance for archaeology, pre-history, history, literature, art or science and belong to one of the categories listed in the annex to the convention.

Chapter Two, Article Three

1. The possessor of a cultural object which has been stolen shall return it.
2. For the purposes of this Convention, a cultural object which has been unlawfully excavated or lawfully excavated but unlawfully retained shall be considered stolen, when consistent with the law of the state where the excavation took place.
3. Any claim for restitution shall be brought within a period of three years from the time when the claimant knew the location of the cultural object and the identity of its possessor, and in any case within a period of fifty years from the time of the theft.
4. However, a claim for restitution of a cultural object forming an integral part of an identified monument or archaeological site, or belonging to a public collection, shall not be subject to time limitation other than a period of three years from the time when the claimant knew the location of the cultural object and the identity of its possessor.

Article Four

1. The possessor of a stolen cultural object required to return it shall be entitled, at the time of its restitution, to payment of fair and reasonable compensation provided that the possessor neither knew nor ought reasonably to have known that the object was stolen and can prove that it exercised due diligence when aquiring the object.
2. ...reasonable efforts shall be made to have the person who transferred the cultural object to the possessor, or any prior transfer, pay the compensation where to do so would be consistent with the law of the state where the claim was brought.

Chapter Three, Article Five

1. A Contracting State may request the court or other competent authority of another Contracting State to order the return of a cultural object illegally exported from the territory of the requesting state.
2. A cultural object which has been temporarily exported from the territory of the requesting state, for purposes such as exhibition, research or restoration, under a permit issued according to its law regulating its export for the purpose of protecting its cultural heritage and not returned in accordance with the terms of that permit shall be deemed to have been illegally exported.

Annex (Cultural Objects)

1. Rare collection and specimens of fauna, flora, minerals and anatomy, and objects of paleontological interest;
2. Property relating to history, including the history of science and technology and military and socil history, to the life of national leaders, thinkers, scientists and artists and to events of national importance;
3. Products of archaeological excavations (including regular and clandestine) or of archaeological excavations;
4. Elements of artistic or historical monuments or archaeological sites which have been dismembered;
5. Antiquities more than 100 years old, such as inscriptions, coins and engraved seals;
6. Objects of ethnological interest
7. Property of artistic interest, such as:
   • pictures, paintings and drawing produced entirely by hand on any support and in any material;
   • Original works of statutory art and sculpture in any material;
   • Original engravings, prints and lithographs;
   • Original artistic assemblages and montages in any material.
8. Rare manuscripts and incunabula, old books, documents and publications of special interest (historical, artistic, scientific, literary etc) singly or in collections;
9. Postage, revenues and similar stamps, singly or in collections;
10. Archives, including sound, photographic and cinematographic archives;
11. Articles of furniture more than 100 years old and old musical instruments.