16

UNIDROIT CONVENTION ON STOLEN OR ILLEGALLY EXPORTED CULTURAL OBJECTS

Declarations made by States at the time of ratification / accession

under Article 16

Afghanistan

The Government of Afghanistan hereby declares that in accordance with paragraph 1 of Article 16 of the Convention, claims for the restitution or requests for the return of cultural objects may be submitted directly to the courts or other competent authority (Article 16(1)(a)) or through an authority or authorities designated by the State (Article 16(1)(b)).

Algeria

(Translation). In accordance with Article 16, paragraph 1 of the Convention, claims for restitution and requests for return may be submitted a) directly to the Algerian authorities in charge of the protection of the cultural heritage; b) through diplomatic or consular channels.

Angola

(Translation). In accordance with Article 16, paragraph 1 of the Convention, claims for restitution and requests for return may be submitted through diplomatic or consular channels.

Argentina

(Translation) The Argentine Republic declares that the requests for the return, or claims for the restitution, of acquired cultural objects, brought by a State under article 8, shall be submitted through the diplomatic or consular channels provided for in article 16 (1) (c).

Azerbaijan

In accordance with Article 16, paragraph 1 of the Convention, the Republic of Azerbaijan declares that claims for the restitution, or requests for the return, of cultural objects brought by a State under Article 8 may be submitted to it under the procedures which are specified in sub-paragraphs b) and c) of Article 16, paragraph 1 of the Convention.

In accordance with Article 16, paragraph 2 of the Convention, the Republic of Azerbaijan declares that the Ministry of Culture of the Republic of Azerbaijan is designated as the competent authority of the Republic of Azerbaijan to order the restitution or return of cultural objects under the provisions of Chapters II and III.

Benin

(Translation) Benin declares that claims for the restitution or requests for the return of cultural objects brought by a State under Article 8 may be submitted (1) through the Ministry of Culture of Benin to forward them to the courts or other competent authorities of that State; and (2) through diplomatic or consular channels or through the Ministry of Foreign Affairs of Benin.

Bolivia

(Translation).  The State of Bolivia shall apply the provision contained in Article 16 (1)(a) of the Convention on Stolen or Illegally Exported Cultural Objects.

Bosnia and Herzegovina

In accordance with paragraph 1 of Article 16 of the Convention, claims for the restitution or requests for the return of cultural objects may be submitted

In the Federation of Bosnia and Herzegovina:

(a) directly to the courts or other competent authorities of the declaring State; and

(c) through diplomatic or consular channels.

In the Republic of Srpska:

(a) directly to the courts or other competent authorities of the declaring State;

(b) through an authority or authorities designated by the declaring State to receive such claims and to forward them to the courts of other competent authorities of that State; and

(c) through diplomatic or consular channels.

In the Brcko District:

(a) directly to the courts or other competent authorities of the declaring State;

(b) through an authority or authorities designated by the declaring State to receive such claims and to forward them to the courts of other competent authorities of that State; and

(c) through diplomatic or consular channels.

Botswana

The claims for restitution and requests for return of cultural objects brought by a State under Article 8 may be submitted directly to its courts or other competent authorities.

Brazil

(Translation)  In relation to Article 16 paragraph 1 of the UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects, Brazil informs it that claims brought by other Contracting States for the return or restitution of cultural assets from Brazil may be submitted directly to the Brazilian courts or other competent authorities.

Burkina Faso

(Translation) Burkina Faso declares that claims for the restitution or requests for the return of cultural objects brought by a State under Article 8 may be submitted directly to the courts or other competent authorities or through diplomatic or consular channels.

Cambodia

(Translation). In accordance with Article 16, paragraph 1 of the UNIDROIT Convention, requests for the return or claims for the restitution of cultural objects brought by a State under Article 8 shall be transmitted to the Kingdom of Cambodia through the diplomatic or consular channels.

China

(Translation). In accordance with Article 8 of the Convention, any claim submitted to China for the return or restitution of cultural objects may be submitted directly to a Chinese court, or indirectly to a Chinese court through an agency responsible for the administration of Chinese cultural objects.

Colombia

The Colombian State applies the procedure provided for paragraph 1(c) of Article 16 of the 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects namely, through diplomatic or consular channels, in order that other States Parties may, under Article 8 of the said Convention, submit their requests for return or restitution of cultural property to the Colombian authorities.

Côte d’Ivoire

(Translation) Côte d’Ivoire declares that claims for the restitution or requests for the return of cultural objects brought by a State under Article 8 must be submitted through diplomatic or consular channels.

Croatia

(Translation).  In accordance with paragraph 1 of Article 16 of the UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects, the Republic of Croatia declares that  claims for the restitution or return of cultural objects according to Article 8 of the Convention shall be submitted, through diplomatic or consular channels.

Cyprus

The Government of the Republic of Cyprus, in accordance with Article 16, paragraph 1, of the UNIDROIT CONVENTION on Stolen or Illegally Exported Objects, hereby declares that claims for the restitution, or requests for the return, of cultural objects brought by the State under Article 8 may be submitted to it, through diplomatic of consular channels.

Denmark

The Government of Denmark shall hereby in accordance with Article 16 in the UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects declare that claims addressed to Denmark for the restitution, or requests for the return of cultural objects brought by a State under Article 8 in the Convention shall be submitted directly to the courts of Denmark.

Ecuador

The Government of the Republic of Ecuador declares that, in accordance with the provisions of Article 16 of the Convention, the claims of restitution or return of stolen or illegally exported cultural property, shall be submitted in accordance with the procedures provided in sections a), b), and c) of paragraph 1 of Article 16 of the Convention.

The National Institute of Cultural Heritage (INPC) is the designated authority to receive complaints on restitution or return of cultural property in accordance with the provisions of Chapter III of the Convention.

El Salvador

With reference to Article 16, paragraph 1 of the UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects, the States Parties to that Convention may submit their requests for the restitution or return of cultural objects directly to the Ministry of Foreign Affairs of El Salvador.

Finland

The Government of Finland declares in accordance with Article 16 of the Convention that claims for the restitution, or requests for the return of cultural objects may be submitted in accordance with the procedure referred to in subparagraph 16 (1) (a). The Ministry of Justice is the authority designated to receive claims or requests under Chapter III of this Convention.

Ghana

Ghana hereby declares that in accordance with paragraph 1 of Article 16 of the Convention, claims for restitution, or requests for the return, of cultural objects brought by a State under Article 8 may be submitted to it directly to designated competent authorities or through diplomatic or consular channels.

Greece

In accordance with Article 16, paragraph 1 of the Convention, the claims and requests must be submitted to the Hellenic Ministry of Culture/Directorate General of Antiquities and Cultural Heritage which shall receive such claims or requests and forward them to the competent courts.

Guatemala

(Translation).  The Government of the Republic of Guatemala declares that, in accordance with article 16 of the Convention, claims for the restitution of stolen cultural objects, or for the return of illegally exported cultural objects may be brought under the procedure provided for in Article 16 (1) (b). The Ministry of Culture and Sport of the Republic of Guatemala shall be the authority designated to receive claims for the restitution or the return of cultural objects under Chapter III of the Convention.

Hungary

In accordance with Article 16, claims for the restitution, or requests for the return of cultural objects may be submitted through diplomatic or consular channels.

In the Republic of Hungary the Ministry of Culture and Education shall forward the claims to the Capital Court, competent to settle the property claims.

Iran

(Translation).  Claims for the restitution, or requests for the return, of cultural objects brought by a State Party to the Convention under Article 8 may be submitted under the following procedures: 1) directly to the courts; 2) through diplomatic or consular channels.

Italy

The Government of the Italian Republic declares, pursuant to Article 16 of the Convention; that the claims for restitution or return of cultural property, stolen or illegally exported, will have to be brought before the Court of the place where the property is situated.  In case that place is unknown or the property is not in the State, the request is made before the Court of the place where the defendant is resident or domiciled or, if these are unknown, before that of the place of the defendant’s home.  If the defendant is a legal person or an unincorporated association, the provisions of Article 19 of the Italian Code of Civil Procedure will apply. Claims shall also be submitted through diplomatic or consular channels.

Lao People’s Democratic Republic

In accordance with paragraph 1 (c) of Article 16 of the Convention, claims for the restitution or requests for the return of the cultural objects shall be submitted to the Government Lao People’s Democratic Republic through diplomatic or consular channels.

Latvia

In accordance with paragraph 1 of Article 16 of the Convention, the Republic of Latvia declares that claims for the restitution, or requests for the return, of cultural objects brought by a State under Article 8 may be submitted directly to a court of law.

Lithuania

Whereas it is provided in Article 16, paragraph 1 of the Convention, the Republic of Lithuania declares that the Ministry of Culture of the Republic of Lithuania is an authority which shall receive claims for the restitution, or requests for the return, of cultural objects, and shall forward them to the courts of the Republic of Lithuania.

Madagascar

Madagascar declares that, under Article 16(1) of the Convention, claims for restitution, or requests for return of cultural objects brought by a State under Article 8, will be submitted through diplomatic or consular channels.

Mexico

(Translation). In relation to Article 16(1)(a) and (c), requests for the return of, or claims for the restitution of, stolen or illegally exported cultural objects may be submitted directly to the competent courts or authorities, or through diplomatic or consular channels.

Montenegro

Montenegro hereby declares that in accordance with paragraph 1 of Article 16 of the Convention, claims for restitution, or requests for the return, of cultural objects brought by a State under Article 8 may be submitted to it through diplomatic or consular channels.

Morocco

(Translation) In accordance with Article 16(1) of the UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects, adopted in Rome on 24 June 1995, the Government of the Kingdom of Morocco declares that claims for the restitution, or requests for the return, of cultural objects brought by a State under Article 8 may be submitted to it through an authority or authorities designated to receive such claims or requests and to forward them to the courts or other competent authorities (Article 16(1)(b)).

The authority designated for this purpose is:
Ministère de la Justice, Direction des Affaires Pénales et des Grâces
Email : dapg@justice.gov.ma
Tel. +212 537 218 482 / +212 537 218 487
Fax +212 537 703-347 / +212 537 202 909

Myanmar

The Republic of the Union of Myanmar declares that, under Article 16(1) of the Convention, claims for restitution, or requests for return of cultural objects brought by a State under Article 8, will be submitted through diplomatic channels.

New Zealand

The Government of New Zealand declares that, in accordance with paragraph 1 of Article 16 of the Convention, claims for the restitution or requests for the return of cultural objects brought by a State under Article 8 of the Convention may be submitted through the New Zealand Ministry for Culture and Heritage being an authority designated by New Zealand to receive such claims or requests; or through diplomatic or consular channels.

North Macedonia

In accordance with paragraph 1 of Article 16 of the Convention, claims for the restitution or requests for the return of cultural objects may be submitted 1) directly to the courts of the declaring State; or 2)  through diplomatic or consular channels.

Norway

In accordance with Article 16(1)(a), claims for the restitution or requests for the return, of cultural objects brought by a State under Article 8, may be submitted directly to the courts or the other competent authorities of Norway.

Panama

(Translation).  Claims for restitution or return of cultural goods, submitted by a State under Article 8 of the Convention, may be filed in accordance with the procedure laid down in Article 16(1)(b) thereof, and in default, according to the provisions in Article 16(1)(c).

Competent authorities for these purposes are the Ministry of Education, the National Cultural Institute (National Directorate of Historical Heritage) and those, which by law have jurisdiction over such offenses.

Paraguay

(Translation).  The Republic of Paraguay declares, in accordance with the provisions of Article 16 of the UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects, that requests for the return, or claims for the restitution, of cultural objects, brought by a State under Article 8, may be submitted to the Republic of Paraguay through diplomatic or consular channels.

Peru

(Translation).  The Republic of Peru declares, in accordance with the provisions of Article 16 of the UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects, that requests for the return, or claims for the restitution, of cultural objects, brought by a State under Article 8, may be submitted to the Republic of Peru through judicial, diplomatic or consular channels.

Portugal

The Portuguese Republic declares, in accordance with Article 16 of the Convention that claims for the restitution or requests for the return of cultural objects may be submitted by another State in accordance with the procedure referred to in subparagraph (b), paragraph 1 of the said article.

The Polícia Judiciária (Criminal Police) is the authority designated to receive claims or requests formulated under Article 8 of the Convention.

Romania

(Translation).  Under Article 16 of the Convention, Romania declares that requests for return or restitution of cultural property brought by a State under Article 8 may be submitted through one or more designated authorities by the State to receive such requests and forward them to the courts or other competent authorities of the State.

Slovakia

The Slovak Republic declares that in accordance with the national law of the Slovak Republic only the procedure according to Article 16, paragraph 1, subparagraph (c) of the Convention may be applied.

Slovenia

In compliance with Article 16 of the Convention, the Ministry of Culture is the authority which shall receive claims for the restitution, or requests for the return, of cultural objects, and shall forward them to the courts of the Republic of Slovenia.

South Africa

In accordance with paragraph 1 of Article 16 of the Convention, South Africa declares that claims for the restitution, or requests for the return, of cultural objects brought by a State under Article 8 may be submitted to it through diplomatic or consular channels.

Spain

(Translation).  Requests for the restitution or return of cultural objects, submitted by a State in accordance with Article 8 of the Convention, may be submitted under the procedure provided for in Article 16 (b) of the Convention. For that purpose, the competent authority shall be understood to be the Ministry of Education, Culture, and Sport (General Directorate of fine arts and cultural objects).

Syrian Arab Republic

The Government of the Syrian Arab Republic declares that in accordance with paragraph 1 of Article 16 of the Convention, claims for the restitution or requests for the return of cultural objects may be submitted through diplomatic or consular channels (Article 16(1)(c)) and exclusively through the Permanent Delegation of the Syrian Arab Republic to UNESCO and the Ministry of Foreign Affairs and Expatriates.

Sweden

In accordance with paragraphs 1 and 2 of Article 16 of the Convention, requests for the return of illegally exported cultural objects and other related issues may be submitted directly to a general court, and claims for the restitution of stolen cultural objects and related issues may be submitted to a general court or to the Swedish Enforcement Authority.

Togo

(Translation) In accordance with Article 16, paragraph 1 of the Convention, claims for the restitution, or requests for the return, of cultural objects brought by a State under Article 8 may be submitted to Togo under the procedures which Togo approves: a) directly to the courts or other competent authorities; and c) through diplomatic or consular channels.

Tunisia

(Translation). The Republic of Tunisia declares, in accordance with Article 16(1) of the Convention, that claims for restitution or return of cultural objects may be submitted according to the procedures provided for under Article 16(1)(a) and (c).