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MOU: Restriction on Import of Pre-Classical and Classical Archaeological Objects

MEMORANDUM OF UNDERSTANDING BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND
THE GOVERNMENT OF THE REPUBLIC OF CYPRUS CONCERNING THE IMPOSITION OF IMPORT RESTRICTIONS ON
PRE-CLASSICAL AND CLASSICAL ARCHAEOLOGICAL OBJECTS


The Government of the
United States of America and the Government of the Republic of Cyprus;

Acting pursuant to the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, to which both countries are States Party; and

Desiring to reduce the incentive for pillage of irreplaceable archaeological objects and materials representing the Pre-classical and Classical periods of Cypriot history,

Have agreed as follows:


ARTICLE I

A. The Government of the United States of America, in accordance with its legislation entitled the Convention on Cultural Property Implementation Act ("the Act"), will restrict the importation into the United States of certain categories of Pre-classical and Classical archaeological objects to be listed on a Designated List as provided by the Act, unless the Government of the Republic of Cyprus issues a certification or other documentation which certifies that such exportation was not in violation of its laws.

B. Such import restrictions will become effective on the date the Designated List is published in the U.S. Federal Register, the official United States Government publication providing fair public notice.

C. The Government of the United States of America shall offer for return to the Government of the Republic of Cyprus any object of the type described on the Designated List forfeited to the Government of the United States of America.


ARTICLE II

A. Representatives of the Government of the United States of America and representatives of the Government of the Republic of Cyprus will take appropriate steps to publicize this Memorandum of Understanding.

B. Both Governments agree that, in order for United States import restrictions to be fully successful in deterring pillage, the Government of the Republic of Cyprus will seek similar cooperation from countries with significant import trade in Cypriot archaeological artifacts and will strengthen enforcement of its own cultural heritage protection laws.

C. The Government of the Republic of Cyprus will systematically continue to conduct the inventory of cultural resources in museums, ecclesiastical buildings, private collections and archaeological sites. Every effort should be made to engage all Cypriots in this effort.

D. The Government of the Republic of Cyprus will make every effort to discourage pillage of cultural resources, and the unauthorized export of such material, through public education programs, including posting appropriate signage at airports, hotels, museums, and other public areas that draw attention to this Memorandum of Understanding and to the cultural heritage protection laws of Cyprus, and introducing initiatives in support of the importance of protecting and preserving the cultural heritage into schools and to the general public.

E. The Government of the Republic of Cyprus will use its best efforts to develop a prioritized management plan for the effective protection of its cultural resources, giving increased attention to sustainable archaeological tourism as an economic resource.

F. The Government of the Republic of Cyprus will use its best efforts to allocate sufficient resources for site conservation, museum development, and the adequate conduct of salvage archaeology where there is proposed land development; and to ensure that such development, which can give rise to pillage, is fully monitored by the Department of Antiquities.

G. The Government of the Republic of Cyprus will continue to permit the exchange of its archaeological objects under circumstances in which such exchange does not jeopardize its cultural heritage, such as temporary loans for exhibitions, and for other cultural, educational, and scientific purposes.

H. The Government of the United States of America will use its best efforts to facilitate assistance to Cyprus in cultural resource management strategies and training, as appropriate under existing programs in the public and/or private sectors.

I. Both parties to this Memorandum of Understanding will use their best efforts to support bi-communal activity regarding cultural preservation on the island and, to the extent possible, make all Cypriots aware of this Memorandum of Understanding.

ARTICLE III

The obligations of both Governments and the activities carried out under this Memorandum of Understanding shall be subject to the laws and regulations of each Government, as applicable, including the availability of funds.

ARTICLE IV

A. This Memorandum of Understanding shall enter into force upon signature. It shall remain in force for a period of five years, unless extended.

B. This Memorandum of Understanding may be amended through an exchange of diplomatic notes.

C. The effectiveness of this Memorandum of Understanding will be subject to review in order to determine, before the expiration of the five-year period of this Memorandum of Understanding, whether it should be extended . The review will encompass the articles in this Memorandum of Understanding and the four determinations required under the Convention on Cultural Property Implementation Act (19 USC 2602(a)).

IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed the present Memorandum of Understanding.


DONE at
Washington, this day 16 of July, 2002 in the English language.


FOR THE GOVERNMENT OF
THE
UNITED STATES OF AMERICA:

[Ambassador B. Lynn Pascoe, Deputy Assistant Secretary of State for European and Eurasian Affairs]

FOR THE GOVERNMENT OF THE
REPUBLIC OF CYPRUS:

[Ambassador Erato Kozakou-Marcoullis]

Appendix

 

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