Legal assistance

The 1954 Hague Protocol protects cultural property in the event of armed conflict. The 1970 UNESCO Convention aims to prohibit and prevent the illicit import, export and transfer of ownership. The 1995 UNIDROIT Convention governs the return of stolen or illicitly exported property.

These three texts form the foundation of the Organization's action. States wishing to join OIMAP undertake to ratify them or to commit to ratifying them.

Support may cover analysing the compatibility of national law with the conventions, drafting a bill, preparing implementing regulations, and setting up restitution procedures or registries of cultural objects.

It may also concern judicial cooperation: mutual assistance, recognition of decisions, and seizure and confiscation procedures.

A request is assigned to a lead lawyer, who liaises with national services and proposes a work plan. Opinions are written in the language of the request and reviewed by a second lawyer. Texts are treated confidentially until their official publication.

The lawyers do not replace national authorities: they advise, but the choice of solutions and the adoption of texts rest with the State.

Directives No. 2019-07 set a common framework of practices for Member States: identification of objects, traceability, due diligence by operators, cooperation between services. Their adoption is a condition of membership.

Legal assistance offers transposition models and concordance tables that facilitate the work of national services.

Once the text is adopted, the Organization offers follow-up: verification of implementation, information sessions for magistrates and officials, and updating of the relevant country profile. This follow-up is part of the rights and obligations of Member States.

Anonymised feedback is shared within the network of national experts, so that each State benefits from the solutions found by the others.