A stack of texts

Underwater heritage falls under several laws at once: law of the sea, heritage law, maritime salvage law, property law. Fitting them together is not simple, and each State has its own combination.
This page offers an overview: international texts, common principles, national laws and the obligations of market operators.
It does not replace legal advice, but helps to ask the right questions.
Regulation of underwater heritage in figures
Source: OIMAP Heritage Protection Department.
The 2001 UNESCO Convention
It lays down four principles: preserving heritage for humanity, favouring in situ conservation, prohibiting commercial exploitation and cooperating between States. It organises the coordination of States when a discovery concerns several maritime zones.
It does not call into question the law of the sea, but specifies the protection of cultural heritage in each zone: territorial waters, contiguous zone, exclusive economic zone, continental shelf and the International Area.



National laws
National laws specify the procedures: declaration of discoveries, excavation permits, penalties for looting, status of ownership. Many States regard wrecks as public domain; others recognise rights for shipowners or for those who found them.
OIMAP helps its members to modernise their legislation and to ratify the Convention. It offers a model law and support with drafting.
Operators' obligations
A market operator must not acquire, sell or display objects from wrecks without proof of lawful provenance: excavation permit, declaration to the authority, absence of listing. Failing that, the object is presumed illicit.
OIMAP's directives provide for enhanced vigilance for objects of underwater origin and for the obligation to inform the BIOP unit in case of doubt. Breaches may lead to loss of approval.
Towards better harmonisation
OIMAP argues for wider ratification of the 2001 Convention and for the harmonisation of national laws. It supports States wishing to adopt rules on the import of objects of underwater origin, in order to close the outlets for looting.
It works with UNESCO and regional organisations on implementing protocols, notably on wrecks in areas where several States have rights.
Maritime zones and regime
| Zone | Protection regime | Authority |
|---|---|---|
| Territorial waters | Sovereignty of the coastal State | Coastal State |
| Contiguous zone | Control of removals | Coastal State |
| Exclusive economic zone | Cooperation between States | Designated coordinator |
| High seas | Protection by the Convention | States parties |
Landmarks
- Convention on the law of the sea
General framework.
- UNESCO
Protection of heritage.
- Entry into force
Ratifications.
- OIMAP directive
Diligence on objects of underwater origin.
Military wrecks are graves



Salvage law or heritage protection

Salvage law
Reward for the one who saves- Targets the cargo
- Concerns ships in danger
- Unsuited to ancient remains
Does not apply to heritage.

Heritage protection
Preservation of the site- Bans trade
- Requires science
- Priority of the Convention
Applicable regime.
Getting in order
- Identify
Identify the applicable regime.
- Declare
Inform the authority.
- Apply
Obtain the permit.
- Keep
Keep the evidence.
- Comply
Observe the restrictions.
Checks for an object of underwater origin
A lawyer

« The law of the sea was not written to protect amphorae, but the 2001 Convention filled that gap. It now needs to be better known. »
Legal vocabulary
- Exclusive economic zone
- Maritime zone up to 200 miles.
- Continental shelf
- Extension of territory under the sea.
- Territorial waters
- Zone of sovereignty of the coastal State.
- Public domain
- Property belonging to the community.
Frequently asked questions
Has my State ratified the Convention?
See the Member State's record.
Can an object from a wreck be lawfully sold?
Rarely; a clear legal basis is needed.
What is the link with UNESCO 1970?
Whom to contact?
The Legal Affairs Department.
Useful documents
Contacts

See the archaeological sites
Image credits (16)
- Seven Jeweled Mountain (late 1800s) — Cleveland Museum of Art, CC0 1.0
- A Rocky Cove with Fishing Boats, Allart van Everdingen (late 1650s) — Cleveland Museum of Art, CC0 1.0
- Arrival of the "Southern Barbarians" (c. 1600) — Cleveland Museum of Art, CC0 1.0
- Landscape with Winding Road, Thomas Doughty (1833) — Cleveland Museum of Art, CC0 1.0
- Dune Scene with Peasant Figures, Willem van de Velde (mid-1650s) — Cleveland Museum of Art, CC0 1.0
- Enjoying the Evening Cool Along the Sumida River, Kitagawa Utamaro (c. 1797–98) — Cleveland Museum of Art, CC0 1.0
- Nuova pianta di Roma data in luce da Giambattista Nolli l’anno MDCCXLVII, known as La Pianta Grande di Roma, Giovanni Battista Nolli (1748) — Cleveland Museum of Art, CC0 1.0
- Landscape with the Town on a River and the Cottage between Trees, Hanns Lautensack (1551) — Cleveland Museum of Art, CC0 1.0
- Nuova pianta di Roma data in luce da Giambattista Nolli l’anno MDCCXLVII, known as La Pianta Grande di Roma, Giovanni Battista Nolli (1748) — Cleveland Museum of Art, CC0 1.0
- Net Fishing at Night on the Sumida River, Kitagawa Utamaro (c. 1800) — Cleveland Museum of Art, CC0 1.0
- Nuova pianta di Roma data in luce da Giambattista Nolli l’anno MDCCXLVII, known as La Pianta Grande di Roma, Giovanni Battista Nolli (1748) — Cleveland Museum of Art, CC0 1.0
- Roman Ruins, Villa Pamfili, Hubert Robert (1774) — Cleveland Museum of Art, CC0 1.0
- River Landscape with Boats, Annibale Carracci (c. 1590) — Cleveland Museum of Art, CC0 1.0
- A Boat That Has for Sails the Wings of a Huge Bird, Filippo Morghen (about 1769) — Cleveland Museum of Art, CC0 1.0
- Portrait of John VIII Palaoelogus, Emperor of Constantinople, 1424-1428 (reverse), Pisanello (c. 1438–1439) — Cleveland Museum of Art, CC0 1.0
- Nuova pianta di Roma data in luce da Giambattista Nolli l’anno MDCCXLVII, known as La Pianta Grande di Roma, Giovanni Battista Nolli (1748) — Cleveland Museum of Art, CC0 1.0
Cleveland Museum of Art · CC0 1.0
Underwater heritageWrecks, sunken cities, submerged objects: protecting cultural heritage underwater and regulating excavations, looting and trade.›
Wrecks and submerged sitesTypology of wrecks, scientific value, threats, reporting and management: getting to know submerged remains better.›
UNESCO Convention 1970The 1970 Convention on the means of prohibiting and preventing the illicit import, export and transfer of ownership of cultural property.›