Text of the UNESCO Convention 1970

Article 1 defines cultural property as property which each State designates, on religious or secular grounds, as being of importance for archaeology, prehistory, history, literature, art or science, and which belongs to listed categories: zoological collections, archaeological objects, works of art, manuscripts, stamps, furniture.

Article 3 lays down the principle: the import, export and transfer of ownership of cultural property effected contrary to the provisions adopted by States parties are illicit.

Articles 5 to 10 list the measures States must take: protection services, inventory, conservation institutions, control of excavations, ethics of antiques dealers, education. Article 6 provides for the export certificate, and Article 7 for the fight against acquisitions of illicitly exported property.

Articles 13 to 15 deal with restitution and cooperation: States undertake to facilitate the recovery of property, to recognise the rights of legitimate owners and not to prevent the conclusion of more protective bilateral agreements.

The 1970 text is a compromise between States that export cultural property, anxious to protect their heritage, and importing States, attached to the circulation of works. The result is flexible wording, which leaves a great deal to national legislation.

That is why commentaries and case law play a large part in its interpretation. The Commentaries page presents the main doctrinal readings and the decisions that have changed the understanding of the text.