UNIDROIT Convention 1995

Chapter II deals with stolen property. The possessor of stolen cultural property must return it, whatever country it is in, provided the claimant acts within precise time limits: three years from the moment they learned the place and the possessor, and at most fifty years after the theft.

Chapter III deals with illicitly exported property: the State of origin may request its return before the courts of the State where it is located, if it shows that the export harms an important cultural interest.

The Convention does not sacrifice the good-faith acquirer: anyone who proves that they exercised due diligence at the time of acquisition is entitled to fair compensation. This is one of its major innovations, which makes it acceptable to importing States.

Diligence is assessed according to the circumstances: character of the parties, price paid, consultation of a register of stolen property, available documentation. These are precisely the criteria taken up in the 2019 OIMAP directives.

Only about fifty States have ratified the UNIDROIT Convention, against one hundred and forty for the UNESCO Convention. The large importing markets hesitated, fearing that the time limits for claims would make transactions uncertain.

To get round this brake, OIMAP has incorporated into its directives rules inspired by UNIDROIT, applicable to all approved operators whatever the situation of their State. Harmonisation by practice gradually prepares the way for harmonisation by treaty.