Twenty-one articles in five chapters

The UNIDROIT Convention has twenty-one articles, divided into five chapters: scope, restitution of stolen cultural property, return of illicitly exported property, general provisions and final clauses.
This page presents each chapter, points out the articles most useful to the market and gives examples of their application.
The official text is published by UNIDROIT, an institute based in Rome.
Text of the UNIDROIT Convention 1995 in figures
Source: OIMAP Legal Affairs Department.
Scope and definition
Article 2 defines cultural objects as those which, on religious or secular grounds, are of importance for archaeology, prehistory, history, literature, art or science and belong to one of the categories in the annex. The Convention covers only international cases: the stolen or exported property must be in a State other than the State of origin.
It does not apply retroactively: only thefts and exports after its entry into force are covered.



Articles 3 and 4: restitution and compensation
Article 3 requires the restitution of stolen cultural property. It sets the time limits: three years from knowledge, at most fifty years after the theft, and an exception for property from monuments, archaeological sites or public collections, which are not subject to the absolute fifty-year limit.
Article 4 organises the possessor's compensation: a possessor who neither knew nor ought reasonably to have known that the property was stolen, and who exercised the required diligence, is entitled to fair compensation. It lists the criteria of diligence.
A text designed to be applied
Unlike other conventions that set out principles, the UNIDROIT Convention lays down rules that a judge can use directly: time limits, burden of proof, compensation. This precision makes it a valuable tool for lawyers and magistrates.
It does, however, assume that domestic law has incorporated it. In some States it applies directly; in others an implementing law is needed. A local lawyer should always be consulted.
Key articles
| Article | Content | Practical effect |
|---|---|---|
| 2 | Definition of cultural property | Scope of application |
| 3 | Restitution of stolen property | Action by the owner |
| 4 | Compensation and criteria of diligence | Protection of the diligent buyer |
| 5 | Return of illicitly exported property | Action by the State |
| 6 | Compensation on return | Balance of interests |
| 8 | Jurisdiction of the courts | Where to sue |
Landmarks
- Adoption
Diplomatic conference in Rome.
- Entry into force
After five ratifications.
- First decisions
Case law of States parties.
- ≈50 States parties
Gradual accession.
The criteria of diligence (Article 4)
Ordinary law or the Convention's regime

National ordinary law
Rules specific to each State- Variable time limits
- Sometimes unlimited protection of the possessor
- Local procedures
Unpredictable result.

Convention regime
Uniform rules- Harmonised time limits
- Compensation of the diligent possessor
- Jurisdiction of the courts
More predictable result.



Reading the Convention in practice
- Qualify
Determine whether it is a cultural object.
- Locate
Identify the States concerned and their ratifications.
- Date
Check the date of the theft or export.
- Calculate
Apply the time limits.
- Act
Bring the matter before the competent court.
Documents to keep to prove one's diligence
A lawyer

« If I had to give a buyer just one piece of advice: keep proof of what you checked. It is what will protect you. »
Vocabulary of the text
- Fair compensation
- Sum paid to the good-faith possessor.
- Jurisdiction
- Power of a court to hear a case.
- Annex
- List of categories of cultural property.
- Depositary
- Government that keeps the text.
Frequently asked questions
Who is the depositary?
The Italian government.
Which languages?
French and English.
Where can I see the ratifications?
On the States parties page.
How does OIMAP draw on it?
See Directive 2019-03.
Useful documents
Contacts

See the States parties
Image credits (16)
- The Dance at the Court of Herod, Israhel van Meckenem (c. 1500) — Cleveland Museum of Art, CC0 1.0
- The Judgment of Solomon and Esther before Ahasuerus (pair), Dirk Vellert (c. 1530) — Cleveland Museum of Art, CC0 1.0
- Coronation of the Virgin, Christoffel Jegher (1632–36) — Cleveland Museum of Art, CC0 1.0
- Two Boats with Female Mourners (c. 667–647 BCE) — Cleveland Museum of Art, CC0 1.0
- The Victory Banquet: from Battle Scenes of the Quelling of Rebellions in the Western Regions, with Imperial Poems (c. 1765–74; poem dated 1760) — Cleveland Museum of Art, CC0 1.0
- The Antechamber of the Palace of Justice, Paris, Charles Meryon (1855) — 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
- Five Fragments from Four Painted Vases (c. 520–430 BCE) — Cleveland Museum of Art, CC0 1.0
- Sketches in Belgium and Germany, Volume I: Hall of Justice of the Magistrates du Franc, Bruges, Louis Haghe (1840) — Cleveland Museum of Art, CC0 1.0
- The Calumny of Apelles, Giorgio Ghisi (1560) — Cleveland Museum of Art, CC0 1.0
- Dr. James Stuart; Mary Campbell Stuart, Gilbert Stuart (c. 1815) — Cleveland Museum of Art, CC0 1.0
- Egypt and Nubia, Volume I: The Great Temple of Aboo-Simble, Nubia, Louis Haghe (1846) — Cleveland Museum of Art, CC0 1.0
- Talatat: Nefertiti Offers to the Aten (1353–1347 BCE) — Cleveland Museum of Art, CC0 1.0
- Talatat: Portrait of Nefertiti (c. 1353–1347 BCE) — Cleveland Museum of Art, CC0 1.0
- Mercury (Budha), from a Mandi Astrology Series, Sanju (c. 1810) — Cleveland Museum of Art, CC0 1.0
- Fragment from Red-Figure Oinochoe (Wine Jug) or Hydria (Water Jar): Woman Holding Box, Shuvalov Painter (c. 425–420 BCE) — Cleveland Museum of Art, CC0 1.0
Cleveland Museum of Art · CC0 1.0
UNIDROIT Convention 1995The 1995 Rome Convention on stolen or illegally exported cultural objects: restitution before the courts and compensation of the diligent possessor.›
States parties to the UNIDROIT Convention 1995Which States have ratified the UNIDROIT Convention: global situation, situation of OIMAP Member States and the stakes of accession.›
Due diligenceThe checks every operator must carry out before buying, selling or presenting a work: guide, checklists and templates.›