Text of the UNIDROIT Convention 1995

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.

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.

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.