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Collections Policy
PALMER MUSEUM OF HISTORY AND ART
COLLECTIONS POLICY
Palmer Museum of History and Art
Adopted by the Palmer Museum of History and Art Board of Directors 2005
Introduction/History: Incorporated in 2005 as a private, 501(c)3 not-for-profit corporation,
the Palmer Museum of History and Art (PMHA) is a membership-based museum organization
.
Mission of the Museum:
The Palmer Museum of History and Art (PMHA) will collect, research, document and preserve two and three dimensional objects and archival materials relating to the human and natural history and culture of the Greater Palmer region. Also, by providing the most efficient and complete access to information contained within the collections, the museum encourages citizens to expand their knowledge about themselves and their community.
MISSION STATEMENT
The mission of the PMHA is to collect, care for, exhibit and interpret items that
depict the history of the Greater Palmer region. The museum's collections will contain
items that best depict the region's history, exploration, settlement, agriculture, and trade,
cultural and social development. (Adopted by the PMHA Board of Directors 2005).
GOALS
To contribute to the cultural, educational, and tourism development of the Greater Palmer region.
To maintain the highest professional and aesthetic standards expected of a regional history museum.
To provide adequate facilities to accommodated the programs and services of the museum.
To maintain a competent and well trained professional museum staff.
To maintain financial stability through adequate fundraising, community support and prudent fiscal management
To develop and maintain a positive public image and community relationship.
By demonstration, leadership and education, the Palmer Museum of History and Art hereafter referred to as the Museum endeavors to serve the widest possible audience and to work with groups, individuals and organizations, which share a common interest in cultural and educational activities.
GENERAL POLICIES
Public Trust - The City of Palmer holds the Collections of the PMHA in public Trust. No item may be transferred or disposed of in any other way without recommendation by the appropriate Museum staff and Acquisitions/Deaccessions Committee.
Care of Collections - Museum staff members are responsible to assure that the Collections, whether on exhibition or in storage, are reasonably protected against fire, theft, vandalism and natural disaster.
Ethics - Acquisitions/Deaccessions Committee and staff will abide by the Ethical Standards accepted by the American Association of Museums and the City of Palmer.
Accession Procedures - Administrative staff will establish procedures for the care of the collections, including care and handling, protection from fire, theft, vandalism and natural disaster and general conservation.
Records - The museum will maintain an established system for preservation of data on collections. This system will be divided into two general categories; records associated with registration functions and records associated with curatorial functions.
Record Keeping - Collections records will be timely made, housed in secure locations, and physically preserved by proper handling and storage methods, in accordance with Collections Division Operating Procedures.
Title - The Curator is responsible, in good faith, to discover or research whether the object has a valid, clear title and is not unethically acquired or unscientifically excavated, and complies with all criteria. If doubt exists, the Curator will consult with scientists or other curators with expertise in the area. This applies to acceptance of items for accession, loan, exhibit or other purposes.
Deed of Gift- In donating an item, the donor transfers all possessor rights in the object to the City of Palmer, or PMHA.
Copyright- Copyright to all materials owned by the Museum follows current copyright law. Unless otherwise negotiated or covered under previous copyright law, the Museum will endeavor to obtain copyright to all materials acquired by donation or purchase.
Acquisitions/Deaccessions Committee - The Committee will be composed of: the Curator, and three PMHA Board Members. .
Trade - The museum must hold an item for a minimum of one year before the item may be considered for deaccessioning or trade. No item may be accepted as a donation with the intent that it will be used for immediate trade.
Restrictions on Gifts - The Museum does not accept gifts with special conditions or restrictions on usage.
Appraisals - The Museum does not provide appraisals for donors. In the event an appraisal is needed, the donor must arrange for an independent appraisal at his or her own expense.
Fees - The Museum reserves the right to establish fee structures for Photograph duplication, and for commercial use of objects, documents or reproductions of objects from the collection.
SCOPE OF COLLECTION
The Palmer Museum of History and Art collects only those artifacts that are:
Representative and unique ethnographic objects from Alaska native groups. Objects may be fine ethnographic art as well as ordinary and everyday implements. Objects should have been made or used by Alaska natives and have a clear historical association with Alaska.
Items of historic significance in the exploration, settlement, and exploitation of the Greater Palmer region by European, American and other non-native groups and in the contact and relationship between native and non-native Alaskans.
Fine Art by Alaskan artists or art depicting the Matanuska-Susitna Valley region. Fine art includes, but is not limited to, painting, drawing, sculpture, prints, photographs and crafts. Criteria for selection of such acquisitions will be outstanding aesthetic quality and historical significance to Alaska.
Natural history specimens useful in the interpretation or study of the Matanuska-Susitna Valley region geology or wildlife. Only well preserved specimens of exhibit quality will be sought.
The museum can properly house and for which it can properly care.
GENERAL CRITERIA FOR ACCEPTANCE OF ACQUISITIONS
1. Items must be appropriate to the permanent collection and relate to the museum mission.
2. Items of a hazardous nature are not collected.
3. Documentation of the item has been considered adequate by the Curator.
The physical character of the item is appropriate for inclusion in Collections.
The historical association of the item is considered by the Curator and Acquisitions Committee as within the scope of collections.
The item's provenance is clear, without encumbrances and is a matter of public record.
Clear title can be obtained and retained by the Museum.
All costs associated with acceptance are known and considered, i.e., rental of storage space, immediate conservation needs, special storage, etc.
As of (date this policy is adopted) the Museum will not acquire antiquities in violation of the UNESCO Convention of the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (1970).
The museum will not acquire unscientifically, illegally, or unethically excavated archaeological materials nor unethically or illegally obtained historical materials.
The museum will not acquire anything that violates current obscenity laws.
SPECIFIC CRITERIA FOR ACQUISITIONS
1. Ethnographic collection
Objects collected should be representative of prehistoric, historic and contemporary objects made by the indigenous people of the region.
2. History collection
Objects collected should relate to the history of the region-its exploration, settlement, and development. Objects must have historical significance by virtue of documented relationship to the recognized history of the region, or if they provide information or understanding of former life ways, personalities or events which are part of the history.
Objects collected range from the earliest historic material to the present.
Objects from other regions may be collected if there is a relationship to the history of this region.
3. Art Collection
Objects collected are limited to the visual arts, including painting, drawing, sculpture, prints, photographs, crafts, or images of ephemeral works.
Objects should be of high quality and should represent significant aspects of the development of art in the region.
Photomechanical reproductions of original artwork may be added to either archive as representatives of the artist's work or as historical objects in the permanent collections.
4. Education collection
Instructional, duplicate, expendable objects or replicas may be accepted for the auxiliary collection. Proper records of these collections must be made to ensure identification and location of these collections at all times.
5. Archives
Photographs, negatives and slides of all types from the Matanuska-Susitna Valley region are collected.
Prospective donations of collections by a specific photographer must include images from the Matanuska region or relate to the history of the region.
Maps with possible exhibition or research use are collected.
Manuscript collections are not actively sought but are accepted if they may aid research or may be of use for future exhibition purposes.
CRITERIA FOR PURCHASES
Any purchase will be considered within the context of the scope or guidelines of the permanent collection.
The price must be fair. Funds must be available to cover cost of purchase, transportation, documentation, conservation and storage of the object.
The cost of the purchase must be commensurate with the importance of the object to the permanent collection.
The possibility should be considered that a comparable object might be obtained through gift or bequest.
The relationship between the Museum and the owner should not be construed as a conflict of interest.
The museum will not purchase any item, which might reasonably be considered for repatriation under the Native American Grave Protection Repatriation Act.
No items will be purchased which violate any International, Federal or State laws or treaties that deal with artifact and wildlife protection.
The museum will inquire of a vendor whether he can insure clear title or if there are restrictions, which would affect the Museum's rights to use of the object.
CRITERIA FOR GIFTS/BEQUESTS
Any gift or bequest will be considered within the scope or guideline of the permanent collection. Donations of objects that fall outside of this scope will be considered if they can be interpreted and exhibited for the benefit of public interest and education.
The relationship between the Museum and the donor must not be construed as a conflict of interest.
The Museum does not accept gifts with special conditions or restrictions on usage.
The museum will not accept as donation any item which violates International, Federal or State laws or treaties that deal with artifact and wildlife protection. If an item offered for donation may be subject to repatriation under NAGPRA, the museum will consider this is an opportunity to take a pro-active stance toward return. The donor is to be notified which pieces may be eligible for repatriation and why. If the donation proceeds, the relevant Native groups will be contacted in regards to the museum's new holdings. If a donated item is repatriated within three years of acceptance, the museum must notify the IRS that it no longer has ownership of the item.
The museum will inquire of a donor whether the title being conveyed is complete or if he can insure clear title, which would affect the museum's rights to use of the object.
6. The value of the item will be agreed upon between the donor and curator not to exceed $5,000. If over $5,000 the item will be submitted to the City of Palmer for approval.
7. The City of Palmer shall maintain insurance covering all donated material.
ACCESSION PROCEDURES
The process of accessioning items into the museum's permanent collection consists of three steps: Deed of Gift Form, Acknowledgement of Gift and Accessioning in the register.
Deed of Gift
When a donation is accepted by the museum, the donor is required to sign a deed of gift, which transfers ownership of the object to the museum.
Acknowledgements
For each donation, a formal acknowledgement is sent to the donor by the Museum Registrar, accompanied by a deed of gift form describing the item or items in the donation.
Purchases
A receipt, invoice or bill of sale must be obtained for each purchase of material for the collection. That invoice must state that the owner has clear title to the object(s) and has the right to sell the object(s).
DEACCESSION POLICY
Deaccessioning is the process of removing permanently from the collection's accessioned library materials and museum objects. The deaccessions process shall be cautious, deliberate, and scrupulous. The museum should deaccession only when absolutely necessary. Any deaccession, moreover, should reflect a clear Museum policy. Rigorous standards will be employed with regard to deaccessioning so that it does not reflect mere changes in fashion or taste.
The Registrar has a fiduciary responsibility to protect and preserve the collections of the Museum. Deaccessioning, is an important procedure used only in exceptional circumstances.
Generally objects including library material should be kept for as long as they retain their usefulness for the purposes of the Museum's mission and the divisional scope of collections. Deaccessioning should be done for the sole purpose of advancing the quality and preservation of collections, except that the Museum will carry out deaccessioning as required by applicable state or federal laws.
It is the philosophy of the Museum that its collections are a permanent part of the public trust. However, the museum also recognizes that, at times, it may best serve the public interest to remove certain materials from its collections.
Objects are permanently contained in the collection as long as they continue to be useful to the museum's purposes and activities and if they can be properly stored, preserved and used. Objects may be removed from the collection when these conditions no longer prevail or in the interest of improving the collection.
An object proposed for disposal is reviewed on the basis of its intellectual contribution, cultural origin, research potential, attribution and provenance, condition, quality, quantity, price/market value, conservation, care requirements, maintenance costs, and restrictions on use.
Relation to Mission/Scope of Collections:
Some museums allow an object's removal if it is not reflective of the institution's purpose, mission, or scope of collections. This criteria may be useful for removing objects acquired by the museum before the mission and scope of collections was fixed, or if the mission and scope have been narrowed after a period of more general collecting.
CRITERIA FOR DEACCESSIONING
Collection items may be considered for deaccessioning based on any one of the following criteria.
Repatriation. Objects are to be repatriated under NAGPRA or subject to International, Federal, or State Laws or treaties that deal with artifact or wildlife protection.
Duplication. Objects are of lesser quality of historic or artistic relevance than similar objects in the permanent collections.
Irrelevance to collections. Objects do not fall within the guidelines established by the Museum collection policy.
Poor quality. Objects are not of quality or significance for collection, exhibit or research.
Poor condition. Objects are deteriorated, broken and determined to be beyond repair.
Hazardous material. Objects have become dangerous because of damage, deterioration or chemical composition that could cause fire, explosion, or other conditions of a destructive nature.
Fakes or Forgeries. Objects are determined not to be authentic.
Method of Disposal
The decision to deaccession will be made by the Collections/Deaccessions Committee upon recommendation by the Museum Registrar, in accordance with policies approved by the Museum's governing authority.
Deaccession methods must be in the best interests of the museum, its public, the public trust, and the scholarly and cultural communities.
No object may be deaccessioned until it has been in the Museum's collection for a minimum of two years. Nothing may be accepted into the collections if it is expected to be deaccessioned within two years.
Objects deaccessioned through the recommendation of the Museum Registrar should be placed either through gift or exchange in another tax-exempt public institution where they may serve the purpose for which they were originally acquired.
Clear and consistent records, including photographs, must be maintained on all deaccessioned objects.
No city staff member or member of his or her immediate family may purchase individually or at auction an item deaccessioned from the museum.
Before deaccessioning any object, the museum must put forth its best effort to determine it is free to do so.
CARE OF COLLECTIONS
Record keeping
It is the duty of the Registrar to develop and maintain such records and files as are necessary and appropriate to control, records, track and otherwise maintain the collections. These records shall include but are not limited to: deed of gift forms, documentation files; computer files, image files, notice of new acquisition forms, deaccession forms and their logs as well as condition report forms included the PastPerfect registration software. The Registrar is to ensure that copies of gift forms are regularly transferred to a safe storage area outside off site.
Environment
It is the policy of the museum that items will be exhibited, stored and maintained in accordance with museum standards as established by the American Institute of Conservation to the degree possible consistent with staff and financial resources. The collections department staff will develop such procedures as are necessary to maintain the collections in the best possible condition and order. The collections department staff will also develop such plans as are necessary to upgrade storage conditions as needed.
Conservation
The collections department staff routinely assesses the condition of objects within the collections, particularly for exhibition or loan purposes.
Photos, archives, and objects may be accessed as follows:
The Registrar and Museum Aide are alone authorized to remove items from storage.
The collection is an educational resource and will be made available to the public by appointment, for close inspection and photography, under proper control, subject to the approval of the Curator. Access to the storage and conservation areas is limited to those supervised by Museum Staff. No food, drink, or tobacco will be permitted in the collections storage area.
LOAN POLICIES
The museum will accept incoming loans of items on the following basis:
for use in temporary exhibits.
for use in long term exhibit's a standard 5 year minimum.
for short-term research.
To be duplicated, with the duplicates entered into collections.
All loans must follow Collections Division Operating Procedures.
All impending loans must be approved in writing by the Curator. The Curator is also responsible for processing loans and seeing to the return of loans.
It rests with the discretion of the museum as to whether or how long objects lent to it shall be exhibited to the public.
The Museum may never return a loan to anyone other than the persons (or the legal representative of their estate) from whom it was received without their written authorization to do so and without presentation of the Loan Receipt. In the event that a third person claims an article on loan to the Museum as theirs the museum or society may not deliver it to either party. The Museum or the Society may request that the courts determine which of the parties is entitled to the article.
Unclaimed Loans - All items within the collections whose ownership can not be determined, or whose owner does not come forward to claim the property, may revert to ownership by the Museum only after every reasonable attempt has been made to identify and locate the owner. Proper notice of intent is herein defined as:
The Museum shall be deemed to have given a lender notice of intent to terminate a loan if the museum sends the notice to the lender's last known address and proof of receipt is received by the museum within thirty (45) days from the date the notice was mailed. If the Museum does not have an address for the lender, or if proof of receipt is not received by the museum thirty (45) days after mailing, notice shall be deemed given if the museum publishes notice at least once a week for four (4) consecutive weeks in a newspaper of general circulation in the city in which the owner was last known to reside according to Museum records. A notice shall contain the lenders name the lenders address and telephone number of the appropriate person to be contacted at the museum for information regarding the property.
Notice of Intent to Terminate a loan shall substantially contain the following language:
`The records of The Palmer Museum of History and Art of Palmer, AK, indicate you have property on loan to it. The Museum wishes to terminate the loan, or “the period of the loan has expired.” You must contact the Museum, establish your ownership of the property, and make arrangements to collect the property.'
Any property held by the museum for twenty-five (5) years or more after the notice requirements have been satisfied and to which no person has made claim, shall be deemed abandoned. The property shall become property of the museum, provided that the museum has published notice for four (4) consecutive weeks of the Museum's possession of the abandoned property in a newspaper of general circulation in the community in which the lender was last known to reside according to museum records. The notice shall contain the lender's name, the lender's last known address, if any, the date of the loan, the address and telephone number of the appropriate person to be contacted at the Museum for information regarding the property, and a statement that if the lender does not claim the property within (45) days from the date of the last published notice, the property will become the property of the museum.
If no claim has been made to the property within (45) days from the date of the last published notice of the museums possession of abandoned property, title to the property shall vest in the museum free from all claims of the owner and of all persons claiming through or under him or her.
Failure of the lender to withdraw a loan within a reasonable time (six months) after notification will cause the loaned objects(s) to be stored at the lenders risk and expense and without insurance coverage.
When an item (or items) are returned to the owner, a form indicating receipt by the owner must be completed and filed with the Museum Collections Division.
Insurance
Unless objects are covered by a specific insurance policy, the City of Palmer liability for loss or damages will be subject to recovery if loss or damage occurs while in the custody of PMHA and City of Palmer and the loss can be proved to be caused by negligence or wrongful act. On request by Lender, objects will be insured by City of Palmer under an all risk well-to-well fine arts policy subject to standard exclusions. Insurance will be placed in the amount specified by the Lender and curator for an agreed upon value herein, which must reflect fair market value at the time of the loan. The amount of the value must not exceed $5,000 unless approved by the City of Palmer. If the Lender elects to maintain his/her own insurance coverage, PMHA must be supplied with a certificate of insurance naming PMHA and the City of Palmer as additionally insured or waiving rights of subrogation. PMHA and City of Palmer shall not be responsible for any error or deficiency in information furnished to the Lender's insurer for any lapses in coverage. In the case of long-term loans, the Lender is responsible for updating insurance valuations. The amount payable by an insurance policy is the sole recovery available to the Lender in event of loss or damage.
Loans of Museum Collections
The museum may loan items within its collections.
The museum reserves the right to deny any and all requests for loans.
All outgoing loans must follow Collections Operating Procedures.
The museum may not loan items to individuals for private exhibit use, nor may it loan items that are on loan to the Museum from another entity.
Outgoing loans of Museum items must be:
a) For exhibits, educational, conservation or research purposes only.
b) To other not-for-profit museums or educational institutions.
c) Only with certified replacement-value wall-to-wall insurance coverage.
d) For short term needs only, the amount of time to be specified on the form.
e) Only upon joint review by the Acquisitions/Deaccessions Committee.
f) Unless otherwise agreed, all costs of packing, transportation, customs, insurance and other loan-related costs shall be born by the borrower.
g) Objects lent must be returned to the museum in satisfactory condition by the stated termination date.
h) All items leaving the collections must have a written record indicating why they were removed and to where.
i) The museum reserves the right to cancel the loan for good cause at any time, and will make every effort to give reasonable notice thereof.
j) Security at the recipients place must meet comparable standards as those of the lender.
k) The room in which the items are stored and/or exhibited must be secured by lock during closed hours.
l) Acid free material must be used in displaying or storing items.
m) The areas in which the items are displayed or stored must be environmentally monitored.
n) Specific standards and restrictions for each loan item must be followed.
o) The borrower shall bear the costs of any damage to the objects(s) loaned by the Museum.
VOLUNTEERS, INTERNS AND STUDENT ASSISTANTS IN COLLECTIONS AND ARCHIVES
General Criteria for Volunteers, Interns and Students Assistants.
Volunteers are necessary to complete the functions of the collections area, including research, inventory, cataloging, collections management, exhibit preparation, etc.
Volunteers are individuals interested in working in the Museum for no financial benefit. Interns are generally students enrolled in a college or other class for credit. Any interested prospective volunteer or intern is encouraged to discuss the Museum's needs and possible work with the staff member who supervises the area of interest. Student assistants are college students who are paid an hourly wage.
Supervision of Volunteers and Interns
Volunteers, interns and student assistants are recruited, selected, trained, supervised, evaluated and dismissed when necessary by museum staff. Volunteers, interns and student assistants work with staff supervision, particularly in the more sensitive and secured areas of the Museum.
Documentation of Volunteers
A one-page application form is requested of volunteers. The form lists address, phone and skills.
Service Log
Volunteers and interns are asked to keep a record of service on a volunteer time log, which is found at the Museum Aide's desk. Hourly totals are included in annual statistics.
Hours and days of service are negotiated on a case by case between the volunteer and the appropriate staff.
Appendix A
UNESCO Convention of the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (1970).
Convention on the Means of Prohibiting and
Preventing the Illicit Import, Export and Transfer of
Ownership of Cultural Property
The General Conference of the United Nations Educational, Scientific and Cultural Organization, meeting in Paris from 12 October to 14 November 1970, at its sixteenth session,
RECALLING the importance of the provisions contained in the Declaration of the Principles of International Cultural Co-operation, adopted by the General Conference at its fourteenth session,
CONSIDERING that the interchange of cultural property among nations for scientific, cultural and educational purposes increases the knowledge of the civilization of Man, enriches the cultural life of all peoples and inspires mutual respect and appreciation among nations,
CONSIDERING that cultural property constitutes one of the basic elements of civilization and national culture, and that its true value can be appreciated only in relation to the fullest possible information regarding its origin, history and traditional setting,
CONSIDERING that it is incumbent upon every State to protect the cultural property existing within its territory against the dangers of theft, clandestine excavation, and illicit export,
CONSIDERING that, to avert these dangers, it is essential for every State to become increasingly alive to the moral obligations to respect its own cultural heritage and that of all nations,
CONSIDERING that, as cultural institutions, museums, libraries and archives should ensure that their collections are built up in accordance with universally recognized moral principles,
CONSIDERING that the illicit import, export and transfer of ownership of cultural property is an obstacle to that understanding between nations which it is part of Unesco's mission to promote by recommending to interested States, international conventions to this end,
CONSIDERING that the protection of cultural heritage can be effective only if organized both nationally and internationally among States working in close co-operation,
CONSIDERING that the Unesco General Conference adopted a Recommendation to this effect in 1964,
HAVING before it further proposals on the means of prohibiting and preventing the illicit import, export and transfer of ownership of cultural property, a question which is on the agenda for the session as item 19,
HAVING decided, at its fifteenth session, that this question should be made the subject of an international convention,
ADOPT this Convention on the fourteenth day of November 1970.
Article 1
For the purposes of this Convention, the term "cultural property" means property which, on religious or secular grounds, is specifically designated by each State as being of importance for archaeology, prehistory, history, literature, art or science and which belongs to the following categories:
a. Rare collections and specimens of fauna, flora, minerals and anatomy, and objects of palaeontological interest;
b. property relating to history, including the history of science and technology and military and social history, to the life of national leaders, thinkers, scientists and artists and to events of national importance;
c. products of archaeological excavations (including regular and clandestine) or of archaeological discoveries;
d. elements of artistic or historical monuments or archaeological sites which have been dismembered;
e. antiquities more than one hundred years old, such as inscriptions, coins and engraved seals;
f. objects of ethnological interest;
g. property of artistic interest, such as:
i. pictures, paintings and drawings produced entirely by hand on any support and in any material (excluding industrial designs and manufactured articles decorated by hand);
ii. original works of statuary art and sculpture in any material;
iii. original engravings, prints and lithographs;
iv. original artistic assemblages and montages in any material;
rare manuscripts and incunabula, old books, documents and publications of special interest (historical, artistic, scientific, literary, etc.) singly or in collections; postage, revenue and similar stamps, singly or in collections; archives, including sound, photographic and cinematographic archives; articles of furniture more than one hundred years old and old musical instruments.
Article 2
1. The States Parties to this Convention recognize that the illicit import, export and transfer of ownership of cultural property is one of the main causes of the impoverishment of the cultural heritage of the countries of origin of such property and that international co-operation constitutes one of the most efficient means of protecting each country's cultural property against all the dangers resulting there from.
2. To this end, the States Parties undertake to oppose such practices with the means at their disposal, and particularly by removing their causes, putting a stop to current practices, and by helping to make the necessary reparations.
Article 3
The import, export or transfer of ownership of cultural property effected contrary to the provisions adopted under this Convention by the States Parties thereto, shall be illicit.
Article 4
The States Parties to this Convention recognize that for the purpose of the Convention property which belongs to the following categories forms part of the cultural heritage of each State:
a. Cultural property created by the individual or collective genius of nationals of the State concerned, and cultural property of importance to the State concerned created within the territory of that State by foreign nationals or stateless persons resident within such territory;
b. cultural property found within the national territory;
c. cultural property acquired by archaeological, ethnological or natural science missions, with the consent of the competent authorities of the country of origin of such property;
d. cultural property which has been the subject of a freely agreed exchange;
cultural property received as a gift or purchased legally with the consent of the competent authorities of the country of origin of such property.
Article 5
To ensure the protection of their cultural property against illicit import, export and transfer of ownership, the States Parties to this Convention undertake, as appropriate for each country, to set up within their territories one or more national services, where such services do not already exist, for the protection of the cultural heritage, with a qualified staff sufficient in number for the effective carrying out of the following functions:
a. Contributing to the formation of draft laws and regulations designed to secure the protection of the cultural heritage and particularly prevention of the illicit import, export and transfer of ownership of important cultural property;
b. establishing and keeping up to date, on the basis of a national inventory of protected property, a list of important public and private cultural property whose export would constitute an appreciable impoverishment of the national cultural heritage;
c. promoting the development or the establishment of scientific and technical institutions (museums, libraries, archives, laboratories, workshops...) required to ensure the preservation and presentation of cultural property;
d. organizing the supervision of archaeological excavations, ensuring the preservation "in situ" of certain cultural property, and protecting certain areas reserved for future archaeological research;
e. establishing, for the benefit of those concerned (curators, collectors, antique dealers, etc.) rules in conformity with the ethical principles set forth in this convention; and taking steps to ensure the observance of those rules;
f. taking educational measures to stimulate and develop respect for the cultural heritage of all States, and spreading knowledge of the provisions of this Convention;
g. seeing that appropriate publicity is given to the disappearance of any items of cultural property.
Article 6
The States Parties to this Convention undertake:
a. To introduce an appropriate certificate in which the exporting State would specify that the export of the cultural property in question is authorized. The certificate should accompany all items of cultural property exported in accordance with the regulations;
b. to prohibit the exportation of cultural property from their territory unless accompanied by the above-mentioned export certificate;
c. to publicize this prohibition by appropriate means, particularly among persons likely to export or import cultural property.
Article 7
The States Parties to this Convention undertake:
a. To take the necessary measures, consistent with national legislation, to prevent museums and similar institutions within their territories from acquiring cultural property originating in another State Party which has been illegally exported after entry into force of this Convention, in the States concerned. Whenever possible, to inform a State of origin Party to this Convention of an offer of such cultural property illegally removed from that State after the entry into force of this Convention in both States;
b. i. to prohibit the import of cultural property stolen from a museum or a religious or secular public monument or similar institution in another State Party to this Convention after the entry into force of this Convention for the States concerned, provided that such property is documented as appertaining to the inventory of that institution;
ii. at the request of the State Party of origin, to take appropriate steps to recover and return any such cultural property imported after the entry into force of this Convention in both States concerned, provided, however, that the requesting State shall pay just compensation to an innocent purchaser or to a person who has valid title to that property. Requests for recovery and return shall be made through diplomatic offices. The requesting Party shall furnish, at its expense, the documentation and other evidence necessary to establish its claim for recovery and return. The Parties shall impose no customs duties or other charges upon cultural property returned pursuant to this Article. All expenses incident to the return and delivery of the cultural property shall be borne by the requesting Party.
Article 8
The States Parties to this Convention undertake to impose penalties or administrative sanctions on any person responsible for infringing the prohibitions referred to under Articles 6(b) and 7(b) above.
Article 9
Any State Party to this Convention whose cultural patrimony is in jeopardy from pillage of archaeological or ethnological materials may call upon other States Parties who are affected. The States Parties to this Convention undertake, in these circumstances, to participate in a concerted international effort to determine and to carry out the necessary concrete measures, including the control of exports and imports and international commerce in the specific materials concerned. Pending agreement each State concerned shall take provisional measures to the extent feasible to prevent irremediable injury to the cultural heritage of the requesting State.
Article 10
The States Parties to this Convention undertake:
a. To restrict by education, information and vigilance, movement of cultural property illegally removed from any State Party to this Convention and, as appropriate for each country, oblige antique dealers, subject to penal or administrative sanctions, to maintain a register recording the origin of each item of cultural property, names and addresses of the supplier, description and price of each item sold and to inform the purchaser of the cultural property of the export prohibition to which such property may be subject;
b. to endeavor by educational means to create and develop in the public mind a realization of the value of cultural property and the threat to the cultural heritage created by theft, clandestine excavations and illicit exports.
Article 11
The export and transfer of ownership of cultural property under compulsion arising directly or indirectly from the occupation of a country by a foreign power shall be regarded as illicit.
Article 12
The States Parties to this Convention shall respect the cultural heritage within the territories for the international relations of which they are responsible, and shall take all appropriate measures to prohibit and prevent the illicit import, export and transfer of ownership of cultural property in such territories.
Article 13
The States Parties to this Convention also undertake, consistent with the laws of each State:
a. To prevent by all appropriate means transfers of ownership of cultural property likely to promote the illicit import or export of such property;
b. to ensure that their competent services co-operate in facilitating the earliest possible restitution of illicitly exported cultural property to its rightful owner;
c. to admit actions for recovery of lost or stolen items of cultural property brought by or on behalf of the rightful owners;
d. to recognize the indefeasible right of each State Party to this Convention to classify and declare certain cultural property as inalienable which should therefore ipso facto not be exported, and to facilitate recovery of such property by the State concerned in cases where it has been exported.
Article 14
In order to prevent illicit export and to meet the obligations arising from the implementation of this Convention, each State Party to the Convention should, as far as it is able, provide the national services responsible for the protection of its cultural heritage with an adequate budget and, if necessary, should set up a fund for this purpose.
Article 15
Nothing in this Convention shall prevent States Parties thereto from concluding special agreements among themselves or from continuing to implement agreements already concluded regarding the restitution of cultural property removed, whatever the reason, from its territory of origin, before the entry into force of this Convention for the States concerned.
Article 16
The States Parties to this Convention shall in their periodic reports submitted to the General Conference of the United Nations Educational, Scientific and Cultural Organization on dates and in a manner to be determined by it, give information on the legislative and administrative provisions which they have adopted and other action which they have taken for the application of this Convention, together with details of the experience acquired in this field.
Article 17
1. The States Parties to this Convention may call on the technical assistance of the United Nations Educational, Scientific and Cultural Organization, particularly as regards:
a. Information and education;
b. consultation and expert advice;
c. co-ordination and good offices.
2. The United Nations Educational, Scientific and Cultural Organization may, on its own initiative conduct research and publish studies on matters relevant to the illicit movement of cultural property.
3. To this end, the United Nations Educational, Scientific and Cultural Organization may also call on the co-operation of any competent non-governmental organization.
4. The United Nations Educational, Scientific and Cultural Organization may, on its own initiative, make proposals to States Parties to this Convention for its implementation.
5. At the request of at least two States Parties to this Convention which are engaged in a dispute over its implementation, UNESCO may extend its good offices to reach a settlement between them.
Article 18
This Convention is drawn up in English, French, Russian and Spanish, the four texts being equally authoritative.
Article 19
1. This Convention shall be subject to ratification or acceptance by States members of the United Nations Educational, Scientific and Cultural Organization in accordance with their respective constitutional procedures.
2. The instruments of ratification or acceptance shall be deposited with the Director-General of the United Nations Educational, Scientific and Cultural Organization.
Article 20
1. This Convention shall be open to accession by all States not members of the United Nations Educational, Scientific and Cultural Organization which are invited to accede to it by the Executive Board of the Organization.
2. Accession shall be effected by the deposit of an instrument of accession with the Director-General of the United Nations Educational, Scientific and Cultural Organization.
Article 21
This Convention shall enter into force three months after the date of the deposit of the third instrument of ratification, acceptance or accession, but only with respect to those States which have deposited their respective instruments on or before that date. It shall enter into force with respect to any other State three months after the deposit of its instrument of ratification, acceptance or accession.
Article 22
The States Parties to this Convention recognize that the Convention is applicable not only to their metropolitan territories but also to all territories for the international relations of which they are responsible; they undertake to consult, if necessary, the governments or other competent authorities of these territories on or before ratification, acceptance or accession with a view to securing the application of the Convention to those territories, and to notify the Director-General of the United Nations Educational, Scientific and Cultural Organization of the territories to which it is applied, the notification to take effect three months after the date of its receipt.
Article 23
1. Each State Party to this Convention may denounce the Convention on its own behalf or on behalf of any territory for whose international relations it is responsible.
2 The denunciation shall be notified by an instrument in writing, deposited with the Director-General of the United Nations Educational, Scientific and Cultural Organization.
3. The denunciation shall take effect twelve months after the receipt of the instrument of denunciation.
Article 24
The Director-General of the United Nations Educational, Scientific and Cultural Organization shall inform the States members of the Organization, the States not members of the Organization which are referred to in Article 20, as well as the United Nations, of the deposit of all the instruments of ratification, acceptance and accession provided for in Articles 19 and 20, and of the notifications and denunciations provided for in Articles 22 and 23 respectively.
Article 25
1. This Convention may be revised by the General Conference of the United Nations Educational, Scientific and Cultural Organization. Any such revision shall, however, bind only the States which shall become Parties to the revising convention.
2. If the General Conference should adopt a new convention revising this Convention in whole or in part, then, unless the new convention otherwise provides, this Convention shall cease to be open to ratification, acceptance or accession, as from the date on which the new revising convention enters into force.
Article 26
In conformity with Article 102 of the Charter of the United Nations, this Convention shall be registered with the Secretariat of the United Nations at the request of the Director-General of the United Nations Educational, Scientific and Cultural Organization.
Done in Paris this seventeenth day of November 1970, in two authentic copies bearing the signature of the President of the sixteenth session of the General Conference and of the Director-General of the United Nations Educational, Scientific and Cultural Organization, which shall be deposited in the archives of the United Nations Educational, Scientific and Cultural Organization, and certified true copies of which shall be delivered to all the States referred to in Articles 19 and 20 as well as to the United Nations.
The foregoing is the authentic text of the Convention duly adopted by the General Conference of the United Nations Educational, Scientific and Cultural Organization during its sixteenth session, which was held in Paris and declared closed the fourteenth day of November 1970.
IN FAITH WHEREOF we have appended our signatures this seventeenth day of November 1970.
The President of the General Conference
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The Director-General
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