MEMORANDUM OF UNDERSTANDING
BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND
THE GOVERNMENT OF THE REPUBLIC OF CYPRUS CONCERNING THE IMPOSITION OF
IMPORT RESTRICTIONS ON
PRE-CLASSICAL AND CLASSICAL ARCHAEOLOGICAL OBJECTS
The Government of the United States of America and the Government of the
Republic of Cyprus;
Acting pursuant to the 1970 UNESCO Convention on the Means of Prohibiting
and Preventing the Illicit Import, Export and Transfer of Ownership of
Cultural Property, to which both countries are States Party; and
Desiring to reduce the incentive for pillage of irreplaceable archaeological
objects and materials representing the Pre-classical and Classical periods
of Cypriot history,
Have agreed as follows:
ARTICLE I
A. The Government of the United States of America, in accordance with
its legislation entitled the Convention on Cultural Property Implementation
Act ("the Act"), will restrict the importation into the United
States of certain categories of Pre-classical and Classical archaeological
objects to be listed on a Designated List as provided by the Act, unless
the Government of the Republic of Cyprus issues a certification or other
documentation which certifies that such exportation was not in violation
of its laws.
B. Such import restrictions will become effective on the date the Designated
List is published in the U.S. Federal Register,
the official United States Government publication providing fair public
notice.
C. The Government of the United States of America shall offer for return
to the Government of the Republic of Cyprus any object of the type described
on the Designated List forfeited to the Government of the United States
of America.
ARTICLE II
A. Representatives of the Government of the United States of America
and representatives of the Government of the Republic of Cyprus will take
appropriate steps to publicize this Memorandum of Understanding.
B. Both Governments agree that, in order for United States import restrictions
to be fully successful in deterring pillage, the Government of the Republic
of Cyprus will seek similar cooperation from countries with significant
import trade in Cypriot archaeological artifacts and will strengthen enforcement
of its own cultural heritage protection laws.
C. The Government of the Republic of Cyprus will systematically continue
to conduct the inventory of cultural resources in museums, ecclesiastical
buildings, private collections and archaeological sites. Every effort
should be made to engage all Cypriots in this effort.
D. The Government of the Republic of Cyprus will make every effort to
discourage pillage of cultural resources, and the unauthorized export
of such material, through public education programs, including posting
appropriate signage at airports, hotels, museums, and other public areas
that draw attention to this Memorandum of Understanding and to the cultural
heritage protection laws of Cyprus, and introducing initiatives in support
of the importance of protecting and preserving the cultural heritage into
schools and to the general public.
E. The Government of the Republic of Cyprus will use its best efforts
to develop a prioritized management plan for the effective protection
of its cultural resources, giving increased attention to sustainable archaeological
tourism as an economic resource.
F. The Government of the Republic of Cyprus will use its best efforts
to allocate sufficient resources for site conservation, museum development,
and the adequate conduct of salvage archaeology where there is proposed
land development; and to ensure that such development, which can give
rise to pillage, is fully monitored by the Department of Antiquities.
G. The Government of the Republic of Cyprus will continue to permit the
exchange of its archaeological objects under circumstances in which such
exchange does not jeopardize its cultural heritage, such as temporary
loans for exhibitions, and for other cultural, educational, and scientific
purposes.
H. The Government of the United States of America will use its best efforts
to facilitate assistance to Cyprus in cultural resource management strategies
and training, as appropriate under existing programs in the public and/or
private sectors.
I. Both parties to this Memorandum of Understanding will use their best
efforts to support bi-communal activity regarding cultural preservation
on the island and, to the extent possible, make all Cypriots aware of
this Memorandum of Understanding.
ARTICLE III
The obligations of both Governments and the activities carried
out under this Memorandum of Understanding shall be subject to the laws
and regulations of each Government, as applicable, including the availability
of funds.
ARTICLE IV
A. This Memorandum of Understanding shall enter into force upon signature.
It shall remain in force for a period of five years, unless extended.
B. This Memorandum of Understanding may be amended through an exchange
of diplomatic notes.
C. The effectiveness of this Memorandum of Understanding will be subject
to review in order to determine, before the expiration of the five-year
period of this Memorandum of Understanding, whether it should be extended
. The review will encompass the articles in this Memorandum of Understanding
and the four determinations required under the Convention on Cultural
Property Implementation Act (19 USC 2602(a)).
IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective
Governments, have signed the present Memorandum of Understanding.
DONE at Washington, this day 16 of July, 2002 in the English language.
|
FOR THE GOVERNMENT OF
THE UNITED STATES OF AMERICA:
[Ambassador B. Lynn Pascoe,
Deputy Assistant Secretary of State for European and Eurasian Affairs]
|
FOR THE GOVERNMENT
OF THE
REPUBLIC OF CYPRUS:
[Ambassador Erato Kozakou-Marcoullis]
|
Appendix
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