The decision on the Regulations on procedure for return is illegal the exported and imported cultural values

of October 9, 1997

For the purpose of implementation of agreements "About return of cultural and historical values to the states of their origin" of February 14, 1992 and "About cooperation of Customs Services on questions for and return illegally the exported and imported cultural values" of April 15, 1994 heads of governments of the State Parties of the Commonwealth of Independent States

solved:

1. Approve Regulations on procedure for return illegally of the exported and imported cultural values it (is applied).

2. This Decision becomes effective from the date of delivery on storage to depositary of the third notification on accomplishment by the states which signed this Decision, the interstate procedures necessary for its entry into force.

3. This Decision is effective within five years after entry into force and will be prolonged automatically for the next five-year periods. Each state can leave this Decision, having notified in writing not later than 6 months depositary of this Decision.

This Decision is open for accession of any state in case of the consent of the states which signed it.

It is made in the city of Bishkek on October 9, 1997 in one authentic copy in Russian. The authentic copy is stored in the Executive Secretariat of the Commonwealth of Independent States which will send to each state which signed this Decision, its verified copy.

Approved by the Solution of heads of governments of the State Parties of the Commonwealth on the Regulations on procedure for return illegally of the exported and imported cultural values of October 9, 1997

The regulations on procedure for return are illegal the exported and imported cultural values

This Provision is developed based on the Agreement on cooperation of Customs Services concerning detention and return illegally of the exported and imported cultural values of April 15, 1994, in pursuance of the Agreement on return of cultural and historical values to the states of their origin of February 14, 1992 and according to the Convention of UNESCO on the measures directed to prohibition and the prevention of illegal import, export and transfer of property to cultural values of November 14, 1970.

The purpose of this provision is establishment of procedure for return illegally of the exported and imported cultural values to the gosudarstvamuchastnik of the Commonwealth of Independent States who signed the Decision on the Regulations on procedure for return is illegal the exported and imported cultural values of October 9, 1997.

1. In this Provision of concept are used in the following values:

"Parties" - the State Parties on behalf of the governments which signed the Decision on the Regulations on procedure for return it is illegal the exported and imported cultural values of October 9, 1997;

"Customs Services" - the central customs authorities of the Parties;

"authorized state bodies" - the state bodies of the Parties authorized according to the national legal system to exercise state regulation and control of export, import and return of cultural values;

"state of export" - The party from which territory cultural values were originally illegally exported;

"transit State" - The party through which territory cultural values are moved from the state of export to other states;

"state of import" - The party on which territory cultural values are illegally imported;

"cultural values" - values of religious or secular nature which are considered by the Parties as representing value for archeology, the prehistoric period, history, literature, art and science and which belong to the categories listed in the Appendix to this Provision which is its integral part;

"illicit movement of cultural values" - the export, transit and import of cultural values made in defiance of the national legal system of the Parties regulating movement of cultural values;

"return of cultural values" - the actual transfer of export to the state by the state of import of the cultural values detained in connection with their illicit movement;

"detention of cultural values" - withdrawal of cultural values in connection with violation of procedure for their movement on the bases provided by the national legal system of the Parties;

"the detained cultural values" - the detainees withdrawn, confiscated or the cultural values turned into property of the state in connection with making of the offenses encroaching on established procedure of customs regulation according to the national legal system of the Parties.

2. In case of identification of the fact of illicit movement of cultural values the Customs Service of the transit State or the state of import according to the legislation existing on its customs area takes measures to establishment of the state of export of these values and in week time informs Customs Service of the state of export on detention of cultural values.

3. The Customs Service of the state of export after receipt of the message on detention of cultural values informs on this fact authorized state body for the purpose of establishment and confirmation of the property right of the state of export by it on these values and initiation of the procedure of their return.

4. The authorized state body of the state of export accepts provided by the national legal system and international treaties of measure to recovery of legitimate rights of owners of cultural values.

The requirement about return of cultural values and the documents confirming the property right to them go to the state of import through diplomatic channels.

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