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Memorandum of Understanding Between the Government of the United States of America and the Government of the Republic of Bolivia Concerning the Imposition of Import Restrictions on Archaeological Material from the Precolumbian Cultures and Certain Ethnological Material from the Colonial and Republican Periods of Bolivia

The Government of the United States of America and the Government of the Republic
of Bolivia;

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 certain categories of irreplaceable archaeological material representing the Precolumbian cultures of Bolivia and certain ethnological material from the Colonial and Republican periods of Bolivia;

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, shall restrict the importation into the United States of certain categories of Precolumbian material from the Archaic Period through the end of the Inka Empire, and certain categories of ethnological material from the Colonial Period through the end of the Republican Period, identified on a list to be promulgated by the United States Government (hereinafter known as the "Designated List"), unless the Government of the Republic of Bolivia issues a certification or other documentation which certifies that such exportation was not in violation of its laws.

B. The Government of the United States of America shall offer for return to the Government of the Republic of Bolivia any material on the Designated List forfeited to the Government of the United States of America.

C. Such import restrictions shall 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.

ARTICLE II

A. The representatives of the Government of the United States of America shall participate in joint efforts with representatives of the Government of the Republic of Bolivia to publicize this Memorandum of Understanding and the reasons for it.

B. The Government of the United States of America shall use its best efforts to facilitate technical assistance in cultural resource management and security to Bolivia, as appropriate under existing programs in the public and/or private sectors.

C. Both Governments shall seek to encourage academic institutions, non-governmental institutions and other private organizations to cooperate in the interchange of knowledge and information about the cultural patrimony of Bolivia, and to collaborate in the preservation and protection of such cultural patrimony through appropriate technical assistance, training and resources.

D. The Government of the Republic of Bolivia shall use its best efforts to permit the exchange of its archaeological and ethnological materials under circumstances in which such exchange does not jeopardize its cultural patrimony, such as temporary loans for exhibition purposes and study abroad, and to expedite procedures for the export of samples for scientific research.

E. The Government of the Republic of Bolivia shall seek to develop professional training programs for archaeologists, ethnologists, and museum staff and public institution administrators responsible for cultural patrimony.

F. Both Governments agree that, in order for United States import restrictions to be fully successful in thwarting pillage, the Government of the Republic of Bolivia shall endeavor to strengthen cooperation within the Andean Region for the protection of the cultural patrimony of the region, recognizing that political boundaries and cultural boundaries do not coincide; and shall seek the cooperation of other art-importing countries.

G. The Government of the Republic of Bolivia shall use its best efforts to develop a prioritized management plan for the effective protection of its cultural resources and to continue progress with all due diligence to implement its National Registry of Cultural Property.

H. The Government of the Republic of Bolivia shall use its best efforts to carry out the legal reforms necessary to improve further the protection of its archaeological and ethnological cultural patrimony.

I. The Government of the Republic of Bolivia shall use its best efforts, through education and implementation and enforcement of its laws, to improve protection of its Colonial and Republican ethnological patrimony as well as its archaeological patrimony.

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 shall 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 .


IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed the present Memorandum of Understanding.


DONE at Washington, in duplicate, this fourth day of December 2001, in the English and Spanish languages, both texts being equally authentic.

 

 

FOR THE GOVERNMENT OF
THE UNITED STATES OF AMERICA

[Charlotte L. Beers, Under Secretary of State for Public Diplomacy and Public Affairs]

FOR THE GOVERNMENT OF THE REPUBLIC OF BOLIVIA


[Gustavo Fernández Saavedra, Foreign Minister]

 

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