Agreement
between
the Government of the People’s Republic of China
and
the Government of the Romania
on
Preventing Theft, Clandestine Excavation and Illicit Import and Export of Cultural Property
The Government of the People’s Republic of China and the Government of the Romania (hereinafter referred to as the Parties)， believing that furthering bilateral cooperation in the field of the protection of cultural property serves as an important means to forging closer bilateral relations and as an effective approach to fulfilling the mission of protecting cultural heritage of mankind,
Recognizing that theft, clandestine excavation and illicit import and export of cultural property have posed serious threats to the cultural heritage of mankind;
Further recognizing that the Parties have laid a good foundation for bilateral cooperation in the field of the prevention of theft, clandestine excavation and illicit import and export of cultural property,
Taking into consideration the provisions of the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (Paris, 1970), including the definition of the term cultural property,
Acknowledging the provisions of the UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects (Rome, 1995),
Have agreed as follows:
Article 1
1. The Parties agree to collaborate in adopting preventive, mandatory and remedial measures to combat unlawful and criminal practices concerning the theft, clandestine excavation and illicit import, export and transfer of cultural property, in accordance with the responsibilities and obligations prescribed in their respective domestic laws and the UNESCO’s Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (1970).
2. Cultural property mentioned in this Agreement and theft, clandestine excavation and illicit import, export and transfer thereof, shall be defined for People’s Republic of China and Romania in accordance with the two countries’ laws and regulations respectively.
3. Divergences with respect to differences between the provisions of the laws of the two countries concerning cultural property and theft, clandestine excavation and illicit import, export and transfer thereof, related to the implementation of this Agreement, will be solved through consultation, by relevant institutions of the Parties.
Article 2
1. For the effective implementation of this Agreement, the Parties shall designate respectively the State Administration of Cultural Heritage of People’s Republic of China and the Ministry of Culture of Romania to be responsible for bilateral cooperation in preventing theft, clandestine excavation and illicit import, export and transfer of cultural property. Such bilateral cooperation shall include the implementation of the UNESCO’s Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (1970).
2. The State Administration of Cultural Heritage of People’s Republic of China and the Ministry of Culture of Romania shall designate specific organizations on their respective sides to be responsible for concrete work for the bilateral cooperation in preventing theft, clandestine excavation and illicit import, export and transfer of cultural property. Specific organizations of the Parties should establish ways of rapid communication with each other.
Article 3
1. For the purposes of this Agreement, the Parties should exchange information in time. The information should include the following aspects:
A. Laws and regulations on the protection of cultural property, especially on preventing theft, clandestine excavation and illicit import, export and transfer of cultural property, as well as relevant policies and measures worked out by administration authorities;
B. Databases of cultural property, including archeological artifacts, prohibited from export;
C. Cultural property export authorization procedures;
D. Information on organizations involved in cultural property protection and preservation;
E. Basic information on finds of underground artifacts and archeological discoveries;
F. Basic procedures for transaction of cultural property;
G. Trends of theft, clandestine excavation and illicit import and export of cultural property.
2. All above-mentioned information should be updated in time.
Article 4
The Parties shall strengthen exchanges and training of personnel in the field of the prevention of theft, clandestine excavation and illicit import, export and transfer of cultural property, in particular, in safety management, administration of import and export of cultural property, the control of cultural goods trade, drafting of related laws, information collection and coordination on international matters concerning cultural property.
Article 5
Relevant institutions of the Parties designated in accordance with Article 2 shall solve, through consultation, problems concerning expenses occurring during the implementation of this Agreement and reasonable compensation for returning cultural property acquired through the theft, clandestine excavation or illicit import and export.
Article 6
1. The Parties should strengthen cooperation in further enhancing awareness of the general public, museums and other cultural organizations about threats brought about by theft, clandestine excavation and illicit import and export of cultural property in the international community, increase cooperation with organizations implementing relevant international convention of UNESCO when coordinating cultural relations with the third country.
2. The Parties should inform each other of their illegal cultural property appearing in the international cultural property market and share information on evaluation, registration, retrieval and return of their lost cultural property when conducting relevant investigations.
Article 7
The Parties should establish a regular consultation mechanism to solve problems arising in the course of the implementation of this Agreement and work out plans for further cooperation.
Article 8
1. This Agreement shall enter into force on the date of the last written notification of the Parties informing that all internal procedures necessary for its entry into force have been completed.
2. The present Agreement shall remain valid for a period of five (5) years and shall be renewed automatically thereafter for further periods of five (5) years, unless either Party notifies in writing its intention to terminate it at least six (6) months prior to the expiration of the initial or extended period of its validity. The termination shall take effect six (6) months after the receipt of such notification.
Signed at Bucharest on 17, Jan 2020 in two originals each in Chinese, Romanian and English languages, all texts being equally authentic. In case of any divergence in interpretation, the English text shall prevail.
On behalf of On behalf of
the Government of the Government of
the People’s Republic of China Romania
Jiang Yu Bogdan Gheorghiu
(Signature) (Signature)