printable banner

U.S. Department of State - Great Seal

U.S. Department of State

Diplomacy in Action

13044 Nicaragua - Agreement Concerning the Imposition of Import Restrictions on Archaelogical Material from the Pre-Hispanic Cultures of Nicaragua


   
Share

TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13044

 

 

CULTURAL PROPERTY

 

 


Agreement Between the
UNITED STATES OF AMERICA
and NICARAGUA

 

Signed at Managua June 16, 1999

and


Extending and Amending Agreement

Effected by Exchange of Notes
Dated at Managua October 6 and 18, 2005

with

Attachment

 


 

NOTE BY THE DEPARTMENT OF STATE

Pursuant to Public Law 89—497, approved July 8, 1966
(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued
under the authority of the Secretary of State shall be competent
evidence . . . of the treaties, international agreements other than
treaties, and proclamations by the President of such treaties and
international agreements other than treaties, as the case may be,
therein contained, in all the courts of law and equity and of maritime
jurisdiction, and in all the tribunals and public offices of the
United States, and of the several States, without any further proof
or authentication thereof.”

 

NICARAGUA

Cultural Property

Agreement signed at Managua June 16, 1999;
Entered into force October 20, 2000.
And extending and amending agreement.
Effected by exchange of notes
Dated at Managua October 6 and 18, 2005;
Entered into force October 18, 2005;
Effective October 20, 2005.
With attachment.

AGREEMENT BETWEEN
THE GOVERNMENT OF THE UNITED STATES OF AMERICA
AND
THE GOVERNMENT OF THE REPUBLIC OF NICARAGUA
CONCERNING
THE IMPOSITION OF IMPORT RESTRICTIONS ON
ARCHAEOLOGICAL MATERIAL FROM
THE PRE-HISPANIC CULTURES OF THE REPUBLIC OF NICARAGUA
The Government of the United States of America and the Government of the Republic of
Nicaragua;
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 pre-Hispanic cultures of Nicaragua;
Have reached the following agreement:
2
ARTICLE I
A. The Government of the United States of America, in accordance with its legislation
entitled the Convention on Cultural Property Implementation Act, will restrict the
importation into the United States of archaeological material identified on a list to be
promulgated by the U.S. Government (hereafter "Designated List"), based on the request
presented by the Nicaraguan Institute of Culture, unless the Government of the Republic
of Nicaragua issues a certification or other documentation which certifies that such
exportation is for an exposition or scientific study, of a temporary nature, and 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 Nicaragua any material on the Designated List forfeited to
the Government of the United States of America.
C. 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.
ARTICLE II
A. The Government of the Republic of Nicaragua will use its best efforts to permit the
exchange of its archaeological materials according to the procedures established by the
National Legislature and under circumstances in which such exchange does not
jeopardize its cultural patrimony.
3
B. Representatives of the Government of the United States of America will participate in
joint efforts with representatives of the Government of the Republic of Nicaragua to
publicize this Agreement.
C. The Government of the United States of America will use its best efforts to facilitate
technical assistance to Nicaragua in cultural resource management and security of
archaeological materials, under existing programs in the public and/or private sectors in
the United States.
D. Both Governments will 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 Nicaragua, and to collaborate in the
preservation and protection of such cultural patrimony through appropriate technical
assistance, training, and resources.
E. The Government of the Republic of Nicaragua will seek to develop professional
training programs for archaeological 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 Nicaragua will
endeavor to strengthen cooperation within Central America, and especially with
neighboring states, for the protection of the cultural patrimony of the region, recognizing
that political boundaries and cultural boundaries do not coincide. The Government of
the Republic of Nicaragua agrees that at the end of three years from the effective date of
this Agreement, it will inform the Government of the United States of America of steps it
has taken toward achieving regional import restriction agreements.
4
ARTICLE III
The obligations of both Governments and the activities carried out under this Agreement
shall be conducted in accordance with the applicable laws and regulations of each
country, including the availability of funds.
ARTICLE IV
A. This Agreement shall enter into force on the date on which the Governments shall
have notified each other by diplomatic note that each has completed all the internal
requirements for its entry into force. It shall remain in force for a period not to exceed
five years, unless extended by mutual agreement.
B. This Agreement may be amended through an exchange of diplomatic notes.
C. The effectiveness of this Agreement shall be subject to continuous review by both
Governments.
D. Either Government may give written notice to the other of its decision to terminate
this Agreement, in which case the Agreement shall terminate six (6) months following the
date of such notice. Such termination shall not adversely affect ongoing programs.
5
IN WITNESS WHEREOF, the undersigned, being duly authorized by their
respective Governments, have signed the present Agreement.
DONE at Managua, in duplicate, this sixteenth day of June, 1999, in the
English and Spanish languages, both texts being equally authentic.
FOR THE GOVERNMENT OF THE FOR THE GOVERNMENT OF THE
UNITED STATES OF AMERICA: REPUBLIC OF NICARAGUA:
No. 191
The Embassy of the United States of America presents its
compliments to the Ministry of Foreign Relations of the
Republic of Nicaragua and refers to the Agreement between the
Government of the United States of America and the Government
of the Republic of Nicaragua concerning the imposition of
import restrictions on archaeological material from the pre-
Hispanic cultures of the Republic of Nicaragua done at Managua
June 16, 1999 (hereinafter referred to as "the Agreement") and
entered into force on October 20, 2000 (date of publication in
the Federal Register, the official United States Government
publication providing fair public notice) upon an exchange of
Diplomatic Notes.
The Embassy, on behalf of the Government of the United States
of America, proposes that, pursuant to Article IV A of the
Agreement, the Agreement be extended for an additional five-
year period.
The Embassy further proposes that, pursuant to Article IV B of
the Agreement, the Agreement be amended by replacing Article
II with the attached Article II.
If the foregoing proposals are acceptable to the Ministry of
Foreign Relations of the Government of the Republic of
Nicaragua, the Embassy proposes that this note, including the
attached Article II, and the Government of the Republic of
Nicaragua's note in reply, shall constitute an agreement to
extend and amend the Agreement, which shall enter into force
on the date of your note in reply and shall be effective
October 20, 2005.
The Embassy of the United States of America avails itself of
this opportunity to renew to the Ministry of Foreign Relations
the assurances of its highest consideration.
Attachment: Article II as stated.
Embassy of the United States of America,
Managua, October 6, 2005.
DIPLOMATIC NOTE
(AGREEMENT BETWEEN
THE GOVERNMENT OF THE UNITED STATES OF AMERICA
AND
THE GOVERNMENT OF THE REPUBLIC OF NICARAGUA
CONCERNING
THE IMPOSITION OF IMPORT RESTRICTIONS ON
ARCHAEOLOGICAL MATERIAL FROM
THE PRE-HISPANIC CULTURES OF THE REPUBLIC OF NICARAGUA)
ARTICLE II
A. The Government of the Republic of Nicaragua will use its best efforts to permit the
exchange of its archaeological materials according to the procedures established by the
National Legislature and under circumstances in which such exchange does not jeopardize
its cultural patrimony.
B. Representatives of the Government of the United States of America will participate in
joint efforts with representatives of the Government of the Republic of Nicaragua to
publicize this Agreement.
C. The Government of the United States of America will use its best efforts to facilitate
technical assistance to Nicaragua in cultural resource management and security of
archaeological materials, under existing programs in the public and/or private sectors in
the United States.
D. Both Governments will 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 Nicaragua, and to collaborate in the
preservation and protection of such cultural patrimony through appropriate technical
assistance, training, snd resources.
E. The Government of the Republic of Nicaragua will seek to develop professionsl
training programs for archaeological and museum staff and public institution
administrators responsible for cultural patrimony, and the Government of the United
States of America shall provide information on request regarding sources of assistance and
expertise available through existing programs.
F. While enforcing the existing laws, the Nicaraguan authorities shall endeavor to
undertake a comprehensive review of the laws governing the discovery, use, transfer, and
protection of archaeological resources and materials, and clarify and strengthen them
where necesssry. As a priority measure, the Government of Nicaragua shall review,
revise, and institute sentencing guidelines and penalties, to ensure that crimes against the
cultural heritage are investigated, prosecuted, and adjudicated consistently and
predictably.
G. Both Governments agree that, in order for United States import restrictions to be fully
successful in thwarting pillage, the Government of the Republic of Nicaragua will intensify
its efforts to prevent the illegal sale and export of archaeological objects, especially at
ports of transit and shipment; and endeavor to strengthen cooperation within Central
America, and especially with neighboring states, for the protection of the cultural
patrimony of the region.
2
H. The Government of the Republic of Nicaragua agrees that it will inform the
Government of the United States of America annually of steps it has taken toward meeting
the terms of this Agreement.
3



Back to Top
Sign-in

Do you already have an account on one of these sites? Click the logo to sign in and create your own customized State Department page. Want to learn more? Check out our FAQ!

OpenID is a service that allows you to sign in to many different websites using a single identity. Find out more about OpenID and how to get an OpenID-enabled account.