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| Memorandum
of Understanding between the International Criminal
Police Organization (INTERPOL) and the International
Council of Museums (ICOM) on Countering the Theft of
and Trafficking in Cultural Property |
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PREAMBLE
The
International Criminal Police Organization - Interpol
(hereinafter referred to as Interpol) and the International
Council of Museums (hereinafter referred to as ICOM):
Recognizing that the protection of the cultural
heritage must be the subject of international co-operation,
Noting that the looting of cultural property is a
worldwide phenomenon and that it gives rise to a large
amount of illicit trafficking,
Considering that the illicit trafficking in cultural
property constitutes a crime against the world's cultural
heritage,
Considering that Interpol's aims are to ensure
and promote the widest possible mutual assistance between
all criminal police authorities within the limits of the
laws existing in the different countries and in the spirit
of the Universal Declaration of Human Rights, and to establish
and develop all institutions likely to contribute effectively
to the prevention and suppression of ordinary law crimes,
Aware that the ICPO-Interpol plays a fundamental
role in combating the theft of and illicit traffic in
cultural property,
Aware that ICOM also plays a vital role in protecting
cultural property,
Considering that strengthening co-operation at international
level between bodies responsible for protecting and conserving
the cultural heritage, on the one hand, and police authorities
on the other will increase the effectiveness of the fight
against the illicit trafficking in this heritage,
Have agreed on the following:
Article
1 Mutual consultation
Interpol
and ICOM shall consult regularly on matters of common
interest for the purpose of realizing their objectives.
When
appropriate, consultation shall be arranged at the required
level between representatives of ICOM and of Interpol
to agree upon the most effective way in which to organize
particular activities and to optimize the use of their
available resources in compliance with their respective
mandates.
Article 2Exchange of information
Subject
to such arrangements as may be necessary for the safeguarding
of confidential information, Interpol and ICOM shall
ensure full and prompt exchange of information and documents
concerning matters of common interest.
The
two Parties shall communicate to each other any information
they may have concerning modus operandi used
in the illicit traffic of cultural property and statistics
they may have on this form of crime.
Subject
to its internal regulations, Interpol shall consider
authorizing ICOM to consult its information on stolen
works of art.
ICOM
shall communicate to Interpol information it has on
cases of theft of and illicit traffic in cultural property.
The appropriate supporting documents shall be attached
to such information.
In
conformity with its internal regulations, Interpol shall
make the necessary arrangements for the use of information
communicated in application of paragraph 4. In this
respect, ICOM shall authorize Interpol to reproduce
and circulate, for crime prevention purposes, the information
it receives from ICOM.
Article 3Reciprocal representation
Where
appropriate, arrangements shall be made for reciprocal
representation at Interpol and ICOM meetings convened
under their respective auspices and dealing with matters
in which the other party has an interest or technical
competence.
The
Secretary General of ICOM and the Secretary General
of Interpol shall each designate a person to act as
a focal point with a view to ensuring the implementation
of the provisions of the present Memorandum of Understanding.
Article 4Technical co-operation
Each
Party shall, at the request of the other Party, review
projects to be implemented at national, regional and
international level, in order to provide comments and
suggestions which are appropriate to their area of concern.
By
mutual agreement and within the limits of their resources,
the Parties shall work together to set up and implement
programmes, projects and activities, in particular those
linked to combating the theft of, and traffic in, cultural
property.
Within
the limits of their resources, each Party shall take
part in cultural property training activities for staff
involved in combating illicit traffic in cultural property
organized by the other Party and shall work closely
with the other Party so that museum professionals and
police services combating this form of trafficking may
share experience and expertise.
Article 5 Entry into force, modification and duration
The
present Memorandum of Understanding shall enter into
force on the date on which it is signed by the Secretary
General of Interpol and the Secretary General of ICOM,
subject to the approval of the Interpol General Assembly
and the Executive Council of ICOM.
The
present Memorandum of Understanding may be modified
by mutual consent expressed in writing. It may also
be revoked by either party by giving six months' notice
to the other party.
In
witness whereof, the Secretary General of the International
Criminal Police Organization - Interpol and the Secretary
General of the International Council of Museums have signed
the present Memorandum of Understanding in duplicate,
in French and English, both texts being authentic, on
the dates appearing under their respective signatures.For
the ICPO-Interpol:
R.E. Kendall, Q.P.M.
Secretary General For the International Council of Museums:
M.A. Manus Brinkman
Secretary GeneralDate: 11 April 2000
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