Memorandum of Understanding between the Government
of the United States of America and the Government of the Republic of El
Salvador Concerning the Imposition of Import Restrictions on Certain Categories
of Archaeological Material from the Prehispanic Cultures of the Republic
The Government of the United
States of America and the Government of the Republic of El Salvador;
pursuant to the 1970 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
to reduce the incentive for pillage of certain categories of irreplaceable
archaeological material representing the prehispanic cultures of El Salvador;
Have reached the following
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 the archaeological material listed in the Appendix
to this Memorandum of Understanding (hereafter "Designated List") unless
the Government of the Republic of El Salvador 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 El Salvador 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.
A. The Government of the
Republic of El Salvador will use its best efforts to permit the exchange
of its archaeological materials under circumstances in which such exchange
does not jeopardize its cultural patrimony.
B. The representatives of
the Government of the United States of America will participate in joint
efforts with representatives of the Government of the Republic of El Salvador
to publicize this Memorandum of Understanding.
C. The Government of the
United States of America will use its best efforts to facilitate technical
assistance in cultural resource management and security to El Salvador,
as appropriate under existing programs in the public and/or private sectors.
D. Both countries 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 El Salvador, 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 El Salvador will use its best efforts to effect, as soon as
possible, final approval and promulgation of its regulations to implement
its 1993 Special Law for the Protection of the Cultural Heritage, especially
those related to the registration and export of cultural property, and
the granting of excavation permits; and will use its best efforts to proceed
expeditiously with the registration of cultural property as required by
F. The Government of the
Republic of El Salvador will continue, and strengthen where possible, its
efforts to educate the public regarding its 1993 Special Law and the importance
of protecting archaeological sites.
G. In order to reestablish
public and scholarly access to the collections in the "David J. Guzman"
National Museum which suffered structural damage during an earthquake,
the Government of the Republic of El Salvador will use its best efforts
to reopen the Museum at the earliest practicable time.
H. The Government of the
Republic of El Salvador will endeavor to strengthen cooperation within
Central America, and especially with immediately neighboring states, for
the protection of the cultural patrimony of the region.
The obligations of both countries
and the activities carried out under this Memorandum of Understanding shall
be subject to the applicable laws and regulations of each country, including
the availability of funds.
A. This Memorandum of Understanding
shall enter into force upon signature. It shall remain in force for a period
not to exceed 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 will be subject to continuing review.
IN WITNESS WHEREOF, the undersigned,
being duly authorized by their respective Governments, have signed the
present Memorandum of Understanding.
DONE at Washington, this
eighth day of March, 1995, in the English and Spanish
languages, both texts being equally authentic.
|FOR THE GOVERNMENT OF
THE UNITED STATES OF AMERICA:
|FOR THE GOVERNMENT
| Site Index | Disclaimer
& Credits | Contact Us | Back
Revised: February 11, 1999