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1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property: Provisions and Mechanisms

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Overview

The 1970 Convention lays out a comprehensive framework for the protection of cultural property, detailing the responsibilities of state parties to prevent illicit trade. It recognizes that three key pillars form the foundation of an effective criminal justice approach to combating the trafficking of cultural property in transit countries: preventive measures (centered on import-export regulations), law enforcement and prosecution (emphasizing legislation, investigations, and prosecutions), and international cooperation in the seizure, confiscation, and recovery of cultural property.

A key provision of the Convention, then, includes the obligation of States Parties to take measures to prevent the illicit trade of cultural property within their borders. This includes the establishment of national inventories, export controls, and the requirement for export certificates for cultural property leaving the country of origin. The Convention also mandates that state parties prohibit the import of cultural property that has been illicitly exported from another state party and take steps to return such property to its rightful owner.

Additionally, the Convention encourages States Parties to develop legal and administrative frameworks that enhance the protection of cultural property and facilitate the recovery and restitution of stolen artifacts. The provisions also emphasize international cooperation and information exchange among states to prevent the illegal trafficking of cultural objects. In doing so, the Convention facilitates the negotiation of bilateral or multilateral agreements between states to address specific concerns related to the protection of cultural heritage. 

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