Zagadnienia walki z nielegalnym eksportem i importem dóbr kultury na forum UNESCO

The author reports on a Session of the Government Experts Committee which was held on April 13—24, 1970 in Paris to work out a draft of convention on means of prohibiting and preventing the illic it import, export and transfer of ownership of cultural property. At the Committee’s sessions representatives of 60 countries were present, among them those of Poland. 109 amendments have been submitted to the draft which finally was adopted by 45 votes against 2 abstentions. The draft has to be submitted to the UNESCO General Meeting to be voted once again at its XVI Annual Session this autumn. The above draft generally lists the categories to which cultural properties may be classified, however, it leaves to member countries the question of decisions a s to detailed classification o f cultural property in accordance with the local laws in force. The draft suggests that the individual countries ought call into being their own organizations fo deal with preservation of cultural property (where they have still not been created) at the same time recommending to provide such organizations with the suitable financial means enabling them to fu lfill the tasks put before them. It also proposes an introducing of universally respected export certificates without of which no cultural property could be exported or imported by the country interested. The draft puts on the member countries an obligation to issue the acts that w ill prohibit their museums and similar cultural institutions to purchase cultural properties coming from thefts in museums or other state owned buildings as well as to provide the sanctions for violating this prohibitory measure. It has been clearly stated in the draft that any exports of cultural property as a direct or intermediate result of occupation of the country’s territory by a foreign power should be considered untolerable. The draft provides the participation o f UNESCO in accomplishing o f tasks set by convention and in particular of those in the field o f education and information, consultations and expert examinations, as well as in coo rd in a tion and „goodwill se rv ic e s”. Though too much general and in some respects not precise enough a s to its character, which the faults may potentially lead to difficulties to apply the convention in practice, the draft as compared with the 1954 recommendations represents an important step towards the improvement of international relations in the field of imports and exports of cultural property.