CULTURAL PROPERTY - Promoting Mutual Understanding · exportation of cultural property at borders...
Transcript of CULTURAL PROPERTY - Promoting Mutual Understanding · exportation of cultural property at borders...
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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 09-114
CULTURAL PROPERTY
Memorandum of Understanding
Between the
UNITED STATES OF AMERICA
and CHINA
Signed at Washington January 14 2009
NOTE BY THE DEPARTMENT OF STATE
Pursuant to Public Law 89mdash497 approved July 8 1966 (80 Stat 271 1 USC 113)mdash
ldquo 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 thereofrdquo
CHINA
Cultural Property
Memorandum of understanding signed at Washington January 14 2009
Entered into force January 14 2009
MEMORANDllM OF UNDERSTANDING
BETWEEN
THE GOVERNMENT OF THE UNITED STATES OF AMERICA
AND
THE GOVERNMENT OF THE PEOPLES REPUBLIC OF CHINA
CONCERNING
THE IMPOSITION OF IMPORT RESTRICTIONS
ON CATEGORIES OF ARCHAEOLOGICAL MATERIAL FROM
THE PALEOLITHIC PERIOD THROUGH THE TANG DYNASTY
AND MONUMENTAL SCULPTURE AND WALL ART
AT LEAST 250 YEARS OLD
The Government of the United States of America and the Government of tht
Peoples Republic of China
Acting pursuant to the 1970 UNESCO Convention on the Means of
Prohibiting and Prtventing the Illicit Import Export and Transter of
Ownership of Cultural Property to which both countries are States Party and
Desiring to reduce the inctntivt for pillage of irreplactablc
archaeological material representing the rich cultural heritage of China
Have agreed as follows
ARTICLE I
I The Government of the United States of America in accordance with its
legislation entitled the Convention on Cultural Property Implementation Act shall
restrict the importation into the United States of archaeological material originating in
China and representing Chinas cultural heritage from the Paleolithic Period through
the end of the Tang Dynasty (AD 907) and of monumental sculpture and wall art at
least 250 years old including categories of metal ceramic stone textiles other
organic material glass and painting identified on a list to be promulgated by the
United States Government (hereinafter known as the Designated List) unless the
Government of the Peoples Republic of China issues a license or other documentation
which certifies that such exportation was not in violation of its laws For the purposes
of this Memorandum of Understanding the restricted Paleolithic objects date from
approximately 75000 BC
2 The Government of the United States of America shall offer for return to the
Government of the Peoples Republic of China any material on the Designated List
forfeited to the Government of the United States of America
3 Such import restrictions shall become effective on the date the Designated List
is published by the Department of Homeland Security in the US Federal Register the
official United States Government publication providing fair public notice
ARTICLE II
1 Representatives of the Government of the United States of America and
representatives of the Government of the Peoples Republic of China shall regularly
publicize this Memorandum of Understanding and the reasons for it through available
outlets of communication
- 2 shy
2 The Government of the Peoples Republic of China shall expand efforts to
educate its citizens about the long term importance of safeguarding its rich cultural
heritage and that of other countries a principle embodied in the 1970 UNESCO
Convention
3 The Government of the Peoples Republic of China shall use its best efforts to
make use of surface surveys in order to inventory sites and to broaden archaeological
research and enhance public awareness of its importance
4 The Government of the Peoples Republic of China shall use its best efforts to
increase funding and professional resources for the protection of cultural heritage
throughout the country
5 The Government of the Peoples Republic of China shall take measures to
improve the effectiveness of its customs officers in order to (I) stop the illicit
exportation of cultural property at borders and ports and (2) recognize Chinese
archaeological material and its value to the heritage The Government of the United
States of America shall use its best efforts to improve the ability of its customs ot1icers
to recognize Chinese archaeological material and as appropriate facilitate assistance
to China for the training of its customs oniccrs
6 The Government of the Peoples Republic of China shall make every effort to
stop archaeological material looted or stolen from the Mainland from entering the
Hong Kong Special Administrative Region and the Macao Special Administrative
Region with the goal of eliminating the illicit trade in these regions
7 The Government of the United States of America recognizes that the
Government of the Peoples Republic of China permits the international interchange of
archaeological materials for cultural educational and scientific purposes to enable
widespread public appreciation of and legal access to Chinas rich cultural heritage
- 3 shy
The Government of the Peoples Republic of China agrees to use its best dforts to
further such interchange in the following ways
(l) promote long-term loans of archa1ological obje1ts of significant
interest to a broad cross-section of American museums for publi1 1xhibition
education and research purposes
(2) promote increased institution-lo-institution collaboration in the fidd or
art history and in other humanistic and academic disciplines relating to the
archaeological heritage of China
(3) promote the exchange of students and professionals in such fields as
archaeology art history conservation museum curatorial practices and
cultural heritage management between appropriate Chinese and US
institutions and
(4) facilitate the granting of permits to conduct ar1haeologi1al research in
China
8 The Government of the United States of America shall use its best efforts to
facilitate technical assistance to the Government of the Peoples Republic of China in
pursuit of preserving its cultural heritage by such means as creating a national
preservation strategy improving rescue archaeology stabilizing and restoring
sitesbuildings enhancing the capacity of museums to preserve and exhibit collections
and strengthening regulation of the cultural relics market
9 The Government of the Peoples Republic of China shall continue to license
the sale and export of certain antiquities as provided by law and will explore ways to
make more of these objects available licitly
10 Recognizing that pursuant to this Memorandum of Understanding museums
in the United States will be restricted from acquiring 1ertain archaeological objects
the Government of the Peoples Republic of China agrees that its museums will
similarly refrain from acquiring such restricted archaeological objects that arc looted
-4shy
and illegally exported from Mainland China to destinations abroad unless the seller or
donor provides evidence of legal export from Mainland China or verifiable
documentation that the item left Mainland China prior to the imposition of US import
restrictions This will apply to purchases made outside Mainland China by any
museum in Mainland China and only to the categories of objects representing Chinas
cultural heritage from the Paleolithic Period through the end of the Tang Dynasty
(AD 907) and monumental sculpture and wall art at least 250 years old as covered
by this Memorandum of Understanding
11 The Government of the Peoples Republic of China shall seek to improve
regulation of its internal market for antiquities
12 Both Governments agree that in order for United States import restrictions to
be most successful in thwarting pillage the Government of the Peoples Republic of
China shall endeavor to strengthen regional cooperation within Asia for the protection
of cultural patrimony and in the effort to deter further pillage in China shall seek
increased cooperation from other importing nations to restrict the import of looted
archaeological material originating in China
13 To strengthen the cooperation between the two countries the Government of
the Peoples Republic of China shall regularly provide the Government of the United
States with information concerning the implementation of this Memorandum of
Understanding and as appropriate the Government of the United States shall provide
information to the Government of the Peoples Republic of China that strengthens the
ability of both countries to enforce applicable laws and regulations to reduce illicit
trafficking in cultural property
- 5 shy
ARTICLE III
The obligations of both Governments and the activities carried out under this
Memorandum of Understanding shall be subject to the laws and regulations of each
country as applicable including the availability of funds
ARTICLE IV
I This Memorandum of Understanding shall enter into force upon signature It
shall remain in force for a period of five years
2 This Memorandum of Understanding may be amended or extended upon
written agreement of the two Governments
3 The effectiveness of this Memorandum of Understanding shall be subject to
review in order to determine before the expiration of the five year period of this
Memorandum of Understanding whether it should be extended
IN WITNESS WHEREOF the undersigned being duly authorized by their
respective Governments have signed the present Memorandum of Understanding
DONE at Washington in duplicate this~ day of~ 2009 in the English
and Chinese languages both texts being equally authentic
FOR THE GOVERNMENT OF FOR THE GOVERNMENT OF
THE UNITED STATES OF AMERICA THE PEOPLES REPUBLIC
OF CHINA
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________________________________________________________________________
TREATIES AND OTHER INTERNATIONAL ACTS SERIES 14-108
CULTURAL PROPERTY
Agreement Between the
UNITED STATES OF AMERICA
and CHINA
Amending and Extending
Memorandum of Understanding of
January 14 2009
Effected by Exchange of Notes at
Beijing January 6 and 8 2014
NOTE BY THE DEPARTMENT OF STATE
Pursuant to Public Law 89mdash497 approved July 8 1966 (80 Stat 271 1 USC 113)mdash
ldquo 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 thereofrdquo
CHINA
Cultural Property
Agreement amending and extending memorandum of understanding of January 14 2009
Effected by exchange of notes at Beijing January 6 and 8 2014
Entered into force January 8 2014 With effect from January 14 2014
No 0008
The Embassy ofthe United States ofAmerica presents its compliments to the State
Administration for Cultural Heritage of the Peoples Republic ofChinaand has the honor to
refer to the Memorandum ofUnderstanding Concerning the Imposition of Import Restrictions on
Categories ofArchaeological Material from the Paleolithic Period Through the Tang Dynasty
and Monumental Sculpture and Wall Art at least 250 Years Old signed at Washington January
14 2009 hereinafter referred to as the MOU)
The Embassy on behalfof the Government ofthe United States ofAmerica has the
honor to propose that pursuant to Article IV1 and 2 of the MOU the MOU be extended for an
additional five-year period
The Embassy has the further honor to propose that pursuant to Article IV 2 ofthe MOU
the MOU be amended by replacing Article II with the attached revised Article II The Embassy
also has the honor to propose an amendment to Article I ofthe MOU The proposed amendment
to Article I is attached
Ifthe foregoing proposals are acceptable to the State Administration the Embassy
proposes that this note including the attached revised Article I and Article II and the State
Administrations note in reply shall constitute an agreement to extend and amend the MOU
which shall enter into force on the date of the State Administrations note in reply and shall take
effect on January 14 2014
The Embassy of the United States of America takes this opportunity to renew to the State
Administration for Cultural Heritage of the Peoples Republic of China the assurances of its
highest consideration
DIPLOMATIC NOTE
Attachments
As stated
Embassy of the United States ofAmerica
Beijing January 06 2014
Amendment to Article I ot tile Memorudum of Understanding (2009)
Current Article I 1 The Government ofthe United States ofAmerica in accordance with its legislation entitled the Convention on Cultural Property Implementation Act shaU restrict the importation into the United States of archaeological material originating in China and representing Chinas cultural heritage from the Paleolithic Period through the end of the Tang Dynasty (AD 907) and ofmonumental sculpture and wall art at least 250 years old including categories of metal ceramic stone textiles other organic material glass and painting identified on a list to be promulgated by the United States Government (hereinafter known as the ~Designated List) unless the Government of the Peoples Republic of China issues a license or other documentation which certifies that such exportation was not in violation of its laws For the purposes of this Memorandum of Understanding the restricted Paleolithic objects date from approximately 75000 BC
Insert as ofJanuary 14 2009 the date this MOU entered into force
Amended Article I 1 The Government of the United States of America in accordance with its legislation entitled the Convention on Cultural Property Implementation Act shall restrict the importation into the United States of archaeological material originating in China and representing Chinas cultural heritage from the Paleolithic Period through the end of the Tang Dynasty (AD 907) and of monumental sculpture and wall art at least 250 years old as of January 14 2009 the date this MOU entered into force including categories of metal ceramic stone textiles other organic material glass and painting identified on a list to be promulgated by the United States Government (hereinafter known as the Designated List) unless the Government of the Peoples Republic of China issues a license or other documentation which certifies that such exportation was not in violation of its laws For the purposes of this Memorandum of Understanding the restricted Paleolithic objects date from approximately 75000 BC
United States ofAmerica - Peoples Republic of China Memorandum of Understanding Extension 2014
Revised Article n
PubJic Awareness I Outreach
1 Representatives ofthe Government ofthe People~s Republic ofChina and representatives ofthe Government ofthe United States ofAmerica shall regularly publicize this Memorandum of Understanding and the reasons for it through available outlets ofcommunication
2 The Government ofthe Peoples Republic ofChina and the Government of the United States ofAmerica shall continue to raise public awareness about the long-term importance ofprotecting cultural heritage ftom looting and destruction in the spirit of UNESCO 1970 Convention
Protection I Conservation
3 The Government ofthe Peoples Republic ofChina shall continue its best efforts to inventory collections ofmoveable cuJfural objects to make use ofsurface surveys in order to inventory archaeological sites and t-0 increase research-based archaeology and enhance public awareness ofits importance
4 The Government ofthe Peoples Republic ofChina shall use its best efforts to train and deploy professional security guards and expand the use ofsecurity technology with the aim ofreducing piUage ofcultural property throughout the country especially in remote and high risk areas and shall enhance awareness among government officials and employees ofChinese archeological material and its value to Chinas heritage
5 The Government ofthe Peoples Republic ofChina shall use its best efforts to promote education in museum studies archaeology and cultural resource management Both nations will seek to support these efforts through available existing programs and other means ofcooperation
6 The Government of the United States ofAmerica shall use its best efforts to facilitate technical assistance to the Government ofthe Peoples Republic ofChina with the aim ofpreserving its cultural heritage by such means as improving cultural resource management stabilizing and restoring monuments and sites enhancing capacity for risk prevention in heritage sites and museums and enhancing the capacity of museums to preserve and exhibit collections of its ancient heritage
Collaboration I Interchange
7 The Government ofthe United States ofAmerica recognizes that the Government of the Peoples Republic ofChina permits the international interchange of archaeological materials for cultural educational and scientific purposes to enable widespread public appreciation ofand legal access to Chinas rich cultural heritage The Government ofthe Peoptebulls Republic ofChina agrees to use its best efforts to
further such interchange by
(1) continuing to encourage museum Joans ofarchaeological material including recently excavated objects for research and public display purposes
(2) encouraging Chinese museums to carry out joint efforts with American counterparts including but not limited to finalizing in a timely manner relevant contracts and lists ofobjects loaned and minimizing the logistical difficulties accompanying the exhibition
(3) facilitating the approval ofloan exhibitions to the United States ofAmerica allowing objects in an exhibition to remain outside China for up to two years increasing the number ofGrade l objects allowed in an exhibition and considering longer-term loans ofup to five years ofa limited number ofobjects
(4) facilitating the granting ofpermits to conduct archaeological research in China by streamlining and further clarifying the application process
8 With respect to Chinese cultural objects that meet the following four conditions a) legally exported as part ofa private collection ofChinese heirlooms b) legally transferred among owners c) purchased and imported by residents ofChina and d) declared upon import to China and registered with the relevant authorities the Government ofthe Peoples Republic ofChina shall seek legislative action that permits their re-export
Law Enforcement
9 The Government ofthe Peoples Republic ofChina shall continue measures to improve the effectiveness of its customs officers to stop the illicit exportation of cultural property at borders and ports The Government ofthe United States of America shall increase its efforts to improve the ability of its customs officers to recognize Chinese archaeological material and as appropriate facilitate assistance to China for the training of its customs officers
l 0 The Central Government ofthe Peoples Republic ofChina shall increase joint efforts with the Hong Kong Special Administrative Region and the Macao Special Administrative Region to stop archaeological material looted or stolen from the Chinese mainland from being trafficked into and out ofthese regions
11 The Government of the Peoples Republic ofChina shall seek to further implement regulation of its internal market for antiquities with the aim ofreducing unauthorized transactions
12 Both Governments agree that in order for United States import restrictions to be most successful in thwarting pillage the Government ofthe Peoples Republic of China shall endeavor to strengthen regional cooperation within Asia for the protection of cultural heritage and in the effort to deter further pillage in China shall seek increased cooperation from other importing nations to restrict the import oflootcd archaeological material originating in China
Information Sharing
13To strengthen the cooperation between the two countries
1) the Government ofPeoples Republic ofChina shall provide annually to the Government ofthe United States ofAmerica infonnation and statistics about crimes oftheft clandestine excavation trafficking (illicittrade and smuggling) and abuse of official power an~ as it becomes available information about prosecutions and convictions pertinent to the MOU
2) as itbecomes available and appropriate~ the Government ofthe United States of America shall share information with the Government ofPeoples Republic ofChina regarding trafficking (illicit trade and smuggling) ofChinese cultural property in order to strengthen the ability of both countries to enforce applicable laws and regulations to reduce this trafficking
cp ~A~J~fa~~ A1MJ State Administration of Cultural Heritage
Peoples Republic of China
Informal translation SACH-2014-001
Note verbale
The State Administration of Cultural Heritage of the Peoples Republic of China
presents its compliments to the Embassy of the United States of America and has the
honor to inform your Embassy that your Diplomatic Note No0008 dated January 6
2014 has been received
On Behalf of the Government of the Peoples Republic of China SACH accepts your
Embassys proposal renewing for five more years the validity of the Memorandum of
Understanding Between the Government of the United States of America and the
Government of the Peoples Republic of China Concerning The Imposition of Import
Restrictions on Categories of Archeological Materials From the Paleolithic Period
Through the Tang Dynasty and Monumental Sculpture and Wall Art At Least 250
Years Old and replacing Article 1 and 2 in the original text with the revised version
attached in the Appendix (please see the Chinese text in the Appendix)
SACH also has the honor to accept your Embassys proposal to develop an
agreement on validity renewal and text revision of the MOU based on the note
correspondences between us The new agreement shall come into force on January
14 2014 and be put into implementation on the date of reply by SACH
SACH avails itself of this opportunity to renew to the Embassy of the United States
the assurances of its highest consideration
January 8 2014
Encl As mentioned above
CC Ministry of Foreign Affairs of the Peoples Republic of China
tp rfA~-J2fa ~ ~~A~JEO
State Administration ofCultural Heritage Peoples Republic of China
SACH-2014-001
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NOTE BY THE DEPARTMENT OF STATE
Pursuant to Public Law 89mdash497 approved July 8 1966 (80 Stat 271 1 USC 113)mdash
ldquo 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 thereofrdquo
CHINA
Cultural Property
Memorandum of understanding signed at Washington January 14 2009
Entered into force January 14 2009
MEMORANDllM OF UNDERSTANDING
BETWEEN
THE GOVERNMENT OF THE UNITED STATES OF AMERICA
AND
THE GOVERNMENT OF THE PEOPLES REPUBLIC OF CHINA
CONCERNING
THE IMPOSITION OF IMPORT RESTRICTIONS
ON CATEGORIES OF ARCHAEOLOGICAL MATERIAL FROM
THE PALEOLITHIC PERIOD THROUGH THE TANG DYNASTY
AND MONUMENTAL SCULPTURE AND WALL ART
AT LEAST 250 YEARS OLD
The Government of the United States of America and the Government of tht
Peoples Republic of China
Acting pursuant to the 1970 UNESCO Convention on the Means of
Prohibiting and Prtventing the Illicit Import Export and Transter of
Ownership of Cultural Property to which both countries are States Party and
Desiring to reduce the inctntivt for pillage of irreplactablc
archaeological material representing the rich cultural heritage of China
Have agreed as follows
ARTICLE I
I The Government of the United States of America in accordance with its
legislation entitled the Convention on Cultural Property Implementation Act shall
restrict the importation into the United States of archaeological material originating in
China and representing Chinas cultural heritage from the Paleolithic Period through
the end of the Tang Dynasty (AD 907) and of monumental sculpture and wall art at
least 250 years old including categories of metal ceramic stone textiles other
organic material glass and painting identified on a list to be promulgated by the
United States Government (hereinafter known as the Designated List) unless the
Government of the Peoples Republic of China issues a license or other documentation
which certifies that such exportation was not in violation of its laws For the purposes
of this Memorandum of Understanding the restricted Paleolithic objects date from
approximately 75000 BC
2 The Government of the United States of America shall offer for return to the
Government of the Peoples Republic of China any material on the Designated List
forfeited to the Government of the United States of America
3 Such import restrictions shall become effective on the date the Designated List
is published by the Department of Homeland Security in the US Federal Register the
official United States Government publication providing fair public notice
ARTICLE II
1 Representatives of the Government of the United States of America and
representatives of the Government of the Peoples Republic of China shall regularly
publicize this Memorandum of Understanding and the reasons for it through available
outlets of communication
- 2 shy
2 The Government of the Peoples Republic of China shall expand efforts to
educate its citizens about the long term importance of safeguarding its rich cultural
heritage and that of other countries a principle embodied in the 1970 UNESCO
Convention
3 The Government of the Peoples Republic of China shall use its best efforts to
make use of surface surveys in order to inventory sites and to broaden archaeological
research and enhance public awareness of its importance
4 The Government of the Peoples Republic of China shall use its best efforts to
increase funding and professional resources for the protection of cultural heritage
throughout the country
5 The Government of the Peoples Republic of China shall take measures to
improve the effectiveness of its customs officers in order to (I) stop the illicit
exportation of cultural property at borders and ports and (2) recognize Chinese
archaeological material and its value to the heritage The Government of the United
States of America shall use its best efforts to improve the ability of its customs ot1icers
to recognize Chinese archaeological material and as appropriate facilitate assistance
to China for the training of its customs oniccrs
6 The Government of the Peoples Republic of China shall make every effort to
stop archaeological material looted or stolen from the Mainland from entering the
Hong Kong Special Administrative Region and the Macao Special Administrative
Region with the goal of eliminating the illicit trade in these regions
7 The Government of the United States of America recognizes that the
Government of the Peoples Republic of China permits the international interchange of
archaeological materials for cultural educational and scientific purposes to enable
widespread public appreciation of and legal access to Chinas rich cultural heritage
- 3 shy
The Government of the Peoples Republic of China agrees to use its best dforts to
further such interchange in the following ways
(l) promote long-term loans of archa1ological obje1ts of significant
interest to a broad cross-section of American museums for publi1 1xhibition
education and research purposes
(2) promote increased institution-lo-institution collaboration in the fidd or
art history and in other humanistic and academic disciplines relating to the
archaeological heritage of China
(3) promote the exchange of students and professionals in such fields as
archaeology art history conservation museum curatorial practices and
cultural heritage management between appropriate Chinese and US
institutions and
(4) facilitate the granting of permits to conduct ar1haeologi1al research in
China
8 The Government of the United States of America shall use its best efforts to
facilitate technical assistance to the Government of the Peoples Republic of China in
pursuit of preserving its cultural heritage by such means as creating a national
preservation strategy improving rescue archaeology stabilizing and restoring
sitesbuildings enhancing the capacity of museums to preserve and exhibit collections
and strengthening regulation of the cultural relics market
9 The Government of the Peoples Republic of China shall continue to license
the sale and export of certain antiquities as provided by law and will explore ways to
make more of these objects available licitly
10 Recognizing that pursuant to this Memorandum of Understanding museums
in the United States will be restricted from acquiring 1ertain archaeological objects
the Government of the Peoples Republic of China agrees that its museums will
similarly refrain from acquiring such restricted archaeological objects that arc looted
-4shy
and illegally exported from Mainland China to destinations abroad unless the seller or
donor provides evidence of legal export from Mainland China or verifiable
documentation that the item left Mainland China prior to the imposition of US import
restrictions This will apply to purchases made outside Mainland China by any
museum in Mainland China and only to the categories of objects representing Chinas
cultural heritage from the Paleolithic Period through the end of the Tang Dynasty
(AD 907) and monumental sculpture and wall art at least 250 years old as covered
by this Memorandum of Understanding
11 The Government of the Peoples Republic of China shall seek to improve
regulation of its internal market for antiquities
12 Both Governments agree that in order for United States import restrictions to
be most successful in thwarting pillage the Government of the Peoples Republic of
China shall endeavor to strengthen regional cooperation within Asia for the protection
of cultural patrimony and in the effort to deter further pillage in China shall seek
increased cooperation from other importing nations to restrict the import of looted
archaeological material originating in China
13 To strengthen the cooperation between the two countries the Government of
the Peoples Republic of China shall regularly provide the Government of the United
States with information concerning the implementation of this Memorandum of
Understanding and as appropriate the Government of the United States shall provide
information to the Government of the Peoples Republic of China that strengthens the
ability of both countries to enforce applicable laws and regulations to reduce illicit
trafficking in cultural property
- 5 shy
ARTICLE III
The obligations of both Governments and the activities carried out under this
Memorandum of Understanding shall be subject to the laws and regulations of each
country as applicable including the availability of funds
ARTICLE IV
I This Memorandum of Understanding shall enter into force upon signature It
shall remain in force for a period of five years
2 This Memorandum of Understanding may be amended or extended upon
written agreement of the two Governments
3 The effectiveness of this Memorandum of Understanding shall be subject to
review in order to determine before the expiration of the five year period of this
Memorandum of Understanding whether it should be extended
IN WITNESS WHEREOF the undersigned being duly authorized by their
respective Governments have signed the present Memorandum of Understanding
DONE at Washington in duplicate this~ day of~ 2009 in the English
and Chinese languages both texts being equally authentic
FOR THE GOVERNMENT OF FOR THE GOVERNMENT OF
THE UNITED STATES OF AMERICA THE PEOPLES REPUBLIC
OF CHINA
- 6 shy
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-tishy
________________________________________________________________________
TREATIES AND OTHER INTERNATIONAL ACTS SERIES 14-108
CULTURAL PROPERTY
Agreement Between the
UNITED STATES OF AMERICA
and CHINA
Amending and Extending
Memorandum of Understanding of
January 14 2009
Effected by Exchange of Notes at
Beijing January 6 and 8 2014
NOTE BY THE DEPARTMENT OF STATE
Pursuant to Public Law 89mdash497 approved July 8 1966 (80 Stat 271 1 USC 113)mdash
ldquo 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 thereofrdquo
CHINA
Cultural Property
Agreement amending and extending memorandum of understanding of January 14 2009
Effected by exchange of notes at Beijing January 6 and 8 2014
Entered into force January 8 2014 With effect from January 14 2014
No 0008
The Embassy ofthe United States ofAmerica presents its compliments to the State
Administration for Cultural Heritage of the Peoples Republic ofChinaand has the honor to
refer to the Memorandum ofUnderstanding Concerning the Imposition of Import Restrictions on
Categories ofArchaeological Material from the Paleolithic Period Through the Tang Dynasty
and Monumental Sculpture and Wall Art at least 250 Years Old signed at Washington January
14 2009 hereinafter referred to as the MOU)
The Embassy on behalfof the Government ofthe United States ofAmerica has the
honor to propose that pursuant to Article IV1 and 2 of the MOU the MOU be extended for an
additional five-year period
The Embassy has the further honor to propose that pursuant to Article IV 2 ofthe MOU
the MOU be amended by replacing Article II with the attached revised Article II The Embassy
also has the honor to propose an amendment to Article I ofthe MOU The proposed amendment
to Article I is attached
Ifthe foregoing proposals are acceptable to the State Administration the Embassy
proposes that this note including the attached revised Article I and Article II and the State
Administrations note in reply shall constitute an agreement to extend and amend the MOU
which shall enter into force on the date of the State Administrations note in reply and shall take
effect on January 14 2014
The Embassy of the United States of America takes this opportunity to renew to the State
Administration for Cultural Heritage of the Peoples Republic of China the assurances of its
highest consideration
DIPLOMATIC NOTE
Attachments
As stated
Embassy of the United States ofAmerica
Beijing January 06 2014
Amendment to Article I ot tile Memorudum of Understanding (2009)
Current Article I 1 The Government ofthe United States ofAmerica in accordance with its legislation entitled the Convention on Cultural Property Implementation Act shaU restrict the importation into the United States of archaeological material originating in China and representing Chinas cultural heritage from the Paleolithic Period through the end of the Tang Dynasty (AD 907) and ofmonumental sculpture and wall art at least 250 years old including categories of metal ceramic stone textiles other organic material glass and painting identified on a list to be promulgated by the United States Government (hereinafter known as the ~Designated List) unless the Government of the Peoples Republic of China issues a license or other documentation which certifies that such exportation was not in violation of its laws For the purposes of this Memorandum of Understanding the restricted Paleolithic objects date from approximately 75000 BC
Insert as ofJanuary 14 2009 the date this MOU entered into force
Amended Article I 1 The Government of the United States of America in accordance with its legislation entitled the Convention on Cultural Property Implementation Act shall restrict the importation into the United States of archaeological material originating in China and representing Chinas cultural heritage from the Paleolithic Period through the end of the Tang Dynasty (AD 907) and of monumental sculpture and wall art at least 250 years old as of January 14 2009 the date this MOU entered into force including categories of metal ceramic stone textiles other organic material glass and painting identified on a list to be promulgated by the United States Government (hereinafter known as the Designated List) unless the Government of the Peoples Republic of China issues a license or other documentation which certifies that such exportation was not in violation of its laws For the purposes of this Memorandum of Understanding the restricted Paleolithic objects date from approximately 75000 BC
United States ofAmerica - Peoples Republic of China Memorandum of Understanding Extension 2014
Revised Article n
PubJic Awareness I Outreach
1 Representatives ofthe Government ofthe People~s Republic ofChina and representatives ofthe Government ofthe United States ofAmerica shall regularly publicize this Memorandum of Understanding and the reasons for it through available outlets ofcommunication
2 The Government ofthe Peoples Republic ofChina and the Government of the United States ofAmerica shall continue to raise public awareness about the long-term importance ofprotecting cultural heritage ftom looting and destruction in the spirit of UNESCO 1970 Convention
Protection I Conservation
3 The Government ofthe Peoples Republic ofChina shall continue its best efforts to inventory collections ofmoveable cuJfural objects to make use ofsurface surveys in order to inventory archaeological sites and t-0 increase research-based archaeology and enhance public awareness ofits importance
4 The Government ofthe Peoples Republic ofChina shall use its best efforts to train and deploy professional security guards and expand the use ofsecurity technology with the aim ofreducing piUage ofcultural property throughout the country especially in remote and high risk areas and shall enhance awareness among government officials and employees ofChinese archeological material and its value to Chinas heritage
5 The Government ofthe Peoples Republic ofChina shall use its best efforts to promote education in museum studies archaeology and cultural resource management Both nations will seek to support these efforts through available existing programs and other means ofcooperation
6 The Government of the United States ofAmerica shall use its best efforts to facilitate technical assistance to the Government ofthe Peoples Republic ofChina with the aim ofpreserving its cultural heritage by such means as improving cultural resource management stabilizing and restoring monuments and sites enhancing capacity for risk prevention in heritage sites and museums and enhancing the capacity of museums to preserve and exhibit collections of its ancient heritage
Collaboration I Interchange
7 The Government ofthe United States ofAmerica recognizes that the Government of the Peoples Republic ofChina permits the international interchange of archaeological materials for cultural educational and scientific purposes to enable widespread public appreciation ofand legal access to Chinas rich cultural heritage The Government ofthe Peoptebulls Republic ofChina agrees to use its best efforts to
further such interchange by
(1) continuing to encourage museum Joans ofarchaeological material including recently excavated objects for research and public display purposes
(2) encouraging Chinese museums to carry out joint efforts with American counterparts including but not limited to finalizing in a timely manner relevant contracts and lists ofobjects loaned and minimizing the logistical difficulties accompanying the exhibition
(3) facilitating the approval ofloan exhibitions to the United States ofAmerica allowing objects in an exhibition to remain outside China for up to two years increasing the number ofGrade l objects allowed in an exhibition and considering longer-term loans ofup to five years ofa limited number ofobjects
(4) facilitating the granting ofpermits to conduct archaeological research in China by streamlining and further clarifying the application process
8 With respect to Chinese cultural objects that meet the following four conditions a) legally exported as part ofa private collection ofChinese heirlooms b) legally transferred among owners c) purchased and imported by residents ofChina and d) declared upon import to China and registered with the relevant authorities the Government ofthe Peoples Republic ofChina shall seek legislative action that permits their re-export
Law Enforcement
9 The Government ofthe Peoples Republic ofChina shall continue measures to improve the effectiveness of its customs officers to stop the illicit exportation of cultural property at borders and ports The Government ofthe United States of America shall increase its efforts to improve the ability of its customs officers to recognize Chinese archaeological material and as appropriate facilitate assistance to China for the training of its customs officers
l 0 The Central Government ofthe Peoples Republic ofChina shall increase joint efforts with the Hong Kong Special Administrative Region and the Macao Special Administrative Region to stop archaeological material looted or stolen from the Chinese mainland from being trafficked into and out ofthese regions
11 The Government of the Peoples Republic ofChina shall seek to further implement regulation of its internal market for antiquities with the aim ofreducing unauthorized transactions
12 Both Governments agree that in order for United States import restrictions to be most successful in thwarting pillage the Government ofthe Peoples Republic of China shall endeavor to strengthen regional cooperation within Asia for the protection of cultural heritage and in the effort to deter further pillage in China shall seek increased cooperation from other importing nations to restrict the import oflootcd archaeological material originating in China
Information Sharing
13To strengthen the cooperation between the two countries
1) the Government ofPeoples Republic ofChina shall provide annually to the Government ofthe United States ofAmerica infonnation and statistics about crimes oftheft clandestine excavation trafficking (illicittrade and smuggling) and abuse of official power an~ as it becomes available information about prosecutions and convictions pertinent to the MOU
2) as itbecomes available and appropriate~ the Government ofthe United States of America shall share information with the Government ofPeoples Republic ofChina regarding trafficking (illicit trade and smuggling) ofChinese cultural property in order to strengthen the ability of both countries to enforce applicable laws and regulations to reduce this trafficking
cp ~A~J~fa~~ A1MJ State Administration of Cultural Heritage
Peoples Republic of China
Informal translation SACH-2014-001
Note verbale
The State Administration of Cultural Heritage of the Peoples Republic of China
presents its compliments to the Embassy of the United States of America and has the
honor to inform your Embassy that your Diplomatic Note No0008 dated January 6
2014 has been received
On Behalf of the Government of the Peoples Republic of China SACH accepts your
Embassys proposal renewing for five more years the validity of the Memorandum of
Understanding Between the Government of the United States of America and the
Government of the Peoples Republic of China Concerning The Imposition of Import
Restrictions on Categories of Archeological Materials From the Paleolithic Period
Through the Tang Dynasty and Monumental Sculpture and Wall Art At Least 250
Years Old and replacing Article 1 and 2 in the original text with the revised version
attached in the Appendix (please see the Chinese text in the Appendix)
SACH also has the honor to accept your Embassys proposal to develop an
agreement on validity renewal and text revision of the MOU based on the note
correspondences between us The new agreement shall come into force on January
14 2014 and be put into implementation on the date of reply by SACH
SACH avails itself of this opportunity to renew to the Embassy of the United States
the assurances of its highest consideration
January 8 2014
Encl As mentioned above
CC Ministry of Foreign Affairs of the Peoples Republic of China
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CHINA
Cultural Property
Memorandum of understanding signed at Washington January 14 2009
Entered into force January 14 2009
MEMORANDllM OF UNDERSTANDING
BETWEEN
THE GOVERNMENT OF THE UNITED STATES OF AMERICA
AND
THE GOVERNMENT OF THE PEOPLES REPUBLIC OF CHINA
CONCERNING
THE IMPOSITION OF IMPORT RESTRICTIONS
ON CATEGORIES OF ARCHAEOLOGICAL MATERIAL FROM
THE PALEOLITHIC PERIOD THROUGH THE TANG DYNASTY
AND MONUMENTAL SCULPTURE AND WALL ART
AT LEAST 250 YEARS OLD
The Government of the United States of America and the Government of tht
Peoples Republic of China
Acting pursuant to the 1970 UNESCO Convention on the Means of
Prohibiting and Prtventing the Illicit Import Export and Transter of
Ownership of Cultural Property to which both countries are States Party and
Desiring to reduce the inctntivt for pillage of irreplactablc
archaeological material representing the rich cultural heritage of China
Have agreed as follows
ARTICLE I
I The Government of the United States of America in accordance with its
legislation entitled the Convention on Cultural Property Implementation Act shall
restrict the importation into the United States of archaeological material originating in
China and representing Chinas cultural heritage from the Paleolithic Period through
the end of the Tang Dynasty (AD 907) and of monumental sculpture and wall art at
least 250 years old including categories of metal ceramic stone textiles other
organic material glass and painting identified on a list to be promulgated by the
United States Government (hereinafter known as the Designated List) unless the
Government of the Peoples Republic of China issues a license or other documentation
which certifies that such exportation was not in violation of its laws For the purposes
of this Memorandum of Understanding the restricted Paleolithic objects date from
approximately 75000 BC
2 The Government of the United States of America shall offer for return to the
Government of the Peoples Republic of China any material on the Designated List
forfeited to the Government of the United States of America
3 Such import restrictions shall become effective on the date the Designated List
is published by the Department of Homeland Security in the US Federal Register the
official United States Government publication providing fair public notice
ARTICLE II
1 Representatives of the Government of the United States of America and
representatives of the Government of the Peoples Republic of China shall regularly
publicize this Memorandum of Understanding and the reasons for it through available
outlets of communication
- 2 shy
2 The Government of the Peoples Republic of China shall expand efforts to
educate its citizens about the long term importance of safeguarding its rich cultural
heritage and that of other countries a principle embodied in the 1970 UNESCO
Convention
3 The Government of the Peoples Republic of China shall use its best efforts to
make use of surface surveys in order to inventory sites and to broaden archaeological
research and enhance public awareness of its importance
4 The Government of the Peoples Republic of China shall use its best efforts to
increase funding and professional resources for the protection of cultural heritage
throughout the country
5 The Government of the Peoples Republic of China shall take measures to
improve the effectiveness of its customs officers in order to (I) stop the illicit
exportation of cultural property at borders and ports and (2) recognize Chinese
archaeological material and its value to the heritage The Government of the United
States of America shall use its best efforts to improve the ability of its customs ot1icers
to recognize Chinese archaeological material and as appropriate facilitate assistance
to China for the training of its customs oniccrs
6 The Government of the Peoples Republic of China shall make every effort to
stop archaeological material looted or stolen from the Mainland from entering the
Hong Kong Special Administrative Region and the Macao Special Administrative
Region with the goal of eliminating the illicit trade in these regions
7 The Government of the United States of America recognizes that the
Government of the Peoples Republic of China permits the international interchange of
archaeological materials for cultural educational and scientific purposes to enable
widespread public appreciation of and legal access to Chinas rich cultural heritage
- 3 shy
The Government of the Peoples Republic of China agrees to use its best dforts to
further such interchange in the following ways
(l) promote long-term loans of archa1ological obje1ts of significant
interest to a broad cross-section of American museums for publi1 1xhibition
education and research purposes
(2) promote increased institution-lo-institution collaboration in the fidd or
art history and in other humanistic and academic disciplines relating to the
archaeological heritage of China
(3) promote the exchange of students and professionals in such fields as
archaeology art history conservation museum curatorial practices and
cultural heritage management between appropriate Chinese and US
institutions and
(4) facilitate the granting of permits to conduct ar1haeologi1al research in
China
8 The Government of the United States of America shall use its best efforts to
facilitate technical assistance to the Government of the Peoples Republic of China in
pursuit of preserving its cultural heritage by such means as creating a national
preservation strategy improving rescue archaeology stabilizing and restoring
sitesbuildings enhancing the capacity of museums to preserve and exhibit collections
and strengthening regulation of the cultural relics market
9 The Government of the Peoples Republic of China shall continue to license
the sale and export of certain antiquities as provided by law and will explore ways to
make more of these objects available licitly
10 Recognizing that pursuant to this Memorandum of Understanding museums
in the United States will be restricted from acquiring 1ertain archaeological objects
the Government of the Peoples Republic of China agrees that its museums will
similarly refrain from acquiring such restricted archaeological objects that arc looted
-4shy
and illegally exported from Mainland China to destinations abroad unless the seller or
donor provides evidence of legal export from Mainland China or verifiable
documentation that the item left Mainland China prior to the imposition of US import
restrictions This will apply to purchases made outside Mainland China by any
museum in Mainland China and only to the categories of objects representing Chinas
cultural heritage from the Paleolithic Period through the end of the Tang Dynasty
(AD 907) and monumental sculpture and wall art at least 250 years old as covered
by this Memorandum of Understanding
11 The Government of the Peoples Republic of China shall seek to improve
regulation of its internal market for antiquities
12 Both Governments agree that in order for United States import restrictions to
be most successful in thwarting pillage the Government of the Peoples Republic of
China shall endeavor to strengthen regional cooperation within Asia for the protection
of cultural patrimony and in the effort to deter further pillage in China shall seek
increased cooperation from other importing nations to restrict the import of looted
archaeological material originating in China
13 To strengthen the cooperation between the two countries the Government of
the Peoples Republic of China shall regularly provide the Government of the United
States with information concerning the implementation of this Memorandum of
Understanding and as appropriate the Government of the United States shall provide
information to the Government of the Peoples Republic of China that strengthens the
ability of both countries to enforce applicable laws and regulations to reduce illicit
trafficking in cultural property
- 5 shy
ARTICLE III
The obligations of both Governments and the activities carried out under this
Memorandum of Understanding shall be subject to the laws and regulations of each
country as applicable including the availability of funds
ARTICLE IV
I This Memorandum of Understanding shall enter into force upon signature It
shall remain in force for a period of five years
2 This Memorandum of Understanding may be amended or extended upon
written agreement of the two Governments
3 The effectiveness of this Memorandum of Understanding shall be subject to
review in order to determine before the expiration of the five year period of this
Memorandum of Understanding whether it should be extended
IN WITNESS WHEREOF the undersigned being duly authorized by their
respective Governments have signed the present Memorandum of Understanding
DONE at Washington in duplicate this~ day of~ 2009 in the English
and Chinese languages both texts being equally authentic
FOR THE GOVERNMENT OF FOR THE GOVERNMENT OF
THE UNITED STATES OF AMERICA THE PEOPLES REPUBLIC
OF CHINA
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________________________________________________________________________
TREATIES AND OTHER INTERNATIONAL ACTS SERIES 14-108
CULTURAL PROPERTY
Agreement Between the
UNITED STATES OF AMERICA
and CHINA
Amending and Extending
Memorandum of Understanding of
January 14 2009
Effected by Exchange of Notes at
Beijing January 6 and 8 2014
NOTE BY THE DEPARTMENT OF STATE
Pursuant to Public Law 89mdash497 approved July 8 1966 (80 Stat 271 1 USC 113)mdash
ldquo 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 thereofrdquo
CHINA
Cultural Property
Agreement amending and extending memorandum of understanding of January 14 2009
Effected by exchange of notes at Beijing January 6 and 8 2014
Entered into force January 8 2014 With effect from January 14 2014
No 0008
The Embassy ofthe United States ofAmerica presents its compliments to the State
Administration for Cultural Heritage of the Peoples Republic ofChinaand has the honor to
refer to the Memorandum ofUnderstanding Concerning the Imposition of Import Restrictions on
Categories ofArchaeological Material from the Paleolithic Period Through the Tang Dynasty
and Monumental Sculpture and Wall Art at least 250 Years Old signed at Washington January
14 2009 hereinafter referred to as the MOU)
The Embassy on behalfof the Government ofthe United States ofAmerica has the
honor to propose that pursuant to Article IV1 and 2 of the MOU the MOU be extended for an
additional five-year period
The Embassy has the further honor to propose that pursuant to Article IV 2 ofthe MOU
the MOU be amended by replacing Article II with the attached revised Article II The Embassy
also has the honor to propose an amendment to Article I ofthe MOU The proposed amendment
to Article I is attached
Ifthe foregoing proposals are acceptable to the State Administration the Embassy
proposes that this note including the attached revised Article I and Article II and the State
Administrations note in reply shall constitute an agreement to extend and amend the MOU
which shall enter into force on the date of the State Administrations note in reply and shall take
effect on January 14 2014
The Embassy of the United States of America takes this opportunity to renew to the State
Administration for Cultural Heritage of the Peoples Republic of China the assurances of its
highest consideration
DIPLOMATIC NOTE
Attachments
As stated
Embassy of the United States ofAmerica
Beijing January 06 2014
Amendment to Article I ot tile Memorudum of Understanding (2009)
Current Article I 1 The Government ofthe United States ofAmerica in accordance with its legislation entitled the Convention on Cultural Property Implementation Act shaU restrict the importation into the United States of archaeological material originating in China and representing Chinas cultural heritage from the Paleolithic Period through the end of the Tang Dynasty (AD 907) and ofmonumental sculpture and wall art at least 250 years old including categories of metal ceramic stone textiles other organic material glass and painting identified on a list to be promulgated by the United States Government (hereinafter known as the ~Designated List) unless the Government of the Peoples Republic of China issues a license or other documentation which certifies that such exportation was not in violation of its laws For the purposes of this Memorandum of Understanding the restricted Paleolithic objects date from approximately 75000 BC
Insert as ofJanuary 14 2009 the date this MOU entered into force
Amended Article I 1 The Government of the United States of America in accordance with its legislation entitled the Convention on Cultural Property Implementation Act shall restrict the importation into the United States of archaeological material originating in China and representing Chinas cultural heritage from the Paleolithic Period through the end of the Tang Dynasty (AD 907) and of monumental sculpture and wall art at least 250 years old as of January 14 2009 the date this MOU entered into force including categories of metal ceramic stone textiles other organic material glass and painting identified on a list to be promulgated by the United States Government (hereinafter known as the Designated List) unless the Government of the Peoples Republic of China issues a license or other documentation which certifies that such exportation was not in violation of its laws For the purposes of this Memorandum of Understanding the restricted Paleolithic objects date from approximately 75000 BC
United States ofAmerica - Peoples Republic of China Memorandum of Understanding Extension 2014
Revised Article n
PubJic Awareness I Outreach
1 Representatives ofthe Government ofthe People~s Republic ofChina and representatives ofthe Government ofthe United States ofAmerica shall regularly publicize this Memorandum of Understanding and the reasons for it through available outlets ofcommunication
2 The Government ofthe Peoples Republic ofChina and the Government of the United States ofAmerica shall continue to raise public awareness about the long-term importance ofprotecting cultural heritage ftom looting and destruction in the spirit of UNESCO 1970 Convention
Protection I Conservation
3 The Government ofthe Peoples Republic ofChina shall continue its best efforts to inventory collections ofmoveable cuJfural objects to make use ofsurface surveys in order to inventory archaeological sites and t-0 increase research-based archaeology and enhance public awareness ofits importance
4 The Government ofthe Peoples Republic ofChina shall use its best efforts to train and deploy professional security guards and expand the use ofsecurity technology with the aim ofreducing piUage ofcultural property throughout the country especially in remote and high risk areas and shall enhance awareness among government officials and employees ofChinese archeological material and its value to Chinas heritage
5 The Government ofthe Peoples Republic ofChina shall use its best efforts to promote education in museum studies archaeology and cultural resource management Both nations will seek to support these efforts through available existing programs and other means ofcooperation
6 The Government of the United States ofAmerica shall use its best efforts to facilitate technical assistance to the Government ofthe Peoples Republic ofChina with the aim ofpreserving its cultural heritage by such means as improving cultural resource management stabilizing and restoring monuments and sites enhancing capacity for risk prevention in heritage sites and museums and enhancing the capacity of museums to preserve and exhibit collections of its ancient heritage
Collaboration I Interchange
7 The Government ofthe United States ofAmerica recognizes that the Government of the Peoples Republic ofChina permits the international interchange of archaeological materials for cultural educational and scientific purposes to enable widespread public appreciation ofand legal access to Chinas rich cultural heritage The Government ofthe Peoptebulls Republic ofChina agrees to use its best efforts to
further such interchange by
(1) continuing to encourage museum Joans ofarchaeological material including recently excavated objects for research and public display purposes
(2) encouraging Chinese museums to carry out joint efforts with American counterparts including but not limited to finalizing in a timely manner relevant contracts and lists ofobjects loaned and minimizing the logistical difficulties accompanying the exhibition
(3) facilitating the approval ofloan exhibitions to the United States ofAmerica allowing objects in an exhibition to remain outside China for up to two years increasing the number ofGrade l objects allowed in an exhibition and considering longer-term loans ofup to five years ofa limited number ofobjects
(4) facilitating the granting ofpermits to conduct archaeological research in China by streamlining and further clarifying the application process
8 With respect to Chinese cultural objects that meet the following four conditions a) legally exported as part ofa private collection ofChinese heirlooms b) legally transferred among owners c) purchased and imported by residents ofChina and d) declared upon import to China and registered with the relevant authorities the Government ofthe Peoples Republic ofChina shall seek legislative action that permits their re-export
Law Enforcement
9 The Government ofthe Peoples Republic ofChina shall continue measures to improve the effectiveness of its customs officers to stop the illicit exportation of cultural property at borders and ports The Government ofthe United States of America shall increase its efforts to improve the ability of its customs officers to recognize Chinese archaeological material and as appropriate facilitate assistance to China for the training of its customs officers
l 0 The Central Government ofthe Peoples Republic ofChina shall increase joint efforts with the Hong Kong Special Administrative Region and the Macao Special Administrative Region to stop archaeological material looted or stolen from the Chinese mainland from being trafficked into and out ofthese regions
11 The Government of the Peoples Republic ofChina shall seek to further implement regulation of its internal market for antiquities with the aim ofreducing unauthorized transactions
12 Both Governments agree that in order for United States import restrictions to be most successful in thwarting pillage the Government ofthe Peoples Republic of China shall endeavor to strengthen regional cooperation within Asia for the protection of cultural heritage and in the effort to deter further pillage in China shall seek increased cooperation from other importing nations to restrict the import oflootcd archaeological material originating in China
Information Sharing
13To strengthen the cooperation between the two countries
1) the Government ofPeoples Republic ofChina shall provide annually to the Government ofthe United States ofAmerica infonnation and statistics about crimes oftheft clandestine excavation trafficking (illicittrade and smuggling) and abuse of official power an~ as it becomes available information about prosecutions and convictions pertinent to the MOU
2) as itbecomes available and appropriate~ the Government ofthe United States of America shall share information with the Government ofPeoples Republic ofChina regarding trafficking (illicit trade and smuggling) ofChinese cultural property in order to strengthen the ability of both countries to enforce applicable laws and regulations to reduce this trafficking
cp ~A~J~fa~~ A1MJ State Administration of Cultural Heritage
Peoples Republic of China
Informal translation SACH-2014-001
Note verbale
The State Administration of Cultural Heritage of the Peoples Republic of China
presents its compliments to the Embassy of the United States of America and has the
honor to inform your Embassy that your Diplomatic Note No0008 dated January 6
2014 has been received
On Behalf of the Government of the Peoples Republic of China SACH accepts your
Embassys proposal renewing for five more years the validity of the Memorandum of
Understanding Between the Government of the United States of America and the
Government of the Peoples Republic of China Concerning The Imposition of Import
Restrictions on Categories of Archeological Materials From the Paleolithic Period
Through the Tang Dynasty and Monumental Sculpture and Wall Art At Least 250
Years Old and replacing Article 1 and 2 in the original text with the revised version
attached in the Appendix (please see the Chinese text in the Appendix)
SACH also has the honor to accept your Embassys proposal to develop an
agreement on validity renewal and text revision of the MOU based on the note
correspondences between us The new agreement shall come into force on January
14 2014 and be put into implementation on the date of reply by SACH
SACH avails itself of this opportunity to renew to the Embassy of the United States
the assurances of its highest consideration
January 8 2014
Encl As mentioned above
CC Ministry of Foreign Affairs of the Peoples Republic of China
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State Administration ofCultural Heritage Peoples Republic of China
SACH-2014-001
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MEMORANDllM OF UNDERSTANDING
BETWEEN
THE GOVERNMENT OF THE UNITED STATES OF AMERICA
AND
THE GOVERNMENT OF THE PEOPLES REPUBLIC OF CHINA
CONCERNING
THE IMPOSITION OF IMPORT RESTRICTIONS
ON CATEGORIES OF ARCHAEOLOGICAL MATERIAL FROM
THE PALEOLITHIC PERIOD THROUGH THE TANG DYNASTY
AND MONUMENTAL SCULPTURE AND WALL ART
AT LEAST 250 YEARS OLD
The Government of the United States of America and the Government of tht
Peoples Republic of China
Acting pursuant to the 1970 UNESCO Convention on the Means of
Prohibiting and Prtventing the Illicit Import Export and Transter of
Ownership of Cultural Property to which both countries are States Party and
Desiring to reduce the inctntivt for pillage of irreplactablc
archaeological material representing the rich cultural heritage of China
Have agreed as follows
ARTICLE I
I The Government of the United States of America in accordance with its
legislation entitled the Convention on Cultural Property Implementation Act shall
restrict the importation into the United States of archaeological material originating in
China and representing Chinas cultural heritage from the Paleolithic Period through
the end of the Tang Dynasty (AD 907) and of monumental sculpture and wall art at
least 250 years old including categories of metal ceramic stone textiles other
organic material glass and painting identified on a list to be promulgated by the
United States Government (hereinafter known as the Designated List) unless the
Government of the Peoples Republic of China issues a license or other documentation
which certifies that such exportation was not in violation of its laws For the purposes
of this Memorandum of Understanding the restricted Paleolithic objects date from
approximately 75000 BC
2 The Government of the United States of America shall offer for return to the
Government of the Peoples Republic of China any material on the Designated List
forfeited to the Government of the United States of America
3 Such import restrictions shall become effective on the date the Designated List
is published by the Department of Homeland Security in the US Federal Register the
official United States Government publication providing fair public notice
ARTICLE II
1 Representatives of the Government of the United States of America and
representatives of the Government of the Peoples Republic of China shall regularly
publicize this Memorandum of Understanding and the reasons for it through available
outlets of communication
- 2 shy
2 The Government of the Peoples Republic of China shall expand efforts to
educate its citizens about the long term importance of safeguarding its rich cultural
heritage and that of other countries a principle embodied in the 1970 UNESCO
Convention
3 The Government of the Peoples Republic of China shall use its best efforts to
make use of surface surveys in order to inventory sites and to broaden archaeological
research and enhance public awareness of its importance
4 The Government of the Peoples Republic of China shall use its best efforts to
increase funding and professional resources for the protection of cultural heritage
throughout the country
5 The Government of the Peoples Republic of China shall take measures to
improve the effectiveness of its customs officers in order to (I) stop the illicit
exportation of cultural property at borders and ports and (2) recognize Chinese
archaeological material and its value to the heritage The Government of the United
States of America shall use its best efforts to improve the ability of its customs ot1icers
to recognize Chinese archaeological material and as appropriate facilitate assistance
to China for the training of its customs oniccrs
6 The Government of the Peoples Republic of China shall make every effort to
stop archaeological material looted or stolen from the Mainland from entering the
Hong Kong Special Administrative Region and the Macao Special Administrative
Region with the goal of eliminating the illicit trade in these regions
7 The Government of the United States of America recognizes that the
Government of the Peoples Republic of China permits the international interchange of
archaeological materials for cultural educational and scientific purposes to enable
widespread public appreciation of and legal access to Chinas rich cultural heritage
- 3 shy
The Government of the Peoples Republic of China agrees to use its best dforts to
further such interchange in the following ways
(l) promote long-term loans of archa1ological obje1ts of significant
interest to a broad cross-section of American museums for publi1 1xhibition
education and research purposes
(2) promote increased institution-lo-institution collaboration in the fidd or
art history and in other humanistic and academic disciplines relating to the
archaeological heritage of China
(3) promote the exchange of students and professionals in such fields as
archaeology art history conservation museum curatorial practices and
cultural heritage management between appropriate Chinese and US
institutions and
(4) facilitate the granting of permits to conduct ar1haeologi1al research in
China
8 The Government of the United States of America shall use its best efforts to
facilitate technical assistance to the Government of the Peoples Republic of China in
pursuit of preserving its cultural heritage by such means as creating a national
preservation strategy improving rescue archaeology stabilizing and restoring
sitesbuildings enhancing the capacity of museums to preserve and exhibit collections
and strengthening regulation of the cultural relics market
9 The Government of the Peoples Republic of China shall continue to license
the sale and export of certain antiquities as provided by law and will explore ways to
make more of these objects available licitly
10 Recognizing that pursuant to this Memorandum of Understanding museums
in the United States will be restricted from acquiring 1ertain archaeological objects
the Government of the Peoples Republic of China agrees that its museums will
similarly refrain from acquiring such restricted archaeological objects that arc looted
-4shy
and illegally exported from Mainland China to destinations abroad unless the seller or
donor provides evidence of legal export from Mainland China or verifiable
documentation that the item left Mainland China prior to the imposition of US import
restrictions This will apply to purchases made outside Mainland China by any
museum in Mainland China and only to the categories of objects representing Chinas
cultural heritage from the Paleolithic Period through the end of the Tang Dynasty
(AD 907) and monumental sculpture and wall art at least 250 years old as covered
by this Memorandum of Understanding
11 The Government of the Peoples Republic of China shall seek to improve
regulation of its internal market for antiquities
12 Both Governments agree that in order for United States import restrictions to
be most successful in thwarting pillage the Government of the Peoples Republic of
China shall endeavor to strengthen regional cooperation within Asia for the protection
of cultural patrimony and in the effort to deter further pillage in China shall seek
increased cooperation from other importing nations to restrict the import of looted
archaeological material originating in China
13 To strengthen the cooperation between the two countries the Government of
the Peoples Republic of China shall regularly provide the Government of the United
States with information concerning the implementation of this Memorandum of
Understanding and as appropriate the Government of the United States shall provide
information to the Government of the Peoples Republic of China that strengthens the
ability of both countries to enforce applicable laws and regulations to reduce illicit
trafficking in cultural property
- 5 shy
ARTICLE III
The obligations of both Governments and the activities carried out under this
Memorandum of Understanding shall be subject to the laws and regulations of each
country as applicable including the availability of funds
ARTICLE IV
I This Memorandum of Understanding shall enter into force upon signature It
shall remain in force for a period of five years
2 This Memorandum of Understanding may be amended or extended upon
written agreement of the two Governments
3 The effectiveness of this Memorandum of Understanding shall be subject to
review in order to determine before the expiration of the five year period of this
Memorandum of Understanding whether it should be extended
IN WITNESS WHEREOF the undersigned being duly authorized by their
respective Governments have signed the present Memorandum of Understanding
DONE at Washington in duplicate this~ day of~ 2009 in the English
and Chinese languages both texts being equally authentic
FOR THE GOVERNMENT OF FOR THE GOVERNMENT OF
THE UNITED STATES OF AMERICA THE PEOPLES REPUBLIC
OF CHINA
- 6 shy
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________________________________________________________________________
TREATIES AND OTHER INTERNATIONAL ACTS SERIES 14-108
CULTURAL PROPERTY
Agreement Between the
UNITED STATES OF AMERICA
and CHINA
Amending and Extending
Memorandum of Understanding of
January 14 2009
Effected by Exchange of Notes at
Beijing January 6 and 8 2014
NOTE BY THE DEPARTMENT OF STATE
Pursuant to Public Law 89mdash497 approved July 8 1966 (80 Stat 271 1 USC 113)mdash
ldquo 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 thereofrdquo
CHINA
Cultural Property
Agreement amending and extending memorandum of understanding of January 14 2009
Effected by exchange of notes at Beijing January 6 and 8 2014
Entered into force January 8 2014 With effect from January 14 2014
No 0008
The Embassy ofthe United States ofAmerica presents its compliments to the State
Administration for Cultural Heritage of the Peoples Republic ofChinaand has the honor to
refer to the Memorandum ofUnderstanding Concerning the Imposition of Import Restrictions on
Categories ofArchaeological Material from the Paleolithic Period Through the Tang Dynasty
and Monumental Sculpture and Wall Art at least 250 Years Old signed at Washington January
14 2009 hereinafter referred to as the MOU)
The Embassy on behalfof the Government ofthe United States ofAmerica has the
honor to propose that pursuant to Article IV1 and 2 of the MOU the MOU be extended for an
additional five-year period
The Embassy has the further honor to propose that pursuant to Article IV 2 ofthe MOU
the MOU be amended by replacing Article II with the attached revised Article II The Embassy
also has the honor to propose an amendment to Article I ofthe MOU The proposed amendment
to Article I is attached
Ifthe foregoing proposals are acceptable to the State Administration the Embassy
proposes that this note including the attached revised Article I and Article II and the State
Administrations note in reply shall constitute an agreement to extend and amend the MOU
which shall enter into force on the date of the State Administrations note in reply and shall take
effect on January 14 2014
The Embassy of the United States of America takes this opportunity to renew to the State
Administration for Cultural Heritage of the Peoples Republic of China the assurances of its
highest consideration
DIPLOMATIC NOTE
Attachments
As stated
Embassy of the United States ofAmerica
Beijing January 06 2014
Amendment to Article I ot tile Memorudum of Understanding (2009)
Current Article I 1 The Government ofthe United States ofAmerica in accordance with its legislation entitled the Convention on Cultural Property Implementation Act shaU restrict the importation into the United States of archaeological material originating in China and representing Chinas cultural heritage from the Paleolithic Period through the end of the Tang Dynasty (AD 907) and ofmonumental sculpture and wall art at least 250 years old including categories of metal ceramic stone textiles other organic material glass and painting identified on a list to be promulgated by the United States Government (hereinafter known as the ~Designated List) unless the Government of the Peoples Republic of China issues a license or other documentation which certifies that such exportation was not in violation of its laws For the purposes of this Memorandum of Understanding the restricted Paleolithic objects date from approximately 75000 BC
Insert as ofJanuary 14 2009 the date this MOU entered into force
Amended Article I 1 The Government of the United States of America in accordance with its legislation entitled the Convention on Cultural Property Implementation Act shall restrict the importation into the United States of archaeological material originating in China and representing Chinas cultural heritage from the Paleolithic Period through the end of the Tang Dynasty (AD 907) and of monumental sculpture and wall art at least 250 years old as of January 14 2009 the date this MOU entered into force including categories of metal ceramic stone textiles other organic material glass and painting identified on a list to be promulgated by the United States Government (hereinafter known as the Designated List) unless the Government of the Peoples Republic of China issues a license or other documentation which certifies that such exportation was not in violation of its laws For the purposes of this Memorandum of Understanding the restricted Paleolithic objects date from approximately 75000 BC
United States ofAmerica - Peoples Republic of China Memorandum of Understanding Extension 2014
Revised Article n
PubJic Awareness I Outreach
1 Representatives ofthe Government ofthe People~s Republic ofChina and representatives ofthe Government ofthe United States ofAmerica shall regularly publicize this Memorandum of Understanding and the reasons for it through available outlets ofcommunication
2 The Government ofthe Peoples Republic ofChina and the Government of the United States ofAmerica shall continue to raise public awareness about the long-term importance ofprotecting cultural heritage ftom looting and destruction in the spirit of UNESCO 1970 Convention
Protection I Conservation
3 The Government ofthe Peoples Republic ofChina shall continue its best efforts to inventory collections ofmoveable cuJfural objects to make use ofsurface surveys in order to inventory archaeological sites and t-0 increase research-based archaeology and enhance public awareness ofits importance
4 The Government ofthe Peoples Republic ofChina shall use its best efforts to train and deploy professional security guards and expand the use ofsecurity technology with the aim ofreducing piUage ofcultural property throughout the country especially in remote and high risk areas and shall enhance awareness among government officials and employees ofChinese archeological material and its value to Chinas heritage
5 The Government ofthe Peoples Republic ofChina shall use its best efforts to promote education in museum studies archaeology and cultural resource management Both nations will seek to support these efforts through available existing programs and other means ofcooperation
6 The Government of the United States ofAmerica shall use its best efforts to facilitate technical assistance to the Government ofthe Peoples Republic ofChina with the aim ofpreserving its cultural heritage by such means as improving cultural resource management stabilizing and restoring monuments and sites enhancing capacity for risk prevention in heritage sites and museums and enhancing the capacity of museums to preserve and exhibit collections of its ancient heritage
Collaboration I Interchange
7 The Government ofthe United States ofAmerica recognizes that the Government of the Peoples Republic ofChina permits the international interchange of archaeological materials for cultural educational and scientific purposes to enable widespread public appreciation ofand legal access to Chinas rich cultural heritage The Government ofthe Peoptebulls Republic ofChina agrees to use its best efforts to
further such interchange by
(1) continuing to encourage museum Joans ofarchaeological material including recently excavated objects for research and public display purposes
(2) encouraging Chinese museums to carry out joint efforts with American counterparts including but not limited to finalizing in a timely manner relevant contracts and lists ofobjects loaned and minimizing the logistical difficulties accompanying the exhibition
(3) facilitating the approval ofloan exhibitions to the United States ofAmerica allowing objects in an exhibition to remain outside China for up to two years increasing the number ofGrade l objects allowed in an exhibition and considering longer-term loans ofup to five years ofa limited number ofobjects
(4) facilitating the granting ofpermits to conduct archaeological research in China by streamlining and further clarifying the application process
8 With respect to Chinese cultural objects that meet the following four conditions a) legally exported as part ofa private collection ofChinese heirlooms b) legally transferred among owners c) purchased and imported by residents ofChina and d) declared upon import to China and registered with the relevant authorities the Government ofthe Peoples Republic ofChina shall seek legislative action that permits their re-export
Law Enforcement
9 The Government ofthe Peoples Republic ofChina shall continue measures to improve the effectiveness of its customs officers to stop the illicit exportation of cultural property at borders and ports The Government ofthe United States of America shall increase its efforts to improve the ability of its customs officers to recognize Chinese archaeological material and as appropriate facilitate assistance to China for the training of its customs officers
l 0 The Central Government ofthe Peoples Republic ofChina shall increase joint efforts with the Hong Kong Special Administrative Region and the Macao Special Administrative Region to stop archaeological material looted or stolen from the Chinese mainland from being trafficked into and out ofthese regions
11 The Government of the Peoples Republic ofChina shall seek to further implement regulation of its internal market for antiquities with the aim ofreducing unauthorized transactions
12 Both Governments agree that in order for United States import restrictions to be most successful in thwarting pillage the Government ofthe Peoples Republic of China shall endeavor to strengthen regional cooperation within Asia for the protection of cultural heritage and in the effort to deter further pillage in China shall seek increased cooperation from other importing nations to restrict the import oflootcd archaeological material originating in China
Information Sharing
13To strengthen the cooperation between the two countries
1) the Government ofPeoples Republic ofChina shall provide annually to the Government ofthe United States ofAmerica infonnation and statistics about crimes oftheft clandestine excavation trafficking (illicittrade and smuggling) and abuse of official power an~ as it becomes available information about prosecutions and convictions pertinent to the MOU
2) as itbecomes available and appropriate~ the Government ofthe United States of America shall share information with the Government ofPeoples Republic ofChina regarding trafficking (illicit trade and smuggling) ofChinese cultural property in order to strengthen the ability of both countries to enforce applicable laws and regulations to reduce this trafficking
cp ~A~J~fa~~ A1MJ State Administration of Cultural Heritage
Peoples Republic of China
Informal translation SACH-2014-001
Note verbale
The State Administration of Cultural Heritage of the Peoples Republic of China
presents its compliments to the Embassy of the United States of America and has the
honor to inform your Embassy that your Diplomatic Note No0008 dated January 6
2014 has been received
On Behalf of the Government of the Peoples Republic of China SACH accepts your
Embassys proposal renewing for five more years the validity of the Memorandum of
Understanding Between the Government of the United States of America and the
Government of the Peoples Republic of China Concerning The Imposition of Import
Restrictions on Categories of Archeological Materials From the Paleolithic Period
Through the Tang Dynasty and Monumental Sculpture and Wall Art At Least 250
Years Old and replacing Article 1 and 2 in the original text with the revised version
attached in the Appendix (please see the Chinese text in the Appendix)
SACH also has the honor to accept your Embassys proposal to develop an
agreement on validity renewal and text revision of the MOU based on the note
correspondences between us The new agreement shall come into force on January
14 2014 and be put into implementation on the date of reply by SACH
SACH avails itself of this opportunity to renew to the Embassy of the United States
the assurances of its highest consideration
January 8 2014
Encl As mentioned above
CC Ministry of Foreign Affairs of the Peoples Republic of China
tp rfA~-J2fa ~ ~~A~JEO
State Administration ofCultural Heritage Peoples Republic of China
SACH-2014-001
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ARTICLE I
I The Government of the United States of America in accordance with its
legislation entitled the Convention on Cultural Property Implementation Act shall
restrict the importation into the United States of archaeological material originating in
China and representing Chinas cultural heritage from the Paleolithic Period through
the end of the Tang Dynasty (AD 907) and of monumental sculpture and wall art at
least 250 years old including categories of metal ceramic stone textiles other
organic material glass and painting identified on a list to be promulgated by the
United States Government (hereinafter known as the Designated List) unless the
Government of the Peoples Republic of China issues a license or other documentation
which certifies that such exportation was not in violation of its laws For the purposes
of this Memorandum of Understanding the restricted Paleolithic objects date from
approximately 75000 BC
2 The Government of the United States of America shall offer for return to the
Government of the Peoples Republic of China any material on the Designated List
forfeited to the Government of the United States of America
3 Such import restrictions shall become effective on the date the Designated List
is published by the Department of Homeland Security in the US Federal Register the
official United States Government publication providing fair public notice
ARTICLE II
1 Representatives of the Government of the United States of America and
representatives of the Government of the Peoples Republic of China shall regularly
publicize this Memorandum of Understanding and the reasons for it through available
outlets of communication
- 2 shy
2 The Government of the Peoples Republic of China shall expand efforts to
educate its citizens about the long term importance of safeguarding its rich cultural
heritage and that of other countries a principle embodied in the 1970 UNESCO
Convention
3 The Government of the Peoples Republic of China shall use its best efforts to
make use of surface surveys in order to inventory sites and to broaden archaeological
research and enhance public awareness of its importance
4 The Government of the Peoples Republic of China shall use its best efforts to
increase funding and professional resources for the protection of cultural heritage
throughout the country
5 The Government of the Peoples Republic of China shall take measures to
improve the effectiveness of its customs officers in order to (I) stop the illicit
exportation of cultural property at borders and ports and (2) recognize Chinese
archaeological material and its value to the heritage The Government of the United
States of America shall use its best efforts to improve the ability of its customs ot1icers
to recognize Chinese archaeological material and as appropriate facilitate assistance
to China for the training of its customs oniccrs
6 The Government of the Peoples Republic of China shall make every effort to
stop archaeological material looted or stolen from the Mainland from entering the
Hong Kong Special Administrative Region and the Macao Special Administrative
Region with the goal of eliminating the illicit trade in these regions
7 The Government of the United States of America recognizes that the
Government of the Peoples Republic of China permits the international interchange of
archaeological materials for cultural educational and scientific purposes to enable
widespread public appreciation of and legal access to Chinas rich cultural heritage
- 3 shy
The Government of the Peoples Republic of China agrees to use its best dforts to
further such interchange in the following ways
(l) promote long-term loans of archa1ological obje1ts of significant
interest to a broad cross-section of American museums for publi1 1xhibition
education and research purposes
(2) promote increased institution-lo-institution collaboration in the fidd or
art history and in other humanistic and academic disciplines relating to the
archaeological heritage of China
(3) promote the exchange of students and professionals in such fields as
archaeology art history conservation museum curatorial practices and
cultural heritage management between appropriate Chinese and US
institutions and
(4) facilitate the granting of permits to conduct ar1haeologi1al research in
China
8 The Government of the United States of America shall use its best efforts to
facilitate technical assistance to the Government of the Peoples Republic of China in
pursuit of preserving its cultural heritage by such means as creating a national
preservation strategy improving rescue archaeology stabilizing and restoring
sitesbuildings enhancing the capacity of museums to preserve and exhibit collections
and strengthening regulation of the cultural relics market
9 The Government of the Peoples Republic of China shall continue to license
the sale and export of certain antiquities as provided by law and will explore ways to
make more of these objects available licitly
10 Recognizing that pursuant to this Memorandum of Understanding museums
in the United States will be restricted from acquiring 1ertain archaeological objects
the Government of the Peoples Republic of China agrees that its museums will
similarly refrain from acquiring such restricted archaeological objects that arc looted
-4shy
and illegally exported from Mainland China to destinations abroad unless the seller or
donor provides evidence of legal export from Mainland China or verifiable
documentation that the item left Mainland China prior to the imposition of US import
restrictions This will apply to purchases made outside Mainland China by any
museum in Mainland China and only to the categories of objects representing Chinas
cultural heritage from the Paleolithic Period through the end of the Tang Dynasty
(AD 907) and monumental sculpture and wall art at least 250 years old as covered
by this Memorandum of Understanding
11 The Government of the Peoples Republic of China shall seek to improve
regulation of its internal market for antiquities
12 Both Governments agree that in order for United States import restrictions to
be most successful in thwarting pillage the Government of the Peoples Republic of
China shall endeavor to strengthen regional cooperation within Asia for the protection
of cultural patrimony and in the effort to deter further pillage in China shall seek
increased cooperation from other importing nations to restrict the import of looted
archaeological material originating in China
13 To strengthen the cooperation between the two countries the Government of
the Peoples Republic of China shall regularly provide the Government of the United
States with information concerning the implementation of this Memorandum of
Understanding and as appropriate the Government of the United States shall provide
information to the Government of the Peoples Republic of China that strengthens the
ability of both countries to enforce applicable laws and regulations to reduce illicit
trafficking in cultural property
- 5 shy
ARTICLE III
The obligations of both Governments and the activities carried out under this
Memorandum of Understanding shall be subject to the laws and regulations of each
country as applicable including the availability of funds
ARTICLE IV
I This Memorandum of Understanding shall enter into force upon signature It
shall remain in force for a period of five years
2 This Memorandum of Understanding may be amended or extended upon
written agreement of the two Governments
3 The effectiveness of this Memorandum of Understanding shall be subject to
review in order to determine before the expiration of the five year period of this
Memorandum of Understanding whether it should be extended
IN WITNESS WHEREOF the undersigned being duly authorized by their
respective Governments have signed the present Memorandum of Understanding
DONE at Washington in duplicate this~ day of~ 2009 in the English
and Chinese languages both texts being equally authentic
FOR THE GOVERNMENT OF FOR THE GOVERNMENT OF
THE UNITED STATES OF AMERICA THE PEOPLES REPUBLIC
OF CHINA
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________________________________________________________________________
TREATIES AND OTHER INTERNATIONAL ACTS SERIES 14-108
CULTURAL PROPERTY
Agreement Between the
UNITED STATES OF AMERICA
and CHINA
Amending and Extending
Memorandum of Understanding of
January 14 2009
Effected by Exchange of Notes at
Beijing January 6 and 8 2014
NOTE BY THE DEPARTMENT OF STATE
Pursuant to Public Law 89mdash497 approved July 8 1966 (80 Stat 271 1 USC 113)mdash
ldquo 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 thereofrdquo
CHINA
Cultural Property
Agreement amending and extending memorandum of understanding of January 14 2009
Effected by exchange of notes at Beijing January 6 and 8 2014
Entered into force January 8 2014 With effect from January 14 2014
No 0008
The Embassy ofthe United States ofAmerica presents its compliments to the State
Administration for Cultural Heritage of the Peoples Republic ofChinaand has the honor to
refer to the Memorandum ofUnderstanding Concerning the Imposition of Import Restrictions on
Categories ofArchaeological Material from the Paleolithic Period Through the Tang Dynasty
and Monumental Sculpture and Wall Art at least 250 Years Old signed at Washington January
14 2009 hereinafter referred to as the MOU)
The Embassy on behalfof the Government ofthe United States ofAmerica has the
honor to propose that pursuant to Article IV1 and 2 of the MOU the MOU be extended for an
additional five-year period
The Embassy has the further honor to propose that pursuant to Article IV 2 ofthe MOU
the MOU be amended by replacing Article II with the attached revised Article II The Embassy
also has the honor to propose an amendment to Article I ofthe MOU The proposed amendment
to Article I is attached
Ifthe foregoing proposals are acceptable to the State Administration the Embassy
proposes that this note including the attached revised Article I and Article II and the State
Administrations note in reply shall constitute an agreement to extend and amend the MOU
which shall enter into force on the date of the State Administrations note in reply and shall take
effect on January 14 2014
The Embassy of the United States of America takes this opportunity to renew to the State
Administration for Cultural Heritage of the Peoples Republic of China the assurances of its
highest consideration
DIPLOMATIC NOTE
Attachments
As stated
Embassy of the United States ofAmerica
Beijing January 06 2014
Amendment to Article I ot tile Memorudum of Understanding (2009)
Current Article I 1 The Government ofthe United States ofAmerica in accordance with its legislation entitled the Convention on Cultural Property Implementation Act shaU restrict the importation into the United States of archaeological material originating in China and representing Chinas cultural heritage from the Paleolithic Period through the end of the Tang Dynasty (AD 907) and ofmonumental sculpture and wall art at least 250 years old including categories of metal ceramic stone textiles other organic material glass and painting identified on a list to be promulgated by the United States Government (hereinafter known as the ~Designated List) unless the Government of the Peoples Republic of China issues a license or other documentation which certifies that such exportation was not in violation of its laws For the purposes of this Memorandum of Understanding the restricted Paleolithic objects date from approximately 75000 BC
Insert as ofJanuary 14 2009 the date this MOU entered into force
Amended Article I 1 The Government of the United States of America in accordance with its legislation entitled the Convention on Cultural Property Implementation Act shall restrict the importation into the United States of archaeological material originating in China and representing Chinas cultural heritage from the Paleolithic Period through the end of the Tang Dynasty (AD 907) and of monumental sculpture and wall art at least 250 years old as of January 14 2009 the date this MOU entered into force including categories of metal ceramic stone textiles other organic material glass and painting identified on a list to be promulgated by the United States Government (hereinafter known as the Designated List) unless the Government of the Peoples Republic of China issues a license or other documentation which certifies that such exportation was not in violation of its laws For the purposes of this Memorandum of Understanding the restricted Paleolithic objects date from approximately 75000 BC
United States ofAmerica - Peoples Republic of China Memorandum of Understanding Extension 2014
Revised Article n
PubJic Awareness I Outreach
1 Representatives ofthe Government ofthe People~s Republic ofChina and representatives ofthe Government ofthe United States ofAmerica shall regularly publicize this Memorandum of Understanding and the reasons for it through available outlets ofcommunication
2 The Government ofthe Peoples Republic ofChina and the Government of the United States ofAmerica shall continue to raise public awareness about the long-term importance ofprotecting cultural heritage ftom looting and destruction in the spirit of UNESCO 1970 Convention
Protection I Conservation
3 The Government ofthe Peoples Republic ofChina shall continue its best efforts to inventory collections ofmoveable cuJfural objects to make use ofsurface surveys in order to inventory archaeological sites and t-0 increase research-based archaeology and enhance public awareness ofits importance
4 The Government ofthe Peoples Republic ofChina shall use its best efforts to train and deploy professional security guards and expand the use ofsecurity technology with the aim ofreducing piUage ofcultural property throughout the country especially in remote and high risk areas and shall enhance awareness among government officials and employees ofChinese archeological material and its value to Chinas heritage
5 The Government ofthe Peoples Republic ofChina shall use its best efforts to promote education in museum studies archaeology and cultural resource management Both nations will seek to support these efforts through available existing programs and other means ofcooperation
6 The Government of the United States ofAmerica shall use its best efforts to facilitate technical assistance to the Government ofthe Peoples Republic ofChina with the aim ofpreserving its cultural heritage by such means as improving cultural resource management stabilizing and restoring monuments and sites enhancing capacity for risk prevention in heritage sites and museums and enhancing the capacity of museums to preserve and exhibit collections of its ancient heritage
Collaboration I Interchange
7 The Government ofthe United States ofAmerica recognizes that the Government of the Peoples Republic ofChina permits the international interchange of archaeological materials for cultural educational and scientific purposes to enable widespread public appreciation ofand legal access to Chinas rich cultural heritage The Government ofthe Peoptebulls Republic ofChina agrees to use its best efforts to
further such interchange by
(1) continuing to encourage museum Joans ofarchaeological material including recently excavated objects for research and public display purposes
(2) encouraging Chinese museums to carry out joint efforts with American counterparts including but not limited to finalizing in a timely manner relevant contracts and lists ofobjects loaned and minimizing the logistical difficulties accompanying the exhibition
(3) facilitating the approval ofloan exhibitions to the United States ofAmerica allowing objects in an exhibition to remain outside China for up to two years increasing the number ofGrade l objects allowed in an exhibition and considering longer-term loans ofup to five years ofa limited number ofobjects
(4) facilitating the granting ofpermits to conduct archaeological research in China by streamlining and further clarifying the application process
8 With respect to Chinese cultural objects that meet the following four conditions a) legally exported as part ofa private collection ofChinese heirlooms b) legally transferred among owners c) purchased and imported by residents ofChina and d) declared upon import to China and registered with the relevant authorities the Government ofthe Peoples Republic ofChina shall seek legislative action that permits their re-export
Law Enforcement
9 The Government ofthe Peoples Republic ofChina shall continue measures to improve the effectiveness of its customs officers to stop the illicit exportation of cultural property at borders and ports The Government ofthe United States of America shall increase its efforts to improve the ability of its customs officers to recognize Chinese archaeological material and as appropriate facilitate assistance to China for the training of its customs officers
l 0 The Central Government ofthe Peoples Republic ofChina shall increase joint efforts with the Hong Kong Special Administrative Region and the Macao Special Administrative Region to stop archaeological material looted or stolen from the Chinese mainland from being trafficked into and out ofthese regions
11 The Government of the Peoples Republic ofChina shall seek to further implement regulation of its internal market for antiquities with the aim ofreducing unauthorized transactions
12 Both Governments agree that in order for United States import restrictions to be most successful in thwarting pillage the Government ofthe Peoples Republic of China shall endeavor to strengthen regional cooperation within Asia for the protection of cultural heritage and in the effort to deter further pillage in China shall seek increased cooperation from other importing nations to restrict the import oflootcd archaeological material originating in China
Information Sharing
13To strengthen the cooperation between the two countries
1) the Government ofPeoples Republic ofChina shall provide annually to the Government ofthe United States ofAmerica infonnation and statistics about crimes oftheft clandestine excavation trafficking (illicittrade and smuggling) and abuse of official power an~ as it becomes available information about prosecutions and convictions pertinent to the MOU
2) as itbecomes available and appropriate~ the Government ofthe United States of America shall share information with the Government ofPeoples Republic ofChina regarding trafficking (illicit trade and smuggling) ofChinese cultural property in order to strengthen the ability of both countries to enforce applicable laws and regulations to reduce this trafficking
cp ~A~J~fa~~ A1MJ State Administration of Cultural Heritage
Peoples Republic of China
Informal translation SACH-2014-001
Note verbale
The State Administration of Cultural Heritage of the Peoples Republic of China
presents its compliments to the Embassy of the United States of America and has the
honor to inform your Embassy that your Diplomatic Note No0008 dated January 6
2014 has been received
On Behalf of the Government of the Peoples Republic of China SACH accepts your
Embassys proposal renewing for five more years the validity of the Memorandum of
Understanding Between the Government of the United States of America and the
Government of the Peoples Republic of China Concerning The Imposition of Import
Restrictions on Categories of Archeological Materials From the Paleolithic Period
Through the Tang Dynasty and Monumental Sculpture and Wall Art At Least 250
Years Old and replacing Article 1 and 2 in the original text with the revised version
attached in the Appendix (please see the Chinese text in the Appendix)
SACH also has the honor to accept your Embassys proposal to develop an
agreement on validity renewal and text revision of the MOU based on the note
correspondences between us The new agreement shall come into force on January
14 2014 and be put into implementation on the date of reply by SACH
SACH avails itself of this opportunity to renew to the Embassy of the United States
the assurances of its highest consideration
January 8 2014
Encl As mentioned above
CC Ministry of Foreign Affairs of the Peoples Republic of China
tp rfA~-J2fa ~ ~~A~JEO
State Administration ofCultural Heritage Peoples Republic of China
SACH-2014-001
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2 The Government of the Peoples Republic of China shall expand efforts to
educate its citizens about the long term importance of safeguarding its rich cultural
heritage and that of other countries a principle embodied in the 1970 UNESCO
Convention
3 The Government of the Peoples Republic of China shall use its best efforts to
make use of surface surveys in order to inventory sites and to broaden archaeological
research and enhance public awareness of its importance
4 The Government of the Peoples Republic of China shall use its best efforts to
increase funding and professional resources for the protection of cultural heritage
throughout the country
5 The Government of the Peoples Republic of China shall take measures to
improve the effectiveness of its customs officers in order to (I) stop the illicit
exportation of cultural property at borders and ports and (2) recognize Chinese
archaeological material and its value to the heritage The Government of the United
States of America shall use its best efforts to improve the ability of its customs ot1icers
to recognize Chinese archaeological material and as appropriate facilitate assistance
to China for the training of its customs oniccrs
6 The Government of the Peoples Republic of China shall make every effort to
stop archaeological material looted or stolen from the Mainland from entering the
Hong Kong Special Administrative Region and the Macao Special Administrative
Region with the goal of eliminating the illicit trade in these regions
7 The Government of the United States of America recognizes that the
Government of the Peoples Republic of China permits the international interchange of
archaeological materials for cultural educational and scientific purposes to enable
widespread public appreciation of and legal access to Chinas rich cultural heritage
- 3 shy
The Government of the Peoples Republic of China agrees to use its best dforts to
further such interchange in the following ways
(l) promote long-term loans of archa1ological obje1ts of significant
interest to a broad cross-section of American museums for publi1 1xhibition
education and research purposes
(2) promote increased institution-lo-institution collaboration in the fidd or
art history and in other humanistic and academic disciplines relating to the
archaeological heritage of China
(3) promote the exchange of students and professionals in such fields as
archaeology art history conservation museum curatorial practices and
cultural heritage management between appropriate Chinese and US
institutions and
(4) facilitate the granting of permits to conduct ar1haeologi1al research in
China
8 The Government of the United States of America shall use its best efforts to
facilitate technical assistance to the Government of the Peoples Republic of China in
pursuit of preserving its cultural heritage by such means as creating a national
preservation strategy improving rescue archaeology stabilizing and restoring
sitesbuildings enhancing the capacity of museums to preserve and exhibit collections
and strengthening regulation of the cultural relics market
9 The Government of the Peoples Republic of China shall continue to license
the sale and export of certain antiquities as provided by law and will explore ways to
make more of these objects available licitly
10 Recognizing that pursuant to this Memorandum of Understanding museums
in the United States will be restricted from acquiring 1ertain archaeological objects
the Government of the Peoples Republic of China agrees that its museums will
similarly refrain from acquiring such restricted archaeological objects that arc looted
-4shy
and illegally exported from Mainland China to destinations abroad unless the seller or
donor provides evidence of legal export from Mainland China or verifiable
documentation that the item left Mainland China prior to the imposition of US import
restrictions This will apply to purchases made outside Mainland China by any
museum in Mainland China and only to the categories of objects representing Chinas
cultural heritage from the Paleolithic Period through the end of the Tang Dynasty
(AD 907) and monumental sculpture and wall art at least 250 years old as covered
by this Memorandum of Understanding
11 The Government of the Peoples Republic of China shall seek to improve
regulation of its internal market for antiquities
12 Both Governments agree that in order for United States import restrictions to
be most successful in thwarting pillage the Government of the Peoples Republic of
China shall endeavor to strengthen regional cooperation within Asia for the protection
of cultural patrimony and in the effort to deter further pillage in China shall seek
increased cooperation from other importing nations to restrict the import of looted
archaeological material originating in China
13 To strengthen the cooperation between the two countries the Government of
the Peoples Republic of China shall regularly provide the Government of the United
States with information concerning the implementation of this Memorandum of
Understanding and as appropriate the Government of the United States shall provide
information to the Government of the Peoples Republic of China that strengthens the
ability of both countries to enforce applicable laws and regulations to reduce illicit
trafficking in cultural property
- 5 shy
ARTICLE III
The obligations of both Governments and the activities carried out under this
Memorandum of Understanding shall be subject to the laws and regulations of each
country as applicable including the availability of funds
ARTICLE IV
I This Memorandum of Understanding shall enter into force upon signature It
shall remain in force for a period of five years
2 This Memorandum of Understanding may be amended or extended upon
written agreement of the two Governments
3 The effectiveness of this Memorandum of Understanding shall be subject to
review in order to determine before the expiration of the five year period of this
Memorandum of Understanding whether it should be extended
IN WITNESS WHEREOF the undersigned being duly authorized by their
respective Governments have signed the present Memorandum of Understanding
DONE at Washington in duplicate this~ day of~ 2009 in the English
and Chinese languages both texts being equally authentic
FOR THE GOVERNMENT OF FOR THE GOVERNMENT OF
THE UNITED STATES OF AMERICA THE PEOPLES REPUBLIC
OF CHINA
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________________________________________________________________________
TREATIES AND OTHER INTERNATIONAL ACTS SERIES 14-108
CULTURAL PROPERTY
Agreement Between the
UNITED STATES OF AMERICA
and CHINA
Amending and Extending
Memorandum of Understanding of
January 14 2009
Effected by Exchange of Notes at
Beijing January 6 and 8 2014
NOTE BY THE DEPARTMENT OF STATE
Pursuant to Public Law 89mdash497 approved July 8 1966 (80 Stat 271 1 USC 113)mdash
ldquo 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 thereofrdquo
CHINA
Cultural Property
Agreement amending and extending memorandum of understanding of January 14 2009
Effected by exchange of notes at Beijing January 6 and 8 2014
Entered into force January 8 2014 With effect from January 14 2014
No 0008
The Embassy ofthe United States ofAmerica presents its compliments to the State
Administration for Cultural Heritage of the Peoples Republic ofChinaand has the honor to
refer to the Memorandum ofUnderstanding Concerning the Imposition of Import Restrictions on
Categories ofArchaeological Material from the Paleolithic Period Through the Tang Dynasty
and Monumental Sculpture and Wall Art at least 250 Years Old signed at Washington January
14 2009 hereinafter referred to as the MOU)
The Embassy on behalfof the Government ofthe United States ofAmerica has the
honor to propose that pursuant to Article IV1 and 2 of the MOU the MOU be extended for an
additional five-year period
The Embassy has the further honor to propose that pursuant to Article IV 2 ofthe MOU
the MOU be amended by replacing Article II with the attached revised Article II The Embassy
also has the honor to propose an amendment to Article I ofthe MOU The proposed amendment
to Article I is attached
Ifthe foregoing proposals are acceptable to the State Administration the Embassy
proposes that this note including the attached revised Article I and Article II and the State
Administrations note in reply shall constitute an agreement to extend and amend the MOU
which shall enter into force on the date of the State Administrations note in reply and shall take
effect on January 14 2014
The Embassy of the United States of America takes this opportunity to renew to the State
Administration for Cultural Heritage of the Peoples Republic of China the assurances of its
highest consideration
DIPLOMATIC NOTE
Attachments
As stated
Embassy of the United States ofAmerica
Beijing January 06 2014
Amendment to Article I ot tile Memorudum of Understanding (2009)
Current Article I 1 The Government ofthe United States ofAmerica in accordance with its legislation entitled the Convention on Cultural Property Implementation Act shaU restrict the importation into the United States of archaeological material originating in China and representing Chinas cultural heritage from the Paleolithic Period through the end of the Tang Dynasty (AD 907) and ofmonumental sculpture and wall art at least 250 years old including categories of metal ceramic stone textiles other organic material glass and painting identified on a list to be promulgated by the United States Government (hereinafter known as the ~Designated List) unless the Government of the Peoples Republic of China issues a license or other documentation which certifies that such exportation was not in violation of its laws For the purposes of this Memorandum of Understanding the restricted Paleolithic objects date from approximately 75000 BC
Insert as ofJanuary 14 2009 the date this MOU entered into force
Amended Article I 1 The Government of the United States of America in accordance with its legislation entitled the Convention on Cultural Property Implementation Act shall restrict the importation into the United States of archaeological material originating in China and representing Chinas cultural heritage from the Paleolithic Period through the end of the Tang Dynasty (AD 907) and of monumental sculpture and wall art at least 250 years old as of January 14 2009 the date this MOU entered into force including categories of metal ceramic stone textiles other organic material glass and painting identified on a list to be promulgated by the United States Government (hereinafter known as the Designated List) unless the Government of the Peoples Republic of China issues a license or other documentation which certifies that such exportation was not in violation of its laws For the purposes of this Memorandum of Understanding the restricted Paleolithic objects date from approximately 75000 BC
United States ofAmerica - Peoples Republic of China Memorandum of Understanding Extension 2014
Revised Article n
PubJic Awareness I Outreach
1 Representatives ofthe Government ofthe People~s Republic ofChina and representatives ofthe Government ofthe United States ofAmerica shall regularly publicize this Memorandum of Understanding and the reasons for it through available outlets ofcommunication
2 The Government ofthe Peoples Republic ofChina and the Government of the United States ofAmerica shall continue to raise public awareness about the long-term importance ofprotecting cultural heritage ftom looting and destruction in the spirit of UNESCO 1970 Convention
Protection I Conservation
3 The Government ofthe Peoples Republic ofChina shall continue its best efforts to inventory collections ofmoveable cuJfural objects to make use ofsurface surveys in order to inventory archaeological sites and t-0 increase research-based archaeology and enhance public awareness ofits importance
4 The Government ofthe Peoples Republic ofChina shall use its best efforts to train and deploy professional security guards and expand the use ofsecurity technology with the aim ofreducing piUage ofcultural property throughout the country especially in remote and high risk areas and shall enhance awareness among government officials and employees ofChinese archeological material and its value to Chinas heritage
5 The Government ofthe Peoples Republic ofChina shall use its best efforts to promote education in museum studies archaeology and cultural resource management Both nations will seek to support these efforts through available existing programs and other means ofcooperation
6 The Government of the United States ofAmerica shall use its best efforts to facilitate technical assistance to the Government ofthe Peoples Republic ofChina with the aim ofpreserving its cultural heritage by such means as improving cultural resource management stabilizing and restoring monuments and sites enhancing capacity for risk prevention in heritage sites and museums and enhancing the capacity of museums to preserve and exhibit collections of its ancient heritage
Collaboration I Interchange
7 The Government ofthe United States ofAmerica recognizes that the Government of the Peoples Republic ofChina permits the international interchange of archaeological materials for cultural educational and scientific purposes to enable widespread public appreciation ofand legal access to Chinas rich cultural heritage The Government ofthe Peoptebulls Republic ofChina agrees to use its best efforts to
further such interchange by
(1) continuing to encourage museum Joans ofarchaeological material including recently excavated objects for research and public display purposes
(2) encouraging Chinese museums to carry out joint efforts with American counterparts including but not limited to finalizing in a timely manner relevant contracts and lists ofobjects loaned and minimizing the logistical difficulties accompanying the exhibition
(3) facilitating the approval ofloan exhibitions to the United States ofAmerica allowing objects in an exhibition to remain outside China for up to two years increasing the number ofGrade l objects allowed in an exhibition and considering longer-term loans ofup to five years ofa limited number ofobjects
(4) facilitating the granting ofpermits to conduct archaeological research in China by streamlining and further clarifying the application process
8 With respect to Chinese cultural objects that meet the following four conditions a) legally exported as part ofa private collection ofChinese heirlooms b) legally transferred among owners c) purchased and imported by residents ofChina and d) declared upon import to China and registered with the relevant authorities the Government ofthe Peoples Republic ofChina shall seek legislative action that permits their re-export
Law Enforcement
9 The Government ofthe Peoples Republic ofChina shall continue measures to improve the effectiveness of its customs officers to stop the illicit exportation of cultural property at borders and ports The Government ofthe United States of America shall increase its efforts to improve the ability of its customs officers to recognize Chinese archaeological material and as appropriate facilitate assistance to China for the training of its customs officers
l 0 The Central Government ofthe Peoples Republic ofChina shall increase joint efforts with the Hong Kong Special Administrative Region and the Macao Special Administrative Region to stop archaeological material looted or stolen from the Chinese mainland from being trafficked into and out ofthese regions
11 The Government of the Peoples Republic ofChina shall seek to further implement regulation of its internal market for antiquities with the aim ofreducing unauthorized transactions
12 Both Governments agree that in order for United States import restrictions to be most successful in thwarting pillage the Government ofthe Peoples Republic of China shall endeavor to strengthen regional cooperation within Asia for the protection of cultural heritage and in the effort to deter further pillage in China shall seek increased cooperation from other importing nations to restrict the import oflootcd archaeological material originating in China
Information Sharing
13To strengthen the cooperation between the two countries
1) the Government ofPeoples Republic ofChina shall provide annually to the Government ofthe United States ofAmerica infonnation and statistics about crimes oftheft clandestine excavation trafficking (illicittrade and smuggling) and abuse of official power an~ as it becomes available information about prosecutions and convictions pertinent to the MOU
2) as itbecomes available and appropriate~ the Government ofthe United States of America shall share information with the Government ofPeoples Republic ofChina regarding trafficking (illicit trade and smuggling) ofChinese cultural property in order to strengthen the ability of both countries to enforce applicable laws and regulations to reduce this trafficking
cp ~A~J~fa~~ A1MJ State Administration of Cultural Heritage
Peoples Republic of China
Informal translation SACH-2014-001
Note verbale
The State Administration of Cultural Heritage of the Peoples Republic of China
presents its compliments to the Embassy of the United States of America and has the
honor to inform your Embassy that your Diplomatic Note No0008 dated January 6
2014 has been received
On Behalf of the Government of the Peoples Republic of China SACH accepts your
Embassys proposal renewing for five more years the validity of the Memorandum of
Understanding Between the Government of the United States of America and the
Government of the Peoples Republic of China Concerning The Imposition of Import
Restrictions on Categories of Archeological Materials From the Paleolithic Period
Through the Tang Dynasty and Monumental Sculpture and Wall Art At Least 250
Years Old and replacing Article 1 and 2 in the original text with the revised version
attached in the Appendix (please see the Chinese text in the Appendix)
SACH also has the honor to accept your Embassys proposal to develop an
agreement on validity renewal and text revision of the MOU based on the note
correspondences between us The new agreement shall come into force on January
14 2014 and be put into implementation on the date of reply by SACH
SACH avails itself of this opportunity to renew to the Embassy of the United States
the assurances of its highest consideration
January 8 2014
Encl As mentioned above
CC Ministry of Foreign Affairs of the Peoples Republic of China
tp rfA~-J2fa ~ ~~A~JEO
State Administration ofCultural Heritage Peoples Republic of China
SACH-2014-001
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The Government of the Peoples Republic of China agrees to use its best dforts to
further such interchange in the following ways
(l) promote long-term loans of archa1ological obje1ts of significant
interest to a broad cross-section of American museums for publi1 1xhibition
education and research purposes
(2) promote increased institution-lo-institution collaboration in the fidd or
art history and in other humanistic and academic disciplines relating to the
archaeological heritage of China
(3) promote the exchange of students and professionals in such fields as
archaeology art history conservation museum curatorial practices and
cultural heritage management between appropriate Chinese and US
institutions and
(4) facilitate the granting of permits to conduct ar1haeologi1al research in
China
8 The Government of the United States of America shall use its best efforts to
facilitate technical assistance to the Government of the Peoples Republic of China in
pursuit of preserving its cultural heritage by such means as creating a national
preservation strategy improving rescue archaeology stabilizing and restoring
sitesbuildings enhancing the capacity of museums to preserve and exhibit collections
and strengthening regulation of the cultural relics market
9 The Government of the Peoples Republic of China shall continue to license
the sale and export of certain antiquities as provided by law and will explore ways to
make more of these objects available licitly
10 Recognizing that pursuant to this Memorandum of Understanding museums
in the United States will be restricted from acquiring 1ertain archaeological objects
the Government of the Peoples Republic of China agrees that its museums will
similarly refrain from acquiring such restricted archaeological objects that arc looted
-4shy
and illegally exported from Mainland China to destinations abroad unless the seller or
donor provides evidence of legal export from Mainland China or verifiable
documentation that the item left Mainland China prior to the imposition of US import
restrictions This will apply to purchases made outside Mainland China by any
museum in Mainland China and only to the categories of objects representing Chinas
cultural heritage from the Paleolithic Period through the end of the Tang Dynasty
(AD 907) and monumental sculpture and wall art at least 250 years old as covered
by this Memorandum of Understanding
11 The Government of the Peoples Republic of China shall seek to improve
regulation of its internal market for antiquities
12 Both Governments agree that in order for United States import restrictions to
be most successful in thwarting pillage the Government of the Peoples Republic of
China shall endeavor to strengthen regional cooperation within Asia for the protection
of cultural patrimony and in the effort to deter further pillage in China shall seek
increased cooperation from other importing nations to restrict the import of looted
archaeological material originating in China
13 To strengthen the cooperation between the two countries the Government of
the Peoples Republic of China shall regularly provide the Government of the United
States with information concerning the implementation of this Memorandum of
Understanding and as appropriate the Government of the United States shall provide
information to the Government of the Peoples Republic of China that strengthens the
ability of both countries to enforce applicable laws and regulations to reduce illicit
trafficking in cultural property
- 5 shy
ARTICLE III
The obligations of both Governments and the activities carried out under this
Memorandum of Understanding shall be subject to the laws and regulations of each
country as applicable including the availability of funds
ARTICLE IV
I This Memorandum of Understanding shall enter into force upon signature It
shall remain in force for a period of five years
2 This Memorandum of Understanding may be amended or extended upon
written agreement of the two Governments
3 The effectiveness of this Memorandum of Understanding shall be subject to
review in order to determine before the expiration of the five year period of this
Memorandum of Understanding whether it should be extended
IN WITNESS WHEREOF the undersigned being duly authorized by their
respective Governments have signed the present Memorandum of Understanding
DONE at Washington in duplicate this~ day of~ 2009 in the English
and Chinese languages both texts being equally authentic
FOR THE GOVERNMENT OF FOR THE GOVERNMENT OF
THE UNITED STATES OF AMERICA THE PEOPLES REPUBLIC
OF CHINA
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________________________________________________________________________
TREATIES AND OTHER INTERNATIONAL ACTS SERIES 14-108
CULTURAL PROPERTY
Agreement Between the
UNITED STATES OF AMERICA
and CHINA
Amending and Extending
Memorandum of Understanding of
January 14 2009
Effected by Exchange of Notes at
Beijing January 6 and 8 2014
NOTE BY THE DEPARTMENT OF STATE
Pursuant to Public Law 89mdash497 approved July 8 1966 (80 Stat 271 1 USC 113)mdash
ldquo 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 thereofrdquo
CHINA
Cultural Property
Agreement amending and extending memorandum of understanding of January 14 2009
Effected by exchange of notes at Beijing January 6 and 8 2014
Entered into force January 8 2014 With effect from January 14 2014
No 0008
The Embassy ofthe United States ofAmerica presents its compliments to the State
Administration for Cultural Heritage of the Peoples Republic ofChinaand has the honor to
refer to the Memorandum ofUnderstanding Concerning the Imposition of Import Restrictions on
Categories ofArchaeological Material from the Paleolithic Period Through the Tang Dynasty
and Monumental Sculpture and Wall Art at least 250 Years Old signed at Washington January
14 2009 hereinafter referred to as the MOU)
The Embassy on behalfof the Government ofthe United States ofAmerica has the
honor to propose that pursuant to Article IV1 and 2 of the MOU the MOU be extended for an
additional five-year period
The Embassy has the further honor to propose that pursuant to Article IV 2 ofthe MOU
the MOU be amended by replacing Article II with the attached revised Article II The Embassy
also has the honor to propose an amendment to Article I ofthe MOU The proposed amendment
to Article I is attached
Ifthe foregoing proposals are acceptable to the State Administration the Embassy
proposes that this note including the attached revised Article I and Article II and the State
Administrations note in reply shall constitute an agreement to extend and amend the MOU
which shall enter into force on the date of the State Administrations note in reply and shall take
effect on January 14 2014
The Embassy of the United States of America takes this opportunity to renew to the State
Administration for Cultural Heritage of the Peoples Republic of China the assurances of its
highest consideration
DIPLOMATIC NOTE
Attachments
As stated
Embassy of the United States ofAmerica
Beijing January 06 2014
Amendment to Article I ot tile Memorudum of Understanding (2009)
Current Article I 1 The Government ofthe United States ofAmerica in accordance with its legislation entitled the Convention on Cultural Property Implementation Act shaU restrict the importation into the United States of archaeological material originating in China and representing Chinas cultural heritage from the Paleolithic Period through the end of the Tang Dynasty (AD 907) and ofmonumental sculpture and wall art at least 250 years old including categories of metal ceramic stone textiles other organic material glass and painting identified on a list to be promulgated by the United States Government (hereinafter known as the ~Designated List) unless the Government of the Peoples Republic of China issues a license or other documentation which certifies that such exportation was not in violation of its laws For the purposes of this Memorandum of Understanding the restricted Paleolithic objects date from approximately 75000 BC
Insert as ofJanuary 14 2009 the date this MOU entered into force
Amended Article I 1 The Government of the United States of America in accordance with its legislation entitled the Convention on Cultural Property Implementation Act shall restrict the importation into the United States of archaeological material originating in China and representing Chinas cultural heritage from the Paleolithic Period through the end of the Tang Dynasty (AD 907) and of monumental sculpture and wall art at least 250 years old as of January 14 2009 the date this MOU entered into force including categories of metal ceramic stone textiles other organic material glass and painting identified on a list to be promulgated by the United States Government (hereinafter known as the Designated List) unless the Government of the Peoples Republic of China issues a license or other documentation which certifies that such exportation was not in violation of its laws For the purposes of this Memorandum of Understanding the restricted Paleolithic objects date from approximately 75000 BC
United States ofAmerica - Peoples Republic of China Memorandum of Understanding Extension 2014
Revised Article n
PubJic Awareness I Outreach
1 Representatives ofthe Government ofthe People~s Republic ofChina and representatives ofthe Government ofthe United States ofAmerica shall regularly publicize this Memorandum of Understanding and the reasons for it through available outlets ofcommunication
2 The Government ofthe Peoples Republic ofChina and the Government of the United States ofAmerica shall continue to raise public awareness about the long-term importance ofprotecting cultural heritage ftom looting and destruction in the spirit of UNESCO 1970 Convention
Protection I Conservation
3 The Government ofthe Peoples Republic ofChina shall continue its best efforts to inventory collections ofmoveable cuJfural objects to make use ofsurface surveys in order to inventory archaeological sites and t-0 increase research-based archaeology and enhance public awareness ofits importance
4 The Government ofthe Peoples Republic ofChina shall use its best efforts to train and deploy professional security guards and expand the use ofsecurity technology with the aim ofreducing piUage ofcultural property throughout the country especially in remote and high risk areas and shall enhance awareness among government officials and employees ofChinese archeological material and its value to Chinas heritage
5 The Government ofthe Peoples Republic ofChina shall use its best efforts to promote education in museum studies archaeology and cultural resource management Both nations will seek to support these efforts through available existing programs and other means ofcooperation
6 The Government of the United States ofAmerica shall use its best efforts to facilitate technical assistance to the Government ofthe Peoples Republic ofChina with the aim ofpreserving its cultural heritage by such means as improving cultural resource management stabilizing and restoring monuments and sites enhancing capacity for risk prevention in heritage sites and museums and enhancing the capacity of museums to preserve and exhibit collections of its ancient heritage
Collaboration I Interchange
7 The Government ofthe United States ofAmerica recognizes that the Government of the Peoples Republic ofChina permits the international interchange of archaeological materials for cultural educational and scientific purposes to enable widespread public appreciation ofand legal access to Chinas rich cultural heritage The Government ofthe Peoptebulls Republic ofChina agrees to use its best efforts to
further such interchange by
(1) continuing to encourage museum Joans ofarchaeological material including recently excavated objects for research and public display purposes
(2) encouraging Chinese museums to carry out joint efforts with American counterparts including but not limited to finalizing in a timely manner relevant contracts and lists ofobjects loaned and minimizing the logistical difficulties accompanying the exhibition
(3) facilitating the approval ofloan exhibitions to the United States ofAmerica allowing objects in an exhibition to remain outside China for up to two years increasing the number ofGrade l objects allowed in an exhibition and considering longer-term loans ofup to five years ofa limited number ofobjects
(4) facilitating the granting ofpermits to conduct archaeological research in China by streamlining and further clarifying the application process
8 With respect to Chinese cultural objects that meet the following four conditions a) legally exported as part ofa private collection ofChinese heirlooms b) legally transferred among owners c) purchased and imported by residents ofChina and d) declared upon import to China and registered with the relevant authorities the Government ofthe Peoples Republic ofChina shall seek legislative action that permits their re-export
Law Enforcement
9 The Government ofthe Peoples Republic ofChina shall continue measures to improve the effectiveness of its customs officers to stop the illicit exportation of cultural property at borders and ports The Government ofthe United States of America shall increase its efforts to improve the ability of its customs officers to recognize Chinese archaeological material and as appropriate facilitate assistance to China for the training of its customs officers
l 0 The Central Government ofthe Peoples Republic ofChina shall increase joint efforts with the Hong Kong Special Administrative Region and the Macao Special Administrative Region to stop archaeological material looted or stolen from the Chinese mainland from being trafficked into and out ofthese regions
11 The Government of the Peoples Republic ofChina shall seek to further implement regulation of its internal market for antiquities with the aim ofreducing unauthorized transactions
12 Both Governments agree that in order for United States import restrictions to be most successful in thwarting pillage the Government ofthe Peoples Republic of China shall endeavor to strengthen regional cooperation within Asia for the protection of cultural heritage and in the effort to deter further pillage in China shall seek increased cooperation from other importing nations to restrict the import oflootcd archaeological material originating in China
Information Sharing
13To strengthen the cooperation between the two countries
1) the Government ofPeoples Republic ofChina shall provide annually to the Government ofthe United States ofAmerica infonnation and statistics about crimes oftheft clandestine excavation trafficking (illicittrade and smuggling) and abuse of official power an~ as it becomes available information about prosecutions and convictions pertinent to the MOU
2) as itbecomes available and appropriate~ the Government ofthe United States of America shall share information with the Government ofPeoples Republic ofChina regarding trafficking (illicit trade and smuggling) ofChinese cultural property in order to strengthen the ability of both countries to enforce applicable laws and regulations to reduce this trafficking
cp ~A~J~fa~~ A1MJ State Administration of Cultural Heritage
Peoples Republic of China
Informal translation SACH-2014-001
Note verbale
The State Administration of Cultural Heritage of the Peoples Republic of China
presents its compliments to the Embassy of the United States of America and has the
honor to inform your Embassy that your Diplomatic Note No0008 dated January 6
2014 has been received
On Behalf of the Government of the Peoples Republic of China SACH accepts your
Embassys proposal renewing for five more years the validity of the Memorandum of
Understanding Between the Government of the United States of America and the
Government of the Peoples Republic of China Concerning The Imposition of Import
Restrictions on Categories of Archeological Materials From the Paleolithic Period
Through the Tang Dynasty and Monumental Sculpture and Wall Art At Least 250
Years Old and replacing Article 1 and 2 in the original text with the revised version
attached in the Appendix (please see the Chinese text in the Appendix)
SACH also has the honor to accept your Embassys proposal to develop an
agreement on validity renewal and text revision of the MOU based on the note
correspondences between us The new agreement shall come into force on January
14 2014 and be put into implementation on the date of reply by SACH
SACH avails itself of this opportunity to renew to the Embassy of the United States
the assurances of its highest consideration
January 8 2014
Encl As mentioned above
CC Ministry of Foreign Affairs of the Peoples Republic of China
tp rfA~-J2fa ~ ~~A~JEO
State Administration ofCultural Heritage Peoples Republic of China
SACH-2014-001
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and illegally exported from Mainland China to destinations abroad unless the seller or
donor provides evidence of legal export from Mainland China or verifiable
documentation that the item left Mainland China prior to the imposition of US import
restrictions This will apply to purchases made outside Mainland China by any
museum in Mainland China and only to the categories of objects representing Chinas
cultural heritage from the Paleolithic Period through the end of the Tang Dynasty
(AD 907) and monumental sculpture and wall art at least 250 years old as covered
by this Memorandum of Understanding
11 The Government of the Peoples Republic of China shall seek to improve
regulation of its internal market for antiquities
12 Both Governments agree that in order for United States import restrictions to
be most successful in thwarting pillage the Government of the Peoples Republic of
China shall endeavor to strengthen regional cooperation within Asia for the protection
of cultural patrimony and in the effort to deter further pillage in China shall seek
increased cooperation from other importing nations to restrict the import of looted
archaeological material originating in China
13 To strengthen the cooperation between the two countries the Government of
the Peoples Republic of China shall regularly provide the Government of the United
States with information concerning the implementation of this Memorandum of
Understanding and as appropriate the Government of the United States shall provide
information to the Government of the Peoples Republic of China that strengthens the
ability of both countries to enforce applicable laws and regulations to reduce illicit
trafficking in cultural property
- 5 shy
ARTICLE III
The obligations of both Governments and the activities carried out under this
Memorandum of Understanding shall be subject to the laws and regulations of each
country as applicable including the availability of funds
ARTICLE IV
I This Memorandum of Understanding shall enter into force upon signature It
shall remain in force for a period of five years
2 This Memorandum of Understanding may be amended or extended upon
written agreement of the two Governments
3 The effectiveness of this Memorandum of Understanding shall be subject to
review in order to determine before the expiration of the five year period of this
Memorandum of Understanding whether it should be extended
IN WITNESS WHEREOF the undersigned being duly authorized by their
respective Governments have signed the present Memorandum of Understanding
DONE at Washington in duplicate this~ day of~ 2009 in the English
and Chinese languages both texts being equally authentic
FOR THE GOVERNMENT OF FOR THE GOVERNMENT OF
THE UNITED STATES OF AMERICA THE PEOPLES REPUBLIC
OF CHINA
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________________________________________________________________________
TREATIES AND OTHER INTERNATIONAL ACTS SERIES 14-108
CULTURAL PROPERTY
Agreement Between the
UNITED STATES OF AMERICA
and CHINA
Amending and Extending
Memorandum of Understanding of
January 14 2009
Effected by Exchange of Notes at
Beijing January 6 and 8 2014
NOTE BY THE DEPARTMENT OF STATE
Pursuant to Public Law 89mdash497 approved July 8 1966 (80 Stat 271 1 USC 113)mdash
ldquo 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 thereofrdquo
CHINA
Cultural Property
Agreement amending and extending memorandum of understanding of January 14 2009
Effected by exchange of notes at Beijing January 6 and 8 2014
Entered into force January 8 2014 With effect from January 14 2014
No 0008
The Embassy ofthe United States ofAmerica presents its compliments to the State
Administration for Cultural Heritage of the Peoples Republic ofChinaand has the honor to
refer to the Memorandum ofUnderstanding Concerning the Imposition of Import Restrictions on
Categories ofArchaeological Material from the Paleolithic Period Through the Tang Dynasty
and Monumental Sculpture and Wall Art at least 250 Years Old signed at Washington January
14 2009 hereinafter referred to as the MOU)
The Embassy on behalfof the Government ofthe United States ofAmerica has the
honor to propose that pursuant to Article IV1 and 2 of the MOU the MOU be extended for an
additional five-year period
The Embassy has the further honor to propose that pursuant to Article IV 2 ofthe MOU
the MOU be amended by replacing Article II with the attached revised Article II The Embassy
also has the honor to propose an amendment to Article I ofthe MOU The proposed amendment
to Article I is attached
Ifthe foregoing proposals are acceptable to the State Administration the Embassy
proposes that this note including the attached revised Article I and Article II and the State
Administrations note in reply shall constitute an agreement to extend and amend the MOU
which shall enter into force on the date of the State Administrations note in reply and shall take
effect on January 14 2014
The Embassy of the United States of America takes this opportunity to renew to the State
Administration for Cultural Heritage of the Peoples Republic of China the assurances of its
highest consideration
DIPLOMATIC NOTE
Attachments
As stated
Embassy of the United States ofAmerica
Beijing January 06 2014
Amendment to Article I ot tile Memorudum of Understanding (2009)
Current Article I 1 The Government ofthe United States ofAmerica in accordance with its legislation entitled the Convention on Cultural Property Implementation Act shaU restrict the importation into the United States of archaeological material originating in China and representing Chinas cultural heritage from the Paleolithic Period through the end of the Tang Dynasty (AD 907) and ofmonumental sculpture and wall art at least 250 years old including categories of metal ceramic stone textiles other organic material glass and painting identified on a list to be promulgated by the United States Government (hereinafter known as the ~Designated List) unless the Government of the Peoples Republic of China issues a license or other documentation which certifies that such exportation was not in violation of its laws For the purposes of this Memorandum of Understanding the restricted Paleolithic objects date from approximately 75000 BC
Insert as ofJanuary 14 2009 the date this MOU entered into force
Amended Article I 1 The Government of the United States of America in accordance with its legislation entitled the Convention on Cultural Property Implementation Act shall restrict the importation into the United States of archaeological material originating in China and representing Chinas cultural heritage from the Paleolithic Period through the end of the Tang Dynasty (AD 907) and of monumental sculpture and wall art at least 250 years old as of January 14 2009 the date this MOU entered into force including categories of metal ceramic stone textiles other organic material glass and painting identified on a list to be promulgated by the United States Government (hereinafter known as the Designated List) unless the Government of the Peoples Republic of China issues a license or other documentation which certifies that such exportation was not in violation of its laws For the purposes of this Memorandum of Understanding the restricted Paleolithic objects date from approximately 75000 BC
United States ofAmerica - Peoples Republic of China Memorandum of Understanding Extension 2014
Revised Article n
PubJic Awareness I Outreach
1 Representatives ofthe Government ofthe People~s Republic ofChina and representatives ofthe Government ofthe United States ofAmerica shall regularly publicize this Memorandum of Understanding and the reasons for it through available outlets ofcommunication
2 The Government ofthe Peoples Republic ofChina and the Government of the United States ofAmerica shall continue to raise public awareness about the long-term importance ofprotecting cultural heritage ftom looting and destruction in the spirit of UNESCO 1970 Convention
Protection I Conservation
3 The Government ofthe Peoples Republic ofChina shall continue its best efforts to inventory collections ofmoveable cuJfural objects to make use ofsurface surveys in order to inventory archaeological sites and t-0 increase research-based archaeology and enhance public awareness ofits importance
4 The Government ofthe Peoples Republic ofChina shall use its best efforts to train and deploy professional security guards and expand the use ofsecurity technology with the aim ofreducing piUage ofcultural property throughout the country especially in remote and high risk areas and shall enhance awareness among government officials and employees ofChinese archeological material and its value to Chinas heritage
5 The Government ofthe Peoples Republic ofChina shall use its best efforts to promote education in museum studies archaeology and cultural resource management Both nations will seek to support these efforts through available existing programs and other means ofcooperation
6 The Government of the United States ofAmerica shall use its best efforts to facilitate technical assistance to the Government ofthe Peoples Republic ofChina with the aim ofpreserving its cultural heritage by such means as improving cultural resource management stabilizing and restoring monuments and sites enhancing capacity for risk prevention in heritage sites and museums and enhancing the capacity of museums to preserve and exhibit collections of its ancient heritage
Collaboration I Interchange
7 The Government ofthe United States ofAmerica recognizes that the Government of the Peoples Republic ofChina permits the international interchange of archaeological materials for cultural educational and scientific purposes to enable widespread public appreciation ofand legal access to Chinas rich cultural heritage The Government ofthe Peoptebulls Republic ofChina agrees to use its best efforts to
further such interchange by
(1) continuing to encourage museum Joans ofarchaeological material including recently excavated objects for research and public display purposes
(2) encouraging Chinese museums to carry out joint efforts with American counterparts including but not limited to finalizing in a timely manner relevant contracts and lists ofobjects loaned and minimizing the logistical difficulties accompanying the exhibition
(3) facilitating the approval ofloan exhibitions to the United States ofAmerica allowing objects in an exhibition to remain outside China for up to two years increasing the number ofGrade l objects allowed in an exhibition and considering longer-term loans ofup to five years ofa limited number ofobjects
(4) facilitating the granting ofpermits to conduct archaeological research in China by streamlining and further clarifying the application process
8 With respect to Chinese cultural objects that meet the following four conditions a) legally exported as part ofa private collection ofChinese heirlooms b) legally transferred among owners c) purchased and imported by residents ofChina and d) declared upon import to China and registered with the relevant authorities the Government ofthe Peoples Republic ofChina shall seek legislative action that permits their re-export
Law Enforcement
9 The Government ofthe Peoples Republic ofChina shall continue measures to improve the effectiveness of its customs officers to stop the illicit exportation of cultural property at borders and ports The Government ofthe United States of America shall increase its efforts to improve the ability of its customs officers to recognize Chinese archaeological material and as appropriate facilitate assistance to China for the training of its customs officers
l 0 The Central Government ofthe Peoples Republic ofChina shall increase joint efforts with the Hong Kong Special Administrative Region and the Macao Special Administrative Region to stop archaeological material looted or stolen from the Chinese mainland from being trafficked into and out ofthese regions
11 The Government of the Peoples Republic ofChina shall seek to further implement regulation of its internal market for antiquities with the aim ofreducing unauthorized transactions
12 Both Governments agree that in order for United States import restrictions to be most successful in thwarting pillage the Government ofthe Peoples Republic of China shall endeavor to strengthen regional cooperation within Asia for the protection of cultural heritage and in the effort to deter further pillage in China shall seek increased cooperation from other importing nations to restrict the import oflootcd archaeological material originating in China
Information Sharing
13To strengthen the cooperation between the two countries
1) the Government ofPeoples Republic ofChina shall provide annually to the Government ofthe United States ofAmerica infonnation and statistics about crimes oftheft clandestine excavation trafficking (illicittrade and smuggling) and abuse of official power an~ as it becomes available information about prosecutions and convictions pertinent to the MOU
2) as itbecomes available and appropriate~ the Government ofthe United States of America shall share information with the Government ofPeoples Republic ofChina regarding trafficking (illicit trade and smuggling) ofChinese cultural property in order to strengthen the ability of both countries to enforce applicable laws and regulations to reduce this trafficking
cp ~A~J~fa~~ A1MJ State Administration of Cultural Heritage
Peoples Republic of China
Informal translation SACH-2014-001
Note verbale
The State Administration of Cultural Heritage of the Peoples Republic of China
presents its compliments to the Embassy of the United States of America and has the
honor to inform your Embassy that your Diplomatic Note No0008 dated January 6
2014 has been received
On Behalf of the Government of the Peoples Republic of China SACH accepts your
Embassys proposal renewing for five more years the validity of the Memorandum of
Understanding Between the Government of the United States of America and the
Government of the Peoples Republic of China Concerning The Imposition of Import
Restrictions on Categories of Archeological Materials From the Paleolithic Period
Through the Tang Dynasty and Monumental Sculpture and Wall Art At Least 250
Years Old and replacing Article 1 and 2 in the original text with the revised version
attached in the Appendix (please see the Chinese text in the Appendix)
SACH also has the honor to accept your Embassys proposal to develop an
agreement on validity renewal and text revision of the MOU based on the note
correspondences between us The new agreement shall come into force on January
14 2014 and be put into implementation on the date of reply by SACH
SACH avails itself of this opportunity to renew to the Embassy of the United States
the assurances of its highest consideration
January 8 2014
Encl As mentioned above
CC Ministry of Foreign Affairs of the Peoples Republic of China
tp rfA~-J2fa ~ ~~A~JEO
State Administration ofCultural Heritage Peoples Republic of China
SACH-2014-001
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ARTICLE III
The obligations of both Governments and the activities carried out under this
Memorandum of Understanding shall be subject to the laws and regulations of each
country as applicable including the availability of funds
ARTICLE IV
I This Memorandum of Understanding shall enter into force upon signature It
shall remain in force for a period of five years
2 This Memorandum of Understanding may be amended or extended upon
written agreement of the two Governments
3 The effectiveness of this Memorandum of Understanding shall be subject to
review in order to determine before the expiration of the five year period of this
Memorandum of Understanding whether it should be extended
IN WITNESS WHEREOF the undersigned being duly authorized by their
respective Governments have signed the present Memorandum of Understanding
DONE at Washington in duplicate this~ day of~ 2009 in the English
and Chinese languages both texts being equally authentic
FOR THE GOVERNMENT OF FOR THE GOVERNMENT OF
THE UNITED STATES OF AMERICA THE PEOPLES REPUBLIC
OF CHINA
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________________________________________________________________________
TREATIES AND OTHER INTERNATIONAL ACTS SERIES 14-108
CULTURAL PROPERTY
Agreement Between the
UNITED STATES OF AMERICA
and CHINA
Amending and Extending
Memorandum of Understanding of
January 14 2009
Effected by Exchange of Notes at
Beijing January 6 and 8 2014
NOTE BY THE DEPARTMENT OF STATE
Pursuant to Public Law 89mdash497 approved July 8 1966 (80 Stat 271 1 USC 113)mdash
ldquo 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 thereofrdquo
CHINA
Cultural Property
Agreement amending and extending memorandum of understanding of January 14 2009
Effected by exchange of notes at Beijing January 6 and 8 2014
Entered into force January 8 2014 With effect from January 14 2014
No 0008
The Embassy ofthe United States ofAmerica presents its compliments to the State
Administration for Cultural Heritage of the Peoples Republic ofChinaand has the honor to
refer to the Memorandum ofUnderstanding Concerning the Imposition of Import Restrictions on
Categories ofArchaeological Material from the Paleolithic Period Through the Tang Dynasty
and Monumental Sculpture and Wall Art at least 250 Years Old signed at Washington January
14 2009 hereinafter referred to as the MOU)
The Embassy on behalfof the Government ofthe United States ofAmerica has the
honor to propose that pursuant to Article IV1 and 2 of the MOU the MOU be extended for an
additional five-year period
The Embassy has the further honor to propose that pursuant to Article IV 2 ofthe MOU
the MOU be amended by replacing Article II with the attached revised Article II The Embassy
also has the honor to propose an amendment to Article I ofthe MOU The proposed amendment
to Article I is attached
Ifthe foregoing proposals are acceptable to the State Administration the Embassy
proposes that this note including the attached revised Article I and Article II and the State
Administrations note in reply shall constitute an agreement to extend and amend the MOU
which shall enter into force on the date of the State Administrations note in reply and shall take
effect on January 14 2014
The Embassy of the United States of America takes this opportunity to renew to the State
Administration for Cultural Heritage of the Peoples Republic of China the assurances of its
highest consideration
DIPLOMATIC NOTE
Attachments
As stated
Embassy of the United States ofAmerica
Beijing January 06 2014
Amendment to Article I ot tile Memorudum of Understanding (2009)
Current Article I 1 The Government ofthe United States ofAmerica in accordance with its legislation entitled the Convention on Cultural Property Implementation Act shaU restrict the importation into the United States of archaeological material originating in China and representing Chinas cultural heritage from the Paleolithic Period through the end of the Tang Dynasty (AD 907) and ofmonumental sculpture and wall art at least 250 years old including categories of metal ceramic stone textiles other organic material glass and painting identified on a list to be promulgated by the United States Government (hereinafter known as the ~Designated List) unless the Government of the Peoples Republic of China issues a license or other documentation which certifies that such exportation was not in violation of its laws For the purposes of this Memorandum of Understanding the restricted Paleolithic objects date from approximately 75000 BC
Insert as ofJanuary 14 2009 the date this MOU entered into force
Amended Article I 1 The Government of the United States of America in accordance with its legislation entitled the Convention on Cultural Property Implementation Act shall restrict the importation into the United States of archaeological material originating in China and representing Chinas cultural heritage from the Paleolithic Period through the end of the Tang Dynasty (AD 907) and of monumental sculpture and wall art at least 250 years old as of January 14 2009 the date this MOU entered into force including categories of metal ceramic stone textiles other organic material glass and painting identified on a list to be promulgated by the United States Government (hereinafter known as the Designated List) unless the Government of the Peoples Republic of China issues a license or other documentation which certifies that such exportation was not in violation of its laws For the purposes of this Memorandum of Understanding the restricted Paleolithic objects date from approximately 75000 BC
United States ofAmerica - Peoples Republic of China Memorandum of Understanding Extension 2014
Revised Article n
PubJic Awareness I Outreach
1 Representatives ofthe Government ofthe People~s Republic ofChina and representatives ofthe Government ofthe United States ofAmerica shall regularly publicize this Memorandum of Understanding and the reasons for it through available outlets ofcommunication
2 The Government ofthe Peoples Republic ofChina and the Government of the United States ofAmerica shall continue to raise public awareness about the long-term importance ofprotecting cultural heritage ftom looting and destruction in the spirit of UNESCO 1970 Convention
Protection I Conservation
3 The Government ofthe Peoples Republic ofChina shall continue its best efforts to inventory collections ofmoveable cuJfural objects to make use ofsurface surveys in order to inventory archaeological sites and t-0 increase research-based archaeology and enhance public awareness ofits importance
4 The Government ofthe Peoples Republic ofChina shall use its best efforts to train and deploy professional security guards and expand the use ofsecurity technology with the aim ofreducing piUage ofcultural property throughout the country especially in remote and high risk areas and shall enhance awareness among government officials and employees ofChinese archeological material and its value to Chinas heritage
5 The Government ofthe Peoples Republic ofChina shall use its best efforts to promote education in museum studies archaeology and cultural resource management Both nations will seek to support these efforts through available existing programs and other means ofcooperation
6 The Government of the United States ofAmerica shall use its best efforts to facilitate technical assistance to the Government ofthe Peoples Republic ofChina with the aim ofpreserving its cultural heritage by such means as improving cultural resource management stabilizing and restoring monuments and sites enhancing capacity for risk prevention in heritage sites and museums and enhancing the capacity of museums to preserve and exhibit collections of its ancient heritage
Collaboration I Interchange
7 The Government ofthe United States ofAmerica recognizes that the Government of the Peoples Republic ofChina permits the international interchange of archaeological materials for cultural educational and scientific purposes to enable widespread public appreciation ofand legal access to Chinas rich cultural heritage The Government ofthe Peoptebulls Republic ofChina agrees to use its best efforts to
further such interchange by
(1) continuing to encourage museum Joans ofarchaeological material including recently excavated objects for research and public display purposes
(2) encouraging Chinese museums to carry out joint efforts with American counterparts including but not limited to finalizing in a timely manner relevant contracts and lists ofobjects loaned and minimizing the logistical difficulties accompanying the exhibition
(3) facilitating the approval ofloan exhibitions to the United States ofAmerica allowing objects in an exhibition to remain outside China for up to two years increasing the number ofGrade l objects allowed in an exhibition and considering longer-term loans ofup to five years ofa limited number ofobjects
(4) facilitating the granting ofpermits to conduct archaeological research in China by streamlining and further clarifying the application process
8 With respect to Chinese cultural objects that meet the following four conditions a) legally exported as part ofa private collection ofChinese heirlooms b) legally transferred among owners c) purchased and imported by residents ofChina and d) declared upon import to China and registered with the relevant authorities the Government ofthe Peoples Republic ofChina shall seek legislative action that permits their re-export
Law Enforcement
9 The Government ofthe Peoples Republic ofChina shall continue measures to improve the effectiveness of its customs officers to stop the illicit exportation of cultural property at borders and ports The Government ofthe United States of America shall increase its efforts to improve the ability of its customs officers to recognize Chinese archaeological material and as appropriate facilitate assistance to China for the training of its customs officers
l 0 The Central Government ofthe Peoples Republic ofChina shall increase joint efforts with the Hong Kong Special Administrative Region and the Macao Special Administrative Region to stop archaeological material looted or stolen from the Chinese mainland from being trafficked into and out ofthese regions
11 The Government of the Peoples Republic ofChina shall seek to further implement regulation of its internal market for antiquities with the aim ofreducing unauthorized transactions
12 Both Governments agree that in order for United States import restrictions to be most successful in thwarting pillage the Government ofthe Peoples Republic of China shall endeavor to strengthen regional cooperation within Asia for the protection of cultural heritage and in the effort to deter further pillage in China shall seek increased cooperation from other importing nations to restrict the import oflootcd archaeological material originating in China
Information Sharing
13To strengthen the cooperation between the two countries
1) the Government ofPeoples Republic ofChina shall provide annually to the Government ofthe United States ofAmerica infonnation and statistics about crimes oftheft clandestine excavation trafficking (illicittrade and smuggling) and abuse of official power an~ as it becomes available information about prosecutions and convictions pertinent to the MOU
2) as itbecomes available and appropriate~ the Government ofthe United States of America shall share information with the Government ofPeoples Republic ofChina regarding trafficking (illicit trade and smuggling) ofChinese cultural property in order to strengthen the ability of both countries to enforce applicable laws and regulations to reduce this trafficking
cp ~A~J~fa~~ A1MJ State Administration of Cultural Heritage
Peoples Republic of China
Informal translation SACH-2014-001
Note verbale
The State Administration of Cultural Heritage of the Peoples Republic of China
presents its compliments to the Embassy of the United States of America and has the
honor to inform your Embassy that your Diplomatic Note No0008 dated January 6
2014 has been received
On Behalf of the Government of the Peoples Republic of China SACH accepts your
Embassys proposal renewing for five more years the validity of the Memorandum of
Understanding Between the Government of the United States of America and the
Government of the Peoples Republic of China Concerning The Imposition of Import
Restrictions on Categories of Archeological Materials From the Paleolithic Period
Through the Tang Dynasty and Monumental Sculpture and Wall Art At Least 250
Years Old and replacing Article 1 and 2 in the original text with the revised version
attached in the Appendix (please see the Chinese text in the Appendix)
SACH also has the honor to accept your Embassys proposal to develop an
agreement on validity renewal and text revision of the MOU based on the note
correspondences between us The new agreement shall come into force on January
14 2014 and be put into implementation on the date of reply by SACH
SACH avails itself of this opportunity to renew to the Embassy of the United States
the assurances of its highest consideration
January 8 2014
Encl As mentioned above
CC Ministry of Foreign Affairs of the Peoples Republic of China
tp rfA~-J2fa ~ ~~A~JEO
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SACH-2014-001
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________________________________________________________________________
TREATIES AND OTHER INTERNATIONAL ACTS SERIES 14-108
CULTURAL PROPERTY
Agreement Between the
UNITED STATES OF AMERICA
and CHINA
Amending and Extending
Memorandum of Understanding of
January 14 2009
Effected by Exchange of Notes at
Beijing January 6 and 8 2014
NOTE BY THE DEPARTMENT OF STATE
Pursuant to Public Law 89mdash497 approved July 8 1966 (80 Stat 271 1 USC 113)mdash
ldquo 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 thereofrdquo
CHINA
Cultural Property
Agreement amending and extending memorandum of understanding of January 14 2009
Effected by exchange of notes at Beijing January 6 and 8 2014
Entered into force January 8 2014 With effect from January 14 2014
No 0008
The Embassy ofthe United States ofAmerica presents its compliments to the State
Administration for Cultural Heritage of the Peoples Republic ofChinaand has the honor to
refer to the Memorandum ofUnderstanding Concerning the Imposition of Import Restrictions on
Categories ofArchaeological Material from the Paleolithic Period Through the Tang Dynasty
and Monumental Sculpture and Wall Art at least 250 Years Old signed at Washington January
14 2009 hereinafter referred to as the MOU)
The Embassy on behalfof the Government ofthe United States ofAmerica has the
honor to propose that pursuant to Article IV1 and 2 of the MOU the MOU be extended for an
additional five-year period
The Embassy has the further honor to propose that pursuant to Article IV 2 ofthe MOU
the MOU be amended by replacing Article II with the attached revised Article II The Embassy
also has the honor to propose an amendment to Article I ofthe MOU The proposed amendment
to Article I is attached
Ifthe foregoing proposals are acceptable to the State Administration the Embassy
proposes that this note including the attached revised Article I and Article II and the State
Administrations note in reply shall constitute an agreement to extend and amend the MOU
which shall enter into force on the date of the State Administrations note in reply and shall take
effect on January 14 2014
The Embassy of the United States of America takes this opportunity to renew to the State
Administration for Cultural Heritage of the Peoples Republic of China the assurances of its
highest consideration
DIPLOMATIC NOTE
Attachments
As stated
Embassy of the United States ofAmerica
Beijing January 06 2014
Amendment to Article I ot tile Memorudum of Understanding (2009)
Current Article I 1 The Government ofthe United States ofAmerica in accordance with its legislation entitled the Convention on Cultural Property Implementation Act shaU restrict the importation into the United States of archaeological material originating in China and representing Chinas cultural heritage from the Paleolithic Period through the end of the Tang Dynasty (AD 907) and ofmonumental sculpture and wall art at least 250 years old including categories of metal ceramic stone textiles other organic material glass and painting identified on a list to be promulgated by the United States Government (hereinafter known as the ~Designated List) unless the Government of the Peoples Republic of China issues a license or other documentation which certifies that such exportation was not in violation of its laws For the purposes of this Memorandum of Understanding the restricted Paleolithic objects date from approximately 75000 BC
Insert as ofJanuary 14 2009 the date this MOU entered into force
Amended Article I 1 The Government of the United States of America in accordance with its legislation entitled the Convention on Cultural Property Implementation Act shall restrict the importation into the United States of archaeological material originating in China and representing Chinas cultural heritage from the Paleolithic Period through the end of the Tang Dynasty (AD 907) and of monumental sculpture and wall art at least 250 years old as of January 14 2009 the date this MOU entered into force including categories of metal ceramic stone textiles other organic material glass and painting identified on a list to be promulgated by the United States Government (hereinafter known as the Designated List) unless the Government of the Peoples Republic of China issues a license or other documentation which certifies that such exportation was not in violation of its laws For the purposes of this Memorandum of Understanding the restricted Paleolithic objects date from approximately 75000 BC
United States ofAmerica - Peoples Republic of China Memorandum of Understanding Extension 2014
Revised Article n
PubJic Awareness I Outreach
1 Representatives ofthe Government ofthe People~s Republic ofChina and representatives ofthe Government ofthe United States ofAmerica shall regularly publicize this Memorandum of Understanding and the reasons for it through available outlets ofcommunication
2 The Government ofthe Peoples Republic ofChina and the Government of the United States ofAmerica shall continue to raise public awareness about the long-term importance ofprotecting cultural heritage ftom looting and destruction in the spirit of UNESCO 1970 Convention
Protection I Conservation
3 The Government ofthe Peoples Republic ofChina shall continue its best efforts to inventory collections ofmoveable cuJfural objects to make use ofsurface surveys in order to inventory archaeological sites and t-0 increase research-based archaeology and enhance public awareness ofits importance
4 The Government ofthe Peoples Republic ofChina shall use its best efforts to train and deploy professional security guards and expand the use ofsecurity technology with the aim ofreducing piUage ofcultural property throughout the country especially in remote and high risk areas and shall enhance awareness among government officials and employees ofChinese archeological material and its value to Chinas heritage
5 The Government ofthe Peoples Republic ofChina shall use its best efforts to promote education in museum studies archaeology and cultural resource management Both nations will seek to support these efforts through available existing programs and other means ofcooperation
6 The Government of the United States ofAmerica shall use its best efforts to facilitate technical assistance to the Government ofthe Peoples Republic ofChina with the aim ofpreserving its cultural heritage by such means as improving cultural resource management stabilizing and restoring monuments and sites enhancing capacity for risk prevention in heritage sites and museums and enhancing the capacity of museums to preserve and exhibit collections of its ancient heritage
Collaboration I Interchange
7 The Government ofthe United States ofAmerica recognizes that the Government of the Peoples Republic ofChina permits the international interchange of archaeological materials for cultural educational and scientific purposes to enable widespread public appreciation ofand legal access to Chinas rich cultural heritage The Government ofthe Peoptebulls Republic ofChina agrees to use its best efforts to
further such interchange by
(1) continuing to encourage museum Joans ofarchaeological material including recently excavated objects for research and public display purposes
(2) encouraging Chinese museums to carry out joint efforts with American counterparts including but not limited to finalizing in a timely manner relevant contracts and lists ofobjects loaned and minimizing the logistical difficulties accompanying the exhibition
(3) facilitating the approval ofloan exhibitions to the United States ofAmerica allowing objects in an exhibition to remain outside China for up to two years increasing the number ofGrade l objects allowed in an exhibition and considering longer-term loans ofup to five years ofa limited number ofobjects
(4) facilitating the granting ofpermits to conduct archaeological research in China by streamlining and further clarifying the application process
8 With respect to Chinese cultural objects that meet the following four conditions a) legally exported as part ofa private collection ofChinese heirlooms b) legally transferred among owners c) purchased and imported by residents ofChina and d) declared upon import to China and registered with the relevant authorities the Government ofthe Peoples Republic ofChina shall seek legislative action that permits their re-export
Law Enforcement
9 The Government ofthe Peoples Republic ofChina shall continue measures to improve the effectiveness of its customs officers to stop the illicit exportation of cultural property at borders and ports The Government ofthe United States of America shall increase its efforts to improve the ability of its customs officers to recognize Chinese archaeological material and as appropriate facilitate assistance to China for the training of its customs officers
l 0 The Central Government ofthe Peoples Republic ofChina shall increase joint efforts with the Hong Kong Special Administrative Region and the Macao Special Administrative Region to stop archaeological material looted or stolen from the Chinese mainland from being trafficked into and out ofthese regions
11 The Government of the Peoples Republic ofChina shall seek to further implement regulation of its internal market for antiquities with the aim ofreducing unauthorized transactions
12 Both Governments agree that in order for United States import restrictions to be most successful in thwarting pillage the Government ofthe Peoples Republic of China shall endeavor to strengthen regional cooperation within Asia for the protection of cultural heritage and in the effort to deter further pillage in China shall seek increased cooperation from other importing nations to restrict the import oflootcd archaeological material originating in China
Information Sharing
13To strengthen the cooperation between the two countries
1) the Government ofPeoples Republic ofChina shall provide annually to the Government ofthe United States ofAmerica infonnation and statistics about crimes oftheft clandestine excavation trafficking (illicittrade and smuggling) and abuse of official power an~ as it becomes available information about prosecutions and convictions pertinent to the MOU
2) as itbecomes available and appropriate~ the Government ofthe United States of America shall share information with the Government ofPeoples Republic ofChina regarding trafficking (illicit trade and smuggling) ofChinese cultural property in order to strengthen the ability of both countries to enforce applicable laws and regulations to reduce this trafficking
cp ~A~J~fa~~ A1MJ State Administration of Cultural Heritage
Peoples Republic of China
Informal translation SACH-2014-001
Note verbale
The State Administration of Cultural Heritage of the Peoples Republic of China
presents its compliments to the Embassy of the United States of America and has the
honor to inform your Embassy that your Diplomatic Note No0008 dated January 6
2014 has been received
On Behalf of the Government of the Peoples Republic of China SACH accepts your
Embassys proposal renewing for five more years the validity of the Memorandum of
Understanding Between the Government of the United States of America and the
Government of the Peoples Republic of China Concerning The Imposition of Import
Restrictions on Categories of Archeological Materials From the Paleolithic Period
Through the Tang Dynasty and Monumental Sculpture and Wall Art At Least 250
Years Old and replacing Article 1 and 2 in the original text with the revised version
attached in the Appendix (please see the Chinese text in the Appendix)
SACH also has the honor to accept your Embassys proposal to develop an
agreement on validity renewal and text revision of the MOU based on the note
correspondences between us The new agreement shall come into force on January
14 2014 and be put into implementation on the date of reply by SACH
SACH avails itself of this opportunity to renew to the Embassy of the United States
the assurances of its highest consideration
January 8 2014
Encl As mentioned above
CC Ministry of Foreign Affairs of the Peoples Republic of China
tp rfA~-J2fa ~ ~~A~JEO
State Administration ofCultural Heritage Peoples Republic of China
SACH-2014-001
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________________________________________________________________________
TREATIES AND OTHER INTERNATIONAL ACTS SERIES 14-108
CULTURAL PROPERTY
Agreement Between the
UNITED STATES OF AMERICA
and CHINA
Amending and Extending
Memorandum of Understanding of
January 14 2009
Effected by Exchange of Notes at
Beijing January 6 and 8 2014
NOTE BY THE DEPARTMENT OF STATE
Pursuant to Public Law 89mdash497 approved July 8 1966 (80 Stat 271 1 USC 113)mdash
ldquo 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 thereofrdquo
CHINA
Cultural Property
Agreement amending and extending memorandum of understanding of January 14 2009
Effected by exchange of notes at Beijing January 6 and 8 2014
Entered into force January 8 2014 With effect from January 14 2014
No 0008
The Embassy ofthe United States ofAmerica presents its compliments to the State
Administration for Cultural Heritage of the Peoples Republic ofChinaand has the honor to
refer to the Memorandum ofUnderstanding Concerning the Imposition of Import Restrictions on
Categories ofArchaeological Material from the Paleolithic Period Through the Tang Dynasty
and Monumental Sculpture and Wall Art at least 250 Years Old signed at Washington January
14 2009 hereinafter referred to as the MOU)
The Embassy on behalfof the Government ofthe United States ofAmerica has the
honor to propose that pursuant to Article IV1 and 2 of the MOU the MOU be extended for an
additional five-year period
The Embassy has the further honor to propose that pursuant to Article IV 2 ofthe MOU
the MOU be amended by replacing Article II with the attached revised Article II The Embassy
also has the honor to propose an amendment to Article I ofthe MOU The proposed amendment
to Article I is attached
Ifthe foregoing proposals are acceptable to the State Administration the Embassy
proposes that this note including the attached revised Article I and Article II and the State
Administrations note in reply shall constitute an agreement to extend and amend the MOU
which shall enter into force on the date of the State Administrations note in reply and shall take
effect on January 14 2014
The Embassy of the United States of America takes this opportunity to renew to the State
Administration for Cultural Heritage of the Peoples Republic of China the assurances of its
highest consideration
DIPLOMATIC NOTE
Attachments
As stated
Embassy of the United States ofAmerica
Beijing January 06 2014
Amendment to Article I ot tile Memorudum of Understanding (2009)
Current Article I 1 The Government ofthe United States ofAmerica in accordance with its legislation entitled the Convention on Cultural Property Implementation Act shaU restrict the importation into the United States of archaeological material originating in China and representing Chinas cultural heritage from the Paleolithic Period through the end of the Tang Dynasty (AD 907) and ofmonumental sculpture and wall art at least 250 years old including categories of metal ceramic stone textiles other organic material glass and painting identified on a list to be promulgated by the United States Government (hereinafter known as the ~Designated List) unless the Government of the Peoples Republic of China issues a license or other documentation which certifies that such exportation was not in violation of its laws For the purposes of this Memorandum of Understanding the restricted Paleolithic objects date from approximately 75000 BC
Insert as ofJanuary 14 2009 the date this MOU entered into force
Amended Article I 1 The Government of the United States of America in accordance with its legislation entitled the Convention on Cultural Property Implementation Act shall restrict the importation into the United States of archaeological material originating in China and representing Chinas cultural heritage from the Paleolithic Period through the end of the Tang Dynasty (AD 907) and of monumental sculpture and wall art at least 250 years old as of January 14 2009 the date this MOU entered into force including categories of metal ceramic stone textiles other organic material glass and painting identified on a list to be promulgated by the United States Government (hereinafter known as the Designated List) unless the Government of the Peoples Republic of China issues a license or other documentation which certifies that such exportation was not in violation of its laws For the purposes of this Memorandum of Understanding the restricted Paleolithic objects date from approximately 75000 BC
United States ofAmerica - Peoples Republic of China Memorandum of Understanding Extension 2014
Revised Article n
PubJic Awareness I Outreach
1 Representatives ofthe Government ofthe People~s Republic ofChina and representatives ofthe Government ofthe United States ofAmerica shall regularly publicize this Memorandum of Understanding and the reasons for it through available outlets ofcommunication
2 The Government ofthe Peoples Republic ofChina and the Government of the United States ofAmerica shall continue to raise public awareness about the long-term importance ofprotecting cultural heritage ftom looting and destruction in the spirit of UNESCO 1970 Convention
Protection I Conservation
3 The Government ofthe Peoples Republic ofChina shall continue its best efforts to inventory collections ofmoveable cuJfural objects to make use ofsurface surveys in order to inventory archaeological sites and t-0 increase research-based archaeology and enhance public awareness ofits importance
4 The Government ofthe Peoples Republic ofChina shall use its best efforts to train and deploy professional security guards and expand the use ofsecurity technology with the aim ofreducing piUage ofcultural property throughout the country especially in remote and high risk areas and shall enhance awareness among government officials and employees ofChinese archeological material and its value to Chinas heritage
5 The Government ofthe Peoples Republic ofChina shall use its best efforts to promote education in museum studies archaeology and cultural resource management Both nations will seek to support these efforts through available existing programs and other means ofcooperation
6 The Government of the United States ofAmerica shall use its best efforts to facilitate technical assistance to the Government ofthe Peoples Republic ofChina with the aim ofpreserving its cultural heritage by such means as improving cultural resource management stabilizing and restoring monuments and sites enhancing capacity for risk prevention in heritage sites and museums and enhancing the capacity of museums to preserve and exhibit collections of its ancient heritage
Collaboration I Interchange
7 The Government ofthe United States ofAmerica recognizes that the Government of the Peoples Republic ofChina permits the international interchange of archaeological materials for cultural educational and scientific purposes to enable widespread public appreciation ofand legal access to Chinas rich cultural heritage The Government ofthe Peoptebulls Republic ofChina agrees to use its best efforts to
further such interchange by
(1) continuing to encourage museum Joans ofarchaeological material including recently excavated objects for research and public display purposes
(2) encouraging Chinese museums to carry out joint efforts with American counterparts including but not limited to finalizing in a timely manner relevant contracts and lists ofobjects loaned and minimizing the logistical difficulties accompanying the exhibition
(3) facilitating the approval ofloan exhibitions to the United States ofAmerica allowing objects in an exhibition to remain outside China for up to two years increasing the number ofGrade l objects allowed in an exhibition and considering longer-term loans ofup to five years ofa limited number ofobjects
(4) facilitating the granting ofpermits to conduct archaeological research in China by streamlining and further clarifying the application process
8 With respect to Chinese cultural objects that meet the following four conditions a) legally exported as part ofa private collection ofChinese heirlooms b) legally transferred among owners c) purchased and imported by residents ofChina and d) declared upon import to China and registered with the relevant authorities the Government ofthe Peoples Republic ofChina shall seek legislative action that permits their re-export
Law Enforcement
9 The Government ofthe Peoples Republic ofChina shall continue measures to improve the effectiveness of its customs officers to stop the illicit exportation of cultural property at borders and ports The Government ofthe United States of America shall increase its efforts to improve the ability of its customs officers to recognize Chinese archaeological material and as appropriate facilitate assistance to China for the training of its customs officers
l 0 The Central Government ofthe Peoples Republic ofChina shall increase joint efforts with the Hong Kong Special Administrative Region and the Macao Special Administrative Region to stop archaeological material looted or stolen from the Chinese mainland from being trafficked into and out ofthese regions
11 The Government of the Peoples Republic ofChina shall seek to further implement regulation of its internal market for antiquities with the aim ofreducing unauthorized transactions
12 Both Governments agree that in order for United States import restrictions to be most successful in thwarting pillage the Government ofthe Peoples Republic of China shall endeavor to strengthen regional cooperation within Asia for the protection of cultural heritage and in the effort to deter further pillage in China shall seek increased cooperation from other importing nations to restrict the import oflootcd archaeological material originating in China
Information Sharing
13To strengthen the cooperation between the two countries
1) the Government ofPeoples Republic ofChina shall provide annually to the Government ofthe United States ofAmerica infonnation and statistics about crimes oftheft clandestine excavation trafficking (illicittrade and smuggling) and abuse of official power an~ as it becomes available information about prosecutions and convictions pertinent to the MOU
2) as itbecomes available and appropriate~ the Government ofthe United States of America shall share information with the Government ofPeoples Republic ofChina regarding trafficking (illicit trade and smuggling) ofChinese cultural property in order to strengthen the ability of both countries to enforce applicable laws and regulations to reduce this trafficking
cp ~A~J~fa~~ A1MJ State Administration of Cultural Heritage
Peoples Republic of China
Informal translation SACH-2014-001
Note verbale
The State Administration of Cultural Heritage of the Peoples Republic of China
presents its compliments to the Embassy of the United States of America and has the
honor to inform your Embassy that your Diplomatic Note No0008 dated January 6
2014 has been received
On Behalf of the Government of the Peoples Republic of China SACH accepts your
Embassys proposal renewing for five more years the validity of the Memorandum of
Understanding Between the Government of the United States of America and the
Government of the Peoples Republic of China Concerning The Imposition of Import
Restrictions on Categories of Archeological Materials From the Paleolithic Period
Through the Tang Dynasty and Monumental Sculpture and Wall Art At Least 250
Years Old and replacing Article 1 and 2 in the original text with the revised version
attached in the Appendix (please see the Chinese text in the Appendix)
SACH also has the honor to accept your Embassys proposal to develop an
agreement on validity renewal and text revision of the MOU based on the note
correspondences between us The new agreement shall come into force on January
14 2014 and be put into implementation on the date of reply by SACH
SACH avails itself of this opportunity to renew to the Embassy of the United States
the assurances of its highest consideration
January 8 2014
Encl As mentioned above
CC Ministry of Foreign Affairs of the Peoples Republic of China
tp rfA~-J2fa ~ ~~A~JEO
State Administration ofCultural Heritage Peoples Republic of China
SACH-2014-001
~ ~
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________________________________________________________________________
TREATIES AND OTHER INTERNATIONAL ACTS SERIES 14-108
CULTURAL PROPERTY
Agreement Between the
UNITED STATES OF AMERICA
and CHINA
Amending and Extending
Memorandum of Understanding of
January 14 2009
Effected by Exchange of Notes at
Beijing January 6 and 8 2014
NOTE BY THE DEPARTMENT OF STATE
Pursuant to Public Law 89mdash497 approved July 8 1966 (80 Stat 271 1 USC 113)mdash
ldquo 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 thereofrdquo
CHINA
Cultural Property
Agreement amending and extending memorandum of understanding of January 14 2009
Effected by exchange of notes at Beijing January 6 and 8 2014
Entered into force January 8 2014 With effect from January 14 2014
No 0008
The Embassy ofthe United States ofAmerica presents its compliments to the State
Administration for Cultural Heritage of the Peoples Republic ofChinaand has the honor to
refer to the Memorandum ofUnderstanding Concerning the Imposition of Import Restrictions on
Categories ofArchaeological Material from the Paleolithic Period Through the Tang Dynasty
and Monumental Sculpture and Wall Art at least 250 Years Old signed at Washington January
14 2009 hereinafter referred to as the MOU)
The Embassy on behalfof the Government ofthe United States ofAmerica has the
honor to propose that pursuant to Article IV1 and 2 of the MOU the MOU be extended for an
additional five-year period
The Embassy has the further honor to propose that pursuant to Article IV 2 ofthe MOU
the MOU be amended by replacing Article II with the attached revised Article II The Embassy
also has the honor to propose an amendment to Article I ofthe MOU The proposed amendment
to Article I is attached
Ifthe foregoing proposals are acceptable to the State Administration the Embassy
proposes that this note including the attached revised Article I and Article II and the State
Administrations note in reply shall constitute an agreement to extend and amend the MOU
which shall enter into force on the date of the State Administrations note in reply and shall take
effect on January 14 2014
The Embassy of the United States of America takes this opportunity to renew to the State
Administration for Cultural Heritage of the Peoples Republic of China the assurances of its
highest consideration
DIPLOMATIC NOTE
Attachments
As stated
Embassy of the United States ofAmerica
Beijing January 06 2014
Amendment to Article I ot tile Memorudum of Understanding (2009)
Current Article I 1 The Government ofthe United States ofAmerica in accordance with its legislation entitled the Convention on Cultural Property Implementation Act shaU restrict the importation into the United States of archaeological material originating in China and representing Chinas cultural heritage from the Paleolithic Period through the end of the Tang Dynasty (AD 907) and ofmonumental sculpture and wall art at least 250 years old including categories of metal ceramic stone textiles other organic material glass and painting identified on a list to be promulgated by the United States Government (hereinafter known as the ~Designated List) unless the Government of the Peoples Republic of China issues a license or other documentation which certifies that such exportation was not in violation of its laws For the purposes of this Memorandum of Understanding the restricted Paleolithic objects date from approximately 75000 BC
Insert as ofJanuary 14 2009 the date this MOU entered into force
Amended Article I 1 The Government of the United States of America in accordance with its legislation entitled the Convention on Cultural Property Implementation Act shall restrict the importation into the United States of archaeological material originating in China and representing Chinas cultural heritage from the Paleolithic Period through the end of the Tang Dynasty (AD 907) and of monumental sculpture and wall art at least 250 years old as of January 14 2009 the date this MOU entered into force including categories of metal ceramic stone textiles other organic material glass and painting identified on a list to be promulgated by the United States Government (hereinafter known as the Designated List) unless the Government of the Peoples Republic of China issues a license or other documentation which certifies that such exportation was not in violation of its laws For the purposes of this Memorandum of Understanding the restricted Paleolithic objects date from approximately 75000 BC
United States ofAmerica - Peoples Republic of China Memorandum of Understanding Extension 2014
Revised Article n
PubJic Awareness I Outreach
1 Representatives ofthe Government ofthe People~s Republic ofChina and representatives ofthe Government ofthe United States ofAmerica shall regularly publicize this Memorandum of Understanding and the reasons for it through available outlets ofcommunication
2 The Government ofthe Peoples Republic ofChina and the Government of the United States ofAmerica shall continue to raise public awareness about the long-term importance ofprotecting cultural heritage ftom looting and destruction in the spirit of UNESCO 1970 Convention
Protection I Conservation
3 The Government ofthe Peoples Republic ofChina shall continue its best efforts to inventory collections ofmoveable cuJfural objects to make use ofsurface surveys in order to inventory archaeological sites and t-0 increase research-based archaeology and enhance public awareness ofits importance
4 The Government ofthe Peoples Republic ofChina shall use its best efforts to train and deploy professional security guards and expand the use ofsecurity technology with the aim ofreducing piUage ofcultural property throughout the country especially in remote and high risk areas and shall enhance awareness among government officials and employees ofChinese archeological material and its value to Chinas heritage
5 The Government ofthe Peoples Republic ofChina shall use its best efforts to promote education in museum studies archaeology and cultural resource management Both nations will seek to support these efforts through available existing programs and other means ofcooperation
6 The Government of the United States ofAmerica shall use its best efforts to facilitate technical assistance to the Government ofthe Peoples Republic ofChina with the aim ofpreserving its cultural heritage by such means as improving cultural resource management stabilizing and restoring monuments and sites enhancing capacity for risk prevention in heritage sites and museums and enhancing the capacity of museums to preserve and exhibit collections of its ancient heritage
Collaboration I Interchange
7 The Government ofthe United States ofAmerica recognizes that the Government of the Peoples Republic ofChina permits the international interchange of archaeological materials for cultural educational and scientific purposes to enable widespread public appreciation ofand legal access to Chinas rich cultural heritage The Government ofthe Peoptebulls Republic ofChina agrees to use its best efforts to
further such interchange by
(1) continuing to encourage museum Joans ofarchaeological material including recently excavated objects for research and public display purposes
(2) encouraging Chinese museums to carry out joint efforts with American counterparts including but not limited to finalizing in a timely manner relevant contracts and lists ofobjects loaned and minimizing the logistical difficulties accompanying the exhibition
(3) facilitating the approval ofloan exhibitions to the United States ofAmerica allowing objects in an exhibition to remain outside China for up to two years increasing the number ofGrade l objects allowed in an exhibition and considering longer-term loans ofup to five years ofa limited number ofobjects
(4) facilitating the granting ofpermits to conduct archaeological research in China by streamlining and further clarifying the application process
8 With respect to Chinese cultural objects that meet the following four conditions a) legally exported as part ofa private collection ofChinese heirlooms b) legally transferred among owners c) purchased and imported by residents ofChina and d) declared upon import to China and registered with the relevant authorities the Government ofthe Peoples Republic ofChina shall seek legislative action that permits their re-export
Law Enforcement
9 The Government ofthe Peoples Republic ofChina shall continue measures to improve the effectiveness of its customs officers to stop the illicit exportation of cultural property at borders and ports The Government ofthe United States of America shall increase its efforts to improve the ability of its customs officers to recognize Chinese archaeological material and as appropriate facilitate assistance to China for the training of its customs officers
l 0 The Central Government ofthe Peoples Republic ofChina shall increase joint efforts with the Hong Kong Special Administrative Region and the Macao Special Administrative Region to stop archaeological material looted or stolen from the Chinese mainland from being trafficked into and out ofthese regions
11 The Government of the Peoples Republic ofChina shall seek to further implement regulation of its internal market for antiquities with the aim ofreducing unauthorized transactions
12 Both Governments agree that in order for United States import restrictions to be most successful in thwarting pillage the Government ofthe Peoples Republic of China shall endeavor to strengthen regional cooperation within Asia for the protection of cultural heritage and in the effort to deter further pillage in China shall seek increased cooperation from other importing nations to restrict the import oflootcd archaeological material originating in China
Information Sharing
13To strengthen the cooperation between the two countries
1) the Government ofPeoples Republic ofChina shall provide annually to the Government ofthe United States ofAmerica infonnation and statistics about crimes oftheft clandestine excavation trafficking (illicittrade and smuggling) and abuse of official power an~ as it becomes available information about prosecutions and convictions pertinent to the MOU
2) as itbecomes available and appropriate~ the Government ofthe United States of America shall share information with the Government ofPeoples Republic ofChina regarding trafficking (illicit trade and smuggling) ofChinese cultural property in order to strengthen the ability of both countries to enforce applicable laws and regulations to reduce this trafficking
cp ~A~J~fa~~ A1MJ State Administration of Cultural Heritage
Peoples Republic of China
Informal translation SACH-2014-001
Note verbale
The State Administration of Cultural Heritage of the Peoples Republic of China
presents its compliments to the Embassy of the United States of America and has the
honor to inform your Embassy that your Diplomatic Note No0008 dated January 6
2014 has been received
On Behalf of the Government of the Peoples Republic of China SACH accepts your
Embassys proposal renewing for five more years the validity of the Memorandum of
Understanding Between the Government of the United States of America and the
Government of the Peoples Republic of China Concerning The Imposition of Import
Restrictions on Categories of Archeological Materials From the Paleolithic Period
Through the Tang Dynasty and Monumental Sculpture and Wall Art At Least 250
Years Old and replacing Article 1 and 2 in the original text with the revised version
attached in the Appendix (please see the Chinese text in the Appendix)
SACH also has the honor to accept your Embassys proposal to develop an
agreement on validity renewal and text revision of the MOU based on the note
correspondences between us The new agreement shall come into force on January
14 2014 and be put into implementation on the date of reply by SACH
SACH avails itself of this opportunity to renew to the Embassy of the United States
the assurances of its highest consideration
January 8 2014
Encl As mentioned above
CC Ministry of Foreign Affairs of the Peoples Republic of China
tp rfA~-J2fa ~ ~~A~JEO
State Administration ofCultural Heritage Peoples Republic of China
SACH-2014-001
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-tishy
________________________________________________________________________
TREATIES AND OTHER INTERNATIONAL ACTS SERIES 14-108
CULTURAL PROPERTY
Agreement Between the
UNITED STATES OF AMERICA
and CHINA
Amending and Extending
Memorandum of Understanding of
January 14 2009
Effected by Exchange of Notes at
Beijing January 6 and 8 2014
NOTE BY THE DEPARTMENT OF STATE
Pursuant to Public Law 89mdash497 approved July 8 1966 (80 Stat 271 1 USC 113)mdash
ldquo 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 thereofrdquo
CHINA
Cultural Property
Agreement amending and extending memorandum of understanding of January 14 2009
Effected by exchange of notes at Beijing January 6 and 8 2014
Entered into force January 8 2014 With effect from January 14 2014
No 0008
The Embassy ofthe United States ofAmerica presents its compliments to the State
Administration for Cultural Heritage of the Peoples Republic ofChinaand has the honor to
refer to the Memorandum ofUnderstanding Concerning the Imposition of Import Restrictions on
Categories ofArchaeological Material from the Paleolithic Period Through the Tang Dynasty
and Monumental Sculpture and Wall Art at least 250 Years Old signed at Washington January
14 2009 hereinafter referred to as the MOU)
The Embassy on behalfof the Government ofthe United States ofAmerica has the
honor to propose that pursuant to Article IV1 and 2 of the MOU the MOU be extended for an
additional five-year period
The Embassy has the further honor to propose that pursuant to Article IV 2 ofthe MOU
the MOU be amended by replacing Article II with the attached revised Article II The Embassy
also has the honor to propose an amendment to Article I ofthe MOU The proposed amendment
to Article I is attached
Ifthe foregoing proposals are acceptable to the State Administration the Embassy
proposes that this note including the attached revised Article I and Article II and the State
Administrations note in reply shall constitute an agreement to extend and amend the MOU
which shall enter into force on the date of the State Administrations note in reply and shall take
effect on January 14 2014
The Embassy of the United States of America takes this opportunity to renew to the State
Administration for Cultural Heritage of the Peoples Republic of China the assurances of its
highest consideration
DIPLOMATIC NOTE
Attachments
As stated
Embassy of the United States ofAmerica
Beijing January 06 2014
Amendment to Article I ot tile Memorudum of Understanding (2009)
Current Article I 1 The Government ofthe United States ofAmerica in accordance with its legislation entitled the Convention on Cultural Property Implementation Act shaU restrict the importation into the United States of archaeological material originating in China and representing Chinas cultural heritage from the Paleolithic Period through the end of the Tang Dynasty (AD 907) and ofmonumental sculpture and wall art at least 250 years old including categories of metal ceramic stone textiles other organic material glass and painting identified on a list to be promulgated by the United States Government (hereinafter known as the ~Designated List) unless the Government of the Peoples Republic of China issues a license or other documentation which certifies that such exportation was not in violation of its laws For the purposes of this Memorandum of Understanding the restricted Paleolithic objects date from approximately 75000 BC
Insert as ofJanuary 14 2009 the date this MOU entered into force
Amended Article I 1 The Government of the United States of America in accordance with its legislation entitled the Convention on Cultural Property Implementation Act shall restrict the importation into the United States of archaeological material originating in China and representing Chinas cultural heritage from the Paleolithic Period through the end of the Tang Dynasty (AD 907) and of monumental sculpture and wall art at least 250 years old as of January 14 2009 the date this MOU entered into force including categories of metal ceramic stone textiles other organic material glass and painting identified on a list to be promulgated by the United States Government (hereinafter known as the Designated List) unless the Government of the Peoples Republic of China issues a license or other documentation which certifies that such exportation was not in violation of its laws For the purposes of this Memorandum of Understanding the restricted Paleolithic objects date from approximately 75000 BC
United States ofAmerica - Peoples Republic of China Memorandum of Understanding Extension 2014
Revised Article n
PubJic Awareness I Outreach
1 Representatives ofthe Government ofthe People~s Republic ofChina and representatives ofthe Government ofthe United States ofAmerica shall regularly publicize this Memorandum of Understanding and the reasons for it through available outlets ofcommunication
2 The Government ofthe Peoples Republic ofChina and the Government of the United States ofAmerica shall continue to raise public awareness about the long-term importance ofprotecting cultural heritage ftom looting and destruction in the spirit of UNESCO 1970 Convention
Protection I Conservation
3 The Government ofthe Peoples Republic ofChina shall continue its best efforts to inventory collections ofmoveable cuJfural objects to make use ofsurface surveys in order to inventory archaeological sites and t-0 increase research-based archaeology and enhance public awareness ofits importance
4 The Government ofthe Peoples Republic ofChina shall use its best efforts to train and deploy professional security guards and expand the use ofsecurity technology with the aim ofreducing piUage ofcultural property throughout the country especially in remote and high risk areas and shall enhance awareness among government officials and employees ofChinese archeological material and its value to Chinas heritage
5 The Government ofthe Peoples Republic ofChina shall use its best efforts to promote education in museum studies archaeology and cultural resource management Both nations will seek to support these efforts through available existing programs and other means ofcooperation
6 The Government of the United States ofAmerica shall use its best efforts to facilitate technical assistance to the Government ofthe Peoples Republic ofChina with the aim ofpreserving its cultural heritage by such means as improving cultural resource management stabilizing and restoring monuments and sites enhancing capacity for risk prevention in heritage sites and museums and enhancing the capacity of museums to preserve and exhibit collections of its ancient heritage
Collaboration I Interchange
7 The Government ofthe United States ofAmerica recognizes that the Government of the Peoples Republic ofChina permits the international interchange of archaeological materials for cultural educational and scientific purposes to enable widespread public appreciation ofand legal access to Chinas rich cultural heritage The Government ofthe Peoptebulls Republic ofChina agrees to use its best efforts to
further such interchange by
(1) continuing to encourage museum Joans ofarchaeological material including recently excavated objects for research and public display purposes
(2) encouraging Chinese museums to carry out joint efforts with American counterparts including but not limited to finalizing in a timely manner relevant contracts and lists ofobjects loaned and minimizing the logistical difficulties accompanying the exhibition
(3) facilitating the approval ofloan exhibitions to the United States ofAmerica allowing objects in an exhibition to remain outside China for up to two years increasing the number ofGrade l objects allowed in an exhibition and considering longer-term loans ofup to five years ofa limited number ofobjects
(4) facilitating the granting ofpermits to conduct archaeological research in China by streamlining and further clarifying the application process
8 With respect to Chinese cultural objects that meet the following four conditions a) legally exported as part ofa private collection ofChinese heirlooms b) legally transferred among owners c) purchased and imported by residents ofChina and d) declared upon import to China and registered with the relevant authorities the Government ofthe Peoples Republic ofChina shall seek legislative action that permits their re-export
Law Enforcement
9 The Government ofthe Peoples Republic ofChina shall continue measures to improve the effectiveness of its customs officers to stop the illicit exportation of cultural property at borders and ports The Government ofthe United States of America shall increase its efforts to improve the ability of its customs officers to recognize Chinese archaeological material and as appropriate facilitate assistance to China for the training of its customs officers
l 0 The Central Government ofthe Peoples Republic ofChina shall increase joint efforts with the Hong Kong Special Administrative Region and the Macao Special Administrative Region to stop archaeological material looted or stolen from the Chinese mainland from being trafficked into and out ofthese regions
11 The Government of the Peoples Republic ofChina shall seek to further implement regulation of its internal market for antiquities with the aim ofreducing unauthorized transactions
12 Both Governments agree that in order for United States import restrictions to be most successful in thwarting pillage the Government ofthe Peoples Republic of China shall endeavor to strengthen regional cooperation within Asia for the protection of cultural heritage and in the effort to deter further pillage in China shall seek increased cooperation from other importing nations to restrict the import oflootcd archaeological material originating in China
Information Sharing
13To strengthen the cooperation between the two countries
1) the Government ofPeoples Republic ofChina shall provide annually to the Government ofthe United States ofAmerica infonnation and statistics about crimes oftheft clandestine excavation trafficking (illicittrade and smuggling) and abuse of official power an~ as it becomes available information about prosecutions and convictions pertinent to the MOU
2) as itbecomes available and appropriate~ the Government ofthe United States of America shall share information with the Government ofPeoples Republic ofChina regarding trafficking (illicit trade and smuggling) ofChinese cultural property in order to strengthen the ability of both countries to enforce applicable laws and regulations to reduce this trafficking
cp ~A~J~fa~~ A1MJ State Administration of Cultural Heritage
Peoples Republic of China
Informal translation SACH-2014-001
Note verbale
The State Administration of Cultural Heritage of the Peoples Republic of China
presents its compliments to the Embassy of the United States of America and has the
honor to inform your Embassy that your Diplomatic Note No0008 dated January 6
2014 has been received
On Behalf of the Government of the Peoples Republic of China SACH accepts your
Embassys proposal renewing for five more years the validity of the Memorandum of
Understanding Between the Government of the United States of America and the
Government of the Peoples Republic of China Concerning The Imposition of Import
Restrictions on Categories of Archeological Materials From the Paleolithic Period
Through the Tang Dynasty and Monumental Sculpture and Wall Art At Least 250
Years Old and replacing Article 1 and 2 in the original text with the revised version
attached in the Appendix (please see the Chinese text in the Appendix)
SACH also has the honor to accept your Embassys proposal to develop an
agreement on validity renewal and text revision of the MOU based on the note
correspondences between us The new agreement shall come into force on January
14 2014 and be put into implementation on the date of reply by SACH
SACH avails itself of this opportunity to renew to the Embassy of the United States
the assurances of its highest consideration
January 8 2014
Encl As mentioned above
CC Ministry of Foreign Affairs of the Peoples Republic of China
tp rfA~-J2fa ~ ~~A~JEO
State Administration ofCultural Heritage Peoples Republic of China
SACH-2014-001
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-tishy
________________________________________________________________________
TREATIES AND OTHER INTERNATIONAL ACTS SERIES 14-108
CULTURAL PROPERTY
Agreement Between the
UNITED STATES OF AMERICA
and CHINA
Amending and Extending
Memorandum of Understanding of
January 14 2009
Effected by Exchange of Notes at
Beijing January 6 and 8 2014
NOTE BY THE DEPARTMENT OF STATE
Pursuant to Public Law 89mdash497 approved July 8 1966 (80 Stat 271 1 USC 113)mdash
ldquo 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 thereofrdquo
CHINA
Cultural Property
Agreement amending and extending memorandum of understanding of January 14 2009
Effected by exchange of notes at Beijing January 6 and 8 2014
Entered into force January 8 2014 With effect from January 14 2014
No 0008
The Embassy ofthe United States ofAmerica presents its compliments to the State
Administration for Cultural Heritage of the Peoples Republic ofChinaand has the honor to
refer to the Memorandum ofUnderstanding Concerning the Imposition of Import Restrictions on
Categories ofArchaeological Material from the Paleolithic Period Through the Tang Dynasty
and Monumental Sculpture and Wall Art at least 250 Years Old signed at Washington January
14 2009 hereinafter referred to as the MOU)
The Embassy on behalfof the Government ofthe United States ofAmerica has the
honor to propose that pursuant to Article IV1 and 2 of the MOU the MOU be extended for an
additional five-year period
The Embassy has the further honor to propose that pursuant to Article IV 2 ofthe MOU
the MOU be amended by replacing Article II with the attached revised Article II The Embassy
also has the honor to propose an amendment to Article I ofthe MOU The proposed amendment
to Article I is attached
Ifthe foregoing proposals are acceptable to the State Administration the Embassy
proposes that this note including the attached revised Article I and Article II and the State
Administrations note in reply shall constitute an agreement to extend and amend the MOU
which shall enter into force on the date of the State Administrations note in reply and shall take
effect on January 14 2014
The Embassy of the United States of America takes this opportunity to renew to the State
Administration for Cultural Heritage of the Peoples Republic of China the assurances of its
highest consideration
DIPLOMATIC NOTE
Attachments
As stated
Embassy of the United States ofAmerica
Beijing January 06 2014
Amendment to Article I ot tile Memorudum of Understanding (2009)
Current Article I 1 The Government ofthe United States ofAmerica in accordance with its legislation entitled the Convention on Cultural Property Implementation Act shaU restrict the importation into the United States of archaeological material originating in China and representing Chinas cultural heritage from the Paleolithic Period through the end of the Tang Dynasty (AD 907) and ofmonumental sculpture and wall art at least 250 years old including categories of metal ceramic stone textiles other organic material glass and painting identified on a list to be promulgated by the United States Government (hereinafter known as the ~Designated List) unless the Government of the Peoples Republic of China issues a license or other documentation which certifies that such exportation was not in violation of its laws For the purposes of this Memorandum of Understanding the restricted Paleolithic objects date from approximately 75000 BC
Insert as ofJanuary 14 2009 the date this MOU entered into force
Amended Article I 1 The Government of the United States of America in accordance with its legislation entitled the Convention on Cultural Property Implementation Act shall restrict the importation into the United States of archaeological material originating in China and representing Chinas cultural heritage from the Paleolithic Period through the end of the Tang Dynasty (AD 907) and of monumental sculpture and wall art at least 250 years old as of January 14 2009 the date this MOU entered into force including categories of metal ceramic stone textiles other organic material glass and painting identified on a list to be promulgated by the United States Government (hereinafter known as the Designated List) unless the Government of the Peoples Republic of China issues a license or other documentation which certifies that such exportation was not in violation of its laws For the purposes of this Memorandum of Understanding the restricted Paleolithic objects date from approximately 75000 BC
United States ofAmerica - Peoples Republic of China Memorandum of Understanding Extension 2014
Revised Article n
PubJic Awareness I Outreach
1 Representatives ofthe Government ofthe People~s Republic ofChina and representatives ofthe Government ofthe United States ofAmerica shall regularly publicize this Memorandum of Understanding and the reasons for it through available outlets ofcommunication
2 The Government ofthe Peoples Republic ofChina and the Government of the United States ofAmerica shall continue to raise public awareness about the long-term importance ofprotecting cultural heritage ftom looting and destruction in the spirit of UNESCO 1970 Convention
Protection I Conservation
3 The Government ofthe Peoples Republic ofChina shall continue its best efforts to inventory collections ofmoveable cuJfural objects to make use ofsurface surveys in order to inventory archaeological sites and t-0 increase research-based archaeology and enhance public awareness ofits importance
4 The Government ofthe Peoples Republic ofChina shall use its best efforts to train and deploy professional security guards and expand the use ofsecurity technology with the aim ofreducing piUage ofcultural property throughout the country especially in remote and high risk areas and shall enhance awareness among government officials and employees ofChinese archeological material and its value to Chinas heritage
5 The Government ofthe Peoples Republic ofChina shall use its best efforts to promote education in museum studies archaeology and cultural resource management Both nations will seek to support these efforts through available existing programs and other means ofcooperation
6 The Government of the United States ofAmerica shall use its best efforts to facilitate technical assistance to the Government ofthe Peoples Republic ofChina with the aim ofpreserving its cultural heritage by such means as improving cultural resource management stabilizing and restoring monuments and sites enhancing capacity for risk prevention in heritage sites and museums and enhancing the capacity of museums to preserve and exhibit collections of its ancient heritage
Collaboration I Interchange
7 The Government ofthe United States ofAmerica recognizes that the Government of the Peoples Republic ofChina permits the international interchange of archaeological materials for cultural educational and scientific purposes to enable widespread public appreciation ofand legal access to Chinas rich cultural heritage The Government ofthe Peoptebulls Republic ofChina agrees to use its best efforts to
further such interchange by
(1) continuing to encourage museum Joans ofarchaeological material including recently excavated objects for research and public display purposes
(2) encouraging Chinese museums to carry out joint efforts with American counterparts including but not limited to finalizing in a timely manner relevant contracts and lists ofobjects loaned and minimizing the logistical difficulties accompanying the exhibition
(3) facilitating the approval ofloan exhibitions to the United States ofAmerica allowing objects in an exhibition to remain outside China for up to two years increasing the number ofGrade l objects allowed in an exhibition and considering longer-term loans ofup to five years ofa limited number ofobjects
(4) facilitating the granting ofpermits to conduct archaeological research in China by streamlining and further clarifying the application process
8 With respect to Chinese cultural objects that meet the following four conditions a) legally exported as part ofa private collection ofChinese heirlooms b) legally transferred among owners c) purchased and imported by residents ofChina and d) declared upon import to China and registered with the relevant authorities the Government ofthe Peoples Republic ofChina shall seek legislative action that permits their re-export
Law Enforcement
9 The Government ofthe Peoples Republic ofChina shall continue measures to improve the effectiveness of its customs officers to stop the illicit exportation of cultural property at borders and ports The Government ofthe United States of America shall increase its efforts to improve the ability of its customs officers to recognize Chinese archaeological material and as appropriate facilitate assistance to China for the training of its customs officers
l 0 The Central Government ofthe Peoples Republic ofChina shall increase joint efforts with the Hong Kong Special Administrative Region and the Macao Special Administrative Region to stop archaeological material looted or stolen from the Chinese mainland from being trafficked into and out ofthese regions
11 The Government of the Peoples Republic ofChina shall seek to further implement regulation of its internal market for antiquities with the aim ofreducing unauthorized transactions
12 Both Governments agree that in order for United States import restrictions to be most successful in thwarting pillage the Government ofthe Peoples Republic of China shall endeavor to strengthen regional cooperation within Asia for the protection of cultural heritage and in the effort to deter further pillage in China shall seek increased cooperation from other importing nations to restrict the import oflootcd archaeological material originating in China
Information Sharing
13To strengthen the cooperation between the two countries
1) the Government ofPeoples Republic ofChina shall provide annually to the Government ofthe United States ofAmerica infonnation and statistics about crimes oftheft clandestine excavation trafficking (illicittrade and smuggling) and abuse of official power an~ as it becomes available information about prosecutions and convictions pertinent to the MOU
2) as itbecomes available and appropriate~ the Government ofthe United States of America shall share information with the Government ofPeoples Republic ofChina regarding trafficking (illicit trade and smuggling) ofChinese cultural property in order to strengthen the ability of both countries to enforce applicable laws and regulations to reduce this trafficking
cp ~A~J~fa~~ A1MJ State Administration of Cultural Heritage
Peoples Republic of China
Informal translation SACH-2014-001
Note verbale
The State Administration of Cultural Heritage of the Peoples Republic of China
presents its compliments to the Embassy of the United States of America and has the
honor to inform your Embassy that your Diplomatic Note No0008 dated January 6
2014 has been received
On Behalf of the Government of the Peoples Republic of China SACH accepts your
Embassys proposal renewing for five more years the validity of the Memorandum of
Understanding Between the Government of the United States of America and the
Government of the Peoples Republic of China Concerning The Imposition of Import
Restrictions on Categories of Archeological Materials From the Paleolithic Period
Through the Tang Dynasty and Monumental Sculpture and Wall Art At Least 250
Years Old and replacing Article 1 and 2 in the original text with the revised version
attached in the Appendix (please see the Chinese text in the Appendix)
SACH also has the honor to accept your Embassys proposal to develop an
agreement on validity renewal and text revision of the MOU based on the note
correspondences between us The new agreement shall come into force on January
14 2014 and be put into implementation on the date of reply by SACH
SACH avails itself of this opportunity to renew to the Embassy of the United States
the assurances of its highest consideration
January 8 2014
Encl As mentioned above
CC Ministry of Foreign Affairs of the Peoples Republic of China
tp rfA~-J2fa ~ ~~A~JEO
State Administration ofCultural Heritage Peoples Republic of China
SACH-2014-001
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-tishy
________________________________________________________________________
TREATIES AND OTHER INTERNATIONAL ACTS SERIES 14-108
CULTURAL PROPERTY
Agreement Between the
UNITED STATES OF AMERICA
and CHINA
Amending and Extending
Memorandum of Understanding of
January 14 2009
Effected by Exchange of Notes at
Beijing January 6 and 8 2014
NOTE BY THE DEPARTMENT OF STATE
Pursuant to Public Law 89mdash497 approved July 8 1966 (80 Stat 271 1 USC 113)mdash
ldquo 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 thereofrdquo
CHINA
Cultural Property
Agreement amending and extending memorandum of understanding of January 14 2009
Effected by exchange of notes at Beijing January 6 and 8 2014
Entered into force January 8 2014 With effect from January 14 2014
No 0008
The Embassy ofthe United States ofAmerica presents its compliments to the State
Administration for Cultural Heritage of the Peoples Republic ofChinaand has the honor to
refer to the Memorandum ofUnderstanding Concerning the Imposition of Import Restrictions on
Categories ofArchaeological Material from the Paleolithic Period Through the Tang Dynasty
and Monumental Sculpture and Wall Art at least 250 Years Old signed at Washington January
14 2009 hereinafter referred to as the MOU)
The Embassy on behalfof the Government ofthe United States ofAmerica has the
honor to propose that pursuant to Article IV1 and 2 of the MOU the MOU be extended for an
additional five-year period
The Embassy has the further honor to propose that pursuant to Article IV 2 ofthe MOU
the MOU be amended by replacing Article II with the attached revised Article II The Embassy
also has the honor to propose an amendment to Article I ofthe MOU The proposed amendment
to Article I is attached
Ifthe foregoing proposals are acceptable to the State Administration the Embassy
proposes that this note including the attached revised Article I and Article II and the State
Administrations note in reply shall constitute an agreement to extend and amend the MOU
which shall enter into force on the date of the State Administrations note in reply and shall take
effect on January 14 2014
The Embassy of the United States of America takes this opportunity to renew to the State
Administration for Cultural Heritage of the Peoples Republic of China the assurances of its
highest consideration
DIPLOMATIC NOTE
Attachments
As stated
Embassy of the United States ofAmerica
Beijing January 06 2014
Amendment to Article I ot tile Memorudum of Understanding (2009)
Current Article I 1 The Government ofthe United States ofAmerica in accordance with its legislation entitled the Convention on Cultural Property Implementation Act shaU restrict the importation into the United States of archaeological material originating in China and representing Chinas cultural heritage from the Paleolithic Period through the end of the Tang Dynasty (AD 907) and ofmonumental sculpture and wall art at least 250 years old including categories of metal ceramic stone textiles other organic material glass and painting identified on a list to be promulgated by the United States Government (hereinafter known as the ~Designated List) unless the Government of the Peoples Republic of China issues a license or other documentation which certifies that such exportation was not in violation of its laws For the purposes of this Memorandum of Understanding the restricted Paleolithic objects date from approximately 75000 BC
Insert as ofJanuary 14 2009 the date this MOU entered into force
Amended Article I 1 The Government of the United States of America in accordance with its legislation entitled the Convention on Cultural Property Implementation Act shall restrict the importation into the United States of archaeological material originating in China and representing Chinas cultural heritage from the Paleolithic Period through the end of the Tang Dynasty (AD 907) and of monumental sculpture and wall art at least 250 years old as of January 14 2009 the date this MOU entered into force including categories of metal ceramic stone textiles other organic material glass and painting identified on a list to be promulgated by the United States Government (hereinafter known as the Designated List) unless the Government of the Peoples Republic of China issues a license or other documentation which certifies that such exportation was not in violation of its laws For the purposes of this Memorandum of Understanding the restricted Paleolithic objects date from approximately 75000 BC
United States ofAmerica - Peoples Republic of China Memorandum of Understanding Extension 2014
Revised Article n
PubJic Awareness I Outreach
1 Representatives ofthe Government ofthe People~s Republic ofChina and representatives ofthe Government ofthe United States ofAmerica shall regularly publicize this Memorandum of Understanding and the reasons for it through available outlets ofcommunication
2 The Government ofthe Peoples Republic ofChina and the Government of the United States ofAmerica shall continue to raise public awareness about the long-term importance ofprotecting cultural heritage ftom looting and destruction in the spirit of UNESCO 1970 Convention
Protection I Conservation
3 The Government ofthe Peoples Republic ofChina shall continue its best efforts to inventory collections ofmoveable cuJfural objects to make use ofsurface surveys in order to inventory archaeological sites and t-0 increase research-based archaeology and enhance public awareness ofits importance
4 The Government ofthe Peoples Republic ofChina shall use its best efforts to train and deploy professional security guards and expand the use ofsecurity technology with the aim ofreducing piUage ofcultural property throughout the country especially in remote and high risk areas and shall enhance awareness among government officials and employees ofChinese archeological material and its value to Chinas heritage
5 The Government ofthe Peoples Republic ofChina shall use its best efforts to promote education in museum studies archaeology and cultural resource management Both nations will seek to support these efforts through available existing programs and other means ofcooperation
6 The Government of the United States ofAmerica shall use its best efforts to facilitate technical assistance to the Government ofthe Peoples Republic ofChina with the aim ofpreserving its cultural heritage by such means as improving cultural resource management stabilizing and restoring monuments and sites enhancing capacity for risk prevention in heritage sites and museums and enhancing the capacity of museums to preserve and exhibit collections of its ancient heritage
Collaboration I Interchange
7 The Government ofthe United States ofAmerica recognizes that the Government of the Peoples Republic ofChina permits the international interchange of archaeological materials for cultural educational and scientific purposes to enable widespread public appreciation ofand legal access to Chinas rich cultural heritage The Government ofthe Peoptebulls Republic ofChina agrees to use its best efforts to
further such interchange by
(1) continuing to encourage museum Joans ofarchaeological material including recently excavated objects for research and public display purposes
(2) encouraging Chinese museums to carry out joint efforts with American counterparts including but not limited to finalizing in a timely manner relevant contracts and lists ofobjects loaned and minimizing the logistical difficulties accompanying the exhibition
(3) facilitating the approval ofloan exhibitions to the United States ofAmerica allowing objects in an exhibition to remain outside China for up to two years increasing the number ofGrade l objects allowed in an exhibition and considering longer-term loans ofup to five years ofa limited number ofobjects
(4) facilitating the granting ofpermits to conduct archaeological research in China by streamlining and further clarifying the application process
8 With respect to Chinese cultural objects that meet the following four conditions a) legally exported as part ofa private collection ofChinese heirlooms b) legally transferred among owners c) purchased and imported by residents ofChina and d) declared upon import to China and registered with the relevant authorities the Government ofthe Peoples Republic ofChina shall seek legislative action that permits their re-export
Law Enforcement
9 The Government ofthe Peoples Republic ofChina shall continue measures to improve the effectiveness of its customs officers to stop the illicit exportation of cultural property at borders and ports The Government ofthe United States of America shall increase its efforts to improve the ability of its customs officers to recognize Chinese archaeological material and as appropriate facilitate assistance to China for the training of its customs officers
l 0 The Central Government ofthe Peoples Republic ofChina shall increase joint efforts with the Hong Kong Special Administrative Region and the Macao Special Administrative Region to stop archaeological material looted or stolen from the Chinese mainland from being trafficked into and out ofthese regions
11 The Government of the Peoples Republic ofChina shall seek to further implement regulation of its internal market for antiquities with the aim ofreducing unauthorized transactions
12 Both Governments agree that in order for United States import restrictions to be most successful in thwarting pillage the Government ofthe Peoples Republic of China shall endeavor to strengthen regional cooperation within Asia for the protection of cultural heritage and in the effort to deter further pillage in China shall seek increased cooperation from other importing nations to restrict the import oflootcd archaeological material originating in China
Information Sharing
13To strengthen the cooperation between the two countries
1) the Government ofPeoples Republic ofChina shall provide annually to the Government ofthe United States ofAmerica infonnation and statistics about crimes oftheft clandestine excavation trafficking (illicittrade and smuggling) and abuse of official power an~ as it becomes available information about prosecutions and convictions pertinent to the MOU
2) as itbecomes available and appropriate~ the Government ofthe United States of America shall share information with the Government ofPeoples Republic ofChina regarding trafficking (illicit trade and smuggling) ofChinese cultural property in order to strengthen the ability of both countries to enforce applicable laws and regulations to reduce this trafficking
cp ~A~J~fa~~ A1MJ State Administration of Cultural Heritage
Peoples Republic of China
Informal translation SACH-2014-001
Note verbale
The State Administration of Cultural Heritage of the Peoples Republic of China
presents its compliments to the Embassy of the United States of America and has the
honor to inform your Embassy that your Diplomatic Note No0008 dated January 6
2014 has been received
On Behalf of the Government of the Peoples Republic of China SACH accepts your
Embassys proposal renewing for five more years the validity of the Memorandum of
Understanding Between the Government of the United States of America and the
Government of the Peoples Republic of China Concerning The Imposition of Import
Restrictions on Categories of Archeological Materials From the Paleolithic Period
Through the Tang Dynasty and Monumental Sculpture and Wall Art At Least 250
Years Old and replacing Article 1 and 2 in the original text with the revised version
attached in the Appendix (please see the Chinese text in the Appendix)
SACH also has the honor to accept your Embassys proposal to develop an
agreement on validity renewal and text revision of the MOU based on the note
correspondences between us The new agreement shall come into force on January
14 2014 and be put into implementation on the date of reply by SACH
SACH avails itself of this opportunity to renew to the Embassy of the United States
the assurances of its highest consideration
January 8 2014
Encl As mentioned above
CC Ministry of Foreign Affairs of the Peoples Republic of China
tp rfA~-J2fa ~ ~~A~JEO
State Administration ofCultural Heritage Peoples Republic of China
SACH-2014-001
~ ~
~~~~AOO~~$A~~OO~~
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bullm 20141yen- 1 fj 6 E No 0008 113tR~~~0
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JlfHf ~D 1lUJJf lt 1~ f- bull ( Jf bull middot middot middot ~
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~1ffe~L
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li ~$A~~OO~~S~~-~h ~~-~ ~~~~~~~ampx~~~~~W~~bullo ~00~4 ~tl~~~~~~~~~~~~~~~ ~~~I~~~~ f~o
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fl jjU fi jE( g ~ 7Jri 5pound ~h ~U ~bull iJ ~ft~ f rJJ plusmn~ ~X~ ffit AJf- ffit ill 1i Jh plusmn~ g o
+- ~$A~100~~S~ti~sect~fi~~x~ Jb~tlf ~~Y~P5i~$Jo
+= moo~~~bull ~J~~oo~o~~bull~~ ~~-~~$A~100~~S~h~sect~~~g~~~
~~yen~~-r ~~ ~~h~~~~OO~--~ S4~~sect~~~oOO~-~~ ~oA~OO-~ ~~-t 4-7Jri ~ ~amp ~u 0
lt-gt~$A~~OO~~~-~~~~~~~OO~~
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~JPYi WJOOtAAi~JfJ )1)~~~ ~~h ~31 JJ~~~~ ( ~p) ~~~ktl) 0
________________________________________________________________________
TREATIES AND OTHER INTERNATIONAL ACTS SERIES 14-108
CULTURAL PROPERTY
Agreement Between the
UNITED STATES OF AMERICA
and CHINA
Amending and Extending
Memorandum of Understanding of
January 14 2009
Effected by Exchange of Notes at
Beijing January 6 and 8 2014
NOTE BY THE DEPARTMENT OF STATE
Pursuant to Public Law 89mdash497 approved July 8 1966 (80 Stat 271 1 USC 113)mdash
ldquo 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 thereofrdquo
CHINA
Cultural Property
Agreement amending and extending memorandum of understanding of January 14 2009
Effected by exchange of notes at Beijing January 6 and 8 2014
Entered into force January 8 2014 With effect from January 14 2014
No 0008
The Embassy ofthe United States ofAmerica presents its compliments to the State
Administration for Cultural Heritage of the Peoples Republic ofChinaand has the honor to
refer to the Memorandum ofUnderstanding Concerning the Imposition of Import Restrictions on
Categories ofArchaeological Material from the Paleolithic Period Through the Tang Dynasty
and Monumental Sculpture and Wall Art at least 250 Years Old signed at Washington January
14 2009 hereinafter referred to as the MOU)
The Embassy on behalfof the Government ofthe United States ofAmerica has the
honor to propose that pursuant to Article IV1 and 2 of the MOU the MOU be extended for an
additional five-year period
The Embassy has the further honor to propose that pursuant to Article IV 2 ofthe MOU
the MOU be amended by replacing Article II with the attached revised Article II The Embassy
also has the honor to propose an amendment to Article I ofthe MOU The proposed amendment
to Article I is attached
Ifthe foregoing proposals are acceptable to the State Administration the Embassy
proposes that this note including the attached revised Article I and Article II and the State
Administrations note in reply shall constitute an agreement to extend and amend the MOU
which shall enter into force on the date of the State Administrations note in reply and shall take
effect on January 14 2014
The Embassy of the United States of America takes this opportunity to renew to the State
Administration for Cultural Heritage of the Peoples Republic of China the assurances of its
highest consideration
DIPLOMATIC NOTE
Attachments
As stated
Embassy of the United States ofAmerica
Beijing January 06 2014
Amendment to Article I ot tile Memorudum of Understanding (2009)
Current Article I 1 The Government ofthe United States ofAmerica in accordance with its legislation entitled the Convention on Cultural Property Implementation Act shaU restrict the importation into the United States of archaeological material originating in China and representing Chinas cultural heritage from the Paleolithic Period through the end of the Tang Dynasty (AD 907) and ofmonumental sculpture and wall art at least 250 years old including categories of metal ceramic stone textiles other organic material glass and painting identified on a list to be promulgated by the United States Government (hereinafter known as the ~Designated List) unless the Government of the Peoples Republic of China issues a license or other documentation which certifies that such exportation was not in violation of its laws For the purposes of this Memorandum of Understanding the restricted Paleolithic objects date from approximately 75000 BC
Insert as ofJanuary 14 2009 the date this MOU entered into force
Amended Article I 1 The Government of the United States of America in accordance with its legislation entitled the Convention on Cultural Property Implementation Act shall restrict the importation into the United States of archaeological material originating in China and representing Chinas cultural heritage from the Paleolithic Period through the end of the Tang Dynasty (AD 907) and of monumental sculpture and wall art at least 250 years old as of January 14 2009 the date this MOU entered into force including categories of metal ceramic stone textiles other organic material glass and painting identified on a list to be promulgated by the United States Government (hereinafter known as the Designated List) unless the Government of the Peoples Republic of China issues a license or other documentation which certifies that such exportation was not in violation of its laws For the purposes of this Memorandum of Understanding the restricted Paleolithic objects date from approximately 75000 BC
United States ofAmerica - Peoples Republic of China Memorandum of Understanding Extension 2014
Revised Article n
PubJic Awareness I Outreach
1 Representatives ofthe Government ofthe People~s Republic ofChina and representatives ofthe Government ofthe United States ofAmerica shall regularly publicize this Memorandum of Understanding and the reasons for it through available outlets ofcommunication
2 The Government ofthe Peoples Republic ofChina and the Government of the United States ofAmerica shall continue to raise public awareness about the long-term importance ofprotecting cultural heritage ftom looting and destruction in the spirit of UNESCO 1970 Convention
Protection I Conservation
3 The Government ofthe Peoples Republic ofChina shall continue its best efforts to inventory collections ofmoveable cuJfural objects to make use ofsurface surveys in order to inventory archaeological sites and t-0 increase research-based archaeology and enhance public awareness ofits importance
4 The Government ofthe Peoples Republic ofChina shall use its best efforts to train and deploy professional security guards and expand the use ofsecurity technology with the aim ofreducing piUage ofcultural property throughout the country especially in remote and high risk areas and shall enhance awareness among government officials and employees ofChinese archeological material and its value to Chinas heritage
5 The Government ofthe Peoples Republic ofChina shall use its best efforts to promote education in museum studies archaeology and cultural resource management Both nations will seek to support these efforts through available existing programs and other means ofcooperation
6 The Government of the United States ofAmerica shall use its best efforts to facilitate technical assistance to the Government ofthe Peoples Republic ofChina with the aim ofpreserving its cultural heritage by such means as improving cultural resource management stabilizing and restoring monuments and sites enhancing capacity for risk prevention in heritage sites and museums and enhancing the capacity of museums to preserve and exhibit collections of its ancient heritage
Collaboration I Interchange
7 The Government ofthe United States ofAmerica recognizes that the Government of the Peoples Republic ofChina permits the international interchange of archaeological materials for cultural educational and scientific purposes to enable widespread public appreciation ofand legal access to Chinas rich cultural heritage The Government ofthe Peoptebulls Republic ofChina agrees to use its best efforts to
further such interchange by
(1) continuing to encourage museum Joans ofarchaeological material including recently excavated objects for research and public display purposes
(2) encouraging Chinese museums to carry out joint efforts with American counterparts including but not limited to finalizing in a timely manner relevant contracts and lists ofobjects loaned and minimizing the logistical difficulties accompanying the exhibition
(3) facilitating the approval ofloan exhibitions to the United States ofAmerica allowing objects in an exhibition to remain outside China for up to two years increasing the number ofGrade l objects allowed in an exhibition and considering longer-term loans ofup to five years ofa limited number ofobjects
(4) facilitating the granting ofpermits to conduct archaeological research in China by streamlining and further clarifying the application process
8 With respect to Chinese cultural objects that meet the following four conditions a) legally exported as part ofa private collection ofChinese heirlooms b) legally transferred among owners c) purchased and imported by residents ofChina and d) declared upon import to China and registered with the relevant authorities the Government ofthe Peoples Republic ofChina shall seek legislative action that permits their re-export
Law Enforcement
9 The Government ofthe Peoples Republic ofChina shall continue measures to improve the effectiveness of its customs officers to stop the illicit exportation of cultural property at borders and ports The Government ofthe United States of America shall increase its efforts to improve the ability of its customs officers to recognize Chinese archaeological material and as appropriate facilitate assistance to China for the training of its customs officers
l 0 The Central Government ofthe Peoples Republic ofChina shall increase joint efforts with the Hong Kong Special Administrative Region and the Macao Special Administrative Region to stop archaeological material looted or stolen from the Chinese mainland from being trafficked into and out ofthese regions
11 The Government of the Peoples Republic ofChina shall seek to further implement regulation of its internal market for antiquities with the aim ofreducing unauthorized transactions
12 Both Governments agree that in order for United States import restrictions to be most successful in thwarting pillage the Government ofthe Peoples Republic of China shall endeavor to strengthen regional cooperation within Asia for the protection of cultural heritage and in the effort to deter further pillage in China shall seek increased cooperation from other importing nations to restrict the import oflootcd archaeological material originating in China
Information Sharing
13To strengthen the cooperation between the two countries
1) the Government ofPeoples Republic ofChina shall provide annually to the Government ofthe United States ofAmerica infonnation and statistics about crimes oftheft clandestine excavation trafficking (illicittrade and smuggling) and abuse of official power an~ as it becomes available information about prosecutions and convictions pertinent to the MOU
2) as itbecomes available and appropriate~ the Government ofthe United States of America shall share information with the Government ofPeoples Republic ofChina regarding trafficking (illicit trade and smuggling) ofChinese cultural property in order to strengthen the ability of both countries to enforce applicable laws and regulations to reduce this trafficking
cp ~A~J~fa~~ A1MJ State Administration of Cultural Heritage
Peoples Republic of China
Informal translation SACH-2014-001
Note verbale
The State Administration of Cultural Heritage of the Peoples Republic of China
presents its compliments to the Embassy of the United States of America and has the
honor to inform your Embassy that your Diplomatic Note No0008 dated January 6
2014 has been received
On Behalf of the Government of the Peoples Republic of China SACH accepts your
Embassys proposal renewing for five more years the validity of the Memorandum of
Understanding Between the Government of the United States of America and the
Government of the Peoples Republic of China Concerning The Imposition of Import
Restrictions on Categories of Archeological Materials From the Paleolithic Period
Through the Tang Dynasty and Monumental Sculpture and Wall Art At Least 250
Years Old and replacing Article 1 and 2 in the original text with the revised version
attached in the Appendix (please see the Chinese text in the Appendix)
SACH also has the honor to accept your Embassys proposal to develop an
agreement on validity renewal and text revision of the MOU based on the note
correspondences between us The new agreement shall come into force on January
14 2014 and be put into implementation on the date of reply by SACH
SACH avails itself of this opportunity to renew to the Embassy of the United States
the assurances of its highest consideration
January 8 2014
Encl As mentioned above
CC Ministry of Foreign Affairs of the Peoples Republic of China
tp rfA~-J2fa ~ ~~A~JEO
State Administration ofCultural Heritage Peoples Republic of China
SACH-2014-001
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NOTE BY THE DEPARTMENT OF STATE
Pursuant to Public Law 89mdash497 approved July 8 1966 (80 Stat 271 1 USC 113)mdash
ldquo 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 thereofrdquo
CHINA
Cultural Property
Agreement amending and extending memorandum of understanding of January 14 2009
Effected by exchange of notes at Beijing January 6 and 8 2014
Entered into force January 8 2014 With effect from January 14 2014
No 0008
The Embassy ofthe United States ofAmerica presents its compliments to the State
Administration for Cultural Heritage of the Peoples Republic ofChinaand has the honor to
refer to the Memorandum ofUnderstanding Concerning the Imposition of Import Restrictions on
Categories ofArchaeological Material from the Paleolithic Period Through the Tang Dynasty
and Monumental Sculpture and Wall Art at least 250 Years Old signed at Washington January
14 2009 hereinafter referred to as the MOU)
The Embassy on behalfof the Government ofthe United States ofAmerica has the
honor to propose that pursuant to Article IV1 and 2 of the MOU the MOU be extended for an
additional five-year period
The Embassy has the further honor to propose that pursuant to Article IV 2 ofthe MOU
the MOU be amended by replacing Article II with the attached revised Article II The Embassy
also has the honor to propose an amendment to Article I ofthe MOU The proposed amendment
to Article I is attached
Ifthe foregoing proposals are acceptable to the State Administration the Embassy
proposes that this note including the attached revised Article I and Article II and the State
Administrations note in reply shall constitute an agreement to extend and amend the MOU
which shall enter into force on the date of the State Administrations note in reply and shall take
effect on January 14 2014
The Embassy of the United States of America takes this opportunity to renew to the State
Administration for Cultural Heritage of the Peoples Republic of China the assurances of its
highest consideration
DIPLOMATIC NOTE
Attachments
As stated
Embassy of the United States ofAmerica
Beijing January 06 2014
Amendment to Article I ot tile Memorudum of Understanding (2009)
Current Article I 1 The Government ofthe United States ofAmerica in accordance with its legislation entitled the Convention on Cultural Property Implementation Act shaU restrict the importation into the United States of archaeological material originating in China and representing Chinas cultural heritage from the Paleolithic Period through the end of the Tang Dynasty (AD 907) and ofmonumental sculpture and wall art at least 250 years old including categories of metal ceramic stone textiles other organic material glass and painting identified on a list to be promulgated by the United States Government (hereinafter known as the ~Designated List) unless the Government of the Peoples Republic of China issues a license or other documentation which certifies that such exportation was not in violation of its laws For the purposes of this Memorandum of Understanding the restricted Paleolithic objects date from approximately 75000 BC
Insert as ofJanuary 14 2009 the date this MOU entered into force
Amended Article I 1 The Government of the United States of America in accordance with its legislation entitled the Convention on Cultural Property Implementation Act shall restrict the importation into the United States of archaeological material originating in China and representing Chinas cultural heritage from the Paleolithic Period through the end of the Tang Dynasty (AD 907) and of monumental sculpture and wall art at least 250 years old as of January 14 2009 the date this MOU entered into force including categories of metal ceramic stone textiles other organic material glass and painting identified on a list to be promulgated by the United States Government (hereinafter known as the Designated List) unless the Government of the Peoples Republic of China issues a license or other documentation which certifies that such exportation was not in violation of its laws For the purposes of this Memorandum of Understanding the restricted Paleolithic objects date from approximately 75000 BC
United States ofAmerica - Peoples Republic of China Memorandum of Understanding Extension 2014
Revised Article n
PubJic Awareness I Outreach
1 Representatives ofthe Government ofthe People~s Republic ofChina and representatives ofthe Government ofthe United States ofAmerica shall regularly publicize this Memorandum of Understanding and the reasons for it through available outlets ofcommunication
2 The Government ofthe Peoples Republic ofChina and the Government of the United States ofAmerica shall continue to raise public awareness about the long-term importance ofprotecting cultural heritage ftom looting and destruction in the spirit of UNESCO 1970 Convention
Protection I Conservation
3 The Government ofthe Peoples Republic ofChina shall continue its best efforts to inventory collections ofmoveable cuJfural objects to make use ofsurface surveys in order to inventory archaeological sites and t-0 increase research-based archaeology and enhance public awareness ofits importance
4 The Government ofthe Peoples Republic ofChina shall use its best efforts to train and deploy professional security guards and expand the use ofsecurity technology with the aim ofreducing piUage ofcultural property throughout the country especially in remote and high risk areas and shall enhance awareness among government officials and employees ofChinese archeological material and its value to Chinas heritage
5 The Government ofthe Peoples Republic ofChina shall use its best efforts to promote education in museum studies archaeology and cultural resource management Both nations will seek to support these efforts through available existing programs and other means ofcooperation
6 The Government of the United States ofAmerica shall use its best efforts to facilitate technical assistance to the Government ofthe Peoples Republic ofChina with the aim ofpreserving its cultural heritage by such means as improving cultural resource management stabilizing and restoring monuments and sites enhancing capacity for risk prevention in heritage sites and museums and enhancing the capacity of museums to preserve and exhibit collections of its ancient heritage
Collaboration I Interchange
7 The Government ofthe United States ofAmerica recognizes that the Government of the Peoples Republic ofChina permits the international interchange of archaeological materials for cultural educational and scientific purposes to enable widespread public appreciation ofand legal access to Chinas rich cultural heritage The Government ofthe Peoptebulls Republic ofChina agrees to use its best efforts to
further such interchange by
(1) continuing to encourage museum Joans ofarchaeological material including recently excavated objects for research and public display purposes
(2) encouraging Chinese museums to carry out joint efforts with American counterparts including but not limited to finalizing in a timely manner relevant contracts and lists ofobjects loaned and minimizing the logistical difficulties accompanying the exhibition
(3) facilitating the approval ofloan exhibitions to the United States ofAmerica allowing objects in an exhibition to remain outside China for up to two years increasing the number ofGrade l objects allowed in an exhibition and considering longer-term loans ofup to five years ofa limited number ofobjects
(4) facilitating the granting ofpermits to conduct archaeological research in China by streamlining and further clarifying the application process
8 With respect to Chinese cultural objects that meet the following four conditions a) legally exported as part ofa private collection ofChinese heirlooms b) legally transferred among owners c) purchased and imported by residents ofChina and d) declared upon import to China and registered with the relevant authorities the Government ofthe Peoples Republic ofChina shall seek legislative action that permits their re-export
Law Enforcement
9 The Government ofthe Peoples Republic ofChina shall continue measures to improve the effectiveness of its customs officers to stop the illicit exportation of cultural property at borders and ports The Government ofthe United States of America shall increase its efforts to improve the ability of its customs officers to recognize Chinese archaeological material and as appropriate facilitate assistance to China for the training of its customs officers
l 0 The Central Government ofthe Peoples Republic ofChina shall increase joint efforts with the Hong Kong Special Administrative Region and the Macao Special Administrative Region to stop archaeological material looted or stolen from the Chinese mainland from being trafficked into and out ofthese regions
11 The Government of the Peoples Republic ofChina shall seek to further implement regulation of its internal market for antiquities with the aim ofreducing unauthorized transactions
12 Both Governments agree that in order for United States import restrictions to be most successful in thwarting pillage the Government ofthe Peoples Republic of China shall endeavor to strengthen regional cooperation within Asia for the protection of cultural heritage and in the effort to deter further pillage in China shall seek increased cooperation from other importing nations to restrict the import oflootcd archaeological material originating in China
Information Sharing
13To strengthen the cooperation between the two countries
1) the Government ofPeoples Republic ofChina shall provide annually to the Government ofthe United States ofAmerica infonnation and statistics about crimes oftheft clandestine excavation trafficking (illicittrade and smuggling) and abuse of official power an~ as it becomes available information about prosecutions and convictions pertinent to the MOU
2) as itbecomes available and appropriate~ the Government ofthe United States of America shall share information with the Government ofPeoples Republic ofChina regarding trafficking (illicit trade and smuggling) ofChinese cultural property in order to strengthen the ability of both countries to enforce applicable laws and regulations to reduce this trafficking
cp ~A~J~fa~~ A1MJ State Administration of Cultural Heritage
Peoples Republic of China
Informal translation SACH-2014-001
Note verbale
The State Administration of Cultural Heritage of the Peoples Republic of China
presents its compliments to the Embassy of the United States of America and has the
honor to inform your Embassy that your Diplomatic Note No0008 dated January 6
2014 has been received
On Behalf of the Government of the Peoples Republic of China SACH accepts your
Embassys proposal renewing for five more years the validity of the Memorandum of
Understanding Between the Government of the United States of America and the
Government of the Peoples Republic of China Concerning The Imposition of Import
Restrictions on Categories of Archeological Materials From the Paleolithic Period
Through the Tang Dynasty and Monumental Sculpture and Wall Art At Least 250
Years Old and replacing Article 1 and 2 in the original text with the revised version
attached in the Appendix (please see the Chinese text in the Appendix)
SACH also has the honor to accept your Embassys proposal to develop an
agreement on validity renewal and text revision of the MOU based on the note
correspondences between us The new agreement shall come into force on January
14 2014 and be put into implementation on the date of reply by SACH
SACH avails itself of this opportunity to renew to the Embassy of the United States
the assurances of its highest consideration
January 8 2014
Encl As mentioned above
CC Ministry of Foreign Affairs of the Peoples Republic of China
tp rfA~-J2fa ~ ~~A~JEO
State Administration ofCultural Heritage Peoples Republic of China
SACH-2014-001
~ ~
~~~~AOO~~$A~~OO~~
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bullm 20141yen- 1 fj 6 E No 0008 113tR~~~0
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CHINA
Cultural Property
Agreement amending and extending memorandum of understanding of January 14 2009
Effected by exchange of notes at Beijing January 6 and 8 2014
Entered into force January 8 2014 With effect from January 14 2014
No 0008
The Embassy ofthe United States ofAmerica presents its compliments to the State
Administration for Cultural Heritage of the Peoples Republic ofChinaand has the honor to
refer to the Memorandum ofUnderstanding Concerning the Imposition of Import Restrictions on
Categories ofArchaeological Material from the Paleolithic Period Through the Tang Dynasty
and Monumental Sculpture and Wall Art at least 250 Years Old signed at Washington January
14 2009 hereinafter referred to as the MOU)
The Embassy on behalfof the Government ofthe United States ofAmerica has the
honor to propose that pursuant to Article IV1 and 2 of the MOU the MOU be extended for an
additional five-year period
The Embassy has the further honor to propose that pursuant to Article IV 2 ofthe MOU
the MOU be amended by replacing Article II with the attached revised Article II The Embassy
also has the honor to propose an amendment to Article I ofthe MOU The proposed amendment
to Article I is attached
Ifthe foregoing proposals are acceptable to the State Administration the Embassy
proposes that this note including the attached revised Article I and Article II and the State
Administrations note in reply shall constitute an agreement to extend and amend the MOU
which shall enter into force on the date of the State Administrations note in reply and shall take
effect on January 14 2014
The Embassy of the United States of America takes this opportunity to renew to the State
Administration for Cultural Heritage of the Peoples Republic of China the assurances of its
highest consideration
DIPLOMATIC NOTE
Attachments
As stated
Embassy of the United States ofAmerica
Beijing January 06 2014
Amendment to Article I ot tile Memorudum of Understanding (2009)
Current Article I 1 The Government ofthe United States ofAmerica in accordance with its legislation entitled the Convention on Cultural Property Implementation Act shaU restrict the importation into the United States of archaeological material originating in China and representing Chinas cultural heritage from the Paleolithic Period through the end of the Tang Dynasty (AD 907) and ofmonumental sculpture and wall art at least 250 years old including categories of metal ceramic stone textiles other organic material glass and painting identified on a list to be promulgated by the United States Government (hereinafter known as the ~Designated List) unless the Government of the Peoples Republic of China issues a license or other documentation which certifies that such exportation was not in violation of its laws For the purposes of this Memorandum of Understanding the restricted Paleolithic objects date from approximately 75000 BC
Insert as ofJanuary 14 2009 the date this MOU entered into force
Amended Article I 1 The Government of the United States of America in accordance with its legislation entitled the Convention on Cultural Property Implementation Act shall restrict the importation into the United States of archaeological material originating in China and representing Chinas cultural heritage from the Paleolithic Period through the end of the Tang Dynasty (AD 907) and of monumental sculpture and wall art at least 250 years old as of January 14 2009 the date this MOU entered into force including categories of metal ceramic stone textiles other organic material glass and painting identified on a list to be promulgated by the United States Government (hereinafter known as the Designated List) unless the Government of the Peoples Republic of China issues a license or other documentation which certifies that such exportation was not in violation of its laws For the purposes of this Memorandum of Understanding the restricted Paleolithic objects date from approximately 75000 BC
United States ofAmerica - Peoples Republic of China Memorandum of Understanding Extension 2014
Revised Article n
PubJic Awareness I Outreach
1 Representatives ofthe Government ofthe People~s Republic ofChina and representatives ofthe Government ofthe United States ofAmerica shall regularly publicize this Memorandum of Understanding and the reasons for it through available outlets ofcommunication
2 The Government ofthe Peoples Republic ofChina and the Government of the United States ofAmerica shall continue to raise public awareness about the long-term importance ofprotecting cultural heritage ftom looting and destruction in the spirit of UNESCO 1970 Convention
Protection I Conservation
3 The Government ofthe Peoples Republic ofChina shall continue its best efforts to inventory collections ofmoveable cuJfural objects to make use ofsurface surveys in order to inventory archaeological sites and t-0 increase research-based archaeology and enhance public awareness ofits importance
4 The Government ofthe Peoples Republic ofChina shall use its best efforts to train and deploy professional security guards and expand the use ofsecurity technology with the aim ofreducing piUage ofcultural property throughout the country especially in remote and high risk areas and shall enhance awareness among government officials and employees ofChinese archeological material and its value to Chinas heritage
5 The Government ofthe Peoples Republic ofChina shall use its best efforts to promote education in museum studies archaeology and cultural resource management Both nations will seek to support these efforts through available existing programs and other means ofcooperation
6 The Government of the United States ofAmerica shall use its best efforts to facilitate technical assistance to the Government ofthe Peoples Republic ofChina with the aim ofpreserving its cultural heritage by such means as improving cultural resource management stabilizing and restoring monuments and sites enhancing capacity for risk prevention in heritage sites and museums and enhancing the capacity of museums to preserve and exhibit collections of its ancient heritage
Collaboration I Interchange
7 The Government ofthe United States ofAmerica recognizes that the Government of the Peoples Republic ofChina permits the international interchange of archaeological materials for cultural educational and scientific purposes to enable widespread public appreciation ofand legal access to Chinas rich cultural heritage The Government ofthe Peoptebulls Republic ofChina agrees to use its best efforts to
further such interchange by
(1) continuing to encourage museum Joans ofarchaeological material including recently excavated objects for research and public display purposes
(2) encouraging Chinese museums to carry out joint efforts with American counterparts including but not limited to finalizing in a timely manner relevant contracts and lists ofobjects loaned and minimizing the logistical difficulties accompanying the exhibition
(3) facilitating the approval ofloan exhibitions to the United States ofAmerica allowing objects in an exhibition to remain outside China for up to two years increasing the number ofGrade l objects allowed in an exhibition and considering longer-term loans ofup to five years ofa limited number ofobjects
(4) facilitating the granting ofpermits to conduct archaeological research in China by streamlining and further clarifying the application process
8 With respect to Chinese cultural objects that meet the following four conditions a) legally exported as part ofa private collection ofChinese heirlooms b) legally transferred among owners c) purchased and imported by residents ofChina and d) declared upon import to China and registered with the relevant authorities the Government ofthe Peoples Republic ofChina shall seek legislative action that permits their re-export
Law Enforcement
9 The Government ofthe Peoples Republic ofChina shall continue measures to improve the effectiveness of its customs officers to stop the illicit exportation of cultural property at borders and ports The Government ofthe United States of America shall increase its efforts to improve the ability of its customs officers to recognize Chinese archaeological material and as appropriate facilitate assistance to China for the training of its customs officers
l 0 The Central Government ofthe Peoples Republic ofChina shall increase joint efforts with the Hong Kong Special Administrative Region and the Macao Special Administrative Region to stop archaeological material looted or stolen from the Chinese mainland from being trafficked into and out ofthese regions
11 The Government of the Peoples Republic ofChina shall seek to further implement regulation of its internal market for antiquities with the aim ofreducing unauthorized transactions
12 Both Governments agree that in order for United States import restrictions to be most successful in thwarting pillage the Government ofthe Peoples Republic of China shall endeavor to strengthen regional cooperation within Asia for the protection of cultural heritage and in the effort to deter further pillage in China shall seek increased cooperation from other importing nations to restrict the import oflootcd archaeological material originating in China
Information Sharing
13To strengthen the cooperation between the two countries
1) the Government ofPeoples Republic ofChina shall provide annually to the Government ofthe United States ofAmerica infonnation and statistics about crimes oftheft clandestine excavation trafficking (illicittrade and smuggling) and abuse of official power an~ as it becomes available information about prosecutions and convictions pertinent to the MOU
2) as itbecomes available and appropriate~ the Government ofthe United States of America shall share information with the Government ofPeoples Republic ofChina regarding trafficking (illicit trade and smuggling) ofChinese cultural property in order to strengthen the ability of both countries to enforce applicable laws and regulations to reduce this trafficking
cp ~A~J~fa~~ A1MJ State Administration of Cultural Heritage
Peoples Republic of China
Informal translation SACH-2014-001
Note verbale
The State Administration of Cultural Heritage of the Peoples Republic of China
presents its compliments to the Embassy of the United States of America and has the
honor to inform your Embassy that your Diplomatic Note No0008 dated January 6
2014 has been received
On Behalf of the Government of the Peoples Republic of China SACH accepts your
Embassys proposal renewing for five more years the validity of the Memorandum of
Understanding Between the Government of the United States of America and the
Government of the Peoples Republic of China Concerning The Imposition of Import
Restrictions on Categories of Archeological Materials From the Paleolithic Period
Through the Tang Dynasty and Monumental Sculpture and Wall Art At Least 250
Years Old and replacing Article 1 and 2 in the original text with the revised version
attached in the Appendix (please see the Chinese text in the Appendix)
SACH also has the honor to accept your Embassys proposal to develop an
agreement on validity renewal and text revision of the MOU based on the note
correspondences between us The new agreement shall come into force on January
14 2014 and be put into implementation on the date of reply by SACH
SACH avails itself of this opportunity to renew to the Embassy of the United States
the assurances of its highest consideration
January 8 2014
Encl As mentioned above
CC Ministry of Foreign Affairs of the Peoples Republic of China
tp rfA~-J2fa ~ ~~A~JEO
State Administration ofCultural Heritage Peoples Republic of China
SACH-2014-001
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+- ~$A~100~~S~ti~sect~fi~~x~ Jb~tlf ~~Y~P5i~$Jo
+= moo~~~bull ~J~~oo~o~~bull~~ ~~-~~$A~100~~S~h~sect~~~g~~~
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~JPYi WJOOtAAi~JfJ )1)~~~ ~~h ~31 JJ~~~~ ( ~p) ~~~ktl) 0
No 0008
The Embassy ofthe United States ofAmerica presents its compliments to the State
Administration for Cultural Heritage of the Peoples Republic ofChinaand has the honor to
refer to the Memorandum ofUnderstanding Concerning the Imposition of Import Restrictions on
Categories ofArchaeological Material from the Paleolithic Period Through the Tang Dynasty
and Monumental Sculpture and Wall Art at least 250 Years Old signed at Washington January
14 2009 hereinafter referred to as the MOU)
The Embassy on behalfof the Government ofthe United States ofAmerica has the
honor to propose that pursuant to Article IV1 and 2 of the MOU the MOU be extended for an
additional five-year period
The Embassy has the further honor to propose that pursuant to Article IV 2 ofthe MOU
the MOU be amended by replacing Article II with the attached revised Article II The Embassy
also has the honor to propose an amendment to Article I ofthe MOU The proposed amendment
to Article I is attached
Ifthe foregoing proposals are acceptable to the State Administration the Embassy
proposes that this note including the attached revised Article I and Article II and the State
Administrations note in reply shall constitute an agreement to extend and amend the MOU
which shall enter into force on the date of the State Administrations note in reply and shall take
effect on January 14 2014
The Embassy of the United States of America takes this opportunity to renew to the State
Administration for Cultural Heritage of the Peoples Republic of China the assurances of its
highest consideration
DIPLOMATIC NOTE
Attachments
As stated
Embassy of the United States ofAmerica
Beijing January 06 2014
Amendment to Article I ot tile Memorudum of Understanding (2009)
Current Article I 1 The Government ofthe United States ofAmerica in accordance with its legislation entitled the Convention on Cultural Property Implementation Act shaU restrict the importation into the United States of archaeological material originating in China and representing Chinas cultural heritage from the Paleolithic Period through the end of the Tang Dynasty (AD 907) and ofmonumental sculpture and wall art at least 250 years old including categories of metal ceramic stone textiles other organic material glass and painting identified on a list to be promulgated by the United States Government (hereinafter known as the ~Designated List) unless the Government of the Peoples Republic of China issues a license or other documentation which certifies that such exportation was not in violation of its laws For the purposes of this Memorandum of Understanding the restricted Paleolithic objects date from approximately 75000 BC
Insert as ofJanuary 14 2009 the date this MOU entered into force
Amended Article I 1 The Government of the United States of America in accordance with its legislation entitled the Convention on Cultural Property Implementation Act shall restrict the importation into the United States of archaeological material originating in China and representing Chinas cultural heritage from the Paleolithic Period through the end of the Tang Dynasty (AD 907) and of monumental sculpture and wall art at least 250 years old as of January 14 2009 the date this MOU entered into force including categories of metal ceramic stone textiles other organic material glass and painting identified on a list to be promulgated by the United States Government (hereinafter known as the Designated List) unless the Government of the Peoples Republic of China issues a license or other documentation which certifies that such exportation was not in violation of its laws For the purposes of this Memorandum of Understanding the restricted Paleolithic objects date from approximately 75000 BC
United States ofAmerica - Peoples Republic of China Memorandum of Understanding Extension 2014
Revised Article n
PubJic Awareness I Outreach
1 Representatives ofthe Government ofthe People~s Republic ofChina and representatives ofthe Government ofthe United States ofAmerica shall regularly publicize this Memorandum of Understanding and the reasons for it through available outlets ofcommunication
2 The Government ofthe Peoples Republic ofChina and the Government of the United States ofAmerica shall continue to raise public awareness about the long-term importance ofprotecting cultural heritage ftom looting and destruction in the spirit of UNESCO 1970 Convention
Protection I Conservation
3 The Government ofthe Peoples Republic ofChina shall continue its best efforts to inventory collections ofmoveable cuJfural objects to make use ofsurface surveys in order to inventory archaeological sites and t-0 increase research-based archaeology and enhance public awareness ofits importance
4 The Government ofthe Peoples Republic ofChina shall use its best efforts to train and deploy professional security guards and expand the use ofsecurity technology with the aim ofreducing piUage ofcultural property throughout the country especially in remote and high risk areas and shall enhance awareness among government officials and employees ofChinese archeological material and its value to Chinas heritage
5 The Government ofthe Peoples Republic ofChina shall use its best efforts to promote education in museum studies archaeology and cultural resource management Both nations will seek to support these efforts through available existing programs and other means ofcooperation
6 The Government of the United States ofAmerica shall use its best efforts to facilitate technical assistance to the Government ofthe Peoples Republic ofChina with the aim ofpreserving its cultural heritage by such means as improving cultural resource management stabilizing and restoring monuments and sites enhancing capacity for risk prevention in heritage sites and museums and enhancing the capacity of museums to preserve and exhibit collections of its ancient heritage
Collaboration I Interchange
7 The Government ofthe United States ofAmerica recognizes that the Government of the Peoples Republic ofChina permits the international interchange of archaeological materials for cultural educational and scientific purposes to enable widespread public appreciation ofand legal access to Chinas rich cultural heritage The Government ofthe Peoptebulls Republic ofChina agrees to use its best efforts to
further such interchange by
(1) continuing to encourage museum Joans ofarchaeological material including recently excavated objects for research and public display purposes
(2) encouraging Chinese museums to carry out joint efforts with American counterparts including but not limited to finalizing in a timely manner relevant contracts and lists ofobjects loaned and minimizing the logistical difficulties accompanying the exhibition
(3) facilitating the approval ofloan exhibitions to the United States ofAmerica allowing objects in an exhibition to remain outside China for up to two years increasing the number ofGrade l objects allowed in an exhibition and considering longer-term loans ofup to five years ofa limited number ofobjects
(4) facilitating the granting ofpermits to conduct archaeological research in China by streamlining and further clarifying the application process
8 With respect to Chinese cultural objects that meet the following four conditions a) legally exported as part ofa private collection ofChinese heirlooms b) legally transferred among owners c) purchased and imported by residents ofChina and d) declared upon import to China and registered with the relevant authorities the Government ofthe Peoples Republic ofChina shall seek legislative action that permits their re-export
Law Enforcement
9 The Government ofthe Peoples Republic ofChina shall continue measures to improve the effectiveness of its customs officers to stop the illicit exportation of cultural property at borders and ports The Government ofthe United States of America shall increase its efforts to improve the ability of its customs officers to recognize Chinese archaeological material and as appropriate facilitate assistance to China for the training of its customs officers
l 0 The Central Government ofthe Peoples Republic ofChina shall increase joint efforts with the Hong Kong Special Administrative Region and the Macao Special Administrative Region to stop archaeological material looted or stolen from the Chinese mainland from being trafficked into and out ofthese regions
11 The Government of the Peoples Republic ofChina shall seek to further implement regulation of its internal market for antiquities with the aim ofreducing unauthorized transactions
12 Both Governments agree that in order for United States import restrictions to be most successful in thwarting pillage the Government ofthe Peoples Republic of China shall endeavor to strengthen regional cooperation within Asia for the protection of cultural heritage and in the effort to deter further pillage in China shall seek increased cooperation from other importing nations to restrict the import oflootcd archaeological material originating in China
Information Sharing
13To strengthen the cooperation between the two countries
1) the Government ofPeoples Republic ofChina shall provide annually to the Government ofthe United States ofAmerica infonnation and statistics about crimes oftheft clandestine excavation trafficking (illicittrade and smuggling) and abuse of official power an~ as it becomes available information about prosecutions and convictions pertinent to the MOU
2) as itbecomes available and appropriate~ the Government ofthe United States of America shall share information with the Government ofPeoples Republic ofChina regarding trafficking (illicit trade and smuggling) ofChinese cultural property in order to strengthen the ability of both countries to enforce applicable laws and regulations to reduce this trafficking
cp ~A~J~fa~~ A1MJ State Administration of Cultural Heritage
Peoples Republic of China
Informal translation SACH-2014-001
Note verbale
The State Administration of Cultural Heritage of the Peoples Republic of China
presents its compliments to the Embassy of the United States of America and has the
honor to inform your Embassy that your Diplomatic Note No0008 dated January 6
2014 has been received
On Behalf of the Government of the Peoples Republic of China SACH accepts your
Embassys proposal renewing for five more years the validity of the Memorandum of
Understanding Between the Government of the United States of America and the
Government of the Peoples Republic of China Concerning The Imposition of Import
Restrictions on Categories of Archeological Materials From the Paleolithic Period
Through the Tang Dynasty and Monumental Sculpture and Wall Art At Least 250
Years Old and replacing Article 1 and 2 in the original text with the revised version
attached in the Appendix (please see the Chinese text in the Appendix)
SACH also has the honor to accept your Embassys proposal to develop an
agreement on validity renewal and text revision of the MOU based on the note
correspondences between us The new agreement shall come into force on January
14 2014 and be put into implementation on the date of reply by SACH
SACH avails itself of this opportunity to renew to the Embassy of the United States
the assurances of its highest consideration
January 8 2014
Encl As mentioned above
CC Ministry of Foreign Affairs of the Peoples Republic of China
tp rfA~-J2fa ~ ~~A~JEO
State Administration ofCultural Heritage Peoples Republic of China
SACH-2014-001
~ ~
~~~~AOO~~$A~~OO~~
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Attachments
As stated
Embassy of the United States ofAmerica
Beijing January 06 2014
Amendment to Article I ot tile Memorudum of Understanding (2009)
Current Article I 1 The Government ofthe United States ofAmerica in accordance with its legislation entitled the Convention on Cultural Property Implementation Act shaU restrict the importation into the United States of archaeological material originating in China and representing Chinas cultural heritage from the Paleolithic Period through the end of the Tang Dynasty (AD 907) and ofmonumental sculpture and wall art at least 250 years old including categories of metal ceramic stone textiles other organic material glass and painting identified on a list to be promulgated by the United States Government (hereinafter known as the ~Designated List) unless the Government of the Peoples Republic of China issues a license or other documentation which certifies that such exportation was not in violation of its laws For the purposes of this Memorandum of Understanding the restricted Paleolithic objects date from approximately 75000 BC
Insert as ofJanuary 14 2009 the date this MOU entered into force
Amended Article I 1 The Government of the United States of America in accordance with its legislation entitled the Convention on Cultural Property Implementation Act shall restrict the importation into the United States of archaeological material originating in China and representing Chinas cultural heritage from the Paleolithic Period through the end of the Tang Dynasty (AD 907) and of monumental sculpture and wall art at least 250 years old as of January 14 2009 the date this MOU entered into force including categories of metal ceramic stone textiles other organic material glass and painting identified on a list to be promulgated by the United States Government (hereinafter known as the Designated List) unless the Government of the Peoples Republic of China issues a license or other documentation which certifies that such exportation was not in violation of its laws For the purposes of this Memorandum of Understanding the restricted Paleolithic objects date from approximately 75000 BC
United States ofAmerica - Peoples Republic of China Memorandum of Understanding Extension 2014
Revised Article n
PubJic Awareness I Outreach
1 Representatives ofthe Government ofthe People~s Republic ofChina and representatives ofthe Government ofthe United States ofAmerica shall regularly publicize this Memorandum of Understanding and the reasons for it through available outlets ofcommunication
2 The Government ofthe Peoples Republic ofChina and the Government of the United States ofAmerica shall continue to raise public awareness about the long-term importance ofprotecting cultural heritage ftom looting and destruction in the spirit of UNESCO 1970 Convention
Protection I Conservation
3 The Government ofthe Peoples Republic ofChina shall continue its best efforts to inventory collections ofmoveable cuJfural objects to make use ofsurface surveys in order to inventory archaeological sites and t-0 increase research-based archaeology and enhance public awareness ofits importance
4 The Government ofthe Peoples Republic ofChina shall use its best efforts to train and deploy professional security guards and expand the use ofsecurity technology with the aim ofreducing piUage ofcultural property throughout the country especially in remote and high risk areas and shall enhance awareness among government officials and employees ofChinese archeological material and its value to Chinas heritage
5 The Government ofthe Peoples Republic ofChina shall use its best efforts to promote education in museum studies archaeology and cultural resource management Both nations will seek to support these efforts through available existing programs and other means ofcooperation
6 The Government of the United States ofAmerica shall use its best efforts to facilitate technical assistance to the Government ofthe Peoples Republic ofChina with the aim ofpreserving its cultural heritage by such means as improving cultural resource management stabilizing and restoring monuments and sites enhancing capacity for risk prevention in heritage sites and museums and enhancing the capacity of museums to preserve and exhibit collections of its ancient heritage
Collaboration I Interchange
7 The Government ofthe United States ofAmerica recognizes that the Government of the Peoples Republic ofChina permits the international interchange of archaeological materials for cultural educational and scientific purposes to enable widespread public appreciation ofand legal access to Chinas rich cultural heritage The Government ofthe Peoptebulls Republic ofChina agrees to use its best efforts to
further such interchange by
(1) continuing to encourage museum Joans ofarchaeological material including recently excavated objects for research and public display purposes
(2) encouraging Chinese museums to carry out joint efforts with American counterparts including but not limited to finalizing in a timely manner relevant contracts and lists ofobjects loaned and minimizing the logistical difficulties accompanying the exhibition
(3) facilitating the approval ofloan exhibitions to the United States ofAmerica allowing objects in an exhibition to remain outside China for up to two years increasing the number ofGrade l objects allowed in an exhibition and considering longer-term loans ofup to five years ofa limited number ofobjects
(4) facilitating the granting ofpermits to conduct archaeological research in China by streamlining and further clarifying the application process
8 With respect to Chinese cultural objects that meet the following four conditions a) legally exported as part ofa private collection ofChinese heirlooms b) legally transferred among owners c) purchased and imported by residents ofChina and d) declared upon import to China and registered with the relevant authorities the Government ofthe Peoples Republic ofChina shall seek legislative action that permits their re-export
Law Enforcement
9 The Government ofthe Peoples Republic ofChina shall continue measures to improve the effectiveness of its customs officers to stop the illicit exportation of cultural property at borders and ports The Government ofthe United States of America shall increase its efforts to improve the ability of its customs officers to recognize Chinese archaeological material and as appropriate facilitate assistance to China for the training of its customs officers
l 0 The Central Government ofthe Peoples Republic ofChina shall increase joint efforts with the Hong Kong Special Administrative Region and the Macao Special Administrative Region to stop archaeological material looted or stolen from the Chinese mainland from being trafficked into and out ofthese regions
11 The Government of the Peoples Republic ofChina shall seek to further implement regulation of its internal market for antiquities with the aim ofreducing unauthorized transactions
12 Both Governments agree that in order for United States import restrictions to be most successful in thwarting pillage the Government ofthe Peoples Republic of China shall endeavor to strengthen regional cooperation within Asia for the protection of cultural heritage and in the effort to deter further pillage in China shall seek increased cooperation from other importing nations to restrict the import oflootcd archaeological material originating in China
Information Sharing
13To strengthen the cooperation between the two countries
1) the Government ofPeoples Republic ofChina shall provide annually to the Government ofthe United States ofAmerica infonnation and statistics about crimes oftheft clandestine excavation trafficking (illicittrade and smuggling) and abuse of official power an~ as it becomes available information about prosecutions and convictions pertinent to the MOU
2) as itbecomes available and appropriate~ the Government ofthe United States of America shall share information with the Government ofPeoples Republic ofChina regarding trafficking (illicit trade and smuggling) ofChinese cultural property in order to strengthen the ability of both countries to enforce applicable laws and regulations to reduce this trafficking
cp ~A~J~fa~~ A1MJ State Administration of Cultural Heritage
Peoples Republic of China
Informal translation SACH-2014-001
Note verbale
The State Administration of Cultural Heritage of the Peoples Republic of China
presents its compliments to the Embassy of the United States of America and has the
honor to inform your Embassy that your Diplomatic Note No0008 dated January 6
2014 has been received
On Behalf of the Government of the Peoples Republic of China SACH accepts your
Embassys proposal renewing for five more years the validity of the Memorandum of
Understanding Between the Government of the United States of America and the
Government of the Peoples Republic of China Concerning The Imposition of Import
Restrictions on Categories of Archeological Materials From the Paleolithic Period
Through the Tang Dynasty and Monumental Sculpture and Wall Art At Least 250
Years Old and replacing Article 1 and 2 in the original text with the revised version
attached in the Appendix (please see the Chinese text in the Appendix)
SACH also has the honor to accept your Embassys proposal to develop an
agreement on validity renewal and text revision of the MOU based on the note
correspondences between us The new agreement shall come into force on January
14 2014 and be put into implementation on the date of reply by SACH
SACH avails itself of this opportunity to renew to the Embassy of the United States
the assurances of its highest consideration
January 8 2014
Encl As mentioned above
CC Ministry of Foreign Affairs of the Peoples Republic of China
tp rfA~-J2fa ~ ~~A~JEO
State Administration ofCultural Heritage Peoples Republic of China
SACH-2014-001
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+ ~$A ~100 ~ jcjf(~m~ ffltjjtl1tjf(g17~
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+- ~$A~100~~S~ti~sect~fi~~x~ Jb~tlf ~~Y~P5i~$Jo
+= moo~~~bull ~J~~oo~o~~bull~~ ~~-~~$A~100~~S~h~sect~~~g~~~
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~JPYi WJOOtAAi~JfJ )1)~~~ ~~h ~31 JJ~~~~ ( ~p) ~~~ktl) 0
Amendment to Article I ot tile Memorudum of Understanding (2009)
Current Article I 1 The Government ofthe United States ofAmerica in accordance with its legislation entitled the Convention on Cultural Property Implementation Act shaU restrict the importation into the United States of archaeological material originating in China and representing Chinas cultural heritage from the Paleolithic Period through the end of the Tang Dynasty (AD 907) and ofmonumental sculpture and wall art at least 250 years old including categories of metal ceramic stone textiles other organic material glass and painting identified on a list to be promulgated by the United States Government (hereinafter known as the ~Designated List) unless the Government of the Peoples Republic of China issues a license or other documentation which certifies that such exportation was not in violation of its laws For the purposes of this Memorandum of Understanding the restricted Paleolithic objects date from approximately 75000 BC
Insert as ofJanuary 14 2009 the date this MOU entered into force
Amended Article I 1 The Government of the United States of America in accordance with its legislation entitled the Convention on Cultural Property Implementation Act shall restrict the importation into the United States of archaeological material originating in China and representing Chinas cultural heritage from the Paleolithic Period through the end of the Tang Dynasty (AD 907) and of monumental sculpture and wall art at least 250 years old as of January 14 2009 the date this MOU entered into force including categories of metal ceramic stone textiles other organic material glass and painting identified on a list to be promulgated by the United States Government (hereinafter known as the Designated List) unless the Government of the Peoples Republic of China issues a license or other documentation which certifies that such exportation was not in violation of its laws For the purposes of this Memorandum of Understanding the restricted Paleolithic objects date from approximately 75000 BC
United States ofAmerica - Peoples Republic of China Memorandum of Understanding Extension 2014
Revised Article n
PubJic Awareness I Outreach
1 Representatives ofthe Government ofthe People~s Republic ofChina and representatives ofthe Government ofthe United States ofAmerica shall regularly publicize this Memorandum of Understanding and the reasons for it through available outlets ofcommunication
2 The Government ofthe Peoples Republic ofChina and the Government of the United States ofAmerica shall continue to raise public awareness about the long-term importance ofprotecting cultural heritage ftom looting and destruction in the spirit of UNESCO 1970 Convention
Protection I Conservation
3 The Government ofthe Peoples Republic ofChina shall continue its best efforts to inventory collections ofmoveable cuJfural objects to make use ofsurface surveys in order to inventory archaeological sites and t-0 increase research-based archaeology and enhance public awareness ofits importance
4 The Government ofthe Peoples Republic ofChina shall use its best efforts to train and deploy professional security guards and expand the use ofsecurity technology with the aim ofreducing piUage ofcultural property throughout the country especially in remote and high risk areas and shall enhance awareness among government officials and employees ofChinese archeological material and its value to Chinas heritage
5 The Government ofthe Peoples Republic ofChina shall use its best efforts to promote education in museum studies archaeology and cultural resource management Both nations will seek to support these efforts through available existing programs and other means ofcooperation
6 The Government of the United States ofAmerica shall use its best efforts to facilitate technical assistance to the Government ofthe Peoples Republic ofChina with the aim ofpreserving its cultural heritage by such means as improving cultural resource management stabilizing and restoring monuments and sites enhancing capacity for risk prevention in heritage sites and museums and enhancing the capacity of museums to preserve and exhibit collections of its ancient heritage
Collaboration I Interchange
7 The Government ofthe United States ofAmerica recognizes that the Government of the Peoples Republic ofChina permits the international interchange of archaeological materials for cultural educational and scientific purposes to enable widespread public appreciation ofand legal access to Chinas rich cultural heritage The Government ofthe Peoptebulls Republic ofChina agrees to use its best efforts to
further such interchange by
(1) continuing to encourage museum Joans ofarchaeological material including recently excavated objects for research and public display purposes
(2) encouraging Chinese museums to carry out joint efforts with American counterparts including but not limited to finalizing in a timely manner relevant contracts and lists ofobjects loaned and minimizing the logistical difficulties accompanying the exhibition
(3) facilitating the approval ofloan exhibitions to the United States ofAmerica allowing objects in an exhibition to remain outside China for up to two years increasing the number ofGrade l objects allowed in an exhibition and considering longer-term loans ofup to five years ofa limited number ofobjects
(4) facilitating the granting ofpermits to conduct archaeological research in China by streamlining and further clarifying the application process
8 With respect to Chinese cultural objects that meet the following four conditions a) legally exported as part ofa private collection ofChinese heirlooms b) legally transferred among owners c) purchased and imported by residents ofChina and d) declared upon import to China and registered with the relevant authorities the Government ofthe Peoples Republic ofChina shall seek legislative action that permits their re-export
Law Enforcement
9 The Government ofthe Peoples Republic ofChina shall continue measures to improve the effectiveness of its customs officers to stop the illicit exportation of cultural property at borders and ports The Government ofthe United States of America shall increase its efforts to improve the ability of its customs officers to recognize Chinese archaeological material and as appropriate facilitate assistance to China for the training of its customs officers
l 0 The Central Government ofthe Peoples Republic ofChina shall increase joint efforts with the Hong Kong Special Administrative Region and the Macao Special Administrative Region to stop archaeological material looted or stolen from the Chinese mainland from being trafficked into and out ofthese regions
11 The Government of the Peoples Republic ofChina shall seek to further implement regulation of its internal market for antiquities with the aim ofreducing unauthorized transactions
12 Both Governments agree that in order for United States import restrictions to be most successful in thwarting pillage the Government ofthe Peoples Republic of China shall endeavor to strengthen regional cooperation within Asia for the protection of cultural heritage and in the effort to deter further pillage in China shall seek increased cooperation from other importing nations to restrict the import oflootcd archaeological material originating in China
Information Sharing
13To strengthen the cooperation between the two countries
1) the Government ofPeoples Republic ofChina shall provide annually to the Government ofthe United States ofAmerica infonnation and statistics about crimes oftheft clandestine excavation trafficking (illicittrade and smuggling) and abuse of official power an~ as it becomes available information about prosecutions and convictions pertinent to the MOU
2) as itbecomes available and appropriate~ the Government ofthe United States of America shall share information with the Government ofPeoples Republic ofChina regarding trafficking (illicit trade and smuggling) ofChinese cultural property in order to strengthen the ability of both countries to enforce applicable laws and regulations to reduce this trafficking
cp ~A~J~fa~~ A1MJ State Administration of Cultural Heritage
Peoples Republic of China
Informal translation SACH-2014-001
Note verbale
The State Administration of Cultural Heritage of the Peoples Republic of China
presents its compliments to the Embassy of the United States of America and has the
honor to inform your Embassy that your Diplomatic Note No0008 dated January 6
2014 has been received
On Behalf of the Government of the Peoples Republic of China SACH accepts your
Embassys proposal renewing for five more years the validity of the Memorandum of
Understanding Between the Government of the United States of America and the
Government of the Peoples Republic of China Concerning The Imposition of Import
Restrictions on Categories of Archeological Materials From the Paleolithic Period
Through the Tang Dynasty and Monumental Sculpture and Wall Art At Least 250
Years Old and replacing Article 1 and 2 in the original text with the revised version
attached in the Appendix (please see the Chinese text in the Appendix)
SACH also has the honor to accept your Embassys proposal to develop an
agreement on validity renewal and text revision of the MOU based on the note
correspondences between us The new agreement shall come into force on January
14 2014 and be put into implementation on the date of reply by SACH
SACH avails itself of this opportunity to renew to the Embassy of the United States
the assurances of its highest consideration
January 8 2014
Encl As mentioned above
CC Ministry of Foreign Affairs of the Peoples Republic of China
tp rfA~-J2fa ~ ~~A~JEO
State Administration ofCultural Heritage Peoples Republic of China
SACH-2014-001
~ ~
~~~~AOO~~$A~~OO~~
~$A~~OOOOx~~~~~~~~oo~~$A~ ~00-~m~~ -5Rt-Jif~
bullm 20141yen- 1 fj 6 E No 0008 113tR~~~0
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United States ofAmerica - Peoples Republic of China Memorandum of Understanding Extension 2014
Revised Article n
PubJic Awareness I Outreach
1 Representatives ofthe Government ofthe People~s Republic ofChina and representatives ofthe Government ofthe United States ofAmerica shall regularly publicize this Memorandum of Understanding and the reasons for it through available outlets ofcommunication
2 The Government ofthe Peoples Republic ofChina and the Government of the United States ofAmerica shall continue to raise public awareness about the long-term importance ofprotecting cultural heritage ftom looting and destruction in the spirit of UNESCO 1970 Convention
Protection I Conservation
3 The Government ofthe Peoples Republic ofChina shall continue its best efforts to inventory collections ofmoveable cuJfural objects to make use ofsurface surveys in order to inventory archaeological sites and t-0 increase research-based archaeology and enhance public awareness ofits importance
4 The Government ofthe Peoples Republic ofChina shall use its best efforts to train and deploy professional security guards and expand the use ofsecurity technology with the aim ofreducing piUage ofcultural property throughout the country especially in remote and high risk areas and shall enhance awareness among government officials and employees ofChinese archeological material and its value to Chinas heritage
5 The Government ofthe Peoples Republic ofChina shall use its best efforts to promote education in museum studies archaeology and cultural resource management Both nations will seek to support these efforts through available existing programs and other means ofcooperation
6 The Government of the United States ofAmerica shall use its best efforts to facilitate technical assistance to the Government ofthe Peoples Republic ofChina with the aim ofpreserving its cultural heritage by such means as improving cultural resource management stabilizing and restoring monuments and sites enhancing capacity for risk prevention in heritage sites and museums and enhancing the capacity of museums to preserve and exhibit collections of its ancient heritage
Collaboration I Interchange
7 The Government ofthe United States ofAmerica recognizes that the Government of the Peoples Republic ofChina permits the international interchange of archaeological materials for cultural educational and scientific purposes to enable widespread public appreciation ofand legal access to Chinas rich cultural heritage The Government ofthe Peoptebulls Republic ofChina agrees to use its best efforts to
further such interchange by
(1) continuing to encourage museum Joans ofarchaeological material including recently excavated objects for research and public display purposes
(2) encouraging Chinese museums to carry out joint efforts with American counterparts including but not limited to finalizing in a timely manner relevant contracts and lists ofobjects loaned and minimizing the logistical difficulties accompanying the exhibition
(3) facilitating the approval ofloan exhibitions to the United States ofAmerica allowing objects in an exhibition to remain outside China for up to two years increasing the number ofGrade l objects allowed in an exhibition and considering longer-term loans ofup to five years ofa limited number ofobjects
(4) facilitating the granting ofpermits to conduct archaeological research in China by streamlining and further clarifying the application process
8 With respect to Chinese cultural objects that meet the following four conditions a) legally exported as part ofa private collection ofChinese heirlooms b) legally transferred among owners c) purchased and imported by residents ofChina and d) declared upon import to China and registered with the relevant authorities the Government ofthe Peoples Republic ofChina shall seek legislative action that permits their re-export
Law Enforcement
9 The Government ofthe Peoples Republic ofChina shall continue measures to improve the effectiveness of its customs officers to stop the illicit exportation of cultural property at borders and ports The Government ofthe United States of America shall increase its efforts to improve the ability of its customs officers to recognize Chinese archaeological material and as appropriate facilitate assistance to China for the training of its customs officers
l 0 The Central Government ofthe Peoples Republic ofChina shall increase joint efforts with the Hong Kong Special Administrative Region and the Macao Special Administrative Region to stop archaeological material looted or stolen from the Chinese mainland from being trafficked into and out ofthese regions
11 The Government of the Peoples Republic ofChina shall seek to further implement regulation of its internal market for antiquities with the aim ofreducing unauthorized transactions
12 Both Governments agree that in order for United States import restrictions to be most successful in thwarting pillage the Government ofthe Peoples Republic of China shall endeavor to strengthen regional cooperation within Asia for the protection of cultural heritage and in the effort to deter further pillage in China shall seek increased cooperation from other importing nations to restrict the import oflootcd archaeological material originating in China
Information Sharing
13To strengthen the cooperation between the two countries
1) the Government ofPeoples Republic ofChina shall provide annually to the Government ofthe United States ofAmerica infonnation and statistics about crimes oftheft clandestine excavation trafficking (illicittrade and smuggling) and abuse of official power an~ as it becomes available information about prosecutions and convictions pertinent to the MOU
2) as itbecomes available and appropriate~ the Government ofthe United States of America shall share information with the Government ofPeoples Republic ofChina regarding trafficking (illicit trade and smuggling) ofChinese cultural property in order to strengthen the ability of both countries to enforce applicable laws and regulations to reduce this trafficking
cp ~A~J~fa~~ A1MJ State Administration of Cultural Heritage
Peoples Republic of China
Informal translation SACH-2014-001
Note verbale
The State Administration of Cultural Heritage of the Peoples Republic of China
presents its compliments to the Embassy of the United States of America and has the
honor to inform your Embassy that your Diplomatic Note No0008 dated January 6
2014 has been received
On Behalf of the Government of the Peoples Republic of China SACH accepts your
Embassys proposal renewing for five more years the validity of the Memorandum of
Understanding Between the Government of the United States of America and the
Government of the Peoples Republic of China Concerning The Imposition of Import
Restrictions on Categories of Archeological Materials From the Paleolithic Period
Through the Tang Dynasty and Monumental Sculpture and Wall Art At Least 250
Years Old and replacing Article 1 and 2 in the original text with the revised version
attached in the Appendix (please see the Chinese text in the Appendix)
SACH also has the honor to accept your Embassys proposal to develop an
agreement on validity renewal and text revision of the MOU based on the note
correspondences between us The new agreement shall come into force on January
14 2014 and be put into implementation on the date of reply by SACH
SACH avails itself of this opportunity to renew to the Embassy of the United States
the assurances of its highest consideration
January 8 2014
Encl As mentioned above
CC Ministry of Foreign Affairs of the Peoples Republic of China
tp rfA~-J2fa ~ ~~A~JEO
State Administration ofCultural Heritage Peoples Republic of China
SACH-2014-001
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further such interchange by
(1) continuing to encourage museum Joans ofarchaeological material including recently excavated objects for research and public display purposes
(2) encouraging Chinese museums to carry out joint efforts with American counterparts including but not limited to finalizing in a timely manner relevant contracts and lists ofobjects loaned and minimizing the logistical difficulties accompanying the exhibition
(3) facilitating the approval ofloan exhibitions to the United States ofAmerica allowing objects in an exhibition to remain outside China for up to two years increasing the number ofGrade l objects allowed in an exhibition and considering longer-term loans ofup to five years ofa limited number ofobjects
(4) facilitating the granting ofpermits to conduct archaeological research in China by streamlining and further clarifying the application process
8 With respect to Chinese cultural objects that meet the following four conditions a) legally exported as part ofa private collection ofChinese heirlooms b) legally transferred among owners c) purchased and imported by residents ofChina and d) declared upon import to China and registered with the relevant authorities the Government ofthe Peoples Republic ofChina shall seek legislative action that permits their re-export
Law Enforcement
9 The Government ofthe Peoples Republic ofChina shall continue measures to improve the effectiveness of its customs officers to stop the illicit exportation of cultural property at borders and ports The Government ofthe United States of America shall increase its efforts to improve the ability of its customs officers to recognize Chinese archaeological material and as appropriate facilitate assistance to China for the training of its customs officers
l 0 The Central Government ofthe Peoples Republic ofChina shall increase joint efforts with the Hong Kong Special Administrative Region and the Macao Special Administrative Region to stop archaeological material looted or stolen from the Chinese mainland from being trafficked into and out ofthese regions
11 The Government of the Peoples Republic ofChina shall seek to further implement regulation of its internal market for antiquities with the aim ofreducing unauthorized transactions
12 Both Governments agree that in order for United States import restrictions to be most successful in thwarting pillage the Government ofthe Peoples Republic of China shall endeavor to strengthen regional cooperation within Asia for the protection of cultural heritage and in the effort to deter further pillage in China shall seek increased cooperation from other importing nations to restrict the import oflootcd archaeological material originating in China
Information Sharing
13To strengthen the cooperation between the two countries
1) the Government ofPeoples Republic ofChina shall provide annually to the Government ofthe United States ofAmerica infonnation and statistics about crimes oftheft clandestine excavation trafficking (illicittrade and smuggling) and abuse of official power an~ as it becomes available information about prosecutions and convictions pertinent to the MOU
2) as itbecomes available and appropriate~ the Government ofthe United States of America shall share information with the Government ofPeoples Republic ofChina regarding trafficking (illicit trade and smuggling) ofChinese cultural property in order to strengthen the ability of both countries to enforce applicable laws and regulations to reduce this trafficking
cp ~A~J~fa~~ A1MJ State Administration of Cultural Heritage
Peoples Republic of China
Informal translation SACH-2014-001
Note verbale
The State Administration of Cultural Heritage of the Peoples Republic of China
presents its compliments to the Embassy of the United States of America and has the
honor to inform your Embassy that your Diplomatic Note No0008 dated January 6
2014 has been received
On Behalf of the Government of the Peoples Republic of China SACH accepts your
Embassys proposal renewing for five more years the validity of the Memorandum of
Understanding Between the Government of the United States of America and the
Government of the Peoples Republic of China Concerning The Imposition of Import
Restrictions on Categories of Archeological Materials From the Paleolithic Period
Through the Tang Dynasty and Monumental Sculpture and Wall Art At Least 250
Years Old and replacing Article 1 and 2 in the original text with the revised version
attached in the Appendix (please see the Chinese text in the Appendix)
SACH also has the honor to accept your Embassys proposal to develop an
agreement on validity renewal and text revision of the MOU based on the note
correspondences between us The new agreement shall come into force on January
14 2014 and be put into implementation on the date of reply by SACH
SACH avails itself of this opportunity to renew to the Embassy of the United States
the assurances of its highest consideration
January 8 2014
Encl As mentioned above
CC Ministry of Foreign Affairs of the Peoples Republic of China
tp rfA~-J2fa ~ ~~A~JEO
State Administration ofCultural Heritage Peoples Republic of China
SACH-2014-001
~ ~
~~~~AOO~~$A~~OO~~
~$A~~OOOOx~~~~~~~~oo~~$A~ ~00-~m~~ -5Rt-Jif~
bullm 20141yen- 1 fj 6 E No 0008 113tR~~~0
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Information Sharing
13To strengthen the cooperation between the two countries
1) the Government ofPeoples Republic ofChina shall provide annually to the Government ofthe United States ofAmerica infonnation and statistics about crimes oftheft clandestine excavation trafficking (illicittrade and smuggling) and abuse of official power an~ as it becomes available information about prosecutions and convictions pertinent to the MOU
2) as itbecomes available and appropriate~ the Government ofthe United States of America shall share information with the Government ofPeoples Republic ofChina regarding trafficking (illicit trade and smuggling) ofChinese cultural property in order to strengthen the ability of both countries to enforce applicable laws and regulations to reduce this trafficking
cp ~A~J~fa~~ A1MJ State Administration of Cultural Heritage
Peoples Republic of China
Informal translation SACH-2014-001
Note verbale
The State Administration of Cultural Heritage of the Peoples Republic of China
presents its compliments to the Embassy of the United States of America and has the
honor to inform your Embassy that your Diplomatic Note No0008 dated January 6
2014 has been received
On Behalf of the Government of the Peoples Republic of China SACH accepts your
Embassys proposal renewing for five more years the validity of the Memorandum of
Understanding Between the Government of the United States of America and the
Government of the Peoples Republic of China Concerning The Imposition of Import
Restrictions on Categories of Archeological Materials From the Paleolithic Period
Through the Tang Dynasty and Monumental Sculpture and Wall Art At Least 250
Years Old and replacing Article 1 and 2 in the original text with the revised version
attached in the Appendix (please see the Chinese text in the Appendix)
SACH also has the honor to accept your Embassys proposal to develop an
agreement on validity renewal and text revision of the MOU based on the note
correspondences between us The new agreement shall come into force on January
14 2014 and be put into implementation on the date of reply by SACH
SACH avails itself of this opportunity to renew to the Embassy of the United States
the assurances of its highest consideration
January 8 2014
Encl As mentioned above
CC Ministry of Foreign Affairs of the Peoples Republic of China
tp rfA~-J2fa ~ ~~A~JEO
State Administration ofCultural Heritage Peoples Republic of China
SACH-2014-001
~ ~
~~~~AOO~~$A~~OO~~
~$A~~OOOOx~~~~~~~~oo~~$A~ ~00-~m~~ -5Rt-Jif~
bullm 20141yen- 1 fj 6 E No 0008 113tR~~~0
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cp ~A~J~fa~~ A1MJ State Administration of Cultural Heritage
Peoples Republic of China
Informal translation SACH-2014-001
Note verbale
The State Administration of Cultural Heritage of the Peoples Republic of China
presents its compliments to the Embassy of the United States of America and has the
honor to inform your Embassy that your Diplomatic Note No0008 dated January 6
2014 has been received
On Behalf of the Government of the Peoples Republic of China SACH accepts your
Embassys proposal renewing for five more years the validity of the Memorandum of
Understanding Between the Government of the United States of America and the
Government of the Peoples Republic of China Concerning The Imposition of Import
Restrictions on Categories of Archeological Materials From the Paleolithic Period
Through the Tang Dynasty and Monumental Sculpture and Wall Art At Least 250
Years Old and replacing Article 1 and 2 in the original text with the revised version
attached in the Appendix (please see the Chinese text in the Appendix)
SACH also has the honor to accept your Embassys proposal to develop an
agreement on validity renewal and text revision of the MOU based on the note
correspondences between us The new agreement shall come into force on January
14 2014 and be put into implementation on the date of reply by SACH
SACH avails itself of this opportunity to renew to the Embassy of the United States
the assurances of its highest consideration
January 8 2014
Encl As mentioned above
CC Ministry of Foreign Affairs of the Peoples Republic of China
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State Administration ofCultural Heritage Peoples Republic of China
SACH-2014-001
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SACH-2014-001
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+- ~$A~100~~S~ti~sect~fi~~x~ Jb~tlf ~~Y~P5i~$Jo
+= moo~~~bull ~J~~oo~o~~bull~~ ~~-~~$A~100~~S~h~sect~~~g~~~
~~yen~~-r ~~ ~~h~~~~OO~--~ S4~~sect~~~oOO~-~~ ~oA~OO-~ ~~-t 4-7Jri ~ ~amp ~u 0
lt-gt~$A~~OO~~~-~~~~~~~OO~~
~1 ~ ~tfzm ~~ fffi~~~( ~p)~~ ~ktl ) 5JliJfJ tmtx~~~ei~1sect ~~ Jtit~1- bttplusmn~~~tf JL T J1~1t ~~W~U~tf Lo
lt=gt~~~~~00~~~~~~~~~$A~~OO jE(~~1~~ lt~p)~~ ~ktl gt ~ oo x1t))ltr~tm1t ~
~JPYi WJOOtAAi~JfJ )1)~~~ ~~h ~31 JJ~~~~ ( ~p) ~~~ktl) 0
li ~$A~~OO~~S~~-~h ~~-~ ~~~~~~~ampx~~~~~W~~bullo ~00~4 ~tl~~~~~~~~~~~~~~~ ~~~I~~~~ f~o
A ~~~~AOO~~S~~-~h~~~$A ~~OO~~~tt~~~~~~OOX~~~~~o
~~~~~tla4x~~~~ ~w~bull~~~~hl
~~~~~hl~-~~~~~~~h ~amp~--~~ ~~ili~~~-~-~~h$~~fio
~ ~~~~AOO~~~~~ ~$A~~OO~~~
~~~A~~~~~~-~OO~Sx~-~ W ~~x~~bull~~~~~~~~middot~~oo~~~o ~$
A~~OO~~~-~~-~h ~~T~~~~~~~ 11
C-)$~tt~-~~ili~~~~~~M-~iliplusmn~
~ ~ JtJ f-p]f~~~l C~)tt~~OO-~~~~OO~fi~~h~
~M~~~-T amp~~~l~~~~ili~~~~~~ ~bull~j~~ll~~~m~
C~)~X~~~~l~~~~ ft~x~iliOO~ilishy
bull~~tl~~ ~~~-~~l~ft~~ili~-~x~
~-~~~~~~~bull~x~bull~~tlli~~~ili~ ~l~o
C~gt~tl~~1-~~~-~ff ~~~OOfi ~-t~~mbull~~fil~4~~~~~0
A~f~~~~~~~~~~~oox~ ~$A~
100 jfj(~s4 ~ iLtif~ Jt it~ pt ill ~t (1 ) 1t~ ~ 00 fl Afil-lt~~~~~Jt-~tiill o ~ C2 )~3l~~tiil~ C3)
rir~OOM-~~~1~1ftAJt~ C4)~t~OO~~~trl~
~fl~iE~o
A ~$A~100~~S~~f~~~~A~ ~u ~~JiL~t1 o Jfyen ~f ti ill o x 1t~r ~~ ~~ 0 ~u ~~A oo ~~S~~h~~~~A~~~~OO~tr4-~~h it~~t1J-l)J ~ 00 iJ1l~~A~ ~1~U o
+ ~$A ~100 ~ jcjf(~m~ ffltjjtl1tjf(g17~
fl jjU fi jE( g ~ 7Jri 5pound ~h ~U ~bull iJ ~ft~ f rJJ plusmn~ ~X~ ffit AJf- ffit ill 1i Jh plusmn~ g o
+- ~$A~100~~S~ti~sect~fi~~x~ Jb~tlf ~~Y~P5i~$Jo
+= moo~~~bull ~J~~oo~o~~bull~~ ~~-~~$A~100~~S~h~sect~~~g~~~
~~yen~~-r ~~ ~~h~~~~OO~--~ S4~~sect~~~oOO~-~~ ~oA~OO-~ ~~-t 4-7Jri ~ ~amp ~u 0
lt-gt~$A~~OO~~~-~~~~~~~OO~~
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lt=gt~~~~~00~~~~~~~~~$A~~OO jE(~~1~~ lt~p)~~ ~ktl gt ~ oo x1t))ltr~tm1t ~
~JPYi WJOOtAAi~JfJ )1)~~~ ~~h ~31 JJ~~~~ ( ~p) ~~~ktl) 0
C~gt~tl~~1-~~~-~ff ~~~OOfi ~-t~~mbull~~fil~4~~~~~0
A~f~~~~~~~~~~~oox~ ~$A~
100 jfj(~s4 ~ iLtif~ Jt it~ pt ill ~t (1 ) 1t~ ~ 00 fl Afil-lt~~~~~Jt-~tiill o ~ C2 )~3l~~tiil~ C3)
rir~OOM-~~~1~1ftAJt~ C4)~t~OO~~~trl~
~fl~iE~o
A ~$A~100~~S~~f~~~~A~ ~u ~~JiL~t1 o Jfyen ~f ti ill o x 1t~r ~~ ~~ 0 ~u ~~A oo ~~S~~h~~~~A~~~~OO~tr4-~~h it~~t1J-l)J ~ 00 iJ1l~~A~ ~1~U o
+ ~$A ~100 ~ jcjf(~m~ ffltjjtl1tjf(g17~
fl jjU fi jE( g ~ 7Jri 5pound ~h ~U ~bull iJ ~ft~ f rJJ plusmn~ ~X~ ffit AJf- ffit ill 1i Jh plusmn~ g o
+- ~$A~100~~S~ti~sect~fi~~x~ Jb~tlf ~~Y~P5i~$Jo
+= moo~~~bull ~J~~oo~o~~bull~~ ~~-~~$A~100~~S~h~sect~~~g~~~
~~yen~~-r ~~ ~~h~~~~OO~--~ S4~~sect~~~oOO~-~~ ~oA~OO-~ ~~-t 4-7Jri ~ ~amp ~u 0
lt-gt~$A~~OO~~~-~~~~~~~OO~~
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lt=gt~~~~~00~~~~~~~~~$A~~OO jE(~~1~~ lt~p)~~ ~ktl gt ~ oo x1t))ltr~tm1t ~
~JPYi WJOOtAAi~JfJ )1)~~~ ~~h ~31 JJ~~~~ ( ~p) ~~~ktl) 0
lt-gt~$A~~OO~~~-~~~~~~~OO~~
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lt=gt~~~~~00~~~~~~~~~$A~~OO jE(~~1~~ lt~p)~~ ~ktl gt ~ oo x1t))ltr~tm1t ~
~JPYi WJOOtAAi~JfJ )1)~~~ ~~h ~31 JJ~~~~ ( ~p) ~~~ktl) 0