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EXTENSION AND AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE REPUBLIC OF EL SALVADOR CONCERNING THE IMPOSITION OF IMPORT RESTRICTIONS ON CERTAIN CATEGORIES OF ARCHAEOLOGICAL MATERIAL FROM THE PREHISPANIC CULTURES OF THE REPUBLIC OF EL SALVADORThe Embassy of the United States of America refers the Ministry of Foreign Affairs of the Government of the Republic of El Salvador to the Memorandum of Understanding Between the Government of the United States of America and the Government of the Republic of El Salvador Concerning the Imposition of Import Restrictions on Certain Categories of Archaeological Material from the Prehispanic Cultures of the Republic of El Salvador done at Washington March 8, 1995 (hereinafter referred to as "the MOU") and subsequently extended for an additional five-year period effective March 8, 2000. The Embassy, on behalf of the Department of State, proposes that, pursuant to Article IVA of the MOU, the MOU be extended for an additional five-year period. The Embassy, on behalf of the Department of State, proposes further that, pursuant to Article IV B of the MOU, the MOU be amended by replacing Article II with the attached Article II. If the foregoing proposals are acceptable to the Ministry of Foreign Affairs of the Government of the Republic of El Salvador, the Embassy, on behalf of the Department of State, proposes that this note, including the attached Article II, and the Government of the Republic of El Salvador’s note in reply, shall constitute an agreement to extend and amend the MOU, which shall enter into force on the date of your note in reply and shall be effective March 8, 2005. Attachment: As stated. Embassy of the United States of America San Salvador, 7 March 2005 Article II A. The
Government of the Republic of El Salvador will use its best efforts to
encourage long- and short-term loans, for research and scientific purposes,
of its archaeological materials under circumstances in which such exchange
does not jeopardize its cultural patrimony and when consistent with the
responsibilities of the National Council for Culture and Art (Concultura), as carried out in
accordance with the Special Law for the Protection of Cultural Patrimony of
El Salvador. B. The
governments of the United States of America and the Republic of El Salvador
will each endeavor to publicize and enforce this Memorandum of Understanding. C. The
Government of the United States of America will continue to use its best efforts
to facilitate technical assistance in cultural resource management and
security to El Salvador, as appropriate under existing programs in the public
and/or private sectors. D. Both
countries will seek to encourage academic institutions, non-governmental
institutions, and other private organizations to cooperate in the interchange
of knowledge and information about the cultural patrimony of El Salvador, and
to collaborate in the preservation and protection of such cultural patrimony
through appropriate technical assistance, training, and resources. E.
The
Government of the Republic of El Salvador will use its best efforts to
continue with the systematic registration of cultural property as required by
its law. F. Recognizing
the need to engage the public in the protection of the national cultural
heritage, the Government of the Republic of El Salvador will continue, and
strengthen where possible, its efforts to educate the public regarding the
importance of understanding and protecting archaeological sites, and the
obligation of citizens to know and comply with the laws that protect and
safeguard the cultural heritage. G. Recognizing the benefits
of intergovernmental and inter-institutional collaboration, the Government of
the Republic of El Salvador will continue to endeavor to strengthen
cooperation with international organizations and the other nations of Central
America, especially with immediately neighboring states, in activities that
foster the protection of the cultural patrimony of the region. H. The
Government of the Republic of El Salvador will use its best efforts to ensure
the enforcement of its laws against illicit export, to continue the
interdiction and prosecution of illicit exports of archaeological materials,
to gather and manage data on incidents of looting, and to maintain and make
public the records of arrests related to looters and the seizure of cultural
property. I. The
Government of the Republic of El Salvador will use its best efforts to
implement and publicize its national archaeological research strategy, which
takes into account the interests, concerns, and priorities of the Government
and its cultural authorities. J. The
Government of the Republic of El Salvador will undertake to review, revise
where necessary, and publish a procedure by which qualified foreign
archaeologists and other scholars may apply for permission to undertake field
research in El Salvador, including explicit stipulation of any and all
Government requirements, obligations, and conditions that might attach to
such permissions. K. The Government of the Republic of El Salvador will endeavor to become a Member State of ICCROM [International Centre for the Study of the Preservation and Restoration of Cultural Property], in order to contribute to and benefit from the community of nations committed to the conservation of their cultural heritage. |
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