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2000
Extension and Amendment
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
The Government of the United States
of America and the Government of the Republic of El Salvador;
Acting
pursuant to the 1970 Convention on the Means of Prohibiting and Preventing
the Illicit Import, Export and Transfer of Ownership of Cultural Property,
to which both countries are States Party; and
Desiring
to reduce the incentive for pillage of certain categories of irreplaceable
archaeological material representing the prehispanic cultures of El Salvador;
Have reached the following understanding:
ARTICLE I
A. The Government of the United
States of America, in accordance with its legislation entitled the Convention
on Cultural Property Implementation Act, will restrict the importation
into the United States of the archaeological material listed in the Appendix
to this Memorandum of Understanding (hereafter "Designated List") unless
the Government of the Republic of El Salvador issues a certification or
other documentation which certifies that such exportation was not in violation
of its laws.
B. The Government of the United
States of America shall offer for return to the Government of the Republic
of El Salvador any material on the Designated List forfeited to the Government
of the United States of America.
C. Such import restrictions will
become effective on the date the Designated List is published in the U.S.
Federal Register, the official United States Government publication
providing fair public notice.
ARTICLE II
A. The Government of the Republic
of El Salvador will use its best efforts to permit the exchange of its
archaeological materials under circumstances in which such exchange does
not jeopardize its cultural patrimony.
B. The representatives of the
Government of the United States of America will participate in joint efforts
with representatives of the Government of the Republic of El Salvador
to publicize this Memorandum of Understanding.
C. The Government of the United
States of America will use its best efforts to facilitate technical assistance
in cultural resource management and security to El Salvador, as appropriate
under existing programs in the public and/or private sectors.
D. Both countries will seek to
encourage academic institutions, non-governmental institutions and other
private organizations to cooperate in the interchange of knowledge and
information about the cultural patrimony of El Salvador, and to collaborate
in the preservation and protection of such cultural patrimony through
appropriate technical assistance, training, and resources.
E. The Government of the Republic
of El Salvador will use its best efforts to effect, as soon as possible,
final approval and promulgation of its regulations to implement its 1993
Special Law for the Protection of the Cultural Heritage, especially those
related to the registration and export of cultural property, and the granting
of excavation permits; and will use its best efforts to proceed expeditiously
with the registration of cultural property as required by its law.
F. The Government of the Republic
of El Salvador will continue, and strengthen where possible, its efforts
to educate the public regarding its 1993 Special Law and the importance
of protecting archaeological sites.
G. In order to reestablish public
and scholarly access to the collections in the "David J. Guzman" National
Museum which suffered structural damage during an earthquake, the Government
of the Republic of El Salvador will use its best efforts to reopen the
Museum at the earliest practicable time.
H. The Government of the Republic
of El Salvador will endeavor to strengthen cooperation within Central
America, and especially with immediately neighboring states, for the protection
of the cultural patrimony of the region.
ARTICLE III
The obligations of both countries
and the activities carried out under this Memorandum of Understanding
shall be subject to the applicable laws and regulations of each country,
including the availability of funds.
ARTICLE IV
A. This Memorandum of Understanding
shall enter into force upon signature. It shall remain in force for a
period not to exceed five years, unless extended.
B. This Memorandum of Understanding
may be amended through an exchange of diplomatic notes.
C. The effectiveness of this Memorandum
of Understanding will be subject to continuing review.
IN WITNESS WHEREOF, the undersigned,
being duly authorized by their respective Governments, have signed the
present Memorandum of Understanding.
DONE at Washington, this eighth
day of March, 1995, in the English and Spanish
languages, both texts being equally authentic.
FOR THE GOVERNMENT OF
THE UNITED STATES OF AMERICA: |
FOR THE GOVERNMENT
OF THE
REPUBLIC OF EL
SALVADOR: |
Appendix
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