Agreements
with other Organizations
Memorandum of understanding with the International Council of Museums on countering
the theft and trafficking in cultural property
The International Criminal Police Organization - Interpol (hereinafter
referred to as Interpol) and the International Council of Museums (hereinafter
referred to as ICOM):
Recognizing that the protection of the cultural heritage must be the
subject of international co-operation,
Noting that the looting of cultural property is a worldwide phenomenon
and that it gives rise to a large amount of illicit trafficking,
Considering that the illicit trafficking in cultural property constitutes
a crime against the world's cultural heritage,
Considering that Interpol's aims are to ensure and promote the widest
possible mutual assistance between all criminal police authorities within the
limits of the laws existing in the different countries and in the spirit of
the Universal Declaration of Human Rights, and to establish and develop all
institutions likely to contribute effectively to the prevention and suppression
of ordinary law crimes,
Aware that the ICPO-Interpol plays a fundamental role in combating the
theft of and illicit traffic in cultural property,
Aware that ICOM also plays a vital role in protecting cultural property,
Considering that strengthening co-operation at international level between
bodies responsible for protecting and conserving the cultural heritage, on the
one hand, and police authorities on the other will increase the effectiveness
of the fight against the illicit trafficking in this heritage,
Have agreed on the following:
Mutual consultation
- Interpol and ICOM shall consult regularly on matters of common interest
for the purpose of realizing their objectives.
- When appropriate, consultation shall be arranged at the required level between
representatives of ICOM and of Interpol to agree upon the most effective way
in which to organize particular activities and to optimize the use of their
available resources in compliance with their respective mandates.
Exchange of information
- Subject to such arrangements as may be necessary for the safeguarding of
confidential information, Interpol and ICOM shall ensure full and prompt exchange
of information and documents concerning matters of common interest.
- The two Parties shall communicate to each other any information they may
have concerning modus operandi used in the illicit traffic of cultural property
and statistics they may have on this form of crime.
- Subject to its internal regulations, Interpol shall consider authorizing
ICOM to consult its information on stolen works of art.
- ICOM shall communicate to Interpol information it has on cases of theft
of and illicit traffic in cultural property. The appropriate supporting documents
shall be attached to such information.
- In conformity with its internal regulations, Interpol shall make the necessary
arrangements for the use of information communicated in application of paragraph
4. In this respect, ICOM shall authorize Interpol to reproduce and circulate,
for crime prevention purposes, the information it receives from ICOM.
Reciprocal representation
- Where appropriate, arrangements shall be made for reciprocal representation
at Interpol and ICOM meetings convened under their respective auspices and
dealing with matters in which the other party has an interest or technical
competence.
- The Secretary General of ICOM and the Secretary General of Interpol shall
each designate a person to act as a focal point with a view to ensuring the
implementation of the provisions of the present Memorandum of understanding.
Technical Co-operation
- Each Party shall, at the request of the other Party, review projects to
be implemented at national, regional and international level, in order to
provide comments and suggestions which are appropriate to their area of concern.
- By mutual agreement and within the limits of their resources, the Parties
shall work together to set up and implement programmes, projects and activities,
in particular those linked to combating the theft of, and traffic in, cultural
property.
- Within the limits of their resources, each Party shall take part in cultural
property training activities for staff involved in combating illicit traffic
in cultural property organized by the other Party and shall work closely with
the other Party so that museum professionals and police services combating
this form of trafficking may share experience and expertise.
Entry into force, modification and duration
- The present Memorandum of understanding shall enter into force on the date
on which it is signed by the Secretary General of Interpol and the Secretary
General of ICOM, subject to the approval of the Interpol General Assembly
and the Executive Council of ICOM.
- The present Memorandum of understanding may be modified by mutual consent
expressed in writing. It may also be revoked by either party by giving six
months' notice to the other party.
In witness whereof, the Secretary General of the International Criminal Police
Organization - Interpol and the Secretary General of the International Council
of Museums have signed the present Memorandum of understanding in duplicate,
in French and English, both texts being authentic, on the dates appearing under
their respective signatures.
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For the ICPO-Interpol
R. E. Kendall, Q.P.M., M.A.
Secretary General
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For the International Council of Museums
Manus Brinkman
Secretary General
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| Date: 11th April 2000 |
Date: 11th April 2000 |