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AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES AND THE GOVERNMENT OF THE KINGDOM OF CAMBODIA ON PREVENTION OF LOOTING AND ILLICIT TRAFFICKING OF CULTURAL PROPERTY

The Government of the Republic of the Philippines and the Government of the Kingdom of Cambodia (hereinafter referred to as the Parties) believe that furthering bilateral cooperation for protection of cultural property against looting and illicit trafficking serves as an important means to forge closer bilateral relations, and as an effective approach to fulfill the mission for protection of cultural heritage of mankind.

Noting that looting of archaeological sites of historical and cultural value and illicit trafficking of cultural property pose serious threats to the cultural heritage of mankind;

Recognizing the fundamental importance of protecting and preserving their cultural heritage in accordance with the principles and regulations established in the UNESCO 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property and the UNESCO 1972 Convention on the Protection of the World Cultural and Natural Heritage, and 1995 UNIDROIT Convention;

Desiring to establish common rules for restitution of cultural property that has been illegally looted and/or exported outside the country where they belong, as well as to protect and preserve them;

Both Parties have reached the following agreement:

 

Article 1

The Parties agree to collaborate in adopting preventive, mandatory and remedial measures to combat unlawful and criminal practices concerning looting and illicit trafficking of cultural property in accordance with their respective domestic laws.

1. Cultural property mentioned in this Agreement, and looting and illicit trafficking of cultural property thereof, shall be defined by each other’s countries’ laws and regulations, and legally historical documents of both parties.
2. When conflicts arise between provisions of the laws of the two countries concerning cultural property, looting and illicit trafficking of cultural property thereof and such conflicts concerning implementation of this Agreement, relevant Ministries of the Parities shall solve them through mutual and amicable consultation.  

 

Article 2

1. For the effective implementation of this Agreement, the Parties shall designate respectively the National Commission for Culture and the Arts of the Philippines and the Ministry of Culture and Fine Arts of Cambodia to be responsible for bilateral cooperation for prevention of looting and illicit trafficking of cultural property .
   
2. The National Commission for Culture and the Arts of the Philippines and the Ministry of Culture and Fine Arts of Cambodia shall designate specific organizations on their respective sides to undertake concrete work for the bilateral cooperation in preventing looting and illicit trafficking of cultural property. The designated organizations of the Parties shall set up a hotline to facilitate communication with each other.

 

Article 3

The Parties shall broaden exchanges and trainings of personnel for the prevention of looting and illicit trafficking of cultural property, especially in safety management, administration of markets and import and export of cultural property, drafting of related laws, information collection and coordination on international matters concerning cultural property.

 

Article 4

For the purpose of this Agreement, the Parties shall enhance coordination to further improve their respective systems for export license and registration of cultural property, sharing information on stolen cultural property and supervising import of cultural property.

 

Article 5

Relevant organizations of the Parties designated in accordance with Article 2 shall solve, through consultation, problems concerning expenses occurring during the implementation of this Agreement and reasonable compensation for returning cultural property that have been looted and illegally trafficked outside their country.

 

Article 6

1. The Parties shall conduct thorough consultation and coordinate each other's stands on multilateral affairs concerning the prevention of looting and illicit trafficking of cultural property.
   
2. The Parties shall strengthen collaboration for raising awareness for general public, museums and other concerned cultural organizations about threats brought about by looting and illicit trafficking of cultural property at the national and international levels.
   
3. The Parties shall share information in timely manner about their cultural property, appearing at international antique markets, and exchange relevant information such as appraisal, registration, retrieval and return of their lost cultural property when conducting relevant investigations.

 

Article 7

 This Agreement shall enter into force on the date of signature and remain valid for a period of 5 (five) years.

 

IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments have signed this Agreement.

DONE in Manila, Philippines, on this 6^th day of December 2017 in duplicate in English language.

 

Representative of the Government of the Republic of the Philippines   (Sgd.) VIRGILIO S. ALMARIO Chairman, National Commission for Culture and the Arts

Representative of the Government of the Kingdom of Cambodia   (Sgd.) PRAK SOKHONN Senior Minister and Minister of Foreign Affairs and International Cooperation

 

Entry into Force: December 6, 2017