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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

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Page 1: CULTURAL PROPERTY - Promoting Mutual Understanding · exportation of cultural property at borders and ports; and (2) recognize Chinese archaeological material and its value to the

________________________________________________________________________

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

- 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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Page 2: CULTURAL PROPERTY - Promoting Mutual Understanding · exportation of cultural property at borders and ports; and (2) recognize Chinese archaeological material and its value to the

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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Page 3: CULTURAL PROPERTY - Promoting Mutual Understanding · exportation of cultural property at borders and ports; and (2) recognize Chinese archaeological material and its value to the

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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________________________________________________________________________

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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Page 4: CULTURAL PROPERTY - Promoting Mutual Understanding · exportation of cultural property at borders and ports; and (2) recognize Chinese archaeological material and its value to the

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

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Page 5: CULTURAL PROPERTY - Promoting Mutual Understanding · exportation of cultural property at borders and ports; and (2) recognize Chinese archaeological material and its value to the

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

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Page 6: CULTURAL PROPERTY - Promoting Mutual Understanding · exportation of cultural property at borders and ports; and (2) recognize Chinese archaeological material and its value to the

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

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Page 7: CULTURAL PROPERTY - Promoting Mutual Understanding · exportation of cultural property at borders and ports; and (2) recognize Chinese archaeological material and its value to the

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

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Page 8: CULTURAL PROPERTY - Promoting Mutual Understanding · exportation of cultural property at borders and ports; and (2) recognize Chinese archaeological material and its value to the

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

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Page 9: CULTURAL PROPERTY - Promoting Mutual Understanding · exportation of cultural property at borders and ports; and (2) recognize Chinese archaeological material and its value to the

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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________________________________________________________________________

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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Page 12: CULTURAL PROPERTY - Promoting Mutual Understanding · exportation of cultural property at borders and ports; and (2) recognize Chinese archaeological material and its value to the

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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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~JPYi WJOOtAAi~JfJ )1)~~~ ~~h ~31 JJ~~~~ ( ~p) ~~~ktl) 0

Page 14: CULTURAL PROPERTY - Promoting Mutual Understanding · exportation of cultural property at borders and ports; and (2) recognize Chinese archaeological material and its value to the

-G-~t wL1 EtlitEiM WI PH~ et rfJ x 1~ itE oH~~ ~b M1-t~ llil ~arui~H 11~ti JiJz nu-~ ff

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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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Page 15: CULTURAL PROPERTY - Promoting Mutual Understanding · exportation of cultural property at borders and ports; and (2) recognize Chinese archaeological material and its value to the

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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

~ ~

~~~~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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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~~

~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

Page 16: CULTURAL PROPERTY - Promoting Mutual Understanding · exportation of cultural property at borders and ports; and (2) recognize Chinese archaeological material and its value to the

________________________________________________________________________

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~~

~$A~~OOOOx~~~~~~~~oo~~$A~ ~00-~m~~ -5Rt-Jif~

bullm 20141yen- 1 fj 6 E No 0008 113tR~~~0

~$A~~OOregx~~~~$A~~OO~~ ~-m~~~laquo~$A~~OO~~~~~~~AOO~~ XtlB ~lamp-ai1~JtlM~ ~3 ~~trM-lJamp~jl 250 if-Wl~ tr~-~~~lpound~~0~~~~-~~~raquo~~~ ~~if~~n~~~~-~~~=~~bulln w~~~ ~bull~~~-~~~=~~~~~-~~~=~c~x xtfft Jsect- ) 0

oox~~~5Rt-~~~middot~~~~bullm~ampoo x~~~~ ~m~-~~~M~bulln~~~~~ i)( t9J-i)( f 00 x 4m ~ fEJ ~z E 7f ft~~Mg f 2o14 if- 1 fj 14 E E~o ~$A~~regOOx~J~~~~~~~~~oott

~$A~~reg~m~W-~~~~~o ~

JlfHf ~D 1lUJJf lt 1~ f- bull ( Jf bull middot middot middot ~

H-i 1~ l tEi_lt gtJli T f= ~~-~ )0fPJ JtJ

2ff4 ~~ o ___

tJ-- ~ $A~~OO 1~3t$

ffl14=

laquo~~A~1 lil ikJff1~~J ~~11 lilJkJM~ IEl fl_~~ JlJMi f-I~fw~~~~jgt 2so ampf~JMJ-llt1til1~J

tJtt~MEill tt PliJ trolJM-i--~-raquo -f- 2014 ampf1lt 1j-i-Tifi--

- ~~~~Am~~~~laquox~~r~~~raquo S P~ iPtl ~T I Jfi Ji1 11 JU ~ 00 fA IE P- W- Jrt1tc JU 1tc t gtR (0 71J 901 lf) ~~ -r- ip m1tc ip oo x1tItr ~~trj1-11t ~tffeE~z a c2009 lf 1 JJ 14 a ) ~Y 2so lf~-1

bull~1~L~~~~m~~~~~~m(~r~ ~m~ gt~m~~~~~-~ ~~P-~AAJfi

~~~~J~~~1~~~9=1$A~~OO~~~~~

~~~~filfil~~~ili11~R9=1~~~~o~M i-tfJft~~ P~ IE P-3-Jrd-1tcJ Jfi ~ Jrt F~fAJ~Jt]lr 75 ooo

~1ffe~L

laquoIf~A~1liJk~1j~~~IiJk~~ IB 1i bull atl-1~ J1J

tl(J B~ifw~I~pound~ 2so ~lJtl(Jwlit-bull1ttJ t7ft~jilif P PltJ tl(JliM~~raquo -T 2014 ~1Jeuro

-irtl(J-=-shy

- if $A~1ll~~~deg~~~~All~~~ s~tlm~~m~~~~~m~~M~~~~~amp~ ~f~LEo

= if $A~100~~1~~~~All~~Stt~~ ~ll~f4-x~R~ 1910 51=-amp~~tt $~~~-0-A~-t-yen

x~It~~--~deg~~~~~~~~~~~o

~ if1$A~1lJ~~S$~~ftlik~J ~~~

~x~~~bullfi~A~IB ~mx~-~~~~~Afi ~A~IB r~~~~pound~~~~~~~0-A~ft~~

ti~iA iC

PY if1 $A~100 iEJOff S ~ft li k ~ J f iJll 1 ~ 1shy~~~~iA~rk~~tt~~ro ~~~~~oom OO~C~~~-~~~1~~~~~gt~x~~~~-~ ~~~~I~A~1middot~~~if lJ~~middot~ampft~if lJx 1tIt~1fl1t~ ~~J 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~~

~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

Page 17: CULTURAL PROPERTY - Promoting Mutual Understanding · exportation of cultural property at borders and ports; and (2) recognize Chinese archaeological material and its value to the

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~~

~$A~~OOOOx~~~~~~~~oo~~$A~ ~00-~m~~ -5Rt-Jif~

bullm 20141yen- 1 fj 6 E No 0008 113tR~~~0

~$A~~OOregx~~~~$A~~OO~~ ~-m~~~laquo~$A~~OO~~~~~~~AOO~~ XtlB ~lamp-ai1~JtlM~ ~3 ~~trM-lJamp~jl 250 if-Wl~ tr~-~~~lpound~~0~~~~-~~~raquo~~~ ~~if~~n~~~~-~~~=~~bulln w~~~ ~bull~~~-~~~=~~~~~-~~~=~c~x xtfft Jsect- ) 0

oox~~~5Rt-~~~middot~~~~bullm~ampoo x~~~~ ~m~-~~~M~bulln~~~~~ i)( t9J-i)( f 00 x 4m ~ fEJ ~z E 7f ft~~Mg f 2o14 if- 1 fj 14 E E~o ~$A~~regOOx~J~~~~~~~~~oott

~$A~~reg~m~W-~~~~~o ~

JlfHf ~D 1lUJJf lt 1~ f- bull ( Jf bull middot middot middot ~

H-i 1~ l tEi_lt gtJli T f= ~~-~ )0fPJ JtJ

2ff4 ~~ o ___

tJ-- ~ $A~~OO 1~3t$

ffl14=

laquo~~A~1 lil ikJff1~~J ~~11 lilJkJM~ IEl fl_~~ JlJMi f-I~fw~~~~jgt 2so ampf~JMJ-llt1til1~J

tJtt~MEill tt PliJ trolJM-i--~-raquo -f- 2014 ampf1lt 1j-i-Tifi--

- ~~~~Am~~~~laquox~~r~~~raquo S P~ iPtl ~T I Jfi Ji1 11 JU ~ 00 fA IE P- W- Jrt1tc JU 1tc t gtR (0 71J 901 lf) ~~ -r- ip m1tc ip oo x1tItr ~~trj1-11t ~tffeE~z a c2009 lf 1 JJ 14 a ) ~Y 2so lf~-1

bull~1~L~~~~m~~~~~~m(~r~ ~m~ gt~m~~~~~-~ ~~P-~AAJfi

~~~~J~~~1~~~9=1$A~~OO~~~~~

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lt=gt~~~~~00~~~~~~~~~$A~~OO jE(~~1~~ lt~p)~~ ~ktl gt ~ oo x1t))ltr~tm1t ~

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Page 18: CULTURAL PROPERTY - Promoting Mutual Understanding · exportation of cultural property at borders and ports; and (2) recognize Chinese archaeological material and its value to the

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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H-i 1~ l tEi_lt gtJli T f= ~~-~ )0fPJ JtJ

2ff4 ~~ o ___

tJ-- ~ $A~~OO 1~3t$

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tJtt~MEill tt PliJ trolJM-i--~-raquo -f- 2014 ampf1lt 1j-i-Tifi--

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~~~~J~~~1~~~9=1$A~~OO~~~~~

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~1ffe~L

laquoIf~A~1liJk~1j~~~IiJk~~ IB 1i bull atl-1~ J1J

tl(J B~ifw~I~pound~ 2so ~lJtl(Jwlit-bull1ttJ t7ft~jilif P PltJ tl(JliM~~raquo -T 2014 ~1Jeuro

-irtl(J-=-shy

- if $A~1ll~~~deg~~~~All~~~ s~tlm~~m~~~~~m~~M~~~~~amp~ ~f~LEo

= if $A~100~~1~~~~All~~Stt~~ ~ll~f4-x~R~ 1910 51=-amp~~tt $~~~-0-A~-t-yen

x~It~~--~deg~~~~~~~~~~~o

~ if1$A~1lJ~~S$~~ftlik~J ~~~

~x~~~bullfi~A~IB ~mx~-~~~~~Afi ~A~IB r~~~~pound~~~~~~~0-A~ft~~

ti~iA iC

PY if1 $A~100 iEJOff S ~ft li k ~ J f iJll 1 ~ 1shy~~~~iA~rk~~tt~~ro ~~~~~oom OO~C~~~-~~~1~~~~~gt~x~~~~-~ ~~~~I~A~1middot~~~if lJ~~middot~ampft~if lJx 1tIt~1fl1t~ ~~J 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~~~

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A~~OO~~~-~~-~h ~~T~~~~~~~ 11

C-)$~tt~-~~ili~~~~~~M-~iliplusmn~

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bull~~tl~~ ~~~-~~l~ft~~ili~-~x~

~-~~~~~~~bull~x~bull~~tlli~~~ili~ ~l~o

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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

Page 19: CULTURAL PROPERTY - Promoting Mutual Understanding · exportation of cultural property at borders and ports; and (2) recognize Chinese archaeological material and its value to the

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~~

~$A~~OOOOx~~~~~~~~oo~~$A~ ~00-~m~~ -5Rt-Jif~

bullm 20141yen- 1 fj 6 E No 0008 113tR~~~0

~$A~~OOregx~~~~$A~~OO~~ ~-m~~~laquo~$A~~OO~~~~~~~AOO~~ XtlB ~lamp-ai1~JtlM~ ~3 ~~trM-lJamp~jl 250 if-Wl~ tr~-~~~lpound~~0~~~~-~~~raquo~~~ ~~if~~n~~~~-~~~=~~bulln w~~~ ~bull~~~-~~~=~~~~~-~~~=~c~x xtfft Jsect- ) 0

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2ff4 ~~ o ___

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tJtt~MEill tt PliJ trolJM-i--~-raquo -f- 2014 ampf1lt 1j-i-Tifi--

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-irtl(J-=-shy

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x~It~~--~deg~~~~~~~~~~~o

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rir~OOM-~~~1~1ftAJt~ C4)~t~OO~~~trl~

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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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lt=gt~~~~~00~~~~~~~~~$A~~OO jE(~~1~~ lt~p)~~ ~ktl gt ~ oo x1t))ltr~tm1t ~

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Page 20: CULTURAL PROPERTY - Promoting Mutual Understanding · exportation of cultural property at borders and ports; and (2) recognize Chinese archaeological material and its value to the

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~~

~$A~~OOOOx~~~~~~~~oo~~$A~ ~00-~m~~ -5Rt-Jif~

bullm 20141yen- 1 fj 6 E No 0008 113tR~~~0

~$A~~OOregx~~~~$A~~OO~~ ~-m~~~laquo~$A~~OO~~~~~~~AOO~~ XtlB ~lamp-ai1~JtlM~ ~3 ~~trM-lJamp~jl 250 if-Wl~ tr~-~~~lpound~~0~~~~-~~~raquo~~~ ~~if~~n~~~~-~~~=~~bulln w~~~ ~bull~~~-~~~=~~~~~-~~~=~c~x xtfft Jsect- ) 0

oox~~~5Rt-~~~middot~~~~bullm~ampoo x~~~~ ~m~-~~~M~bulln~~~~~ i)( t9J-i)( f 00 x 4m ~ fEJ ~z E 7f ft~~Mg f 2o14 if- 1 fj 14 E E~o ~$A~~regOOx~J~~~~~~~~~oott

~$A~~reg~m~W-~~~~~o ~

JlfHf ~D 1lUJJf lt 1~ f- bull ( Jf bull middot middot middot ~

H-i 1~ l tEi_lt gtJli T f= ~~-~ )0fPJ JtJ

2ff4 ~~ o ___

tJ-- ~ $A~~OO 1~3t$

ffl14=

laquo~~A~1 lil ikJff1~~J ~~11 lilJkJM~ IEl fl_~~ JlJMi f-I~fw~~~~jgt 2so ampf~JMJ-llt1til1~J

tJtt~MEill tt PliJ trolJM-i--~-raquo -f- 2014 ampf1lt 1j-i-Tifi--

- ~~~~Am~~~~laquox~~r~~~raquo S P~ iPtl ~T I Jfi Ji1 11 JU ~ 00 fA IE P- W- Jrt1tc JU 1tc t gtR (0 71J 901 lf) ~~ -r- ip m1tc ip oo x1tItr ~~trj1-11t ~tffeE~z a c2009 lf 1 JJ 14 a ) ~Y 2so lf~-1

bull~1~L~~~~m~~~~~~m(~r~ ~m~ gt~m~~~~~-~ ~~P-~AAJfi

~~~~J~~~1~~~9=1$A~~OO~~~~~

~~~~filfil~~~ili11~R9=1~~~~o~M i-tfJft~~ P~ IE P-3-Jrd-1tcJ Jfi ~ Jrt F~fAJ~Jt]lr 75 ooo

~1ffe~L

laquoIf~A~1liJk~1j~~~IiJk~~ IB 1i bull atl-1~ J1J

tl(J B~ifw~I~pound~ 2so ~lJtl(Jwlit-bull1ttJ t7ft~jilif P PltJ tl(JliM~~raquo -T 2014 ~1Jeuro

-irtl(J-=-shy

- if $A~1ll~~~deg~~~~All~~~ s~tlm~~m~~~~~m~~M~~~~~amp~ ~f~LEo

= if $A~100~~1~~~~All~~Stt~~ ~ll~f4-x~R~ 1910 51=-amp~~tt $~~~-0-A~-t-yen

x~It~~--~deg~~~~~~~~~~~o

~ if1$A~1lJ~~S$~~ftlik~J ~~~

~x~~~bullfi~A~IB ~mx~-~~~~~Afi ~A~IB r~~~~pound~~~~~~~0-A~ft~~

ti~iA iC

PY if1 $A~100 iEJOff S ~ft li k ~ J f iJll 1 ~ 1shy~~~~iA~rk~~tt~~ro ~~~~~oom OO~C~~~-~~~1~~~~~gt~x~~~~-~ ~~~~I~A~1middot~~~if lJ~~middot~ampft~if lJx 1tIt~1fl1t~ ~~J 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~~

~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

Page 21: CULTURAL PROPERTY - Promoting Mutual Understanding · exportation of cultural property at borders and ports; and (2) recognize Chinese archaeological material and its value to the

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

~$A~~OOregx~~~~$A~~OO~~ ~-m~~~laquo~$A~~OO~~~~~~~AOO~~ XtlB ~lamp-ai1~JtlM~ ~3 ~~trM-lJamp~jl 250 if-Wl~ tr~-~~~lpound~~0~~~~-~~~raquo~~~ ~~if~~n~~~~-~~~=~~bulln w~~~ ~bull~~~-~~~=~~~~~-~~~=~c~x xtfft Jsect- ) 0

oox~~~5Rt-~~~middot~~~~bullm~ampoo x~~~~ ~m~-~~~M~bulln~~~~~ i)( t9J-i)( f 00 x 4m ~ fEJ ~z E 7f ft~~Mg f 2o14 if- 1 fj 14 E E~o ~$A~~regOOx~J~~~~~~~~~oott

~$A~~reg~m~W-~~~~~o ~

JlfHf ~D 1lUJJf lt 1~ f- bull ( Jf bull middot middot middot ~

H-i 1~ l tEi_lt gtJli T f= ~~-~ )0fPJ JtJ

2ff4 ~~ o ___

tJ-- ~ $A~~OO 1~3t$

ffl14=

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tJtt~MEill tt PliJ trolJM-i--~-raquo -f- 2014 ampf1lt 1j-i-Tifi--

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-irtl(J-=-shy

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Page 22: CULTURAL PROPERTY - Promoting Mutual Understanding · exportation of cultural property at borders and ports; and (2) recognize Chinese archaeological material and its value to the

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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2ff4 ~~ o ___

tJ-- ~ $A~~OO 1~3t$

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tJtt~MEill tt PliJ trolJM-i--~-raquo -f- 2014 ampf1lt 1j-i-Tifi--

- ~~~~Am~~~~laquox~~r~~~raquo S P~ iPtl ~T I Jfi Ji1 11 JU ~ 00 fA IE P- W- Jrt1tc JU 1tc t gtR (0 71J 901 lf) ~~ -r- ip m1tc ip oo x1tItr ~~trj1-11t ~tffeE~z a c2009 lf 1 JJ 14 a ) ~Y 2so lf~-1

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~~~~filfil~~~ili11~R9=1~~~~o~M i-tfJft~~ P~ IE P-3-Jrd-1tcJ Jfi ~ Jrt F~fAJ~Jt]lr 75 ooo

~1ffe~L

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tl(J B~ifw~I~pound~ 2so ~lJtl(Jwlit-bull1ttJ t7ft~jilif P PltJ tl(JliM~~raquo -T 2014 ~1Jeuro

-irtl(J-=-shy

- if $A~1ll~~~deg~~~~All~~~ s~tlm~~m~~~~~m~~M~~~~~amp~ ~f~LEo

= if $A~100~~1~~~~All~~Stt~~ ~ll~f4-x~R~ 1910 51=-amp~~tt $~~~-0-A~-t-yen

x~It~~--~deg~~~~~~~~~~~o

~ if1$A~1lJ~~S$~~ftlik~J ~~~

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ti~iA iC

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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

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rir~OOM-~~~1~1ftAJt~ C4)~t~OO~~~trl~

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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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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

Page 23: CULTURAL PROPERTY - Promoting Mutual Understanding · exportation of cultural property at borders and ports; and (2) recognize Chinese archaeological material and its value to the

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

~$A~~OOregx~~~~$A~~OO~~ ~-m~~~laquo~$A~~OO~~~~~~~AOO~~ XtlB ~lamp-ai1~JtlM~ ~3 ~~trM-lJamp~jl 250 if-Wl~ tr~-~~~lpound~~0~~~~-~~~raquo~~~ ~~if~~n~~~~-~~~=~~bulln w~~~ ~bull~~~-~~~=~~~~~-~~~=~c~x xtfft Jsect- ) 0

oox~~~5Rt-~~~middot~~~~bullm~ampoo x~~~~ ~m~-~~~M~bulln~~~~~ i)( t9J-i)( f 00 x 4m ~ fEJ ~z E 7f ft~~Mg f 2o14 if- 1 fj 14 E E~o ~$A~~regOOx~J~~~~~~~~~oott

~$A~~reg~m~W-~~~~~o ~

JlfHf ~D 1lUJJf lt 1~ f- bull ( Jf bull middot middot middot ~

H-i 1~ l tEi_lt gtJli T f= ~~-~ )0fPJ JtJ

2ff4 ~~ o ___

tJ-- ~ $A~~OO 1~3t$

ffl14=

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tJtt~MEill tt PliJ trolJM-i--~-raquo -f- 2014 ampf1lt 1j-i-Tifi--

- ~~~~Am~~~~laquox~~r~~~raquo S P~ iPtl ~T I Jfi Ji1 11 JU ~ 00 fA IE P- W- Jrt1tc JU 1tc t gtR (0 71J 901 lf) ~~ -r- ip m1tc ip oo x1tItr ~~trj1-11t ~tffeE~z a c2009 lf 1 JJ 14 a ) ~Y 2so lf~-1

bull~1~L~~~~m~~~~~~m(~r~ ~m~ gt~m~~~~~-~ ~~P-~AAJfi

~~~~J~~~1~~~9=1$A~~OO~~~~~

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~1ffe~L

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tl(J B~ifw~I~pound~ 2so ~lJtl(Jwlit-bull1ttJ t7ft~jilif P PltJ tl(JliM~~raquo -T 2014 ~1Jeuro

-irtl(J-=-shy

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= if $A~100~~1~~~~All~~Stt~~ ~ll~f4-x~R~ 1910 51=-amp~~tt $~~~-0-A~-t-yen

x~It~~--~deg~~~~~~~~~~~o

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ti~iA iC

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li ~$A~~OO~~S~~-~h ~~-~ ~~~~~~~ampx~~~~~W~~bullo ~00~4 ~tl~~~~~~~~~~~~~~~ ~~~I~~~~ f~o

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A~~OO~~~-~~-~h ~~T~~~~~~~ 11

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rir~OOM-~~~1~1ftAJt~ C4)~t~OO~~~trl~

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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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Page 24: CULTURAL PROPERTY - Promoting Mutual Understanding · exportation of cultural property at borders and ports; and (2) recognize Chinese archaeological material and its value to the

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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Page 25: CULTURAL PROPERTY - Promoting Mutual Understanding · exportation of cultural property at borders and ports; and (2) recognize Chinese archaeological material and its value to the

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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Page 26: CULTURAL PROPERTY - Promoting Mutual Understanding · exportation of cultural property at borders and ports; and (2) recognize Chinese archaeological material and its value to the

tp rfA~-J2fa ~ ~~A~JEO

State Administration ofCultural Heritage Peoples Republic of China

SACH-2014-001

~ ~

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Page 27: CULTURAL PROPERTY - Promoting Mutual Understanding · exportation of cultural property at borders and ports; and (2) recognize Chinese archaeological material and its value to the

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Page 29: CULTURAL PROPERTY - Promoting Mutual Understanding · exportation of cultural property at borders and ports; and (2) recognize Chinese archaeological material and its value to the

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Page 30: CULTURAL PROPERTY - Promoting Mutual Understanding · exportation of cultural property at borders and ports; and (2) recognize Chinese archaeological material and its value to the

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Page 31: CULTURAL PROPERTY - Promoting Mutual Understanding · exportation of cultural property at borders and ports; and (2) recognize Chinese archaeological material and its value to the

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