The Iraq (United Nations Sanctions) Order 2003

ILLEGALLY REMOVED IRAQI CULTURAL PROPERTY

Illegally removed Iraqi cultural property

8.—(1) The importation or exportation of any item of illegally removed Iraqi cultural property is prohibited.

(2) Any person who holds or controls any item of illegally removed Iraqi cultural property must cause the transfer of that item to a constable. Any person who fails to do so shall be guilty of an offence under this Order, unless he proves that he did not know and had no reason to suppose that the item in question was illegally removed Iraqi cultural property.

(3) Any person who deals in any item of illegally removed Iraqi cultural property shall be guilty of an offence under this Order, unless he proves that he did not know and had no reason to suppose that the item in question was illegally removed Iraqi cultural property.

(4) “Illegally removed Iraqi cultural property” means Iraqi cultural property and any other item of archaeological, historical, cultural, rare scientific or religious importance illegally removed from any location in Iraq since 6th August 1990. It is immaterial whether the removal was illegal under the law of a part of the United Kingdom or of any other country or territory.

(5) A person deals in an item if (and only if) he—

(a) acquires, disposes of, imports or exports it,

(b) agrees with another to do an act mentioned in paragraph (a), or

(c) makes arrangements under which another person does such an act or under which another person agrees with a third person to do such an act.

(6) In this article—

(a) “acquires” means buys, hires, borrows or accepts,

(b) “disposes of” means sells, lets on hire, lends or gives,

(c) in relation to agreeing or arranging to do an act, it is immaterial whether the act is agreed or arranged to take place in the United Kingdom or elsewhere.