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Cultural Property (Armed Conflicts) Act 2017

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  1. Introductory Text

  2. Part 1 Key definitions

    1. 1.“The Convention” and related expressions

    2. 2.“Cultural property”

  3. Part 2 Serious violation of Second Protocol

    1. 3.Offence of serious violation of Second Protocol

    2. 4.Ancillary offences

    3. 5.Responsibility of commanders and other superiors

    4. 6.Penalties

    5. 7.Consent to prosecutions

  4. Part 3 Cultural emblem

    1. 8.The cultural emblem

    2. 9.Offence of unauthorised use

    3. 10.Use authorised by appropriate national authority

    4. 11.Other authorised use: moveable property

    5. 12.Other authorised use: personnel

    6. 13.Defences

    7. 14.Forfeiture following conviction under section 9

    8. 15.“Appropriate national authority”

  5. Part 4 Property exported from occupied territory

    1. Definitions

      1. 16.“Unlawfully exported cultural property” etc

    2. Dealing in unlawfully exported cultural property

      1. 17.Offence of dealing in unlawfully exported cultural property

      2. 18.Forfeiture in connection with dealing offence

    3. Forfeiture otherwise than in connection with offence

      1. 19.Property liable to forfeiture

      2. 20.Forfeiture order

      3. 21.Compensation

      4. 22.Interim orders

    4. Seizure and retention of property liable to forfeiture

      1. 23.Search and seizure warrants

      2. 24.Retention of property in custody of constable

      3. 25.Notices of seizure or retention

      4. 26.Property in custody of others

      5. 27.Return of property to owner if not forfeited

  6. Part 5 Property removed for safekeeping

    1. 28.Immunity from seizure or forfeiture

  7. Part 6 General

    1. 29.Liability of company officers for offences by company

    2. 30.Crown application

    3. 31.Extent

    4. 32.Commencement

    5. 33.Short title

  8. SCHEDULES

    1. SCHEDULE 1

      Convention

      1. The High Contracting Parties,

      2. Recognizing that cultural property has suffered grave damage during recent...

      3. Being convinced that damage to cultural property belonging to any...

      4. Considering that the preservation of the cultural heritage is of...

      5. Guided by the principles concerning the protection of cultural property...

      6. Being of the opinion that such protection cannot be effective...

      7. Being determined to take all possible steps to protect cultural...

      8. Have agreed upon the following provisions:

      9. The High Contracting Parties,

      10. Recognizing that cultural property has suffered grave damage during recent...

      11. Being convinced that damage to cultural property belonging to any...

      12. Considering that the preservation of the cultural heritage is of...

      13. Guided by the principles concerning the protection of cultural property...

      14. Being of the opinion that such protection cannot be effective...

      15. Being determined to take all possible steps to protect cultural...

      16. Have agreed upon the following provisions:

      17. Chapter I. General provisions regarding protection Definition of cultural property...

        1. Chapter I. General provisions regarding protection

          1. Article 1.Definition of cultural property

          2. Article 2.Protection of cultural property

          3. Article 3.Safeguarding of cultural property

          4. Article 4.Respect for cultural property

          5. Article 5.Occupation

          6. Article 6.Distinctive marking of cultural property

          7. Article 7.Military measures

        2. Chapter II. Special protection

          1. Article 8.Granting of special protection

          2. Article 9.Immunity of cultural property under special protection

          3. Article 10.Identification and control

          4. Article 11.Withdrawal of immunity

        3. Chapter III. Transport of cultural property

          1. Article 12.Transport under special protection

          2. Article 13.Transport in urgent cases

          3. Article 14.Immunity from seizure, capture and prize

        4. Chapter IV. Personnel

          1. Article 15.Personnel

        5. Chapter V. The distinctive emblem

          1. Article 16.Emblem of the convention

          2. Article 17.Use of the emblem

        6. Chapter VI. Scope of application of the Convention

          1. Article 18.Application of the Convention

          2. Article 19.Conflicts not of an international character

        7. Chapter VII. Execution of the Convention

          1. Article 20.Regulations for the execution of the Convention

          2. Article 21.Protecting powers

          3. Article 22.Conciliation procedure

          4. Article 23.Assistance of UNESCO

          5. Article 24.Special agreements

          6. Article 25.Dissemination of the Convention

          7. Article 26.Translations reports

          8. Article 27.Meetings

          9. Article 28.Sanctions

          10. Final provisions

            1. Article 29.Languages

            2. Article 30.Signature

            3. Article 31.Ratification

            4. Article 32.Accession

            5. Article 33.Entry into force

            6. Article 34.Effective application

            7. Article 35.Territorial extension of the Convention

            8. Article 36.Relation to previous conventions

            9. Article 37.Denunciation

            10. Article 38.Notifications

            11. Article 39.Revision of the Convention and of the Regulations for its execution

            12. Article 40.Registration

    2. SCHEDULE 2

      Regulations for the execution of the Convention

      1. Chapter I. Control International list of persons On the entry into force of the Convention, the Director-General...

        1. Chapter I. Control

          1. Article 1.International list of persons

          2. Article 2.Organization of control

          3. Article 3.Appointment of delegates of Protecting Powers

          4. Article 4.Appointment of Commissioner-General

          5. Article 5.Functions of delegates

          6. Article 6.Functions of the Commissioner-General

          7. Article 7.Inspectors and experts

          8. Article 8.Discharge of the mission of control

          9. Article 9.Substitutes for Protecting Powers

          10. Article 10.Expenses

        2. Chapter II. Special protection

          1. Article 11.Improvised refuges

          2. Article 12.International Register of Cultural Property under Special Protection

          3. Article 13.Requests for registration

          4. Article 14.Objections

          5. Article 15.Registration

          6. Article 16.Cancellation

        3. Chapter III. Transport of cultural property

          1. Article 17.Procedure to obtain immunity

          2. Article 18.Transport abroad

          3. Article 19.Occupied territory

        4. Chapter IV. The distinctive emblem

          1. Article 20.Affixing of the emblem

          2. Article 21.Identification of persons

    3. SCHEDULE 3

      First Protocol

      1. The High Contracting Parties are agreed as follows:

      2. I.(1) Each High Contracting Party undertakes to prevent the exportation,...

      3. II.(5) Cultural property coming from the territory of a High...

      4. III.(6) The present Protocol shall bear the date of 14...

    4. SCHEDULE 4

      Second Protocol

      1. The Parties,

      2. Conscious of the need to improve the protection of cultural...

      3. Reaffirming the importance of the provisions of the Convention for...

      4. Desiring to provide the High Contracting Parties to the Convention...

      5. Considering that the rules governing the protection of cultural property...

      6. Affirming that the rules of customary international law will continue...

      7. Have agreed as follows:

      8. The Parties,

      9. Conscious of the need to improve the protection of cultural...

      10. Reaffirming the importance of the provisions of the Convention for...

      11. Desiring to provide the High Contracting Parties to the Convention...

      12. Considering that the rules governing the protection of cultural property...

      13. Affirming that the rules of customary international law will continue...

      14. Have agreed as follows:

      15. Chapter 1 Introduction Definitions For the purposes of this Protocol: (a) “Party” means a...

        1. Chapter 1 Introduction

          1. Article 1.Definitions

          2. Article 2.Relation to the Convention

          3. Article 3.Scope of application

          4. Article 4.Relationship between Chapter 3 and other provisions of the Convention and this Protocol

        2. Chapter 2 General provisions regarding protection

          1. Article 5.Safeguarding of cultural property

          2. Article 6.Respect for cultural property

          3. Article 7.Precautions in attack

          4. Article 8.Precautions against the effects of hostilities

          5. Article 9.Protection of cultural property in occupied territory

        3. Chapter 3 Enhanced Protection

          1. Article 10.Enhanced protection

          2. Article 11.The granting of enhanced protection

          3. Article 12.Immunity of cultural property under enhanced protection

          4. Article 13.Loss of enhanced protection

          5. Article 14.Suspension and cancellation of enhanced protection

        4. Chapter 4 Criminal responsibility and jurisdiction

          1. Article 15.Serious violations of this Protocol

          2. Article 16.Jurisdiction

          3. Article 17.Prosecution

          4. Article 18.Extradition

          5. Article 19.Mutual legal assistance

          6. Article 20.Grounds for refusal

          7. Article 21.Measures regarding other violations

        5. Chapter 5 The protection of cultural property in armed conflicts not of an international character

          1. Article 22.Armed conflicts not of an international character

        6. Chapter 6 Institutional Issues

          1. Article 23.Meeting of the Parties

          2. Article 24.Committee for the Protection of Cultural Property in the Event of Armed Conflict

          3. Article 25.Term of office

          4. Article 26.Rules of procedure

          5. Article 27.Functions

          6. Article 28.Secretariat

          7. Article 29.The Fund for the Protection of Cultural Property in the Event of Armed Conflict

        7. Chapter 7 Dissemination of Information and International Assistance

          1. Article 30.Dissemination

          2. Article 31.International cooperation

          3. Article 32.International assistance

          4. Article 33.Assistance of UNESCO

        8. Chapter 8 Execution of this Protocol

          1. Article 34.Protecting Powers

          2. Article 35.Conciliation procedure

          3. Article 36.Conciliation in absence of Protecting Powers

          4. Article 37.Translations and reports

          5. Article 38.State responsibility

        9. Chapter 9 Final Clauses

          1. Article 39.Languages

          2. Article 40.Signature

          3. Article 41.Ratification, acceptance or approval

          4. Article 42.Accession

          5. Article 43.Entry into force

          6. Article 44.Entry into force in situations of armed conflict

          7. Article 45.Denunciation

          8. Article 46.Notifications

          9. Article 47.Registration with the United Nations

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