Japan - Law Concerning Controls on the Illicit Export and Import of Cultural Property

 

· Article 1

· Objective

 

The objective of this law is to provide necessary measures in connection with the import, export, and recovery of stolen cultural property in order to ensure proper implementation of the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (hereinafter referred to as the "Convention").

 

· Article 2

· Definitions

 

1.

In this law, the term "cultural property" means domestic cultural property and property which a foreign government that is a State Party to the Convention (hereinafter referred to as a "foreign government") has designated in accordance with Article 1 of the Convention.

2.

In this law, the term "domestic cultural property" means property which is among items belonging to the categories that are enumerated in (a) through (k) of Article 1 of the Convention and has been designated as important cultural properties in accordance with the provisions of Paragraph 1 of Article 27 of the Law for the Protection of Cultural Properties (Law No. 214 of 1950), as important tangible folk-cultural property in accordance with the provisions of Paragraph 1 of Article 56-10 of that law, or as historic sites, places of scenic beauty, or natural monuments in accordance with the provisions of Paragraph 1 of Article 69 of that law.

 

· Article 3

· Specified Foreign Cultural Property

 

1.

Upon receiving notification from a foreign government to the effect that cultural property has been stolen from an institution stipulated in Article 7 (b) (i) of the Convention, the Minister of Foreign Affairs shall notify the Minister of Education, Culture, Sports, Science and Technology of the content thereof without delay.

2.

Upon receiving notification from the Minister of Foreign Affairs in accordance with the provisions of the preceding paragraph, the Minister of Education, Culture, Sports, Science and Technology shall designate the cultural property that is the subject of the said notification as specified foreign cultural property in accordance with what is prescribed by the Ministry of Education, Culture, Sports, Science and Technology (MEXT) Ordinance.

3. When the Minister of Education, Culture, Sports, Science and Technology intends to make a designation in accordance with the provisions of the preceding paragraph, the Minister of Economy, Trade and Industry shall be consulted.

 

·Article 4

Import Restriction

 

Any person who intends to import specified foreign cultural property shall comply with the requirement to obtain import approval in accordance with the provisions of Article 52 of the Foreign Exchange and Foreign Trade Law (Law No. 228 of 1949).

 

· Article 5

· Announcement of Notification and So Forth

 

1.

Upon receiving notification (limited to notification of instances of loss or theft) in connection with domestic cultural property in accordance with the provisions of Article 33 of the Law for the Protection of Cultural Properties (inclusive of the application mutatis mutandis of Article 56-12, Article 73-2, and Article 75 of that Law), the Commissioner of the Agency for Cultural Affairs shall make an announcement thereof in the Official Gazette and, when the said property has been stolen from an institution stipulated in Article 7 (b) (i) of the Convention, shall also notify the Minister of Foreign Affairs.

2.

Upon receiving notification as in the preceding paragraph, the Minister of Foreign Affairs shall notify foreign governments of the content thereof without delay.

 

· Article 6

· Exceptions Related to Recovery of Specified Foreign Cultural Property

 

1.

Even when the possessor of specified foreign cultural property fulfils the conditions stipulated in Article 192 of the Civil Code (Law No. 89 of 1896), the victim of the theft as referred to in Paragraph 1 of Article 3 above may, in addition to making a claim for recovery in accordance with the provisions of Article 193 of the Civil Code, claim for recovery of the said property after two (2) years have elapsed and within a total period of ten (10) years from the time of the theft. However, this shall not apply when the said specified foreign cultural property has been so designated in accordance with the provisions of Paragraph 2 of Article 3 after its import into Japan.

2.

In the instance described in the first sentence of the preceding paragraph, the victim shall reimburse the possessor for the price paid for the said property

 

· Article 7

Measures to Deepen Public Understanding

 

The objective of this law is to provide necessary measures in connection with the import, export, and recovery of stolen cultural property in order to ensure proper implementation of the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (hereinafter referred to as the "Convention").

 

· Supplementary Provisions

Date of Enforcement

1.

This law shall come into force on the day that the Convention enters into force in Japan.

Transitory Measures

2.

The provisions of Article 3 shall not apply to cultural property that was stolen prior to the enforcement of this law.

3.

The provisions of Article 5 shall not apply to cultural property that was lost or stolen prior to the enforcement of this law.

 

 

Amended Relevant Articles of the Law for the Protection of Cultural Properties

 

(Protection of Important Tangible Folk-cultural Property)

Article 56-13

The objective of this law is to provide necessary measures in connection with the import, export, and recovery of stolen cultural property in order to ensure proper implementation of the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (hereinafter referred to as the "Convention").

 

2.

In a case deemed necessary for the protection of important tangible folk-cultural property, the Commissioner of the Agency for Cultural Affairs may give necessary instructions with regard to the alteration of the existing state of such folk-cultural property for which a report has been filed in accordance with the preceding paragraph or the act affecting the preservation of said property.

Article 56-13-2

              Any person who intends to export important tangible folk-cultural property shall obtain the permission of the Commissioner of the Agency for Cultural Affairs.

Article 106-2

              Any person who has violated the provision of Article 56-13-2 and has exported important tangible folk-cultural property without obtaining the permission of the Commissioner of the Agency for Cultural Affairs shall be punished by imprisonment or penal servitude for up to three (3) years or by a fine of up to five hundred thousand (500,000) yen.