TREATIES AND OTHER INTERNATIONAL ACTS SERIES 17-124

________________________________________________________________________

CULTURAL EXCHANGES, PROPERTY

AND COOPERATION

Agreement Between the

UNITED STATES OF AMERICA

and BOLIVIA

Amending and Extending the 

Memorandum of Understanding of

December 4, 2001

As Amended and Extended

Effected by Exchange of Notes at

La Paz November 8 and 30, 2016, and

January 24, 2017
 NOTE BY THE DEPARTMENT OF STATE

 Pursuant to Public Law 89—497, approved July 8, 1966

(80 Stat. 271; 1 U.S.C. 113)—

“. . .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 thereof.”
 BOLIVIA

 Cultural Exchanges, Property and

 Cooperation

 

 Agreement amending and extending the

 memorandum of understanding

 of December 4, 2001,

 as amended and extended.

 Effected by exchange of notes at

 La Paz November 8 and 30, 2016,

 and January 24, 2017;

 Entered into force January 24, 2017;

 With effect from December 4, 2016.
No. 415/2016 

The Embassy ofthe United States ofAmerica presents its compliments to 

the Ministry ofForeign Affairs ofthe Plurinational State ofBolivia and has the 

honor to refer to the Memorandum ofUnderstanding betwe~n the Government of 

the United States of America and the Government ofthe Republic ofBolivia 

Concerning the Imposition ofImport Restrictions on Archaeological Material from 

the Pre-Columbian Cultures and Certain Ethnological Matetjial from the Colonial 

and Republican Periods ofBolivia, signed in Washington, Q.C., on December 4, 

2001, as amended and extended by an exchange of notes dated November 27 and 

29, 2006 and as extended by an exchange ofnotes dated October 31 and November 

10,2011. 

The Embassy, on behalf ofthe Government ofthe United States ofAmerica 

' 

proposes that, pursuant to Article IV ofthe Memorandum ofUnderstanding 

(MOU), the MOU be extended for an additional five-year period. 

The Embassy further proposes that, pursuant to Article IV.B ofthe MOU, 

the MOU be amended as follows: 

DIPLOMATIC NOTE 
1) That all references to "Republic ofBolivia" in the MOU be replaced with 

"Plurinational State ofBolivia;" and 

2) Article II ofthe MOU shall be amended by replacing it with the revised 

Article II attached herewith in equally authentic English and1

Spanish versions. 

Ifthe foregoing proposals are acceptable to the Government ofthe 

Plurinational State ofBolivia, the Embassy proposes that this note, including its 

attached revised Article II, and the Ministry's affirmative note in reply shall 

constitute an agreement between the two governments to ext~nd and amend the 

MOU, which shall enter into force on the date ofthe Ministr>1's note in reply, with 

effect from December 4, 2016. 

The Embassy ofthe United States ofAmerica takes this opportunity to 

renew to the Ministry ofForeign Relations ofthe Plurinational State ofBolivia the 

assurances ofits highest consideration. 

Attachment: 

As stated. 

Embassy ofthe United States ofAmerica, ~ 

La Paz, November 8, 2016. 
Article II 

A. The Government ofthe United States ofAmerica and \the Government ofthe 

Plurinational State ofBolivia shall publicize this Me:nlorandum of 

Understanding and the reasons for it. 

B. Both Governments desire to enhance the appreciation !of the cultural heritage 

ofthe Plurinational State ofBolivia; and, toward that end, the Government 

ofthe Plurinational State ofBolivia shall endeavor to permit the exchange of 

its archaeological and ethnological objects for cultura~, educational and 

scientific purposes. 

C. The Government ofthe United States shall endeavor to respond to requests 

from the Government ofthe Plurinational State ofBolivia for expertise, 

collaboration, and other assistance related to the protection ofthe 

Plurinational State ofBolivia's cultural heritage, such as professional 

training in cultural resource management and security. 

D. The Government ofthe Plurinational State ofBolivia shall continue its 

efforts to educate its citizens about the need to safeguard cultural heritage 

and to develop further the technical and managerial pJ:'.ofessions relating to I 

cultural heritage protection, so as to prepare a workforce capable of 

protecting the patrimony for future generations. 

E. Considering recent revisions of cultural heritage laws ofthe Plurinational 

State ofBolivia, the Government ofthe Plurinational State· ofBolivia shall 

endeavor to train investigators, prosecutors, and judges regarding cultural 

property crime. 

F. Having made excellent progress in the protection ofC,olonial-period 

heritage, the Government ofthe Plurinational State of!Bolivia shall continue 

efforts to document and register cultural property using international 

standards, including digital imagery, so that theft reports can be shared 

rapidly with law enforcement agencies. 

G. To the extent possible, the Government ofthe Plurinational State ofBolivia 

shall devise and maintain a system to document and track incidents of 

looting at archaeological sites. 

H. The Government ofthe Plurinational State ofBolivia shall endeavor to 

increase and expand its cooperation with other countries to curtail the illicit 

trafficking of cultural property. 
LS No. 0-2017-000915 U.S. Department of State Spanish/English Office of Language Services BBM/GPG Translating Division 

Translation 

[Shield] 

Plurinational State of Bolivia 


Ministry of Foreign Relations 


Embassy of the United States of America 

La Paz 

VGIC-Cs-248/2016 

La Paz, November 30, 2016 

The Ministry of Foreign Relations ofthe Plurinational State of Bolivia presents its 

compliments to the Embassy of the United States ofAmerica and has the honor to refer to the 

Memorandum of Understanding for the Protection of Cultural Property, signed by our two 

countries in 2001, and renewed in 2006 and 2011. 

In this regard, this Ministry hereby communicates: 

• 	 Acceptance of the extension, as of December 4, 2016; 

• 	 That, in terms of amendments to the Memorandum of Understanding, the name ofthe 

Bolivian State needs to be updated by replacing all references to the "Republic of 

Bolivia" with the "Plurinational State of Bolivia;" 

• 	 That, with regard to the stated amendments to Article II, these changes entail revising an 

international instrument, which is not acceptable to the competent Ministry of State, and 

therefore the original text should be retained. 
-2­

The Ministry of Foreign Relations ofthe Plurinational State ofBolivia should be grateful 

to have the foregoing communicated to the pertinent authorities for their review and 

[complimentary close.] 

[Seal ofthe Ministry ofInternational Relations] 
ESTAOO Pl.URINAClONAI.. DE BOLIVIA 


MlN!STERIO OE REl.ACIONES EXTERIORES 


VGIC-Cs-248/2016 

EL MINISTERIO DE RELACIONES EXTERIORES DEL ESTADO 

PLURINACIONAL DE BOLIVIA, saluda muy atentamente a la Honorable 

Embajada de Estados Unidos de America y tiene a bien hacer referenda al 

Memorandum de Entendimiento para la Protecci6n del Patrimonio Cultural, 

firmado por nuestros paises en el ario 2001 y renovado el 2006 y 2011. 

Al respecto, este Ministerio cumple en comunicar: 

• 	 Aceptaci6n de la pr6rroga desde el 4 de diciembre de 2016. 

• 	 Respecto a las modificaciones al Memorandum de Entendimiento, se 

debe actualizar el nombre del Estado boliviano, con Estado 

Plurinacional de Bolivia en lugar de Republica de Bolivia. 

• 	 Respecto a las modificaciones referidas al articulo II, se considera que 

estas implican revision del instrumento internacional, situaci6n no 

aceptada por el Ministerio de Estado competente, par lo que debe 

mantenerse el texto original. 

EL MINISTERIO DE RELACIONES EXTERIORES DEL ESTADO 

PLURINACIONAL DE BOLIVIA, al agradecer que se ponga lo anterior en 

conocimiento de las autoridades pertinentes a fin de conocer sus criterios, hace 

propicia la oportunidad para reiterar a la Honorable Embajada de Estados Unidos 

de America, las seguridades de su mas alta y distinguida consideraci6n. 

La Paz, 3 0 NOV 2016 

A la Honorable 

EMBAJADA DE EST ADOS UNIDOS DE AMERICA 

Presente.­
No. 020-2017 

The Embassy ofthe United States ofAmerica presents its compliments to 

the Ministry of Foreign Relations ofthe Plurinational State of Bolivia and 

acknowledges receipt ofthe attached Note No. VGIC-Cs-248/2016, dated 

November 30, 2016, from the Ministry, in which the Ministry communicates the 

following: 

e 	 "Acceptance ofthe extension, as of December 4, 2016; 

o 	 That, in terms of amendments to the Memorandum of Understanding, the 

name ofthe Bolivian State needs to be updated by replacing all references 

to the 'Republic ofBolivia' with the 'Plurinational State of Bolivia;' 

e 	 That, with regard to the stated amendments to Article II, these changes 

entail revising an international instrument, which is not acceptable to the 

competent Ministry of State, and therefore the original text should be 

retained." 
The Embassy confirms that the foregoing proposals are acceptable to the 

Government or the United States of America. Therefore, the Embassy's note No. 

415/20 I 6, dated November 8, 2016, the Ministry's note No. VG!C-Cs-248/20 i 6, 

dated November 30, 2016, and this note in reply shall, taken together, constitute an 

Agreement, which shall enter into force upon the date of this note, with effect fro:n 

December 4, 20 l 6. 

The Embassy of the United States of America takes this opportunity to 

renew to the Ministry of Foreign Relations ofthe Plurinational State of Bolivia the 

assurances of its highest consideration. 

Attachment: As stated. 

Embassy of the United States of America, 

La Paz, January 24, 2017.