TREATIES AND OTHER INTERNATIONAL ACTS SERIES 14-307

________________________________________________________________________

CULTURAL PROPERTY

Agreement Between the 

UNITED STATES OF AMERICA

and HONDURAS

Amending and Extending

Memorandum of Understanding of

March 12, 2004

As Amended and Extended

Effected by Exchange of Notes at

Washington March 7, 2014
 

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.”
 

 HONDURAS

 Cultural Property 

Agreement amending and extending memorandum of 

 understanding of March 12, 2004, 

 as amended and extended.

Effected by exchange of notes at Washington March 7, 2014;

Entered into force March 7, 2014; with effect from March 12, 2014.
The Department of State refers the Embassy of Honduras to the Memorandum of

Understanding Between the Government of the United States of America and the Government of

the Republic of Honduras Concerning the Imposition of Import Restrictions on Archaeological

Material from the Pre-Columbian Cultures of Honduras signed at Tegucigalpa, March 12, 2004,

as amended and extended via exchange of diplomatic notes in 2009 (hereinafter referred to as

"the MOU").

The Department, on behalf of the Government of the United States of America, proposes

that, pursuant to Article IV.A of the MOU, the MOU be extended for an additional five-year

period.

The Department further proposes that, pursuant to Article IV.B of the MOU, the MOU be

amended as follows:

1) The title be deleted and replaced with the following: "Memorandum of

Understanding Between the Government of the United States of America and the

Government of the Republic of Honduras Concerning the Imposition of Import

Restrictions on Archaeological Material from the Pre-Columbian Cultures and

Ecclesiastical Ethnological Material from the Colonial Period of Honduras" to

reflect the inclusion of certain ethnological material to be protected under the

MOU.

2) Preamble, paragraph 3 be deleted and replaced with the following:

"Desiring to reduce the incentive for pillage of irreplaceable archaeological

material representing the pre-Colombian cultures and ecclesiastical ethnological

material representing the Colonial period of Honduras."

3) Article I.A be deleted and replaced with the following: "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 the archaeological and ethnological material

identified on a list to be promulgated by the United States Government (hereafter

DIPLOMATIC NOTE
"Designated List") unless the Government of the Republic of Honduras issues a

certification or other documentation which certifies that such exportation was not

in violation of its laws."

4) Article II would be replaced with the enclosed revised Article II.

If the foregoing proposal is acceptable to the Ministry, the Department proposes that this

note, including the enclosed revised Article II, and the Ministry's note in reply, shall constitute

an agreement to amend and extend the MOU, which shall enter into force on the date of the

Ministry's note in reply and shall take effect on March 12, 2014.

Enclosure:

As stated.

Department of State,

Washington, March 7, 2014
Revised Article II

A. The Government of the United States of America and the Government of the Republic of

Honduras shall undertake efforts to publicize this Memorandum of Understanding and

the reasons for it, including on the internet and in other media.

B. The Government of the Republic of Honduras shall work to register its cultural patrimony by:

1. Continuing its progress on the registration of all known archaeological and

ethnological material throughout the country;

2. Using its best efforts to register all known archaeological sites in the country; and

3. Using its best efforts to digitize the results of the registration program, including photo

documentation of ecclesiastical material.

C. The Government of the United States of America shall use its best efforts to facilitate

technical assistance in cultural resource management and security to Honduras, as

requested, and as appropriate under existing programs in the public and/or private sectors,

particularly recognizing the increasing destabilizing influence of drug traffickers in the

Central American region and the potential for the destruction of cultural property by

development.

D. Both Governments shall use their best efforts to facilitate the exchange of their cultural

property, under circumstances that do not jeopardize their cultural patrimony, such as

temporary and long-term loans to museums and educational institutions for exhibition

purposes and scientific examination, including through considering streamlining the

approval process for such loans and standardizing the fees for such loans.

E. The Government of the Republic of Honduras shall use its best efforts to coordinate intragovernmental efforts in protecting its cultural property, including by continuing to

endorse and support the Inter-Institutional Commission [for the protection of cultural

patrimony]; and shall engage agencies and institutions with responsibilities that might

affect the cultural patrimony, such as the departments of public works, transportation, and

housing; and by cooperating with agencies that monitor drug trafficking.

F. The Government of the Republic of Honduras shall continue its enforcement of existing laws

protecting cultural property, with an emphasis on prosecution of crimes against cultural

patrimony, in order to reduce the incentive for looting of archaeological sites and

ethnological material and shall use its best efforts to monitor the damage to historical and

archaeological sites due to development and overuse.

G. In order to assist in the recovery of pillaged cultural property, the Government of the Republic

of Honduras shall use its best efforts to report thefts of archaeological and ethnological

cultural property to proper national and international authorities as soon as feasible.

H. Both Governments agree that, in order for United States import restrictions to be fully

successful in thwarting pillage, the Government of the Republic of Honduras shall

continue to strengthen cooperation within Central America for the protection of the

cultural property of the region; and shall continue to seek the cooperation of countries

with significant import trade in Honduran archaeological and ethnological objects to

protect its cultural property.

I. Both Governments shall continue to encourage academic institutions, non-governmental

institutions, citizen's groups, and other organizations to cooperate in the research and

interchange of knowledge about the full range of the cultural patrimony of Honduras.

J. The Government of the Republic of Honduras shall continue: to develop and implement

professional training programs for archaeologists, museum personnel, and public
institution administrators responsible for cultural patrimony; to promote the viability of

local museums; and to educate and inform the public about the importance of the

country's cultural heritage and its role in its protection, particularly in light of new laws

that directly or indirectly affect cultural patrimony.

K. In advance of the expiration of the five-year period of this Memorandum of Understanding,

the Government of the Republic of Honduras shall inform the United States of the steps it

has taken towards meeting the terms of this Memorandum of Understanding.
EMBAJADA DE HONDURAS

EN ESTADOS UNIDOS DE AMERICA

DS/032/EHW/2014 Washington, D.C. March 7, 2014

The Embassy of Honduras received the diplomatic note dated March 7, 2014 which

states:

"The Department of State refers the Embassy of Honduras to the Memorandum

of Understanding Between the Government of the United States of America and the Government

of the Republic of Honduras Concerning the Imposition of Import Restrictions on

Archaeological Material from the Pre-Columbian Cultures of Honduras signed at Tegucigalpa,

March 12, 2004, as amended and extended via exchange of diplomatic notes in 2009

(hereinafter referred to as "the MOU").

The Department, on behalf of the Government of the United States of America,

proposes that, pursuant to Article IV.A of the MOU, the MOU be extended for an

additional five-year period.

The Department further proposes that, pursuant to Article IV.B of the MOU, the

MOU be amended as follows:

1) The title be deleted and replaced with the following:

"Memorandum of Understanding Between the Government of the United

States of America and the Government of the Republic of Honduras

Concerning the Imposition of Import Restrictions on Archaeological

Material from the Pre-Columbian Cultures and Ecclesiastical

Ethnological Material from the Colonial Period of Honduras" to reflect

the inclusion of certain ethnological material to be protected under the

MOU.

2) Preamble, paragraph 3 be deleted and replaced with the following:

"Desiring to reduce the incentive for pillage of irreplaceable
archaeological material representing the pre-Colombian cultures and

ecclesiastical ethnological material representing the Colonial period of

Honduras."

3) Article I.A be deleted and replaced with the following: "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 the

archaeological and ethnological material identified on a list to be

promulgated by the United States Government (hereafter "Designated

List") unless the Government of the Republic of Honduras issues a

certification or other documentation which certifies that such exportation

was not in violation of its laws."

4) Article II would be replaced with the enclosed revised Article II.

If the foregoing proposal is acceptable to the Ministry, the Department proposes

that this note, including the enclosed revised Article II, and the Ministry's note in reply,

shall constitute an agreement to amend and extend the MOU, which shall enter into

force on the date of the Ministry's note in reply and shall take effect on March 12, 2014.

Enclosure:

As stated."

The Embassy of Honduras, with due authorization from the Secretary of Foreign

Relations and External Cooperation of the Republic of Honduras, accepts the proposal

made by the United States of America and accepts that these notes, including the

attached revised Article II, constitute an agreement to amend and extend the

Memorandum of Understanding Between the Government of the United States of

America and the Government of the Republic of Honduras Concerning the Imposition of

Import Restrictions on Archaeological Material from the Pre-Columbian Cultures of

Honduras signed at Tegucigalpa, and shall take effect on March 12, 2014.

The Embassy of Honduras avails itself of the opportunity to reiterate the

assurances of its distinguished consideration.
Revised Article II

A. The Government of the United States of America and the Government of the

Republic of Honduras shall undertake efforts to publicize this Memorandum of

Understanding and the reasons for it, including on the interne and in other

media.

B. The Government of the Republic of Honduras shall work to register its cultural

patrimony by:

1. Continuing its progress on the registration of all known archaeological and

ethnological material throughout the country;

2. Using its best efforts to register all known archaeological sites in the country;

and

3. Using its best efforts to digitize the results of the registration program,

including photo documentation of ecclesiastical material.

C. The Government of the United States of America shall use its best efforts to facilitate

technical assistance in cultural resource management and security to Honduras,

as requested, and as appropriate under existing programs in the public and/or

private sectors, particularly recognizing the increasing destabilizing influence of

drug traffickers in the Central American region and the potential for the

destruction of cultural property by development.

D. Both Governments shall use their best efforts to facilitate the exchange of their

cultural property, under circumstances that do not jeopardize their cultural

patrimony, such as temporary and long-term loans to museums and educational

institutions for exhibition purposes and scientific examination, including through

considering streamlining the approval process for such loans and standardizing

the fees for such loans.

E. The Government of the Republic of Honduras shall use its best efforts to coordinate

intra-governmental efforts in protecting its cultural property, including by

continuing to endorse and support the Inter-Institutional Commission [for the

protection of cultural patrimony]; and shall engage agencies and institutions with

responsibilities that might affect the cultural patrimony, such as the departments

of public works, transportation, and housing; and by cooperating with agencies

that monitor drug trafficking.

F. The Government of the Republic of Honduras shall continue its enforcement of

existing laws protecting cultural property, with an emphasis on prosecution of

crimes against cultural patrimony, in order to reduce the incentive for looting of

archaeological sites and ethnological material and shall use its best efforts to

monitor the damage to historical and archaeological sites due to development

and overuse.

G. In order to assist in the recovery of pillaged cultural property, the Government of the

Republic of Honduras shall use its best efforts to report thefts of archaeological

and ethnological cultural property to proper national and international authorities

as soon as feasible.

H. Both Governments agree that, in order for United States import restrictions to be fully

successful in thwarting pillage, the Government of the Republic of Honduras

shall continue to strengthen cooperation within Central America for the

protection of the cultural property of the region; and shall continue to seek the

cooperation of countries with significant import trade in Honduran

archaeological and ethnological objects to protect its cultural property.

I. Both Governments shall continue to encourage academic institutions, nongovernmental institutions, citizen's groups, and other organizations to cooperate
in the research and interchange of knowledge about the full range of the cultural

patrimony of Honduras.

J. The Government of the Republic of Honduras shall continue: to develop and

implement professional training programs for archaeologists, museum personnel,

and public institution administrators responsible for cultural patrimony; to

promote the viability of local museums; and to educate and inform the public

about the importance of the country's cultural heritage and its role in its

protection, particularly in light of new laws that directly or indirectly affect

cultural patrimony.

K. In advance of the expiration of the five-year period of this Memorandum of

Understanding, the Government of the Republic of Honduras shall inform the

United States of the steps it has taken towards meeting the terms of this

Memorandum of Understanding.