TREATIES AND OTHER INTERNATIONAL ACTS SERIES 10-712 

________________________________________________________________________ 

CULTURAL PROPERTY 

 Agreement between the 

UNITED STATES OF AMERICA 

and MACEDONIA 

Effected by Exchange of Notes at 

Washington December 10, 2002 

with 

Annex 
 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.” 
MACEDONIA 

Cultural Property 

 Agreement effected by exchange of notes at 

 Washington December 10, 2002; 

 Entered into force July 12, 2010. 

 With annex. 
DEPARTMENT OF STATE

WASHINGTON

December 10, 2002

Excellency:

I have the honor to propose to you that our

Governments enter into an Agreement Concerning the

Protection and Preservation of Certain Cultural Properties.

The terms of this Agreement are contained in an Annex

enclosed with this note. In the Annex, the "First State"

refers to the Government of the United States of America

and the "Second State" refers to the Government of the

Former Yugoslav Republic of Macedonia.

If the foregoing proposals are acceptable to the

Former Yugoslav Republic of Macedonia, this note, including

the Annex and your note in reply concurring therein shall

constitute an'Agreement between the Government of the

Her Excellency

Ilinka Mitreva,

Minister of Foreign Affairs of the

Former Yugoslav Republic of Macedonia.

DIPLOMATIC NOTE
United States and the Government of the Former Yugoslav

Republic of Macedonia, which shall enter into force upon an

exchange of diplomatic notes by which the governments

inform each other about the fulfillment of their respective

legal requirements for entry into force. The Agreement may

be amended by mutual written agreement. It shall remain in

force until terminated by either government giving six

months' prior written notice through diplomatic channels to

the other government of its intention to terminate this

Agreement.

Accept, Excellency, the renewed assurances of my

highest consideration.

Enclosure:

As stated.
AGREEMENT

ON

THE PROTECTION AND PRESERVATION

OF CERTAIN CULTURAL PROPERTIES

The Government of the First State and the Government of the Second State,

hereafter referred to as Parties - -

Desirous of successful mutual cooperation in the field of cultural heritage,

Convinced that such an agreement will contribute to the strengthening of numerous

contacts between the two states,

Bearing in mind the respect due to fundamental human rights, and seeking to

promote understanding, tolerance and friendship among all nations, racial and religious

groups,

Convinced that each culture has a dignity and a value which must be respected and

preserved, and that all cultures form part of the common heritage belonging to all

mankind,

Desiring to enhance the protection of cultural heritage and provide access to the

treasures of national and world culture without discrimination,

Considering that deterioration or disappearance of items of the cultural heritage

constitutes an impoverishment of the heritage of all the nations of the world,

Considering that the protection of cultural heritage can be effective only if

organized both nationally and internationally among states working in close cooperation,

Considering the principles of the Helsinki Final Act of the Conference on Security

and Cooperation in Europe, and

Desirous of elaborating concrete steps in furtherance of the principles and purposes

of the 1972 Convention for the Protection of the World Cultural and Natural Heritage with

respect to certain items of cultural heritage of the victims of genocide,

Have agreed as follows:
ARTICLE 1

Each Party will take appropriate steps to protect and preserve the cultural heritage of all

national, religious, or ethnic groups (hereafter referred to as "groups") that reside or

resided in its territory, including victims of genocide during the Second World War.

The term "cultural heritage" for the purposes of this Agreement means places of worship,

sites of historical significance, monuments, cemeteries, and memorials to the dead, as well

as archival and other authentic and documentary materials relating thereto.

ARTICLE 2

The Parties shall cooperate in identifying lists of appropriate items falling within the scope

of Article 1, particularly those which are in danger of deterioration or destruction. Either

Party may publish such lists.

ARTICLE 3

Each Party will ensure that there is no discrimination, in form or in fact, against the

cultural heritage of any group referred to in Article 1 or against the nationals of the other

Party in the scope and application of its laws and regulations concerning:

(a) the protection and preservation of their cultural

heritage;

(b) the right to contribute to the protection and

preservation of their cultural heritage; and

(c) public access thereto.

ARTICLE 4

In cases where a group concerned, referred to in Article 1, is unable, on its own, to ensure

adequate protection and preservation of its cultural heritage, each Party shall take special

steps to ensure such protection and preservation of cultural heritage within its territory

and shall invite the cooperation of the other Party and its nationals where assistance is

required for this purpose.
ARTICLE 5

Properties of cultural heritage, referred to in Article 4, that are of special significance shall

be designated in the lists of items of cultural. heritage. Such lists shall be publicly

announced and communicated to competent federal, state and local authorities.

All properties of cultural heritage so designated shall be protected, preserved, and marked

in the manner stipulated by valid legal internal regulations of either Party. Public access

thereto shall be ensured.

Such lists of items of cultural heritage shall be designated by the Commission referred to in

Article 6 hereof. The Commission may also designate properties for inclusion in the list at

any time.

ARTICLE 6

A Joint Cultural Heritage Commission (JCHC) is hereby established to oversee the

operations of the lists referred to in Articles 2 and 5, and to perform such other functions

as are delegated to it by the Parties. Each Party shall appoint one or more member(s) to

the JCHC, who may be assisted by alternates and advisers. Decisions of the JCHC shall

require the assent of all members. The Parties shall cooperate in supplying the JCHC with

access to the items of cultural heritage and information necessary for the execution of its

responsibilities.

Each Party through its representative on the JCHC referred to in the first paragraph hereof

may request that special arrangements, as appropriate, be worked out under the

procedures of the JCHC to protect and preserve the cultural heritage in the territory of the

other Party of groups not covered under Article 1, in cases where such cultural heritage is

associated with the cultural heritage abroad of citizens of the requesting Party and is in

need for any reason of protection and preservation. The other Party will consider steps,

within the scope of its laws and regulations, to respond to the request.

The United States Commission for the Preservation of America's Heritage Abroad shall be

the Executive Agent for implementing this Agreement on behalf of the First State. The

Ministry of Culture shall be the Executive Agent for implementing this Agreement on

behalf of the Second State. Either Party may, by diplomatic note to the other, change its

Executive Agent.

ARTICLE 7

Nothing in this Agreement shall be construed to relieve either Party of its obligations

under the 1972 Convention for the Protection of the World Cultural and Natural Heritage

or any other agreement for the protection of cultural heritage.
ARTICLE 8

This Agreement shall be implemented in accordance with the laws and regulations of both

countries and the availability of funds.

ARTICLE 9

Disputes concerning the interpretation or application of this Agreement shall be submitted

to the Agents referred to in the third paragraph of Article 6.
AMBACA)(A HA PEITSTEJMKA. MAKETIOHHJA

EMBASSY OF THE REPUBLIC OF MACEDONIA

BADDIIIITOH,WASHINGTON , D.C.

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AMBACATIA HA PEHYBJIHKA MAKEJOHHJA

EMBASSY OF THE REPUBLIC OF MACEDONIA

BADDIHITOH,WASHINGTON , D.C.

DECEMBER 10, 2002

Excellency:

I have the honor to confirm the receipt of the diplomatic note and enclosed Annex, dated

December 10, 2002, which contains your proposal that our Governments enter into an

Agreement Concerning the Protection and Preservation of Certain Cultural Properties.

I have the honor to inform you that the Government of the Republic of Macedonia

accepts that the note, its Annex and this note, in reply, shall constitute an Agreement between

the Government of the Republic of Macedonia and the Government of the United States of

America, which shall enter into force upon an exchange of diplomatic notes by which the

governments inform each other about the fulfillment of their respective legal requirements for

entry into force.

Accept, Excellency, the renewed assurances of my highest consideration.

His Excellency

Colin Powell

Secretary of State of the

United States of America