TREATIES AND OTHER INTERNATIONAL ACTS SERIES 14-108

________________________________________________________________________

CULTURAL PROPERTY

Agreement Between the 

UNITED STATES OF AMERICA

and CHINA

Amending and Extending

Memorandum of Understanding of

January 14, 2009

Effected by Exchange of Notes at

Beijing January 6 and 8, 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.”
 

 CHINA

 Cultural Property

 Agreement amending and extending 

 memorandum of understanding of 

 January 14, 2009.

 Effected by exchange of notes at Beijing

 January 6 and 8, 2014;

 Entered into force January 8, 2014; 

 With effect from January 14, 2014.
No. 0008 

The Embassy of the United States of America presents its compliments to the State 

Administration for Cultural Heritage of the People's Republic ofChina.and has the honor to 

refer to the Memorandum of Understanding Concerning the Imposition of Import Restrictions on 

Categories of Archaeological Material from the Paleolithic Period Through the Tang Dynasty 

and Monumental Sculpture and Wall Art at least 250 Years Old, signed at Washington January 

14, 2009 {hereinafter referred to as "the MOU"). 

The Embassy, on behalf of the Government of the United States of America, has the 

honor to propose that, pursuant to Article IV.l and 2 of the MOU, the MOU be extended for an 

additional five-year period. 

The Embassy has the further honor to propose that, pursuant to Article IV. 2 of the MOU, 

the MOU be amended by replacing Article II with the attached revised Article II. The Embassy 

also has the honor to propose an amendment to Article I of the MOU. The proposed amendment 

to Article I is attached. 

If the foregoing proposals are acceptable to the State Administration, the Embassy 

proposes that this note, including the attached revised Article I and Article II, and the State 

Administration's note in reply, shall constitute an agreement to extend and amend the MOU, 

which shall enter into force on the date of the State Administration's note in reply and shall take 

effect on January 14,2014. 

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

Administration for Cultural Heritage of the People's Republic of China the assurances of its 

highest consideration. 

DIPLOMATIC NOTE 
Attachments: 

As stated. 

Embassy of the United States of America, 

Beijing, January 06, 2014 
Amendment to Article I ot tile 

Memorudum of Understanding (2009) 

Current Article I. 1. The Government of the United States of America. in aecordance 

with its legislation entitled the Convention on Cultural Property Implementation Act, 

shaH restrict the importation into the United States of archaeological material 

originating in China and representing China's cultural heritage from the Paleolithic 

Period through the end of the Tang Dynasty (A.D. 907), and of monumental sculpture 

and wall art at least 250 years old; including categories of metal, ceramic~ stone, 

textiles, other organic material, glass, and painting identified on a list to be 

promulgated by the United States Government (hereinafter known as the '~Designated 

List''), unless the Government of the People's Republic of China issues a license or 

other documentation which certifies that such exportation was not in violation of its 

laws. For the purposes of this Memorandum of Understanding, the restricted 

Paleolithic objects date from approximately 75,000 BC. 

Insert " ... ,as of January 14,2009, the date this MOU entered into force" 

Amended Article I 1. 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 

archaeological material originating in China and representing China's cultural heritage 

from the Paleolithic Period through the end of the Tang Dynasty (A.D. 907), and of 

monumental sculpture and wall art at least 250 years old as of January 14, 2009, the 

date this MOU entered into force; including categories of metal, ceramic, stone, 

textiles, other organic material, glass, and painting identified on a list to be 

promulgated by the United States Government (hereinafter known as the "Designated 

List"), unless the Government of the People's Republic of China issues a license or 

other documentation which certifies that such exportation was not in violation of its 

laws. For the purposes of this Memorandum of Understanding, the restricted 

Paleolithic objects date from approximately 75,000 BC. 
United. States of America -People's Republic of China Memorandum of 

Understanding 

Extension 2014 

Revised Article n 

PubJic Awareness I Outreach 

1. Representatives oftheGovemment ofthe People~s Republic of China and 

representatives of the Government of the United States of America shall regularly 

publicize this Memorandum of Understanding and the reasons for it through available 

outlets of communication. 

2. The Government of the People's Republic of China and the Government of the 

United States of America shall continue to raise public awareness about the long-tenn 

importance of protecting cultural heritage ftom looting and destruction, in the spirit of 

UNESCO 1970 Convention. 

Protection I Conservation 

3. The Government ofthe People's Republic of China shall continue its best efforts to 

inventory collections of moveable cultUral objects, to make use of surface surveys in 

order to inventory archaeological sites, and t.o increase research-based archaeology 

and enhance public awareness of its importance. 

4. The Government of the People's Republic of China shall use its best efforts to train 

and deploy professional security guards and expand the use of security technology, 

with the aim of reducing piUage of cultural property throughout the country, 

especially in remote and high risk areas, and shall enhance awareness among 

government officials and employees of Chinese archeological material and its value to 

China's heritage. 

5. The Government of the People's Republic of China shall use its best efforts to 

promote education in museum studies, archaeology and cultural resource management. 

Both nations will seek to support these efforts through available existing programs 

and other means of cooperation. 

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

facilitate technical assistance to the Government of the People's Republic of Chin~ 

with the aim of preserving its cultural heritage by such means as improving cultural 

resource management, stabilizing and restoring monuments and sites, enhancing 

capacity for risk prevention in heritage sites and museums and enhancing the capacity 

of museums to preserve and exhibit collections of its ancient heritage. 

Collaboration I Interchange 

7. The Government of the United States of America recognizes that the Government 

of the People's Republic of China permits the international interchange of 

archaeological materials for cultural, educational and scientific purposes to enable 

widespread public appreciation of and legal access to China's rich cultural heritage. 

The Government of the Peopte•s Republic of China agrees to use its best efforts to 
further such interchange by: 

(1) continuing to encourage museum loans of archaeological material, including 

recently excavated objects, for research and public display purposes; 

(2) encouraging Chinese museums to carry out joint efforts with American 

counterparts, including but not limited to: finalizing in a timely manner relevant 

contracts and lists of objects loaned and minimizing the logistical difficulties 

accompanying the exhibition; 

(3) facilitating the approval ofloan exhibitions to the United States of America, 

allowing objects in an exhibition to remain outside China for up to two years, 

increasing the number of Grade 1 objects allowed in an exhibition; and considering 

longer-term loans of up to five years of a limited number of objects. 

(4) facilitating the granting of permits to conduct archaeological research in China by 

streamlining and further clarifying the application process. 

8. With respect to Chinese cultural objects that meet the following four conditions: a) 

legally exported as part of a private collection of Chinese heirlooms, b) legally 

transferred among owners, c) purchased and imported by residents of China, and d) 

declared upon import to China and registered with the relevant authorities, the 

Government ofthe People's Republic of China shall seek legislative action that 

permits their re-export. 

Law Enforcement 

9. The Government of the People's Republic of China shall continue measures to 

improve the effectiveness of its customs officers to stop the illicit exportation of 

cultural property at borders and ports. The Government of the United States of 

America shall increase its efforts to improve the ability of its customs officers to 

recognize Chinese archaeological material and, as appropriate, facilitate assistance to 

China for the training of its customs officers. 

10. The Central Government of the People's Republic of China shall increase joint 

efforts with the Hong Kong Special Administrative Region and the Macao Special 

Administrative Region to stop archaeological material looted or stolen from the 

Chinese mainland from being trafficked into and out of these regions. 

11. The Government of the People's Republic of China shall seek to further 

implement regulation of its internal market for antiquities, with the aim of reducing 

unauthorized transactions. 

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

most successful in thwarting pillage, the Government of the People's Republic of 

China shall endeavor to strengthen regional cooperation within Asia for the protection 

of cultural heritage; and, in the effort to deter further pillage in China, shall seek 

increased cooperation from other importing nations to restrict the import oflooted 

archaeological material originating in China. 
Information Sharing 

13.To strengthen the cooperation between the two countries: 

1) the Government of People's Republic ofChina shall provide annually to the 

Government of the United States of America infonnation and statistics about crimes 

of theft, clandestine excavation, trafficking (illicittrade and smuggling) and abuse of 

official power, and, as it becomes available, information about prosecutions and 

convictions pertinent to the MOU; 

2) as it becomes available and appropriate~ the Government ofthe United States of 

America shall share information with the Government of People's Republic of China 

regarding trafficking (illicit trade and smuggling) of Chinese cultural property in order 

to strengthen the ability of both countries to enforce applicable laws and regulations to 

reduce this trafficking. 
cp ~A~.J~jfa ~ ~ *A.*'MJ 

State Administration of Cultural Heritage 

People's Republic of China 

Informal translation 

SACH-2014-001 

Note verbale 

The State Administration of Cultural Heritage of the People's Republic of China 

presents its compliments to the Embassy of the United States of America and has the 

honor to inform your Embassy that your Diplomatic Note No.0008 dated January 6, 

2014 has been received. 

On Behalf of the Government of the People's Republic of China, SACH accepts your 

Embassy's proposal, renewing for five more years the validity of the Memorandum of 

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

Government of the People's Republic of China Concerning The Imposition of Import 

Restrictions on Categories of Archeological Materials From the Paleolithic Period 

Through the Tang Dynasty and Monumental Sculpture and Wall Art At Least 250 

Years Old, and replacing Article 1 and 2 in the original text with the revised version 

attached in the Appendix (please see the Chinese text in the Appendix). 

SACH also has the honor to accept your Embassy's proposal to develop an 

agreement on validity renewal and text revision of the MOU based on the note 

correspondences between us. The new agreement shall come into force on January 

14, 2014 and be put into implementation on the date of reply by SACH. 

SACH avails itself of this opportunity to renew to the Embassy of the United States 

the assurances of its highest consideration. 

January 8, 2014 

Encl.: As mentioned above 

CC: Ministry of Foreign Affairs of the People's Republic of China 
t:p :rf;A~-:J{2.:fa ~ ~ ~A.4toft0 

State Administration of Cultural Heritage 

People's Republic of China 

SACH-2014-001 

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