TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13044 

________________________________________________________________________ 

CULTURAL PROPERTY 

 Agreement Between the 

UNITED STATES OF AMERICA 

and NICARAGUA 

Signed at Managua June 16, 1999 

and 

Extending and Amending Agreement 

Effected by Exchange of Notes 

Dated at Managua October 6 and 18, 2005 

with 

Attachment 
 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.” 
 NICARAGUA 

 Cultural Property 

Agreement signed at Managua June 16, 1999; 

Entered into force October 20, 2000. 

And extending and amending agreement. 

Effected by exchange of notes 

Dated at Managua October 6 and 18, 2005; 

Entered into force October 18, 2005; 

Effective October 20, 2005. 

With attachment. 
AGREEMENT BETWEEN

THE GOVERNMENT OF THE UNITED STATES OF AMERICA

AND

THE GOVERNMENT OF THE REPUBLIC OF NICARAGUA

CONCERNING

THE IMPOSITION OF IMPORT RESTRICTIONS ON

ARCHAEOLOGICAL MATERIAL FROM

THE PRE-HISPANIC CULTURES OF THE REPUBLIC OF NICARAGUA

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

Nicaragua;

Acting pursuant to the 1970 UNESCO Convention on the Means of Prohibiting

and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural

Property, to which both countries are States Party; and

Desiring to reduce the incentive for pillage of certain categories of irreplaceable

archaeological material representing the pre-Hispanic cultures of Nicaragua;

Have reached the following agreement:
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ARTICLE I

A. The Government of the United States of America, in accordance with its legislation

entitled the Convention on Cultural Property Implementation Act, will restrict the

importation into the United States of archaeological material identified on a list to be

promulgated by the U.S. Government (hereafter "Designated List"), based on the request

presented by the Nicaraguan Institute of Culture, unless the Government of the Republic

of Nicaragua issues a certification or other documentation which certifies that such

exportation is for an exposition or scientific study, of a temporary nature, and not in

violation of its laws.

B. The Government of the United States of America shall offer for return to the

Government of the Republic of Nicaragua any material on the Designated List forfeited to

the Government of the United States of America.

C. Such import restrictions will become effective on the date the Designated List is

published in the U.S. Federal Register, the official United States Government publication

providing fair public notice.

ARTICLE II

A. The Government of the Republic of Nicaragua will use its best efforts to permit the

exchange of its archaeological materials according to the procedures established by the

National Legislature and under circumstances in which such exchange does not

jeopardize its cultural patrimony.
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B. Representatives of the Government of the United States of America will participate in

joint efforts with representatives of the Government of the Republic of Nicaragua to

publicize this Agreement.

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

technical assistance to Nicaragua in cultural resource management and security of

archaeological materials, under existing programs in the public and/or private sectors in

the United States.

D. Both Governments will seek to encourage academic institutions, non-governmental

institutions, and other private organizations to cooperate in the interchange of knowledge

and information about the cultural patrimony of Nicaragua, and to collaborate in the

preservation and protection of such cultural patrimony through appropriate technical

assistance, training, and resources.

E. The Government of the Republic of Nicaragua will seek to develop professional

training programs for archaeological and museum staff and public institution

administrators responsible for cultural patrimony.

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

successful in thwarting pillage, the Government of the Republic of Nicaragua will

endeavor to strengthen cooperation within Central America, and especially with

neighboring states, for the protection of the cultural patrimony of the region, recognizing

that political boundaries and cultural boundaries do not coincide. The Government of

the Republic of Nicaragua agrees that at the end of three years from the effective date of

this Agreement, it will inform the Government of the United States of America of steps it

has taken toward achieving regional import restriction agreements.
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ARTICLE III

The obligations of both Governments and the activities carried out under this Agreement

shall be conducted in accordance with the applicable laws and regulations of each

country, including the availability of funds.

ARTICLE IV

A. This Agreement shall enter into force on the date on which the Governments shall

have notified each other by diplomatic note that each has completed all the internal

requirements for its entry into force. It shall remain in force for a period not to exceed

five years, unless extended by mutual agreement.

B. This Agreement may be amended through an exchange of diplomatic notes.

C. The effectiveness of this Agreement shall be subject to continuous review by both

Governments.

D. Either Government may give written notice to the other of its decision to terminate

this Agreement, in which case the Agreement shall terminate six (6) months following the

date of such notice. Such termination shall not adversely affect ongoing programs.
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IN WITNESS WHEREOF, the undersigned, being duly authorized by their

respective Governments, have signed the present Agreement.

DONE at Managua, in duplicate, this sixteenth 	day of June, 1999, in the

English and Spanish languages, both texts being equally authentic.

FOR THE GOVERNMENT OF THE FOR THE GOVERNMENT OF THE

UNITED STATES OF AMERICA:	REPUBLIC OF NICARAGUA:
No. 191

The Embassy of the United States of America presents its

compliments to the Ministry of Foreign Relations of the

Republic of Nicaragua and refers to the Agreement between the

Government of the United States of America and the Government

of the Republic of Nicaragua concerning the imposition of

import restrictions on archaeological material from the preHispanic cultures of the Republic of Nicaragua done at Managua

June 16, 1999 (hereinafter referred to as "the Agreement") and

entered into force on October 20, 2000 (date of publication in

the Federal Register, the official United States Government

publication providing fair public notice) upon an exchange of

Diplomatic Notes.

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

of America, proposes that, pursuant to Article IV A of the

Agreement, the Agreement be extended for an additional fiveyear period.

The Embassy further proposes that, pursuant to Article IV B of

the Agreement, the Agreement be amended by replacing Article

II with the attached Article II.

If the foregoing proposals are acceptable to the Ministry of

Foreign Relations of the Government of the Republic of

Nicaragua, the Embassy proposes that this note, including the

attached Article II, and the Government of the Republic of

Nicaragua's note in reply, shall constitute an agreement to

extend and amend the Agreement, which shall enter into force

on the date of your note in reply and shall be effective

October 20, 2005.

The Embassy of the United States of America avails itself of

this opportunity to renew to the Ministry of Foreign Relations

the assurances of its highest consideration.

Attachment: Article II as stated.

Embassy of the United States of America,

Managua, October 6, 2005.

DIPLOMATIC NOTE
(AGREEMENT BETWEEN

THE GOVERNMENT OF THE UNITED STATES OF AMERICA

AND

THE GOVERNMENT OF THE REPUBLIC OF NICARAGUA

CONCERNING

THE IMPOSITION OF IMPORT RESTRICTIONS ON

ARCHAEOLOGICAL MATERIAL FROM

THE PRE-HISPANIC CULTURES OF THE REPUBLIC OF NICARAGUA)

ARTICLE II

A. The Government of the Republic of Nicaragua will use its best efforts to permit the

exchange of its archaeological materials according to the procedures established by the

National Legislature and under circumstances in which such exchange does not jeopardize

its cultural patrimony.

B. Representatives of the Government of the United States of America will participate in

joint efforts with representatives of the Government of the Republic of Ncaragua to i

publicize this Agreement.

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

technical assistance to Nicaragua in cultural resource management and security of

archaeological materials, under existing programs in the public and/or private sectors in

the United States.
D. Both Governments will seek to encourage academic institutions, non-governmental

institutions, and other private organizations to cooperate In the interchange of knowledge

and information about the cultural patrimony of Nicaragua, and to collaborate in the

preservation and protection of such cultural patrimony through appropriate technical

assistance, training, snd resources.

E. The Government of the Republic of Nicaragua will seek to develop professionsl

training programs for archaeological and museum staff and public institution

administrators responsible for cultural patrimony, and the Government of the United

States of America shall provide information on request regarding sources of assistance and

expertise available through existing programs.

F. While enforcing the existing laws, the Nicaraguan authorities shall endeavor to

undertake a comprehensive review of the laws governing the discovery, use, transfer, and

protection of archaeological resources and materials, and clarify and strengthen them

where necesssry. As a priority measure, the Government of Nicaragua shall review,

revise, and institute sentencing guidelines and penalties, to ensure that crimes against the

cultural heritage are investigated, prosecuted, and adjudicated consistently and

predictably.

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

successful in thwarting pillage, the Government of the Republic of Nicaragua will intensify

 its efforts to prevent the illegal sale and export of archaeological objects, especially at

ports of transit and shipment; and endeavor to strengthen cooperation within Central

America, and especially with neighboring states, for the protection of the cultural

patrimony of the region.

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H. The Government of the Republic of Nicaragua agrees that it will inform the

Government of the United States of America annually of steps it has taken toward meeting

the terms of this Agreement.

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