TREATIES AND OTHER INTERNATIONAL ACTS SERIES 12-925 

________________________________________________________________________ 

CULTURAL PROPERTY 

 Agreement Between the 

UNITED STATES OF AMERICA 

and GUATEMALA 

Amending and Extending 

the Agreement of September 29, 1997, 

As Amended and Extended 

Effected by Exchange of Notes at 

Guatemala City September 13 and 25, 2012 
 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.” 
 GUATEMALA 

 

 Cultural Property 

 Agreement amending and extending the agreement of 

 September 29, 1997, as amended and extended. 

 Effected by exchange of notes at Guatemala City 

 September 13 and 25, 2012; 

 Entered into force September 25, 2012. 
No. 333

The Embassy of the United States of America presentsT its compliments to

the Ministry of Foreign Relations of the Republic of Guatemala and has the honor

to refer to the Memorandum of Understanding Between the Government of the

United States of America and the Government of the Republic of Guatemala.

Concerning the. Imposition of linport Restrictions on Archaeological Objects and

Materials from. the Pre-Columbian Cultures of Guatemala signed at Washington

September 29, 1997, as amended and extended (hereinafter referred to as "the

MOLT").

The Embassy, on behalf of the Government of the United Stges of America,

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

additional five-year period.

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

the MOU be amended as follows:

1) The title of the MOO be amended to read: "Memorandum of Understanding

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

DIPLOMATIC NOTE
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the Republic of Guatemala Concerning the Imposition of Import Restrictions on

Archaeological Material from the Pre-Columbian Cultures and Ecclesiastical

Ethnological Material from the Conquest and Colonial Periods of Guatemala" to

reflect the broader scope of ethnological materials to be protected under the MOU

as hereby amended and extended.

2) The third paragraph of the Preamble to the MOU be amended to read:

"Desiring to reduce the incentive for pillage of irreplaceable archaeological objects

representing the pre-Colombian cultures and ecclesiastical ethnological materials

representing the Conquest and Colonial:periods of Guatemala."

3) Article LA of the MOU be amended to read: "The Government of the United

States of America, in accordance with its legislation entitled the Convention on

Cultural Property Implementation . Act ("the Act"), will restrict the importation into

the United States of certain categories of pre-Columbian archaeological objects

and Conquest and Colonial period ecclesiastical ethnological materials to be listed

on a Designated List as provided by the Act unless the Government of the

Republic of Guatemala issues a certification or other documentation which

certifies that such exportation was not in violation of its laws."
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4) Article II would be replaced with the attached revised Article II.

If the foregoing proposal is acceptable to the Ministry of Foreign Affairs, the

Embassy proposes that this note, including the attached 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 September 29, 2012.

The Embassy of the United States of America avails itself of this

opportunity to renew to the Ministry of Foreign Affairs of the Republic of

Guatemala the assurances of its highest consideration.

Attachment:

As stated.

Embassy of the United States of America,

Guatemala City, September 13, 2012.
Revised Article II

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

Republic of Guatemala shall undertake efforts to publicize this

Memorandum of Understanding and the reasons for it.

B.The Government of the Republic of Guatemala shall continue its progress on

the registration of all known archaeological and ethnological material in the

country, and work to digitize the Registry in the form of a searchable

database.

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 Guatemala, 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.

D. The Government of the Republic of Guatemala shall use its best efforts to

facilitate the exchange of its cultural property under circumstances that: do

not jeopardize its cultural patrimony, such as temporary and long-term loans

to museums and educational institutions for exhibition purposes and

scientific examination.
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E.The Government of the Republic of Guatemala shall use its best efforts to

coordinate intra-governmental efforts in protecting its cultural property,

including by forming an inter-agency commission to combat the looting of

archaeological and ethnological sites and by cooperating with agencies that

monitor drug trafficking.

F.The Govermnent of the Republic of Guatemala shall continue its enforcement of

existing laws protecting cultural property, with an emphasis on prosecution

of crimes• against cultural property, in order to reduce the incentive for

looting of archaeological sites and ethnological material.

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

of the Republic of Guatemala 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.The Government of the Republic of Guatemala shall continue to work with

other countries in the Central America.n region to protect the cultural

patrimony of the region. The Government of the Republic of Guatemala

shall seek further cooperation in protecting its pultural property with other

countries having an import trade in Guatemalan archaeological and

ethnological material.
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I. In advance of the expiration of the five-year period of this Memorandum of

Understanding, the Government of the Republic of Guatemala shall inform

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

Memorandum of Understanding.
U.S. Department of State

Office of Language Services

Translating Division

TRANSLATION

LS No. 0-2013-000334

Spanish/English

BBM/GPG

II-5

File No. 741-97

EOB/gb.

[Protocol Office stamp dated September 28, 2012]

154000896512

[initialed: PAS]

Republic of Guatemala

Ministry of Foreign Relations

Guatemala City, September 25, 2012

Embassy of the United States of America

Guatemala City

The Ministry of Foreign Relations of the Republic of Guatemala presents its

compliments to the Embassy of the United States of America and acknowledges receipt

of its note No. 333 of September 13, 2012, which reads as follows:

[See U.S. Text.]

In reply, the Ministry of Foreign Relations, on behalf of the Republic of

Guatemala, has the honor to inform the Embassy of the United States of America that all

the terms of the above proposal are hereby accepted and that the Embassy's note and this

note, including the attached revised Article II, shall constitute an agreement between our

two governments to amend and extend the Memorandum of Understanding, which shall

enter into force on September 29, 2012.

[Complimentary close.]

[Initialed]

[Ministry stamp]

NOTE: It is noted that this agreement enters into force on September 25, 2012 and shall 

 take effect on September 29, 2012.