Blue Shield United Kingdom
  • Home
  • About Us
    • Who we are
    • Activities
    • Governance and Structure
    • Working Groups >
      • Climate Change
      • Conflict & Military Activity
      • Emergency Planning & Response
      • Illicit Trafficking
      • Intangible Cultural Heritage
      • Underwater Heritage
    • History
    • Ethical Principles and Approach
    • Partners
  • Why We Do It
    • The Importance of Cultural Heritage
    • Why the Blue Shield is needed
    • Threats to Heritage >
      • "Natural" Disasters
      • Lack of Planning
      • Enforced Neglect
      • Development
      • Deliberate Reuse of Sites
      • Looting and Pillage
      • Lack of Awareness
      • Collateral and Accidental Damage
      • Specific (or Deliberate) Targeting and Damage
    • Blue Shield and the Armed Forces
  • News
  • Resources
    • Law Library >
      • The 1954 Hague Convention
      • MORE COMING SOON
    • Codes of Conduct: Antiquities Trading and Museums
    • Countering Object Trafficking: Tools
    • Document Library
    • Relevant Heritage Organisations
  • Events
    • Conflict Webinar Series
    • BS UK Symposium 2025
  • Contact Us and Get Involved
    • Membership and Volunteering
    • Contact Us

11/5/2018

UK Blue Shield position paper on 1954 Hague Convention s.17 Offence Guidance

Read Now
 
In April 2018, UK Blue Shield released its second Position Paper on the Implementation Guidance for the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict and both Protocols (HC54), created by the UK Government. The second paper specifically focuses on the new s.17 offence created in the legislation – Dealing in unlawfully exported cultural property.

Download the UK Blue Shield Position Paper – UK Implementation of the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict: S. 17 Offence Dealing in Unlawfully Exported Cultural Property
UK Blue Shield Position Paper S.17 Offence_04_2018.pdf
File Size: 1239 kb
File Type: pdf
Download File


In December 2017, the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict and its First and Second Protocols (1954/1999) (hereafter the “Convention”, “First Protocol”, and “Second Protocol” respectively”) entered into force in the UK, together with the Cultural Property (Armed Conflict) Act 2017 (“CPAC Act”). The CPAC Act includes a criminal offence pursuant to Article 15 of the First Protocol which creates the offence of Dealing in Unlawfully Exported Cultural Property. (“s.17 Offence”). In November 2017 the Department of Culture Media and Sport released Guidance for art dealers and those in the art market in respect of the CPAC Act, and specific guidance in respect of the s.17 Offence (“s.17 Guidance”).

UK Blue Shield welcomes the implementation of the Convention and its Protocols as an important step in the UK’s fight to protect cultural heritage during armed conflict. We also welcome the UK’s implementation of a right to seize unlawfully exported cultural property, as set out in s.19 of the CPAC Act, which we hope may contribute to the repatriation of cultural property to territories that have suffered the loss of their cultural heritage as a result of conflict.

However, as the s.17 Guidance is addressed largely to those in the art market, which typically includes collectors, art dealers, auction houses and shipping agents, the majority of whom do not have a legal background, we are concerned that the s.17 Guidance lacks necessary detail and clarity in some fundamental areas which are vital to the spirit of the Convention and its Protocols.

As a conviction under s.17 of the CPAC Act may attract a custodial sentence of up to 7 years, we urge the UK Government to address the concerns set out herein to provide greater clarity to those involved in the art market as to their obligations and to highlight how these obligations have changed as a result of the introduction of the s.17 Offence.

We hope that the s.17 Offence acts as a deterrent and encourages all those involved in the art market to exercise due diligence when dealing in cultural property, thus ensuring that the UK fulfils its obligations under the Convention to respect cultural heritage and to combat the illicit trafficking of cultural property unlawfully exported during conflict.

Read our first position paper – Implementation Guidance for the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict and both Protocols (HC54): Position Paper.

Share


Comments are closed.
Details

    Categories

    All
    1954 Hague Convention
    Blue Shield International
    Conference And Events
    Cultural Property Protection
    EU Regulation On The Import Of Cultural Goods (EU 2019/880)
    Illicit Trafficking
    Iran
    Lebanon
    News
    Overseas Territories
    Policy
    Statement
    Training
    Video

    Archives

    October 2024
    November 2021
    September 2021
    May 2021
    February 2021
    May 2020
    February 2020
    January 2020
    October 2019
    June 2018
    May 2018
    September 2017
    March 2017
    May 2016
    April 2016
    March 2016
    February 2016
    November 2015
    July 2015
    June 2015
    May 2015
    December 2013

Copyright © UK Blue Shield All righs reserved
Proudly powered by
Weebly
  • Home
  • About Us
    • Who we are
    • Activities
    • Governance and Structure
    • Working Groups >
      • Climate Change
      • Conflict & Military Activity
      • Emergency Planning & Response
      • Illicit Trafficking
      • Intangible Cultural Heritage
      • Underwater Heritage
    • History
    • Ethical Principles and Approach
    • Partners
  • Why We Do It
    • The Importance of Cultural Heritage
    • Why the Blue Shield is needed
    • Threats to Heritage >
      • "Natural" Disasters
      • Lack of Planning
      • Enforced Neglect
      • Development
      • Deliberate Reuse of Sites
      • Looting and Pillage
      • Lack of Awareness
      • Collateral and Accidental Damage
      • Specific (or Deliberate) Targeting and Damage
    • Blue Shield and the Armed Forces
  • News
  • Resources
    • Law Library >
      • The 1954 Hague Convention
      • MORE COMING SOON
    • Codes of Conduct: Antiquities Trading and Museums
    • Countering Object Trafficking: Tools
    • Document Library
    • Relevant Heritage Organisations
  • Events
    • Conflict Webinar Series
    • BS UK Symposium 2025
  • Contact Us and Get Involved
    • Membership and Volunteering
    • Contact Us