Agreement
between the Government of the Republic of Uzbekistan and the Government of the Peopleʼs Republic of China
On preventing the theft, clandestine excavation and illicit import and export of cultural property
The Government of the Republic of Uzbekistan and the Government of the Peopleʼs Republic of China (hereinafter referred to as the Parties),
in application of the November 14, 1970 Convention on the Means of Prohibiting and Preventing Illicit Import, Export and Transfer of Ownership of Cultural Property,
believing that furthering bilateral cooperation in the field of the protection of cultural property serves as an important means to forging closer bilateral relations and as an effective approach to fulfilling the mission of protecting cultural heritage of mankind, and
in consideration that the theft, clandestine excavation and illicit import and export of cultural property have posed serious threats on cultural heritage of mankind.
in the belief that cooperation between both countries may constitute an important contribution in the prevention of the theft, clandestine excavation and illicit import and export of cultural property,
have agreed as follows:
Article 1
1.1. The Parties agree to take the necessary measures concerning the combat of theft, clandestine excavation and illicit import and export of cultural property in accordance with the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (14 November 1970).
1.2. The classification of Chinese cultural property as being the result of theft, clandestine excavation and illicit import and export shall take place according to the laws of China.
The classification of Uzbek cultural property as being the result of theft, clandestine excavation and illicit import and export shall take place according to the laws of Uzbekistan. The appendixes which form an integral part of this Agreement correspond to the cultural property defined for each country.
1.3. When conflicts arise between provisions of the laws of the two countries concerning cultural property and theft, clandestine excavation and illicit import and export thereof and such conflicts concern implementation of this Agreement, relevant competent authorities of the States of the Parties shall solve them through consultation.
Article 2
The Parties shall designate respectively the National Cultural Heritage Administration of China and Cultural Heritage Agency of the Republic of Uzbekistan to be responsible for the effective implementation of this Agreement.
To this respect competent authorities of the States of Parties will establish a close and continuous cooperation.
Article 3
3.1. For the purposes of this Agreement, the Parties shall exchange information, which shall include:
A. Laws and regulations on the protection of cultural property, especially on the prevention of theft, clandestine excavation and illicit import and export of cultural property, as well as relevant policies and measures worked out by administration authorities;
B. Databases of cultural property which is prohibited from being exported and which is designated on the basis of the same rules and standards;
C. Information on cultural property export certificates;
D. Information on cultural property protection and preservation organisations;
E. Information on underground and underwater artefacts as well as on archaeological discoveries;
F. Basic procedures relating to the transaction of cultural property.
3.2. The above information must be regularly updated.
3.3. If the transmitted information includes information that is protected in accordance with the laws of the States of the Parties or has details indicating the degree of its classification, the procedure for its exchange is regulated by the Agreement between the Government of the Republic of Uzbekistan and the Government of the Peopleʼs Republic of China on mutual protection of classified information (Xian, May 18, 2023).
Article 4
The Parties shall strengthen exchanges and training of personnel in the field of the prevention of the theft, clandestine excavation and illicit import and export of cultural property, in particular in the fields of the safety administration of cultural property, administration of cultural property markets, administration of the import and export of cultural property, law-making, data collection and coordination in international affairs.
Article 5
For the purposes of this Agreement, the Parties shall enhance coordination and provide assistance in further improving the license system of export permitted cultural property, cultural property registration system, information release system on stolen cultural property and supervision system on the import of cultural property.
Article 6
The Parties shall solve, through consultation, problems concerning expenses occurring during the implementation of this Agreement and reasonable compensation for returning cultural property acquired through the theft, clandestine excavation or illicit import and export.
Article7
7.1. The Parties shall conduct thorough consultation and coordinate each otherʼs positions on multilateral affairs concerning the prevention of the theft, clandestine excavation and illicit import and export of cultural property.
7.2. The Parties shall strengthen collaboration in further enhancing awareness of the general public, museums and other cultural organizations on threats brought about by the theft, clandestine excavation and illicit import and export of cultural property in the international community and increase cooperation with organizations implementing relevant international conventions of UNESCO when coordinating cultural relations with the third country.
7.3. The Parties shall provide each other with information on illegal cultural property appearing in the international cultural property market which concerns the Parties and share information related to evaluating, registering, retrieving and returning lost cultural property of the Parties when conducting relevant investigations.
7.4. The Parties will mutually take all the necessary measures for the prevention and prohibition of illegal import and transfer of ownership of cultural property of the other Party as well as measures for the return of the cultural property that has been illegally exported and held in the territory of the State of the other Party.
Article 8
The Parties shall establish a consultation mechanism which will work on a regular basis to solve problems arising from the implementation of this Agreement and work out plans for further cooperation.
Article 9
This Agreement does not affect the rights and obligations arising from other international agreements to which the States of the Parties are parties.
By mutual consent of the Parties, amendments and additions may be made to this Agreement which are considered to be its integral parts and drawn up in separate protocols.
Article 10
This Agreement shall enter into force on the date of receipt of the last written notification through diplomatic channels on the fulfilment by the Parties of the internal procedures necessary for its entry into force.
This Agreement is concluded for a period of five years and shall be renewed automatically for a further period of five years, unless either Party gives a notice to the other in writing of its intention to terminate it at least six (6) months prior to the date of expiration.
Done at Beijing, on January 24, 2024, in duplicate in the Uzbek, Chinese and English languages, all texts being equally authentic.
In case of any divergence of the interpretation of the Agreement, the English text shall prevail.
(signatures)
APPENDIX I
Categories of Chinese Cultural Property
I. Stoneware:
A. Tools/utensils made of sandstone, basalt, limestone, gravel, flint stone and other types of stones mainly include all kinds of scraper, chopper, sharp-shaped tool, axe, adze, shovel, chisel, plow, falchion, hoe, sickles, millstone, frotton, spinning wheel, net sinker, steinkern, slate, stone ball and others utensils, as well as Bi (jade with hole in center), mortar, jar, bowl, pot, inkstone, chime stone, utensil mould, furniture and others utensils and wares, which were approximately produced in the period between 2 million years ago and AD 1949.
B. Weapons made of basalt, gravel, flint and other types of stones mainly include all kinds of arrowhead, tomahawk, dagger-axe, sword, pellet, spearhead and others, which were approximately produced in the period between 50 thousand years ago and 800 BC.
C. Sculptures/statues/ornaments or decorations made of sandstone, basalt, limestone and other types of stones mainly include all kinds of stone tablet, watchtower, ornamental column, sutra stele, petroglyph sculpture, statue, inscription, imitated statue, balustrade, seal, “Guan” and “Guo”(inner and outer coffins), epitaph, stone relief, ornamental stone, building component and others, which were approximately produced in the period between 8000 BC and AD 1949.
II. Jade ware:
A. Ritual vessels made of tremolite, actinolite, serpentine and other types of jade materials used for sacrifices, rituals and other activities. They mainly include all kinds of Bi (jade with hole in center), Cong (rectangular jade with round hole), Gui (jade tablet), Zhang (short jade tablet), Huang (semi-annular jade pendant), Hu (tiger-shape jade), axe, shovel, battle-axe, royal seal, tomahawk, dagger-axe, knife, book and others, which were approximately produced in the period between 6000 BC and AD 1911.
B. Funeral articles made of tremolite, actinolite, serpentine and other types of jade materials buried with the deceased. They mainly include all kinds of cladding, clothing, pillow, Han (jade kept in the mouth of the deceased), Wo (jade grasped in the hand of the deceased), Sai (jade plugs put in the 9 holes of the deceased), epitaph and others, which were approximately produced in the period between 6000 BC and AD 1949.
C. Ornaments made of tremolite, actinolite, agate, crystal, amber, coral and other types of jade and gem materials used for adornment, decorations and so on. They mainly include all kinds of amulet, adorning hairpin, titivating hairpin, bracelet, collar, thumb ring, pendant, tube, bead, comb, brand, sword decoration, belt ornament, belt hook, ring, figure ornament, animal ornament, flower-and-bird ornament and others, which were approximately produced in the period between 6000 BC and AD 1949.
D. Utility articles/furnishings made of tremolite, actinolite, serpentine, agate, crystal and other types of jade materials used for daily life and furnishings. They mainly include all kinds of cup, plate, box, pot, bowl, bottle, stove, fumigate, snuff bottle, stationery, seal, coin, tally, flower receptacle, decorative furniture, pebble, screen and others, which were approximately produced in the period between 1600 BC and AD 1949.
III. Ceramics/Tiles
A. Utensils/implements made of ceramic, glass and enamel, including ceramic utensils, such as those made of gray pottery, terracotta, painted pottery, black pottery, brown pottery, white pottery, glazed pottery, violet sand earthenware and others; as well as porcelain utensils, such as those made of protoporcelain, celadon, ceramic whiteware, painted porcelain, blue-and-white porcelain, color glazed vitreous enamel and others. They mainly include all kinds of jar, pot, bowl, plate, Yu (broad-mouthed receptacle for holding liquid), bottle, cup, earthen bowl, basin, vat, urn, Zun (wine utensil), Ding(cooking vessel), Li (large earthen pot), Jue (wine utensil with three legs), Dou (utensil for containing foods), Gui (pitcher with three hollow legs), oven, kettle, pillow, lamp, stove, fumigate, drum, table, snuff bottle, chess, spinning wheel, stationery, lute, holder, pottery mold, kiln furniture, pellet and others, which were approximately produced in the period between 8000 BC and AD 1949.
B. Carving/sculptures models made of pottery, porcelain and mud, mainly include all models of god, figure, animal, plant, house, courtyard, furniture, storehouse and kitchen, field, vehicle, boat and others, which were approximately produced in the period between 6000 BC and AD 1949.
C. Architecture components made of ceramic, brick and glass mainly include all kinds of flat tile, pantile, eave tile, animal-shaped ridge, textured brick, hollow brick, molded-brick relief, brick carving, die plate and others, which were approximately produced in the period between 2100 BC and AD 1949.
IV. Painting and Calligraphy / Books and Documents / Other Products Made of Paper
A. Calligraphy includes scripts handwritten, engraved or printed on diverse material carriers with regular script, running script, cursive script, official script and seal script in the forms of scroll, album, fan, couplet, screen and so on. They mainly include all kinds of model calligraphy, rubbing from stone inscription, book of rubbing and others, which were approximately produced in the period between 1600 BC and AD 1949.
B. Paintings include all images of landscape, flower-bird painting, figure painting and other forms of painting drawn, engraved or printed on diverse material carriers. They mainly include all kinds of rock painting, silk painting, mural, ink painting, color painting, engraving as well as oil painting, watercolor, gouache, drawing, sketch and others, which were approximately produced in the period between 6000 BC and AD 1949.
C. Books and documents include every kind of ancient book, file and other literature carved, written or printed on any kind of tortoise shell, animal bone, bamboo, silk, paper and other material carriers in Chinese ethnic languages. They mainly include all kinds of oracle bone, covenant, bamboo slip, silk manuscript, book, amanuensis, scripture, local chronicle, file, contract, map, design, chart, genealogy, letter, manuscript, miscellaneous draft, miscellaneous copy, correspondence, document, telegram, inscription, newspaper and periodical, teaching materials, flyer, certificate and license, publicity material, diary, note and all kinds of engraving, which were approximately produced in the period between 3500 BC and AD 1949.
D. Papers include every kind of paper made from plant fiber and other similar materials, which were approximately produced in the period between 200 BC and AD 1949.
E. Banknotes made of papers mainly include all kinds of paper currencies that pronounced in Chinese as Jiaozi, Qianyin, Huizi, Baochao, Qianpiao, Yinpiao, Chaopiao and others, which were approximately produced in the period between AD 900 and AD 1949.
F. Stamps/postage products, printed and issued by the postal administration for the posting and delivery of mails, mainly include all kinds of stamp, stamped envelope, postcard, letter sheet, countermark, printing plate and others, which were approximately produced in the period between AD 1878 and AD 1949.
V. Bronze:
A. Ritual utensils made of pure copper, tin-lead alloy and other similar alloys, used for sacrifices, ceremonies, etc. They mainly include all kinds of eating utensils, such as Ding(cooking vessel), Gui (round basket for containing cooked foods), Li (large earthen pot), Yan (cooking utensil), Dou (utensil for containing foods), Xu (utensil for containing cooked foods), Fu (square grain receptacle) and Dun (millet receptacle); all kinds of drinking utensils, such as Gu (goblet), Jue (wine utensil with three legs), Jia (round-mouthed and three-legged wine cup), Jue (utensil for warming wine), Gong (wine utensil made of horn), Zhi (drinking utensil), Zun (wine utensil), You (wine utensil with diverse shapes), pot, He (drinking utensil with three or four legs) and Yi (wine utensil); all kinds of water containers, such as tray, washbasin, Jian (basin) and Fou (earthware for sucking water); and all kinds of musical instruments, such as chime, cymbals, bell, drums, Chunyu (bronze musical instrument). They were approximately produced in the period between 2100 BC and AD 1911.
B. Weapons made of pure copper, tin-lead alloy and other similar alloys mainly include all kinds of dagger-axe, falchion, sword, spear, halberd, arrowhead, cannon, dagger, crossbow, corslet and others, which were approximately produced in the period between 3000 BC and AD 1911.
C. Farm implements/tools made of pure copper, tin-lead alloy and other similar alloys mainly include all kinds of shovel, adze, chisel, hoe, Bo (similar to hoe), wimble, hook and others, which were approximately produced in the period between 3000 BC and AD 1911.
D. Daily utensils made of pure copper, tin-lead alloy and other similar alloys mainly include all kinds of lamp, mirror, stove, oven, bottle, pot, paperweight, stationary, belt hook, iron, holder, flower receptacle, decorative furniture, harness implement, weights and measuring instruments (ruler, measurement, balance, weight, litre, bucket), architecture component and others, which were approximately produced in the period between 3000 BC and AD 1949.
E. Sculptures/statues made of pure copper, tin-lead alloy and other similar alloys mainly include all sculptures/statues of god, figure, animal, plant and others, which were approximately produced in the period between 2100 BC and AD 1949.
F. Coins made of pure copper, tin-lead alloy and other similar alloys mainly include all kinds of cowrie coin, shovel-shaped coin, knife-shaped coin, circular coin, ant nose money (or grimace coin), weighted coin, Tongbao coin, Yuanbao coin, Guohao coin (coin with the title of a country), Nianhao coin (coin with the title of reign), Yasheng coin (coin for blessing), Qianpai (money plate), coin mold, banknote printing plate and others, which were approximately produced in the period between 1600 BC and AD 1949.
G. Tallies/imperial seals made of pure copper, tin-lead alloy and other similar alloys mainly include all kinds of tiger-shaped tally, fish-shaped tally, turtle shell tally, plaque, tally, coupon, imperial seal, seal, badge and others, which were approximately produced in the period between 1600 BC and AD 1949.
VI. Other Metals:
A. Tools/utensils made of gold, silver, copper, iron, tin, lead and other similar alloys mainly include all kinds of tools and utensils, such as hoe, axe, shovel, plow, sickle, harrow, saw, hammer, wimble, needle, nail, hook and so on, as well as all kinds of utensils/implements, such as pot, bowl, cup, plate, basin, box, bottle, kettle, spoon, plaque, board, stick, bell, lamp, tower, fumigate, lock, spinning wheel, seal, animal head appliqué, stationary, horologe, Ruyi-sceptre, snuff bottle, toy, carriage, harness, flower receptacle, decorative furniture, astronomical almanac device, weights and measures instrument, harness implement, enamel product, production tools, industrial equipment, instrumentation, audio & video products and other implement and utensil, which were approximately produced in the period between 800 BC and AD 1949.
B. Weapons made of gold, silver, iron and other similar alloys mainly include all kinds of ancient weapons such as sword, falchion, spear, halberd, arrowhead, cannon, mine, crossbow, corslet as well as all kinds of modern weapons, such as gun, bomb, tank, warship, aircraft, explosive and other contemporary and modern weapons, which were approximately produced in the period between 800 BC and AD 1949.
C. Ornaments and decorations made of gold, silver and other similar alloys include all kinds of crown ornament, headwear, mask, plastron, hand ornament, wrist ornament, belt ornament, clothing accessories, sword ornament, plaque ornament, harness ornament and others, which were approximately produced in the period between 800 BC and AD 1949.
D. Sculptures/statues made of gold, silver, iron, tin, aluminum and other alloys mainly include all sculptures/statues of god, figure, animal, plant and others, which were approximately produced in the period between 800 BC and AD 1949.
E. Coin made of gold, silver, copper, iron, tin, lead, nickel and other similar metals or alloys mainly include all kinds of gold plate, gold cake, gold coin, gold ingot, gold bullion, silver cloth, silver bullion, silver ingot, silver cake, silver coin, silver horseshoe, iron weighted coin, iron Tongbao coin, machine-made alloy coin, commemorative coin, as well as stereotype, banknote printing plate and others, which were approximately produced in the period between 800 BC and AD 1949.
F. Tallies/seals made of gold, silver, iron, tin, lead, aluminum and other similar metals include all kinds of plaque, tally, coupon, royal seal, seal, badge and others, which were approximately produced in the period between 1600 BC and AD 1949.
VII. Bamboo and Wood Products:
A. Sculptures/statues made of bamboo, wood, rattan, kernel, calabash, sumac and other similar materials mainly include all sculptures/statues of god, figure, animal, Ruyi-sceptre, seal, stationery (pen, pen holder, armrest, paperweight, brush washer), engraving and others, which were approximately produced in the period between 5000 BC and AD 1949.
B. Furniture made of Huanghuali wood, padauk, wenge, nanmu wood(Persian Cedar), ebony, mahogany, lignumvitae, camphor wood, elm, beech and other similar timbers, mainly include all kinds of table, chair, stool, buttress, bed, couch, chest, cabinet, table, teapoy, box, closet, clothes rack, screen and their components, which were approximately produced in the period between BC 1600 and AD 1949.
C. Utensils/implements made of bamboo, wood, calabash, sumac and other similar materials mainly include all kinds of bowl, jar, box, bottle, plate, pot, Dou (utensil for containing foods), cup, Zun (wine goblet), abatis, basket, mirrored dressing case, fan, comb, fine-toothed comb, lamp, lyre, flute, vertical bamboo flute, pipe, Se (25-stringed horizontal harp), drum, bow, sheath, shield, corslet, pillow, carriage, boat, sedan, stationery, seal, chessboard, chessman, toy, puppet, mask, smoking set, tally, holder, “Guan” and “Guo”(inner and outer coffins) and others, which were approximately produced in the period between 5000 BC and AD 1949.
D. Architecture Components and architecture models made of bamboo, wood, sumac and other similar materials mainly include all kinds of door, window, roof beam, column, plate, rafter, cornice, sparrow brace, ceiling, railing and various architecture components and models, which were approximately produced in the period between 1600 BC and AD 1949.
VIII. Leather, Cloth and Various Kinds of Organic Substances:
A. Costumes and arts and crafts made of leather, wool, silk, cotton, linen and other plant fibers mainly include all kinds of shoe, hat, clothing, ornament, blanket, flag, mask, Tangka (Tibetan art of scroll painting) and other accessories, which were approximately produced in the period between 5000 BC and AD 1966.
B. Utensils/implements plaited and sewn of plant fibers, leather and other similar materials mainly include all kinds of bowl, cup, box, bag, barrel(bucket), shadow puppet, toy, carriage, harness, tackle and others, which were approximately produced in the period between BC 1600 and AD 1949.
C. Weapons and accessories made of leather and other similar materials mainly include all kinds of shield, protective tool and others, which were approximately produced in the period between 1600 BC and AD 1949.
D. Glassware/glassware made of silicon, lead, barium and other similar materials mainly include all kinds of pipe, bead, clasp, pendant, ring, brand, band plate, baldric, chessman, smoking set and others, which were approximately produced in the period between 1100 BC and AD 1949.
IX. Bone, Tooth and Horn Products:
Products made of animal bone, ivory, ox horn, rhinoceros horn, antler, hawksbill, clams and other similar materials mainly including all kinds of needle, tube, ring, flute, whistle, knife, wimble, Si (shovel-shaped farm tool), sickle, dagger, bladder, arrowhead, hair clasp, box, cup, seal, stationery (pen, armrest, paperweight and so on), brand, coin, ornament, decorative furniture, screen and others, which were approximately produced in the period between 500 thousand years ago and AD 1949.
In addition to the cultural relics aforesaid, the following Chinese cultural relics are not subject to the lower limit age confined in the agreement due to legal or professional reasons:
I. Chinese cultural relics stolen, clandestinely excavated, illicitly sold and smuggled out of the border of the Peopleʼs Republic of China.
II. All kinds of immovable cultural heritage sites and monuments and their integral components such as mural painting, carving, sculpture, etc.
APPENDIX II
Categories of Uzbek Cultural Property
A. objects related to historical events in the life of peoples, the development of society and the state, the history of Science and technology, as well as the life and activities of outstanding persons (state, political, public figures, thinkers, figures of science, literature, art);
B. different types of weapons of historical, artistic, scientific and other cultural value;
C. artistic riches with precious metals and precious stones in their composition;
D. artifacts and their fragments, soil samples, archaeological, geological and other samples obtained as a result of archaeological excavations or archaeological discoveries and finds;
E. completely handmade paintings and pictures on any basis and from any materials;
F. works made from any materials and sculptural works, including embossed paintings;
G. original artistic compositions and installations made from any materials;
H. artfully decorated objects for the purpose of worship;
I. ethnographic objects;
J. carved patterns, stamps, lithographs, xylographs, other types of graphics and their original print forms;
K. works of Applied-decorative art (art objects made of glass, clay, wood, metal, bone, fabric and other materials);
L. traditional folk-art crafts items;
M. components and fragments of monuments of architecture, history, artistic monuments and monumental art;
N. ancient books separately or in the collection, as well as printed works of historical, scientific and artistic, literary significance;
O. rare manuscripts and documentary monuments, archival documents;
P. audiovisual works, phonograms and photo materials;
Q. musical instruments;
R. Philately, numismatics, faleristics, bonistics, sphragistics objects and other collections;
S. coins, orders, medals, seals, postcards (envelopes) and other collectibles;
T. rare collections and flora and fauna specimens, objects of importance for such branches of science as mineralogy, paleontology, Anatomy;
U. household and scientific equipment of household and cultural significance, tools (coat, barometer, scales, binoculars, photos, film machines, sewing machines, etc.);
V. other movable objects, including copies of historical, scientific-artistic or other cultural significance, as well as those protected by the state as historical and cultural monuments.
The above cultural assets created fifty years ago and even earlier will not be removed from the Republic of Uzbekistan.