GREECE - Handbook on the Law of Cultural Heritage and International Trade

Παρά το ότι το κείμενο που αναρτώ αφορά στα πολιτιστικά αγαθά της Ελλάδας, οι φωτογραφίες είναι από άλλες χώρες, άλλες "πολιτισμικές" εκφράσεις.

Π.χ. αυτή: από την Chinatown, της Washington D.C. (το άκρο αντίθετο από την "αντίστοιχη" περιοχή της Νέας Υόρκης, η οποία εκεί είναι ΑΣΦΥΚΤΙΚΑ κατοικούμενη). Μου είχε φανεί πανέμορφη αυτή η πύλη!

Από το Handbook on the Law of Cultural Heritage and International Trade (βλ. προηγούμενη ανάρτηση: http://elinamoustaira.blogspot.com/2014/04/handbook-on-law-of-cultural-heritage.html) , σ. 176-191:

Greece

                                    Elina N. Moustaira

I. Introduction

A. The Legal Framework

            Two statutes form the foundation of Greek cultural heritage protection. The more important of these, the Law 3028/2002 (“On the protection of antiquities and cultural heritage in general”)[1], is considered a success, being systematic[2] and correcting the inconsistencies and gaps in previous laws. A second statute, the Law 3658/2008 (“Measures for the Protection of the Cultural Objects and other provisions”), represents a systematic effort to the protection of the cultural objects that constitute the cultural heritage of Greece. These statutes respect the limits set[3] by the Hellenic Constitution and both the 1970 UNESCO Convention[4] and the 1995 UNIDROIT Convention[5].

            According to the Hellenic Constitution[6], the protection of the cultural environment is an obligation of the State and a right of everyone and according to a broad definition of the paragraph 6 of the same article, the State protection covers monuments, traditional areas, traditional elements and, in general, every cultural object.

            The legal framework also includes applicable European law and several bilateral agreements.

B. Law 3028/2002

1. Definition of Monuments

According to the Law 3028/2002, the cultural heritage of the country consists of both material and immaterial cultural objects[7] that are inside the Hellenic territory, inland waters and territorial waters included, as well as other maritime zones over which Greece has jurisdiction according to international law – that is, the contiguous zone, as well as the part of the continental shelf that coincides with the contiguous zone.

Article 2b of the Law 3028/2002, regulates the specific notion of monuments, declaring that they “are considered cultural objects which constitute material testimony and belong to the cultural heritage of the country and which require a more specific protection”, whether ancient or modern, and immovable or movable[8]. Although the Law also covers immaterial cultural objects (art. 2e), obviously the term “monuments” refers only to cultural material.

            According to the article 20 of the Law, movable monuments include:

a. Cultural objects created before 1453 A.D.

b. Cultural objects created between 1453 and 1830 that have been found in excavations or other archaeological research or that have been extracted from immovable monuments, as well as religious icons and liturgy objects of the same time period.

c. Cultural objects created between 1453 and 1830 that are not included in category b are characterized as monuments due to their social, technical, folklore, ethnological, artistic, industrial, historical or scientific importance.

d. More recent cultural objects created before the last hundred years and characterized as monuments due to their social, technical, folklore, ethnological, artistic, industrial, historical or scientific importance.

e. Cultural objects created during the last hundred years that are characterized as monuments due to their particular social, technical, folklore, ethnological, artistic, industrial, historical or scientific importance.

            The movable monuments in categories a and b are protected by the law without any administrative act having to be issued. Cultural objects in categories c, d and e may be characterized as monuments by decision of the Minister of Culture, following a statement of the competent Service[9] and an opinion of the competent Council[10] - the decision is published in the Government Gazette.

2. Ownership of cultural objects/monuments

            The Law 3028/2002, departing from previous laws, according to which the State was the absolute owner of all ancient objects (movable and immovable), recognizes a right of ownership or of possession of the monuments, even by private persons.

            The Greek State is the owner of ancient monuments (movable and immovable) that were created before 1453 A.D. or even after 1453 A.D., but in the latter case, only when they have been discovered during excavation or other archaeological research[11]. Other legal or private persons may be recognized as owners of ancient monuments (movable and immovable) dated after 1453, that have not been discovered during excavations or other archaeological research, as well as of more recent movable and immovable monuments[12].

Law 3028/2002 considers as monuments extra commercium only those that belong to the State[13], creating, thus, a specific category of objects. This means that, for reasons concerning the public’s interest, these monuments, cannot be, for example, objects of property transactions and cannot be legally attached. They therefore are exempted from the assets in the instance of a public entity’s or even the State’s insolvency.

            Exceptions to the State’s ownership of monuments dated before 1453 are the following:

            Article 33 § 3 (combined with article 21 § 2) of the Law 3028/2002, having as its aim the import of ancient monuments and more specifically their repatriation to Greece, defines the requirements for the maintenance of ownership of ancient movables from before 1453 that are imported legally in the Hellenic territory and are declared before the competent Service. The ownership right may be maintained as long as the movables had not been exported from the Hellenic territory in the 50 years before their import and, independently from the time of their export, are not products of illegal excavation inside the Hellenic territory or products of theft from a monument, archaeological site, church, museum, public collection, collection of religious monuments, deposit space of excavation finds or other similar space inside the Hellenic territory. When the competent Service believes that the above requirements are not met, the interested person must present evidence of the monuments’ acquisition or import as well as of their origin (art. 33 §§ 3&4).

            A regulation related to the previous one is that of the article 73 § 4 of the Law 3028/2002, according to which, the ownership by a private person or by a legal person, other than the State, of a movable monument from before 1453 and imported from abroad, is recognized, so long as that person, at the moment of the Law’s entry into force, possessed and declared it before the competent Service, in conformity with the conditions and the requirements of the article 33 § 3.

            Although the Civil Code generally governs the circumstances of ownership, a specific rule in Law 3028/2002 (article 30 § 2) refers to the case of theft or illicit export of a movable monument. Accordingly a putative owner may ask for the assistance of the competent Service of the Ministry of Culture, in order to secure the return of a monument. Evidently, this assistance is offered to a private or a legal person, other than the State because the assistance of the Service to the State would be self-evident and would not need a specific provision. Article 30 § 2 does not impose an obligation on the owner, but just a possibility/opportunity to ask for the assistance of the Service. This possibility contributes to a more efficient protection and confirms the role of the State as guardian of its cultural heritage.

            If it had been the owner of the monument who had exported it, or a third person to whom the fraudulent or negligent owner had given the permission to export it, then the ownership of the monument will pass to the State, without any compensation to the initial owner, whether a private or legal person. In case the export of the monument had taken place without the owner’s knowledge or against his will, then the monument is to be returned to the owner, who must pay back to the State, the costs incurred to the latter for the return, including the compensation to a bona fide buyer.

C. Law 3658/2008

            Law 3658/2008 concerns, on the one hand, the administrative structure of the Ministry of Culture, by establishing a “Direction of Documentation and Protection of Cultural Objects”, and, on the other hand, the introduction of provisions by which the illicit trafficking in antiquities is considered as an aspect of organized crime and the exclusive international jurisdiction of Greek courts is recognized.

            This Law not only changes the organization of the Services of the Ministry of Culture, but also demonstrates the importance that the Greek Government ascribes to the protection of the country’s cultural heritage and to the punishment of illicit trafficking in antiquities. One of its aims is to consolidate the conviction that the pillage of archaeological sites leads to the irretrievable loss of unique archaeological, historical and scientific information and that cultural objects acquire real value only when their origin, history and context become known with the greatest precision[14].

            According to article 13 of the Law 3658/2008, the Greek courts have exclusive international jurisdiction to judge cases concerning issues of ownership and possession of movable monuments, as defined in the Law 3028/2002[15]. The courts also have international jurisdiction to order any appropriate injunction that would aim to preserve or secure a right concerning movable monuments. The Law 3028/2002 is applied independently of whether some other law may be applied to a pendent case if that case concerns movable monuments, as defined by the Law 3028/2002. Finally, article 13 rules that the torts/offences to which the criminal provisions of the Chapter 9 of the Law 3028/2002 are referring, are sanctioned in conformity with Greek criminal laws, even when committed abroad.

                       

II. Import of cultural objects

            Article 33 of the Law 3028/2002 regulates the import of cultural objects. Cultural objects may be freely imported into the Hellenic territory subject to the 1970 UNESCO Convention and the other rules of international law (§ 1). The possessor of imported cultural objects, which are considered as monuments, according to article 20 § 1 a & b and § 6 of this Law, must declare the import before the competent Service, without undue delay, as well as the way that these cultural objects came into his possession (art. 33 § 2).

            Article 33 § 3 of the Law confirms the ownership right over ancient cultural objects that were created before 1453 and that are imported, is legally maintained, if they had not been exported from the Hellenic territory during the fifty years that preceded the import and if they had not been illegally removed from a monument, an archaeological site, a church, a museum, a public collection, a collection of religious monuments, an excavation finds’ storage room or other similar place in the Hellenic territory, or if they are not the product of an illegal excavation in the Hellenic territory, independently of the time they had been exported. The interested person must present evidence of their acquisition or import, as well as of their origin, if the competent Service suspects that these ancient objects had been exported from the Hellenic territory during the last fifty years before their import or that they are the product of illegal acts. If it is proved that the imported ancient cultural objects fall in any of the above categories, they are deemed to be extra commercium monuments. If it is not possible to prove their origin according to the stipulated terms, a possession permit is granted to the interested person, except if any of the impediments mentioned in the article 23 § 2 c exists, that is: if there is no guarantee that the person will fulfill the obligations of the possessor and especially if that person is irrevocably convicted for a felony, breaking the laws protecting cultural heritage or forgery, bribery, theft, misappropriation or acceptance of for stolen goods. The impediment persists for the time that the criminal persecution is pendent for one of the above acts. In case of a legal person, there must not be such impediments for its administrators.

            The ownership right over ancient cultural objects that were created before 1453 and that are imported for a limited time may be confirmed without having to follow the procedure just discussed (article 33 § 4).

            A joint decision of the Ministries of Finance, of Economy and of Culture issued in March 2004 determines the evidentiary procedure to govern the import and the ownership of ancient monuments mentioned in this article (article 33) and otherwise regulates all details.

            The decision provides inter alia as follows:

            The term “import” means every entry of a monument from non-EU countries into the Hellenic territory, and the term “transport” means every transfer of a monument from Member States of the European Union to the Hellenic territory.

            Whoever imports or transfers ancient monuments into the Hellenic territory[16] must declare them at the time of their entry into the country. This declaration, which is addressed to the competent Service of the Ministry of Culture, covers the way by which the ancient monument passed into the declaring person’s possession, the time and the place of its entry, and every relevant and necessary information.

The declaration is to be submitted:

a) Upon the import of a cultural object from a non-EU country, at the port of entry in Greece, before the competent Customs Authority where the formalities of import are observed, according to the customs legislation, and the pertinent Service of the Ministry of Culture is notified.

b) Upon the transport of a cultural object from a Member State of the European Union, before the competent Service of the Ministry of Culture without undue delay. The declaration may also be submitted, at a port of entry into the country, before the competent Customs Authority, either when the monuments must be brought to the Customs office, according to specific provisions of the customs legislation, or when the declaring person wishes to do that.

In case of a declaration before the competent Customs Authority, the latter must notify the pertinent Service of the Ministry of Culture, in order for it to take up the case.

Following the declaration, an archaeologist of the pertinent Service of the Ministry of Culture specializing in objects like the one imported, proceeds to the scientific examination, photographing and registering the declared object as soon as possible. Accordingly, the imported object may be handed to and remain temporarily in a place of the competent Service, or in a place of the Customs Authority if the declaration is made before the Customs Authority at the point of entry, for a time period of fifteen days, if the Customs Authority at the point of entry is also at the seat of the pertinent Service of the Ministry of Culture, or otherwise, for a time period which may not exceed one month for the continental part of Greece and two months for the insular part, with the consent of the object’s possessor, who declares its import. Following the scientific examination and photographing of the cultural object, the competent employee of the Ministry of Culture draws up a report which is submitted to the pertinent Service of the Ministry of Culture, with a copy to the interested person.

Following the completion of the above procedure, a certificate for the declaration of entry is granted. A copy of the certificate is notified: A) to the Department of Non Public Archaeological Museums and Collections, Antiquariums, and Persecution of Illicit Trafficking of the Directorate of Museums, Expositions and Educational Programs of the General Directorate of Antiquities and Cultural Heritage of the Ministry of Culture; B) to the Ephorate of Antiquarians and of Private Archaeological Collections of the Ministry of Culture; and C) to the competent Customs Authority if the declaration was made before it. If an object after its scientific examination was judged by the Service to be non archaeological, contrary to what the person importing it believed, a relevant certificate is granted.

Whenever a declaration of a monument imported into the Hellenic territory is missing, the provisions of the article 58 of the Law 3028/2002 are applied, so as to prosecute and sentence the responsible person to imprisonment of up to two years.

III. Export of cultural objects

            Article 34 of the Law 3028/2002 regulates the export of cultural objects. The general rule is that the export of monuments from the Hellenic territory is prohibited, with specific exceptions (§ 1). Accordingly, the export of monuments is allowed, following the issuance of a permit, only in case these monuments do not have a particular importance for the cultural heritage of the country and the integrity of important collections is not wounded. A permit of export may be issued specifically for monuments of the last hundred years if their retention in the country is not considered to be necessary (§§ 2&3).

            The export of cultural objects for which the procedure of characterization has been triggered according to article 20 § 2 of the Law, is not allowed before the expiration of the time-limit required for the issuance of a definite decision about their characterization (§ 4). Monuments that have been certified as temporarily imported in the country and of which the interested person is the legal possessor or owner, may be exported (§ 5). Monuments that have been certified as legally imported into the Hellenic territory during the previous 50 years and have not been exported from the country before, may be exported. If the competent authority believes otherwise, that is, that the monuments had been exported from the Hellenic territory during the last 50 years before their import, the interested person must present evidence of the monuments’ acquisition or import (§ 6).

            The export permit is granted by decision of the Minister of Culture following a legal opinion of the Local Monuments Council[17]. The decision is issued within a time-limit of four months or, in exceptional circumstances, within six months from the filing of the petition (§ 7). In case a permit is not granted, the owner of the monument may transfer its ownership to the State, at a price agreed upon or, otherwise as defined by a three-member committee of experts, constituted by decision of the Minister of Culture, following an opinion of the Local Monuments Council (arts.34 § 8, 28 § 8, 73 § 11).

            Antiquarians and the merchants of more recent (modern) movable monuments[18] may be granted a two-year permit for the export of specific monuments (§ 9).

            The export of monuments that belong to and are possessed by the State may be permitted if the conditions of the article 25 are met (§ 10). Article 25 refers to the loan and exchange of movable monuments that belong to the State. The first paragraph provides that, by decision of the Minister of Culture, following a report of the pertinent Service and a legal opinion of the pertinent Council, published movable monuments that belong to and are possessed by the State may, in exceptional circumstances[19], be loaned to museums or educational organizations for exhibition or pedagogic purposes. Loans to museums may take place in terms of reciprocity. Loans for pedagogic purposes may be permitted if the monuments have no particular importance for the cultural heritage of the country. Such loans are for a certain time that cannot exceed a period of five years and may be renewed by the same procedure.

            By decision of the Minister of Culture, following a legal opinion of the pertinent Council, the temporary export of monuments may be permitted, with the aim: a) of their exhibition in museums or similar spaces, on the condition of a sufficient guarantee about their secure transfer, exhibition and return and after due consideration of the possible reciprocity or of the exhibition’s importance for the promotion of the country’s cultural heritage; or b) of their conservation or the research, on the condition that respective guarantee is given and that such works of conservation and research cannot be realized in Greece. The Minister of Culture’s decision decision determines the conditions of the temporary export, especially the duration of the temporary export is permitted (§ 11).

            In 2004 a joint decision of the Ministries of Finance, of Economy and of Culture determined the procedure for the export of cultural objects,        as follows:

            The term “export” means every exit of cultural objects from the Hellenic territory to non-EU countries and the term “sending” (dispatch) means every transfer of cultural objects from the Hellenic territory to other Member states of the European Union. For the export to States other than the Member States of the European Union, of a) an ancient or other movable monument[20] or of a cultural object that is undergoing the procedure of characterization[21], or/and b) a cultural object, which falls within the scope of the EC Council Regulation 3911/1992, as amended and in force, a combination of national law (Law 3028/2002) and the EC Council Regulation 3911/1992 applies. More specifically:

            In the cases of movable monuments or other cultural objects under the Law 3028/2002 to which the EC Council Regulation also is applicable, a permit of export is required, which is granted according to the provisions of article 34 of the Law 3028/2002, from the Minister of Culture following a legal opinion of the pertinent Council. In the cases of movable monuments or other cultural objects to which the Law 3028/2002 applies but not the EC Council Regulation, a permit of export is required, which is granted  according to the provisions of article 34 of the Law 3028/2002. In all the other cases of prospective export of cultural objects that do not fall within the scope of the Law 3028/2002 but do fall within the scope of the Regulation, the permit is granted according to the procedure set by this Regulation and the EC Regulation 752/1993, as well as the provisions of the Presidential Decree 423/1995 (“Measures for the application of the EC Regulations 3911/1992 Council and 752/1993 Commission on the export of cultural objects”).

            For the dispatch from Greece to Member States of the European Union, of an ancient or other movable monument for which the procedure of characterization has been triggered and which falls within the scope of the Law 3028/2002, a permit of export-dispatch is required, which permit is granted according to the provisions of the article 34 of the Law 3028/2002.

            For the granting of a permit of export of an ancient or other movable monument or cultural object undergoing the characterization procedure and not falling within the scope of the EC Council Regulation, the owner or the possessor wishing to export the monument, or his/her legal representative, must submit an application before the competent Directorates of Museums, Expositions and Educational Programs or Modern Cultural Heritage of the General Directorate of Antiquities and Cultural Heritage of the Ministry of Culture, depending on the case.

            In this application, the identity of the prospective exporter person must be indicated, as well as the country of origin, the country of destination, the description of the monument, which should be accompanied by a photograph of it and the purpose of the export. The petition should also be accompanied by every useful information in relation with this monument, especially the condition it is in, its economic worth at the time of the submission of the application, whether it belongs to a collection, whether another similar application has already been submitted, as well as if and when it had been imported into the Hellenic territory.

IV. Criminal sanctions for the illicit export and import of cultural objects

Chapter 9 of the Law 3028/2002 (articles 53-72) contains criminal provisions, three of which refer to illicit import and export of cultural objects.  According to article 63, whoever exports or attempts to export from Greece in violation of this Law, a monument or a cultural object for which the characterization procedure has been triggered (art. 20), may be sentenced to imprisonment of up to 10 years. In case the possession of the monument had been acquired illegally, this fact constitutes an aggravating circumstance (§ 1), leading to a longer imprisonment. Whoever violates the conditions of a permit for temporary export of a monument or a cultural object that belongs to a museum’s collection and especially if he/she does not re-import it inside the prescribed time-limit may be sentenced to imprisonment unless the violation is not considered essential. Also, the act will not be punished, in case the time limit for the re-import was ignored if the liable person, on his/her own will and before he/she is in whatever way examined by the competent authorities, re-imports the monument or the cultural object into the country (§ 2). If, however, the act described in paragraph 2 had as its aim the definite removal of the monument outside the limits of the Hellenic territory, the person who committed it will be sentenced to imprisonment of up to 10 years (§ 3).

Finally, whoever exports or attempts to export cultural objects from Greece beyond the customs area of the European Union, in violation of the Council’s Regulation 3911/1992 and the Commission’s Regulation 752/1993, as well as of the Presidential Decrees issued for their implementation, will be sentenced to imprisonment of at least three months, except if a longer sentence for such an act is foreseen by some other provision (§4).

According to article 64, whoever imports into Greece cultural objects, as defined in the UNESCO 1970 that have been illegally extracted from museums or other similar institutions or religious or public monuments of other States Party and which have been registered by these institutions or monuments, is sentenced to imprisonment of at least one year, except if a longer sentence for such an act is foreseen by some other provision.

Finally, article 65 provides that, whoever does not obey an enforceable court’s judgment or arbitral award for the return of cultural objects that have been removed illegally from the territory of another State, in conformity with the International Conventions that are ratified by and are in force in Greece or with the provisions of the European Union’s legislation, may be sentenced to imprisonment of up to five years.

V. Bilateral Agreements

            Pursuant to the 1970 UNESCO Convention, article 9, Switzerland and the Hellenic Republic agreed to cooperate to prevent theft, looting and the illicit import, export and transfer of cultural property and to ease the repatriation of such property. They also agreed to strengthen contacts between both countries with regard to cultural exchanges[22].

            The Agreement has 13 articles and two appendices. It applies exclusively to categories of cultural property of particular importance for the cultural heritage of the Party concerned as listed in Appendix I (art. 1 § 2). Article 1 § 3 explicitly defines the territory of the Hellenic Republic, territory to include “the territorial sea as well as maritime areas over which the Hellenic Republic exercises in conformity with international law sovereign rights or jurisdiction”.

            In order to import cultural property originating in the territory of the other party, each Party must demonstrate to the custom authorities that the export regulations of the other Party have been fulfilled (art. 2). Each Party may file suit for the repatriation of cultural property, before the competent courts of the other Party into the territory of which the cultural property was illicitly imported. Of course, nothing prevents a Party to file a suit before its own courts, according to its own law (art. 3).

Claims for repatriation are subject to a statute of limitation of one year after the authorities have been informed about the whereabouts of the cultural property, and at the latest, 30 years after the cultural property had been illicitly exported (art. 4). The person, who had acquired the cultural property in good faith, is entitled to fair and equitable compensation at the time of repatriation, by the Party filing suit (art. 5). The competent authorities for the enforcement of this Agreement, which are authorized to cooperate directly with one another, are the Directorate for Museums, Exhibitions and Educational Programs, of the Greek Ministry of Culture, for the Hellenic Republic, and the Specialized Body for International Cultural Property Transfer (Federal Office of Culture), Federal Department of Home Affairs, for the Swiss Confederation (art. 7). The Parties also agreed to cooperate with international institutions, such as UNESCO, Interpol, ICOM, World Customs Organization (art. 9).

The Agreement, which entered into force in Greece in 2011, is to remain in force for a period of five years and will be tacitly extended by five years, if none of the Parties objects in writing (art. 13).

            The Hellenic Republic also entered into a Memorandum of Understanding with China in 2008[23]. Accordingly, the national law of each country may define its cultural property as being the result of theft, illegal excavation and illicit import and export. Any conflicts resulting from the implementation of the MOU are to be solved by the Parties through consultation (art. 1).

            The cooperation of the Parties includes, among other things, the implementation of the 1970 UNESCO Convention. For the purposes of this MOU, the Parties agreed to exchange information – which must be regularly updated – about: legislation on the protection of cultural property, databases of cultural objects the export of which is forbidden, export certificates of cultural property, organizations of cultural property protection and preservation, cases of theft, illegal excavation and illegal export and import, archaeological discoveries, and basic procedures on the transfer of ownership of cultural property (art. 3). The mutual training of personnel is foreseen (art. 4), as well as enhanced coordination and the improvement of their respective systems of export licensing and import supervision (art. 5).

            Article 6 of the MOU provides, among other things, that the Parties have agreed to coordinate each other’s positions on multilateral affairs of this kind; collaborate in order to enhance awareness by the public, museums and other cultural organizations of threats to their respective heritages; cooperate with organizations implementing UNESCO Conventions; and reduce or suspend negotiations with museums or other organizations involved in the theft, illegal excavation or illicit import and export of cultural property. A very important detail is that it demands the collaboration of the Parties for the return of important cultural objects to their country of origin (Greece or China), even in cases that the 1970 UNESCO Convention does not cover. Furthermore, the Parties have agreed to exchange information on cultural objects illegally acquired in the international market. Any problems arising from this MOU’s implementation are to be solved by a consultation mechanism (art. 7).

            Finally, the Hellenic Republic has entered into a Memorandum of Understanding with the United States[24]. It seeks to protect cultural objects that are illegally excavated and exported from Greece to USA as their final destination. It is the product of the cooperation of many years between the competent authorities of Greece and USA.

            It has a Preamble and four detailed articles. The Preamble confirms that the two countries, both States Party of the 1970 UNESCO Convention, desire to reduce the incentives for pillage of irreplaceable archaeological material of Greece.

            Article 1 foresees that the Government of the USA, in accordance with its domestic legislation, “shall restrict the importation into USA of archaeological material representing the Upper Paleolithic Period (beginning approximately 20,000 B.C.) through the fifteenth century A.D., and of ecclesiastical ethnological material representing the Byzantine culture from approximately the fourth century through the fifteenth century A.D., including categories of stone, metal, ceramic, bone and ivory, wood and glass artifacts, textile, papyrus, paintings (including wall paintings), mosaics and other material identified on a list to be promulgated by the United States Government (hereinafter referred to as the Designated List), unless the Government of the Hellenic Republic issues a license or other documentation which certifies that such exportation was not in violation of its laws”. Any material on the Designated List, must be forfeited by the competent authorities of the USA and returned to Greece.

            Article 2 is the most detailed provision. Among other things, it provides that the Government of the Hellenic Republic shall consider increasing the capacity of the existing police units to monitor and protect cultural heritage sites as well as improving the existing regulations on the use of metal detectors (§ 2). It is further agreed that, in order for US import restrictions to efficiently thwart pillage, Greece will attempt to strengthen cooperation among Mediterranean States for the protection of the cultural patrimony of the whole area. Greece also agreed to seek increased cooperation with other art importing States, in order to restrict illicit imports and thus deter further pillage (§ 5).

            For many years Greece has permitted the exchange of archaeological material for cultural, educational and scientific purposes to make Greece’s cultural heritage accessible to a wide public. The Hellenic Government agreed to consider the possibility of accommodating requests for extended loans to US museums beyond five years, as well as the possibility of renewing such loans, in accordance with the relevant Greek legislation (§ 7 a). Greece also agreed to consider the possibility of broadening permissions to foreign academics and museum curators to photograph material in Greek museums, and also to revise regulations that would reduce fees for the reproduction of images for use in cultural, educational and scientific contexts (§ 7 b).

            The United States agreed to establish an appropriate website with links to the websites of Greek museums and attempt to facilitate technical assistance to Greece in cultural resource management and site security (§ 8 & 9). In order to avoid any misunderstanding, article 3 provides that the obligations of both Governments and the activities carried out under this MOU are subject to the laws and regulations of each one, respectively, the availability of funds included.

VI. Conclusion

            On the whole, the Hellenic legal regime on the protection of cultural heritage is considered as detailed, rich enough and mostly successful. Greece is a country that as many others, unfortunately, has suffered a lot in the past and is still suffering from illegal excavation and attempts of illicit trade in antiquities and other cultural objects. Following the example of many countries that have the same problems, Greece has made a serious progress in controlling both illegal excavation and illicit trade, by enacting appropriate laws and establishing institutions and procedures that hinder those “activities”, but also by signing and ratifying important International Conventions, such as the 1970 UNESCO Convention and the 1995 UNIDROIT Convention and by negotiating and signing bilateral agreements of cooperation with several countries.

Thus Greece participates in international efforts in combatting pillage and reestablishing bonds between cultural heritage and peoples. Attributing “nationality” to material and immaterial cultural heritage does not lead to disrespect of the cultural heritage of other countries; on the contrary, it does lead to recognition of the importance of cultural objects for the peoples’ identities. Proper control of import and export of cultural objects contributes to the achievement of that aim. The present and the future depend on the past. Cultural objects are determinative elements of the human life, defining its identity.

---

[1] D. Voudouri, Law and the Politics of the Past: Legal Protection of Cultural Heritage in Greece, International Journal of Cultural Property (2010) 17:547-568 (553) observes that this Law’s “main innovation is the establishment of a global and coherent legal regime that applies to all kinds of elements of the country’s cultural heritage”.

[2] D. Sotiropoulos, Innovations of the new law. The contribution of the dialogue during the legislative elaboration for the formation of the regulatory frame [in Greek], in: Cultural Heritage and the Law [in Greek], Athens-Thessaloniki 2004, 43 ff.

[3] D. Voudouri, The New Law 3028/2002 under the Light of International and European Regulations for the Protection of Cultural Heritage [in Greek], in: Cultural Heritage and the Law [in Greek], Athens-Thessaloniki 2004, 25 ff.

[4] Law 1103/1980, date of deposit of instrument 5.6.1981.

[5] Law 3348/2005, date of deposit of instrument 19.7.2007.

[6] Article 24 § 1 of the Hellenic Constitution 1975/1986/2001.

[7] On the terms “material” and “immaterial” cultural objects, see also E.N. Moustaira, Comparative Law and Cultural Objects, Nomiki Bibliothiki Group, Athens 2012 [in Greek], 34-40.

[8] G. Karymbali-Tsiptsiou, Legal Regime of Monuments, Athens-Thessaloniki 2009 [in Greek], 27.

[9] Central or Regional Service of the Ministry of Culture (art. 2 f of the Law 3028/2002).

[10] The competent Council (depending on the case), which gives its opinion. Art. 2 g of the Law 3028/2002. According to articles 49 – 51 of the same Law, there are Local Monuments Councils (art. 49), the Central Archaeological Council and the Central Council of Modern Monuments (art. 50) and the Museums Council (art. 51).

[11] Arts. 7 §§ 1&2 and 21 §§ 1&3 of the Law 3028/2002.

[12] Arts. 7 § 3 and 21 § 4 of the Law 3028/2002.

[13] Arts. 7 §§1&2, and 21 §§ 1&3 of the Law 3028/2002.

[14] Explanatory report of the Law 3658.2008: “Measures for the Protection of Cultural Objects and other provisions”.

[15] Cultural heritage of the country, see supra, B 1.

[16] Αs defined in articles 2 and 20 of the Law 3028/2002, in combination with article 33 § 2 of the Law.

[17] By decision of the Minister of Culture, Local Monuments’ Councils are constituted in the seat of every administrative region and in insular regions, if needed (art. 49).

[18] These are natural or legal persons who have a relevant professional experience. Among other conditions, it is required that they must have not been recognized as collectors of monuments and that they do not exercise a profession related to the protection of monuments. To exercise their activities they have to apply for a specific permit (art. 32 § 1 c of the Law 3028/2002 and art. 3 of a Ministerial Decision of 2008).

[19] A matter of fact to be decided by the Minister of Culture following a report of the pertinent Service and a legal opinion of the Council.

[20] As these are defined in articles 2 and 20 of the Law 3028/2002.

[21] According to the article 20 § 2 of the Law 3028/2002.

[22] Agreement between the Federal Council of the Swiss Confederation and the Government of the Hellenic Republic on the import, transit and repatriation of cultural property, signed on 15th May 2007, ratified by Greece in 2010, it entered into force in 2011.

[23] Memorandum of Understanding between the Ministry of Culture of the Hellenic Republic and the State Administration of Cultural Heritage of the People’s Republic of China on Cooperation in the Prevention of the Theft, Illegal Excavation and Illicit Import and Export of Cultural Property. This MOU was signed in Beijing, on the 26^th of February 2008 (ratified in 2011), pursuant to the article 9 of the 1970 UNESCO Convention. It has a preamble and 8 articles.

[24] Memorandum of Understanding between the Government of the Hellenic Republic and the Government of the United States of America concerning the imposition of import restrictions on categories of archaeological and Byzantine Ecclesiastical Ethnological Material through the 15^th century A.D. of the Hellenic Republic. This MOU was signed on the 17^th of July 2011 (and ratified in the same year), pursuant to article 9 of the 1970 UNESCO Convention.

Κάποτε έλεγα ότι θα μπορούσα να ζω σε ξενοδοχείο! Υπερβολές. Απλώς μου αρέσει αυτή η αίσθηση ότι για λίγες ημέρες κάποιοι άλλοι φροντίζουν τον χώρο που μένω και όχι εγώ.

Κάποιες φορές, έτσι για αστείο, στα ξενοδοχεία που πάω φωτογραφίζω το έπιπλο όπου αφήνω εφημερίδες, περιοδικά, άλλα ψιλοπράγματα, που δίνουν μια αίσθηση καθημερινότητας ακόμα και στα δωμάτια ξενοδοχείων.

     Στο δωμάτιό μου, στο Henley Park Hotel, στη Washington D.C., τον περασμένο Απρίλιο.

Στο δωμάτιό μου, στο Stanford Park Hotel, στο Palo Alto, κοντά στο campus του Stanford University, τον περασμένο Νοέμβριο.

Ουφ... πολλή κούραση σήμερα.. και ιδίως με αυτή τη ζέστη...! Το μεσημέρι δε, 1-3.30, καλοπεράσαμε, στη αίθουσα Σαριπόλων, ΧΩΡΙΣ ΚΛΙΜΑΤΙΣΜΟ, οι φοιτητές που έγραφαν εξετάσεις στο Συγκριτικό Δίκαιο, η Ναυσικά, ο Κώστας, ο Νίκος, ο Αιμίλιος, που με βοήθησαν στην επιτήρηση (και που τους ΕΥΧΑΡΙΣΤΩ πάρα πολύ!!!), και εγώ.

Δύσκολες για κάποιους οι Δευτέρες, όπως θα έλεγε και ο γνωστός γατούλης!:

Περιέργως, παλιά εμένα μου άρεσαν κατά κανόνα οι Δευτέρες, διότι δεν μου άρεσαν πολύ τα Σαββατοκύριακα. Επειδή όμως σήμερα, όπως είπα, η ζέστη και οι διάφορες δουλειές με εξόντωσαν, λέω να κάνω το εξής:

......!!!!