MEMORANDUM OF UNDERSTANDING BETWEEN THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES AND THE GOVERNMENT OF THE KINGDOM OF CAMBODIA ON PREVENTION OF LOOTING AND ILLICIT TRAFFICK…
Noting that looting of archaeological sites of historical and cultural value and illicit trade of cultural property pose serious threats to the cultural heritage of mankind;
Recognizing the fundamental importance of protecting and preserving their cultural heritage in accordance with the principles and regulations established in the United Nations Educational, Scientific and Cultural Organization (UNESCO) 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property, and the UNESCO 1972 Convention on the Protection of the World Cultural and Natural Heritage, and 1995 UNIDROIT Convention;
Recognizing the necessity to implement and pursue the Cultural Agreement between the Government of the Republic of the Philippines and the Government of the Kingdom of Cambodia signed on 19 June 2015;
Desiring to establish coming rules for restitution of cultural properties that have been illegally looted and/or exported outside the country where they belong, as well as to protect and preserve them;
Both Participants have reached the following understanding:
Paragraph 1
- The Participants decide to collaborate in adopting preventive, mandatory, and remedial measures to combat criminal practices concerning looting and illicit trade of cultural properties in accordance with their respective domestic laws.
- The Cultural Property mentioned in this MOU, and looting and illicit trade of the cultural property thereof will be defined by each Participants’ laws and regulations, and legal historical documents.
- When differences arise between provisions of the laws of the two countries concerning cultural properties, looting, and illicit trade of cultural property thereof and such differences concerning the implementation of this MOU, relevant Ministries of the Participants shall resolve them through mutual and amicable consultations through diplomatic channels.
Paragraph 2
- For the effective implementation of this MOU, the Participants will designate, respectively, the Department of Foreign Affairs together with the National Commission for Culture and the Arts of the Philippines and the Ministry of Culture and Fine Arts of Cambodia to be responsible for bilateral cooperation in the prevention of looting and illicit trade of cultural property.
- The National Commission for Culture and the Arts of the Philippines and the Ministry of Culture Fine Arts of Cambodia will designate specific organizations on their respective sides to carry out concrete work for the bilateral cooperation in preventing looting and illicit trade of cultural property. The designated organizations of the Participants will set up a hotline to facilitate communication with each other.
Paragraph 3
The Participants will broaden exchanges and training of personnel for the prevention of looting and illicit trade of cultural property, especially in safety management, administration of markets and import and export of cultural property, drafting of related laws, information collection, and coordination on international matters concerning cultural properties.
Paragraph 4
For the purpose of this MOU, the Participants will enhance coordination to improve further their respective systems for export license and registration of cultural property, sharing information on stolen cultural property, and supervising the import of cultural property.
Paragraph 5
Relevant organizations of the Participants designated in accordance with Paragraph 2 will resolve, through consultation, problems concerning expenses occurring during the implementation of this MOU.
Paragraph 6
- The Participants will conduct thorough consultations and coordinate each other’s stands on multilateral affairs concerning the prevention of looting and illicit trafficking of cultural property.
- The Participants will strengthen collaboration to raise awareness among the general public, museums, and other concerned cultural organizations about threats brought about by looting and illicit trafficking of cultural property at the national and international levels.
- The Participants will share information about their cultural property in a timely manner if they appear at international antique markets and exchange relevant information such as appraisal, registration, and retrieval and return of their lost cultural property when conducting appropriate investigations.
Paragraph 7
This MOU shall come into effect on the date of signature and remain valid for a period of 5 (five) years.
This MOU shall be renewed automatically for successive periods of five (5) years. Either Party may notify the other, in writing through diplomatic channels, of its intention to amend or terminate this MOU at least six (6) months prior to its expiration date. If no such notification is received, the MOU shall continue to renew automatically.
Signed in Manila, on this eleventh day of February in year of two thousand and twenty-five, in duplicate in the English language.
Representative of Representative of the Government of the Government of the Republic of the Philippines the Kingdom of Cambodia Sgd. Sgd. VICTORINO MAPA MANALO DR. PHOEURNG SACKONA Chair Minister of Culture and Fine Arts National Commission for Culture and the Arts
Entry into Force: February 11, 2025