Citation
Collection of legislative texts concerning the protection of movable cultural property

Material Information

Title:
Collection of legislative texts concerning the protection of movable cultural property
Cover title:
Protection of movable cultural property : collection of legislative texts. Haiti
Creator:
Haiti
Unesco
Place of Publication:
Paris
Publisher:
Unesco
Publication Date:
Language:
English
Physical Description:
1 online resource (ii, 14 p.) : ;

Subjects

Subjects / Keywords:
Cultural property -- Protection -- Law and legislation -- Haiti ( lcsh )
Patrimoine culturel -- Droit -- Haïti ( ram )
Genre:
international intergovernmental publication ( marcgt )
non-fiction ( marcgt )

Notes

General Note:
Title from PDF t.p. (LLMC Digital, viewed on May 11, 2011)
General Note:
"CC-88/WS 4."

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LA Law Library
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ILLMC
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Resource Identifier:
722392420 ( OCLC )
ocn722392420

Full Text























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HI[MC


-I
'V -


I- -~


-. S.- -


LTHE PROTECTION OF
MOVABLE CULTURAL PROPERTY


Collection of legislative texts







Haiti


LOS ANGELES COUNTY,
LAW L1"ERARY


Unesco 1988


























Collection of legislative texts concerning the protection of movable cultural property


















HAITI -


CC-S /',,'D


LOS ANGELES COUNIYf
LAW LIBRARY



























































The designations employed and the presentation of material in
this document do not imply the expression of any opinion whatsoever on the part of Unesco concerning the legal status of any country, territory, city or area or of its authorities, or
concerning the delimitation of its frontiers or boundaries






PREFACE



Since its foundation Unesco has been constantly engaged in an effort to protect cultural property against the dangers of damage and destruction which threaten it and, in particular, against dangers resulting from theft, clandestine excavations and illicit traffic. The work carried out in this field in recent years has shown that national laws and regulations governing the protection of movable cultural property are little known abroad. This has prompted Unesco to embark on the collection and distribution of legislative texts for the information and use of national services for the protection of the cultural heritage, museum curators, art dealers, antique dealers, private collectors, customs and police services, and anyone else required to have a knowledge of the legal status of cultural property, with a view, to fostering international co-operation in the prevention and repression of of fences concerning movable cultural property.

Unesco has already published two volumes of a compendium containing extracts from the legislation in force in forty-five Member States. These appeared in French in 1979 and 1981 under the title "'La protection du patrimoine culturel mobilier
- Recueil de textes le'gislatifs" and in English in 1984 under the title "The Protection of Movable Cultural Property - Compendium of Legislative Texts".

The publication of legislative texts governing the protection of movable cultural property is being pursued in the form of a series of booklets, each presenting the laws and regulations of one country. The booklets will, as far as possible, contain the full texts of legislation dealing with:

" the definition of protected movable cultural property
" the system of ownership and use
" the extent of protection

- inventory, registration, scheduling, declaration
- rights and obligations of the owner, the person in
possession or control and the auhorities with respect
to protected property
- regulation of trade in antiquities
- export regulations - import regulations

*fortuitous discoveries and archaeological excavations
sanctions
*authorities responsible for protection
The legislative texts are preceded by a brief introduction which provides information on the international conventions concerning the protection of movable cultural property to which the State concerned is party, and gives the list of the texts reproduced in the booklet. The introduction also contains an index of the mailn provisions of national laws and regulations which concern specifically the protection of movable cultural property arranged under the above headings.

An index of national laws and regulations concerning the protection of movable cultural property in force in the Member States of Unesco will be issued at a later date.










H A I T I





INTERNATIONAL CONVENTIONS CONCERNING THE PROTECTION OF MOVABLE CULTURAL PROPERTY TO WHICH THE STATE IS PARTY


Haiti has not deposited an instrument of ratification,
acceptance or accession in respect of any of the
international conventions in force relating to the
protection of movable cultural property.


NATIONAL LAWS AND REGULATIONS SPECIFICALLY CONCERNING THE PROTECTION OF MOVABLE CULTURAL PROPERTY


- Law of 23 April 1940
- Decree-Law of 31 October 1941


INDEX OF MAIN PROVISIONS BY SUBJECT-MATTER


Fortuitous discoveries and archaeological excavations

- Fortuitous discoveries


Definition of protected property


System of ownership


Article Article of 1941


25 of the Law of 1940
3 of the Decree-Law


Articles 20 and 21 of the Law of 1940
Article 2 of the Decree-Law of 1941


Extent of protection


- Scheduling


Articles 15 to 17 and 25 of the Law of 1940

Articles 18 to 21, 23, 24, 26 and 27 of the Law of 1940




Article 22 of the Law of 1940 Article 4 of the Decree-Law of 1941


- Rights and obligations
of the owner, the person
having possession or control and the
competent authorities

- Export regulations


Articles 30 and 31 of the Law of 1940 Articles 6 and 10 of the DecreeLaw of 1941
















- Archaeological
excavations


Articles 7 to 9 of the DecreeLaw of 1941

Articles 32 to 37 of the Law of 1940
Article 11 of the Decree-Law of 1941

Article 29 of the Law of 1940 Article 1 of the Decree-Law of 1941


Sanctions


Authorities responsible for protection







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LAW

of 23 April 19401J


St6nio Vincent
President of the Republic


By virtue of the right vested in him by Article 21 of the Constitution;

Given Article 7 of the Constitution and the Law of 15 August 1904 on compulsory purchase for reasons of public interest;

Given Article 2 of the Law of 26 July 1927 governing the State Property
Department;

Given Articles 441, 448, 526 et seq., 552, 573, 576, 1987 and 2044 of the
Civil Code, and Articles 215, 216, 324 to 333 and 382 of Penal Code;

Considering that in order to prevent their deterioration, dispersal to the
detriment of the country and of national education and in order to ensure the surveillance essential for their conservation, maintenance and security, it is essential to define by appropriate regulations the manner of
designating, scheduling and protecting (1) the historic monuments,
ruins and vestiges which are considered by the above-mentioned Article 2 of the Law of 26 July 1927 to be within the public domain; (2) all other
immovables or movable objects, sites and natural monuments located in
Haiti and belonging to bodies corporate, public institutions or institutions serving the public interest or to Individuals, and possessing an
archaeological, historical, artistic or other character of public
interest qualifying them for *and making them worthy of protection and
scheduling as historic monuments or even inclusion in the sacred heritage of the Nation on the same basis as those primarily envisaged;

Considering that current requirements for the development of tourism make such
regulation equally urgent;

On the basis of the considered report of the Secretaries of State for the
Interior, Finance, Public Education, Public Works, External Relations,
Ecclesiastical Affairs and Justice;

And following deliberation of the Council of Secretaries of State,


HAS PROPOSED

And the Legislature has passed, the following Law:


1/ Unofficial translation prepared by Unesco.







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CHAPTER I

Immovables

Article 1 - The inmovables referred to in Article 2 of the Law of 26 July 1927, whose conservation is of public interest for historical or artistic reasons, are hereby scheduled as historic monuments.

The following immovables are similarly scheduled: immovables located in Haiti which belong or will belong to the State, the communes or other bodies
-orporate, public institutions or institutions serving the public interest which constitute or will be found to constitute prehistoric or archaeological monuments, lands which enclose or will he found to enclose prehistoric sites, deposits, or hot springs; immovables which constitute or will constitute natural sites or monuments of an artistic nature; immovables whose scheduling is or will be called for in order to isolate, disencumber or rehabilitate immovables which remain or will remain scheduled tinder the terms of this article.

Article 2 - The immovables referred to in the preceding article shall be designated by decision of the Council of Secretaries of State on the basis of the report of the Commission for Historical .Monuments concerned.

A list of the aforesaid immovables, thus scheduled shall be published in the Official Gazette. An extract from this list shall also be prepared for each item, reproducing, whatever is of relevance to it; this extract shall be registered by the General Revenue Service with the Office for the Registration
of Mortgages regarding the property. No duty shall be payable to the treasury in respect of such registrations.

When these formalities have been completed, such immovables shall be registered as property in the public domain in a special register to be 1Tiintained for this purpose by the General Revenue Service, and those items Which were previously within the private domain of the State or of the con-tins shall be automatically transferred to the public domain and shall be rpisterod as quch.

Article 3 - The immovables subject to automatic scheduling under the present aw, shall include all bu ildings or land which exhibit or will exhibit, in the vio r f the Cormission for Pistorical '-!onuments concerned, the same characteritis .s th,,se designated in Article I of this Law and which belong to in,!ivicl'ualq. Tho same applies to imnovables, the scheduling of which is or will he considered essential in order to isolate, disencumber or rehabilitate
-i-I It - ,f irmo,.ahle property which is scheduled or which is proposed for


Article 4 - Proosals for the scheduling of the buildings or land referred to in Article 2 above shall be subject to the decision of the Council of Secretaries of State taken on the basis of the report of the Commission for Historical Ioanu nrents concerned.

. hen the proposal has been acceptEd, the owner shall be notified and the Proposal shall then have the same effect as scheduling; this effect shall cont i,:e except where no declaration of permanent scheduling is made within tlree -onth.ls following that notification.






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Permanent scheduling shall be announced by Order of the President of Haiti and an extract of this Order shall be registered, without cost to the treasury, as stipulated in Article 2 of the present Law.

Article 5 - Public and private buildings and parts thereof which do not warrant an application for immediate scheduling but possess sufficient archaeological, historical or artistic interest for their preservation to be desirable may, at any time, on the basis of the report of the Commission for Historical Monuments concerned and on the advice of the Secretary of State for Public Education, duly authorized by the Council of the Secretaries of State, be entered in a register maintained for this purpose by the General Revenue Service.

Owners shall be informed of such registration, as a consequence of which it shall be incumbent upon them to refrain from all alterations to the property or part thereof which is registered except where they have given two months' notice of their intention to the Secretary of State for Public Fducation, indicating the work which they intend to have done.

The aforesaid Secretary of State may only oppose such work by initiating the scheduling procedure established by the present Law.

Nevertheless, if the aim or effect of the work is to divide or break up a registered building or part thereof for the sole purpose of selling all or part of the materials thus detached, the Secretary of State for Public Fducation shall have a period of five years in which to undertake scheduling and may, in the interim, order the suspension of the work concerned.

Article 6 - When immovable property belonging to an individual has been automatically scheduled without his express agreement, this scbeduling may give rise to the payment of compensation corresponding to the loss which may be suffered by the owner as a result of the application of the servitude of automatic scheduling, it being the responsibility of the interested party to prove this loss and to establish precisely the criteria which would enable it to be assessed in money terms.

Claims must be presented to the Council of Secretaries of State within three months of the publication in the Moniteur of the scheduling order.

When such a claim is brought before the Council of Secretaries of State, the Council shall determine the compensation to which the owner concerned is entitled if scheduling actually results in a loss and, in the event of any related challenge by the owner, the scheduled property shall be subject to compulsory purchase in the name of the State on the basis of the report of the Commission for Historical Monuments concerned, approved by the Secretary of State for Public Education.

In this particular instance, the procedure laid down by the Law of
15 August 1904 shall not be applicable. A law or a decree-law initiated by the Executive shall give force to the compulsory purchase, determine the co1ppensation to be awarded to the owner and order the expropriated property to be incorporated in the public domain in accordance with the procedure laid down in the final paragraph of Article 2 of the present Law.

Article 7 - The immovables referred to in Article 5 above ray, before they are scheduled, be subject to compulsory purchase as provided for in Article 6 of






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the present Law. The full effect of scheduling shall automatically apply to the property concerned from the day on which the State notifies the owner of unscheduled property of its intention to subject it to compulsory purchase. It shall cease to apply if the law or decree-law sanctioning the aforesaid cornpulosry purchase is not promulgated within three months of the notification.

Property subject to compulsory purchase shall automatically be scheduled as an historic monument and an extract of the law or decree-law of compulsory purcliase shall be registered in accordance with the provision in Article
2 of the present Law.

Article 8 - The scheduled property may not be destroyed or displaced, even in part, or subject to any restoration, repair or modification without the consent of the Council of Secretaries of State.

Work authorized by the Council of Secretaries of State shall be carried out in the style and, as far as possible, with the materials used during the period in which the property was built, under the supervision of an architect specializing in this type of work, designated by the General Directorate of Public Works.

The Council of Secretaries of State may also authorize the execution, by the same architect and at the expense of the State, with a possible contribution from the interested parties, of repair or maintenance work considered essential for the preservation of scheduled monuments which do not belong to the State.

Should the interested parties declare that they are unable to make such a
contribution, the property shall be subject to compulsory purchase by means of i law or decree-law, in accordance with Article 6 of the present law.

Article 9 - To ensure the execution of urgent consolidation work in scheduled properties, the Secretary of State for Public Fducation, duly authorized by the Council of Secretaries of State, may, if an amicable agreement is not reached with the owners, authorize the temporary occupation of the property or neighboring property.

An announiement shall he published in the Official Gazette stating that arn order is bei;'g issued for this occupation, the duration of which may in no .-ase exceed six months, and that the occupation gives no grounds for further State compensation other than the provision of accoi-modation during that period for an_ ownerr clearly unable to pay rent.

Article I0 - No property which has been scheduled or proposed for scheduled status shall be subject to compulsory purchase in the public interest except
in hIle marner and 1or the reasons laid down in Article 6 of the present law.

Article 11 - '-o new structure shall be built against a property which has been chcedtiled or proposed For scheduled status without the authorization of the Council of Secretaries of State.

'No ore ray acquire prescriptive rights in relation to a scheduled property.

Legal servitudes which ray result in the deterioration of monuments are 'not applicable to scheduled property.







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No servLtude may be established by agreement in relation to a scheduled property except with the assent of the Council of Secretaries of State.

Article 12 - The effect of scheduling as defined by the provisions of the present law shall continue to apply to the property, irrespective of its subsequent ownership.

Article 13 - No transfer of ownership of scheduled property or even of property proposed for scheduled status or of registered property may be made, under pain of being declared void, except by notarial deed. Its owner shall also provide prior notice to the Secretaries of State for Finance and for Public Education. The State shall then, as of right, have a period of six months from the date of this notification in which to acquire the property by mutual agreement or, in the absence of agreement, to make a compulsory purchase if it considers this to be appropriate. After this period, the property concerned may be transferred by its owner.

Article 14 - Complete or partial descheduling of a property is effected by order of the President of Haiti on the basis of the considered report of the Commission for Historical Monuments concerned, with the prior approval of tbe Secretary of State for Public Education.

Reference to the rescheduling order shall be made in the margin of the registration of the scheduled property concerned.


CHAPTER IT

Movable objects

Article 15 - Movable objects which are movables in the full sense of the term, or fixtures, belonging to the State, the communes or other bodies corporate, public institutions or institutions serving the public interest or to indiviuals, and whose conservation is or will he in the public interest on archaeological, historical, artistic or other grounds, may be subject to automatic scheduling by order of the President of Haiti, on the Lasis of the considered report of the Commission for Historical Monuments concerned and that of the Secretary of State for Public Education.

The effect of scheduling shall continue to apply to fixtures which bave been scheduled and which have again become movables in the full sense of the term.

Article 16 - The scheduled status of movable objects belonging to individuals shall become permanent if their owners do not appeal against their scheduling
-within 60 days from the date of publication of the scheduling order.

In the event of an appeal, the Council of Secretaries of State shall give a final decision on the merits of such appeal.

,Nevertheless, the full effect of scheduling shall apply provisionally and ipso jure to the movable object concerned from the date of publication of the scheduling order.

I.'hen the scheduling has been carried out with the express agreement of the owner, no objection shall be admissible.







- 6 -


Article 17 - The scheduling order shall contain P. detailed description of the movable objects to which it applies.

A special register shall be maintained by the General Revenue Service in which extracts from scheduling orders shall be entered.

Article 18 - All scheduled movable objects are imprescriptible, irrespective of their ownership.

Scheduled items belonging to the State, the communes or other bod - fes
corporate, public institutions or institutions serving the public interest are non-transferable. No transfer of scheduled objects belonging to individuals is valid unless effected, under pain of being declared void, by notarial deed and with the authorization of the Council of Secretaries of State.

Article 19 - The effect of scheduling shall continue to apply to the object irrespective of its subsequent ownership. Any individual transferring a scheduled object in his possession is required to inform the purchaser of its scheduled status.

In order to be valid, any transfer of ownership must also be communicated to the Council of Secretaries of State within two weeks from the date on wbicil the transfer takes place.

Article 20 - Any transfer of a scheduled object effected in violation of the provisions of this law shall be invalid and shall lead automatically to the transfer of sole ownership of the object concerned to the State. Consequently, only the State shall be empowered to bring any appropriate action for avoidance of contract, for recovery of property or for damages against the contracting parties who shall be jointly and severally responsible.

When an unlawful transfer has been authorized by a body corporate or an institution officially recognized as serving the public interest, such action for damages shall be brought on behalf of and for the benefit of the State against the representatives responsible or any other person having authorized the transfer.

The purchaser or subpurchaser shall always be presumed in this case to have acted in bad faith and shall have no right to reimbursement of the purchase price.

Article 21 - Any theft or loss of a scheduled movable object shall be reported, within 24 hours of the theft or loss, by the individual to whose care it was entrusted, to the Secretaries of State for the Interior, Finance and Public Education, failing which that person shall be liable for all damages.

Furthermore, when the aforesaid object has been recovered, it shall
become the property of the State irrespective of the good or bad faith of its owner, except where he has been relieved of responsibility for its care in accordance with Article 27 of the present law.

Nevertheless, the owner of a scheduled object who has been relieved of responsibility for its care in accordance with Article 27 of the present law and who has been convicted of having removed it or caused it to be removed from the place in which it was deposited, shall forfeit ownership, which shall automatically revert to the State.







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Scheduled objects which have been stolen or lost through the negligence
or with the complicity of their owners or their agents, may be claimed only by the State which shall automatically acquire ownership, and the present holder of the aforesaid object may in no case raise an objection on the basis of the provisions of Article 2044 of the Civil Code.

Nevertheless, in cases where scheduled objects have been stolen or lost
and where their owners were no longer responsible for their care In accordance with Article 27 below, the State may only bring an action for thetr recovery on behalf of the owner.

Article 22 - The exportation of scheduled objects is prohibited.

Article 23 - Scheduled objects may not be altered, repaired or restored without the express authorization of the Council of Secretaries of State, or without the supervision or control of the agent designated by the Council for that purpose.

Article 24 - Scheduled movable objects shall be collected and inspected at least once a year by the General Revenue Service. The owners or holders of such objects are also required, when so requested, to produce them to agents of the General Revenue Service.

Article 25 - Movable objects shall be rescheduled by order of the President of the Republic on the basis of the report of the Commission for Historical Monuments concerned and of the Secretary of State for Public Education.

Reference shall be made to this in the margin of the registration prescribed by Article 17 of the present law.


CHAPTER III

The safeguarding and conservation of
scheduled immovables, movable objects and all historic monuments

Article 26 - The different services of the State, the communes, public institutions and institutions serving the public Interest are required to ensure the safeguarding and conservation of immovables, movable objects and other scheduled historic monuments of which they are the owners, allottees or trust,!es and to take the necessary measures to this end.

The expenditure which these measures entail is binding on them with the exception of costs for the construction or reconstruction of premises.

On account of the expense incurred by the execution of these measures, the owners, allottees or trustees may 'be authorized by decision of the Commission for Historical Monuments concerned, duly approved by the Council of Secretaries of State, to introduce an entrance charge, the amount of which shall be laid down by the aforesaid decision and which shall be collected by the General Revenue Service. The income resulting from this barge shall 1-0 collected as non-fiscal revenue and expended by order of the Secretaries of State for Finance and Public Education.





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Article 27 - When the Council of Secretaries of State considers that the conservation or safety of a scheduled object belonging to a commune, public institution or institution serving the public interest, or to an individual, is threatened and when the community or individual in the position of allotted or trustee is unwilling or unable immediately to take the measures considered necessary by the authorities to remedy the state of affairs, an order of the President of Haiti based on the recommendation of the Commission for Historical Monuments concerned and the Secretary of State for Public Education may require the appropriate conservation measures to be carried out without delay at government expense and also, where need has been duly demonstrated, the provisional transfer of the object to a cathedral treasure house if it is assigned for religious worship or, if not, to a museum or other national or communal public place providing the required guarantees of security and, as far as possible, located in the neighbourhood of its original site. This measure may, if necessary, be revoked following the same form as that employed when it was ordered, and the community or individual in the position of owner, allotted or trustee may at any time secure the return of the object to its original site by proving that the required conditions have now been met.

Article 28 - The keepers or curators of scheduled immovables or objects shall be appointed by the President of Haiti on the recommendation of the Commission for Historical Monuments concerned, approved by the Secretary of State for Public Education. Before taking up their duties, keepers or curators shall swear before the senior officer of the civil court within whose jurisdiction their residence is located to carry out effectively and loyally the duties imposed on them by the present law.

Article 29 - A special commission entitled the 'Commission for Historical Monuments' shall be established in the chief town of each department. In addition to the duties explicitly assigned to it in Articles 2, 3, 4, 5, 6, 14, 15, 25, 26, 27, 28, 30 and 41 of the present law, its task shall be to propose all such measures as will ensure the safeguard, surveillance, protection and conservation of the scheduled immovables and movable objects under the terms of the present law. It shall be composed of the prefect, the communal magistrate, the department engineer and three other citizens selected in each department by the Secretary of State for Public Education.


CHAPTER IV

Excavations and discoveries

Article 30 - When monuments, ruins, inscriptions or objects of possible archaeological, historical or artistic interest are discovered as a result of excavations, works or any occurrence on land belonging to the State, the communes, public institutions or institutions serving the public interest, the communal magistrate responsible for the site on which the discoveries were made shall see to the temporary conservation of the objects discovered and immediately inform the prefect for his district of the measures taken. The prefect shall refer the matter to the Secretary of State for the Interior as soon as possible and the Council of Secretaries of State shall rule on the definitive measures to be adopted on the basis of the Secretary of State's report.If the discovery is made on the land of an individual, the communal
magistrate concerned shall likewise inform the prefect for his district. The







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Secretary of State for the Interior shall submit the matter to the Council of Secretaries of State on the basis of the report of the prefect. On the basis of the confirmed opinion of the Commission for Historical Monuments concerned, the scheduling of the objects discovered and their compulsory purchase in the public interest may be effected following the procedure laid down in Articles 6 and 15 of the present law.

Article 31 - When treasure is discovered, one half shall revert to the State and the other half to the individual finding it on his own land. If treasure is found on land belonging to others, one third shall revert to the State, one third to its finder and the remaining third to the owner of the land.

However, the share attributed by the present article to the State shall be specially deposited in the public coffers as non-fiscal revenue, one half being allocated for museum construction and the repair of historical monuments and the other half being transferred to welfare funds.

Any individual convicted of attempting to remove or of removing, to the detriment of the State, all or part of the share of a treasure allocated to It by this provision shall be punished by the penalty applicable to theft in accordance with the provisions of Articles 324 to 333 of the Penal Code. Moreover, if the guilty party is the owner of the land or the finder, be shall forfeit his right to the share attributed to him by the present law and his share shall revert to the State.

CHAPTER V

Penalties

Article 32 - Any infringement of the provisions of paragraph 2 of Article 5 (alteration without prior notification of immovables registered with a view to scheduling), Article 13 (transfer of scheduled immovables without prior notification to the Secretaries of State for Finance and Public Education), paragraph 3 of Article 18 (transfer of a scheduled movable object without prior authorization of the Council of Secretaries of State), Article 23 (alteration, repair or restoration of a scheduled movable object without the express authorization of the Council of Secretaries of State and without the supervision or control of Its appointed agent), paragraph 2 of Article 24 (obligation to produce the movable objects scheduled under the present law to the agent of the Revenue), shall be punished by a fine of 100,000 gourdes.

Article 33 - Any infringement of the provisions of paragraph 2 of Article 4 (effect of a proposal to schedule immovables), or paragraph 1 of Article 7 (effect of notification of an application for compulsory purchase), paragraphs 1 and 2 of Article 8 (displacement, restoration and modification of scheduled immovable property), paragraphs 1 and 4 of Article 11 (new structures, agreed servitudes), or Article 22 (prohibition of the export of scheduled movables) of the present law shall be punished by a fine of 200 to 2,000 gourdes, without prejudice to action against the persons ordering the work or the measures taken in violation of the aforesaid articles.

Article 34 - Anyone who transfers, knowingly acquires or exports a scheduled movable object in violation of Article 18 or Article 21 of the present law shall be punished by a fine of 100 to 10,000 gourdes and a period of imprisonment of from six days to three months or by one of these two penalties only,





- 10 -


Article 35 - Anyone desecrating, destroying, demolishing, mutilating or defacing scheduled immovables or movable objects shall be punished by the penalties laid down in Articles 215 and 216 of the Penal Code without prejudice to any damages.

Article 36 - The infringements envisaged in the four preceding articles shall be ascertained either by the Secretary of State for Public Education or the Commission for Historical Monuments concerned. They may also be ascertained by means of reports prepared routinely by officers of the Criminal Investigation Department, curators and keepers of scheduled immovables and movable objects, prefects and communal magistrates; and such reports shall be accepted until the production of proof to the contrary.

Article 37 - Any owner, curator or keeper who, through serious negligence, allows scheduled immovables or movable objects to be destroyed, demolished, mutilated, defaced or removed, shall be punished by a period of imprisonment of from one week to three months and by a fine of 100 to 10,000 gourdes or by one of these two penalties only.

Article 38 - Article 382 of the Penal Code is applicable in the case concerned In this chapter.

Article 39 - When immovable property or a part thereof has been broken up in violation of the present law, the Secretary of State for Public Education may institute a search for the structure or the parts removed therefrom, wherever they may be, and order their return to the original location under the direction and the supervision of the architect referred to in Article 8, the cost to be borne by the offenders.

Article 40 - The offences dealt with in this chapter shall be judged by the Criminal Court.

The proceeds from the fines imposed and damages awarded in accordance
with the articles of the present law shall be collected as non-fiscal revenue and deposited by order of the Secretaries of State for Finance and for Public Education.

CHAPTER VI

Special provisions

Article 41 - The detailed application of the present law shall be defined in a public service regulation.

This regulation shall be issued after the different commissions for
historical monuments and the national office for tourism have expressed their opinions.

These commissions shall also be consulted by the Secretary of State for
Public Education in relation to all the decisions which are necessary in order to execute the present law.

Article 42 - The present law annuls all laws or legal provisions to the contrary and shall be executed by the Secretaries of State, each in his area of concern.








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Done at the Palace of the Chamber of Deputies, Port-au-Prince, 17 April 1940, in the 137th year of Independence and the VIth year since Liberation and Restoration.


Secretaries,
(S) C. Polynice, T.J.B. Richard, Lawyer


The President,
(S) Edouard Liou


Done at the National Building, Port-au-Prince, 19 April 1940, in the
137th year of Independence and the VIth year since Liberation and Restoration.


Secretaries,
Dr H. Lanoue, C.Dessources


The President L.S. S~phirin


IN THE NAIE OF REPUBLIC

The President of the Republic orders the seal of the Republic to be affixed to the above Law which shall be printed, published and executed.

Done at the National Palace, Port-au-Prince, 23 April 1940, in the 137th year of Independence and the VIth year since Liberation and Restoration.



St~nio Vincent


By the President: Secretary of State for the Interior,
Amilcar Duval

Secretary of State for Finance and Commerce,
Mont-Rosier Dejean

Secretary of State for Public Education, Agriculture
Luc E. Fouche


and Labour,


Secretary of State for External Relations and Public Works,
Loon Laleau

Secretary of State for Justice and Ecclesiastical Affairs,
L~on Alfred





- 12 -


DECREE-LAW

of 31 October 19411/


Elie Lescot
President of the Republic


Given Articles 30 and 35 of the Constitution; Given Article 30 of the Law of 23 April 1940, classifying as historical monuments immovables whose conservation is in the public interest; Considering that archaeological objects discovered on Haitian territory are the property of the Nation;

Considering that such objects constitute a precious source for research relating to Haitian archaeology and ethnology; That a Bureau of Ethnology should be established in order to collect and conserve these objects;

On the basis of the report of the Secretary of State for the Interior; Following the deliberation of the Council of Secretaries of State; And with the approval of the Standing Committee of the National Assembly; DECREES

Article I - A Bureau of Ethnology is hereby established whose dutLes sball be defined by order of the President of the Republic. Article 2 - All archaeological and ethnographical specimens discovered on Haitian territory are hereby declared to be the property of the Nation and their owners, if such there be, shall only be authorized to retain them with the status of keepers after declaring them to the Bureau of Ethnology. Article 3 - All artefacts of scientific or artistic significance produced by the pre-Columbian population of the Republic are considered as archaeological objects.

Article 4 - No archaeological specimen may be exported without the authorization of the Department of the Interior, issued on the basis of a report by the Bureau of Ethnology.

Article 5 - In case of uncertainty as to the origin, nature or value of an archaeological specimen, the final decision shall rest with a Commission appointed by the Bureau of Ethnology of the Republic of Haiti with the approval of the Secretary of State for the Interior.


1/ Unofficial translation prepared by Unesco.








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Article 6 - Archaeological objects discovered by individuals shall be declared to the Bureau of Ethnology of the Republic of Haiti. This Bureau shall appoint, with the authorization of the Secretary of State for the Interior, a competent Commission which shall draw up an inventory on behalf of the State and shall decide whether the aforesaid objects shall be included in the national collections. The State reserves the right to retain any specimen which is recognized as being unique or of major scholarly interest.

Article 7 - No archaeological excavation may he undertaken without the authorization of the Secretary of State for the Interior, who shall grant the necessary permission on the recommendation of the Bureau of Fthnology of the Republic of Haiti solely to Haitian or foreign institutions of recognized scholarly authority and to Haitian or foreign nationals representing scholarly institutions or associations with a well-established reputation.

Article 8 - The State reserves the right to send to the excavation site a representative, to be nominated by the Bureau of Ethnology of the Republic of H1aiti in consultation with the Secretary of State for the Interior.

Article 9 - Any foreign archaeologist with the necessary authorization shall submit the results of his excavations to the Bureau of Fthnology, which shall list them and conserve on behalf of the State: 1. unique specimens;
2. specimens representative of series. Other specimens, after sorting, shall remain at the disposal of the institution or individual responsible for the e xc a v ation.

Article 10 - The Law requires all individuals and institutions to report the discovery or acquisition of an archaeological specimn to the Bureau of Ethnology of the Republic of Haiti.

Article 11 - Any breach of the provisions of the present decree-law shall he punished by a period of imprisonment of from six months to one year and by a fine of from 500 to 1,000 gourdes.

Article 12 - This decree-law annuls all laws, decree-laws and provisions In laws and decree-laws to the contrary, specifically Article 30 of the Law of 23 April 1940, classifying as historical monuments immovables whose conservation is In the public interest, and shall be executed by the Secretaries of State for the Interior, Public Education and Finance, in their respective areas of concern.

Lone at the National Palace, Port-au-Prince, 31 October 1941, in the 138th year of Independence,

Elie Lescot
Fy the President: The Secretary of State for the Interior:

Vely Thebaud

By authorization of the Standing Committee of the National Assembly,

Chairman of the Standing Committee of the National Assembly:


Nemours







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IN THE NAME OF THE REPUBLIC

,rhe President of the Pepubilic orders the seal of the Republic to be
affixed to the above decree-law which shall be printed, published and executed.

Done at the National Palace, Port-au-Prince, 5 November 1941, in the 138th year of Independence.



Elie Lescot