Paris, April 1999

Original: English

The States Parties to the present Convention,

Acknowledging the importance of underwater cultural heritage as an integral part of the cultural heritage of humanity and a particularly important element in the history of peoples, nations, and their relations with each other concerning their shared heritage;

Noting growing public interest in underwater cultural heritage;

Aware of the fact that underwater cultural heritage is threatened by unsupervised activities not respecting fundamental principles of underwater archaeology and the need for conservation and research of underwater cultural heritage;

Aware further of increasing commercialisation of efforts to recover underwater cultural heritage and availability of advanced technology that enhances identification of and access to wrecks;

Conscious also of growing threats to underwater cultural heritage from various other activities, namely exploitation of natural resources of various maritime zones, construction, including construction of artificial islands, installation and structures, laying of cables and pipelines;

Believing that cooperation among States, marine archaeologists, museums and other scientific institutions, salvors, divers and their organizations is essential for the protection of underwater cultural heritage;

Considering that exploration, excavation, and protection of underwater cultural heritage necessitates the application of special scientific methods and the use of suitable techniques and equipment as well as a high degree of professional specialisation, all of which indicates a need for uniform governing criteria;

Recognizing that underwater cultural heritage should be preserved for the benefit of humankind, and that therefore responsibility for its protection rests not only with the State or States most directly concerned with a particular activity affecting the heritage or having an historical or cultural link with it, but with all States and other subjects of international law;

Bearing in mind the need for more stringent measures to prevent any clandestine or unsupervised excavation which, by destroying the environment surrounding underwater cultural heritage, would cause irremediable loss of its historical or scientific significance;

Realizing the need to codify and progressively develop rules relating to the protection and preservation of underwater cultural heritage in conformity with international law and practice, including the United Nations Convention on the Law of the Sea of 10 December 1982;

Convinced that information and multidisciplinary education about underwater cultural heritage, its historical significance, serious threats to it, and the need for responsible diving, deep-water exploration and other activities affecting it, will enable the public to appreciate the importance of underwater cultural heritage to humanity and the need to preserve it; and

Committed to improving the effectiveness of measures at international and national levels for the preservation in place or, if necessary for scientific or protective purposes, the careful removal of underwater cultural heritage that may be found beyond the territories of States;

Have agreed as follows:

For the purposes of this Convention:

1. (a) "Underwater cultural heritage" means all traces of human existence underwater for at least 100 years, including:

(b) Notwithstanding the provision of paragraph 1(a), a State Party may decide that certain traces of human existence constitute underwater cultural heritage even though they have been underwater for less than 100 years.

2. Underwater cultural heritage shall be deemed to have been "abandoned":

4. "States Parties" means States which have consented to be bound by this Convention and for which the Convention is in force.

1. This Convention applies to underwater cultural heritage which has been abandoned according to Article 1, paragraph 2.

2. This Convention shall not apply to the remains and contents of any warship, naval auxiliary, other vessel or aircraft owned or operated by a State and used, at the time of its sinking, only for non-commercial purposes.

States Parties shall preserve underwater cultural heritage for the benefit of humankind.

1. States Parties, in the exercise of their sovereignty, have the exclusive right to regulate and authorise activities affecting underwater cultural heritage in their internal waters, archipelagic waters and territorial sea.

2. Without prejudice to other international agreements and rules of international law regarding the protection of underwater cultural heritage, States Parties shall take all necessary measures to ensure that, at a minimum, the operative provisions of the Charter be applied to activities affecting underwater cultural heritage in their internal waters, archipelagic waters and territorial sea.

1. States Parties shall require the notification of any discovery relating to underwater cultural heritage occurring in their exclusive economic zone or on their continental shelf.

2. States Parties may regulate and authorize all activities affecting underwater cultural heritage in the exclusive economic zone and on the continental shelf, in accordance with this Convention and other rules of international law.

3. In authorizing any such activities, States Parties shall require compliance, at a minimum, with the operative provisions of the Charter, in particular taking into account the needs of conservation and research, including the need for re-assembly of a dispersed collection, as well as public access, exhibition and education.

4. States Parties may deny authorization for the conduct of activities affecting underwater cultural heritage having the effect of unjustifiably interfering with the exploration or exploitation of their natural resources, whether living or not living.

5. States Parties shall make punishable all breaches of the terms of permits authorizing the conduct of activities affecting underwater cultural heritage.

1. No State Party shall allow use of its territory, including its maritime ports and off-shore terminals, or other area under its jurisdiction such as the continental shelf or exclusive economic zone, in support of any activity affecting underwater cultural heritage and inconsistent with the operative provisions of the Charter.

2. This provision shall apply to any such activity beyond that State’s territorial sea but not within an area over which another State exercises controls over exploration, excavation and management of the under water cultural heritage in accordance with Article 5 (2) of this Convention unless requested by that State.

1. A State Party shall take such measures as may be necessary to ensure that its nationals and vessels flying its flag do not engage in any activity affecting underwater cultural heritage in a manner inconsistent with the principles of the Charter.

2. Measures to be taken by a State Party in respect of its nationals and vessels flying its flag may include, among others, the establishment of regulations:

(a) to prohibit activities affecting underwater cultural heritage in areas where no State Party exercises its jurisdiction under Article 5 otherwise than in accordance with the terms and conditions of a permit or authorization granted in compliance with the provisions of the Charter;

(b) to ensure that they do not engage in activities affecting underwater cultural heritage within the exclusive economic zone or continental shelf of a State Party which exercises its jurisdiction under Article 5, in a manner contrary to the laws and regulations of that State.

1. A State Party may provide for the issuance of permits, subject to compliance with the operative provisions of the Charter, allowing entry into its territory of underwater cultural heritage.

2. Should an excavation or retrieval of underwater cultural heritage occur without a prior authorization of a State Party, the State Party may issue permits allowing entry of such underwater cultural heritage into its territory, provided that excavation and retrieval activities have been conducted in accordance with the operative provisions of the Charter.

1. Subject to Article 8, each State Party shall provide for the seizure of underwater cultural heritage excavated or retrieved in a manner not in conformity with the operative provisions of the Charter, which is brought to its territory, either directly or indirectly.

2. A State shall seize underwater cultural heritage known to have been excavated or retrieved from the exclusive economic zone or the continental shelf of another State Party exercising control of those areas in accordance with Article 5 paragraphs 2 to 5 above only after the request or with the consent of that State.

1. Each State Party shall impose criminal or administrative sanctions for importation of underwater cultural heritage which is subject to seizure under Article 9.

2. State Parties agree to cooperate with each other in the enforcement of these sanctions. Such cooperation shall include but not be limited to, production and transmission of documents, making witnesses available, service of process and extradition.

1. Each State Party undertakes to record, protect and take all reasonable measures to conserve underwater cultural heritage seized under this Convention.

2. Each State Party shall notify its seizure of underwater cultural heritage under this Convention to any other State Party which is known to have a cultural heritage interest therein.

1. A State Party which has seized underwater cultural heritage shall decide on its ultimate disposition for the public benefit taking into account the needs of conservation and research, including the need for re-assembly of a dispersed collection, as well as public access, exhibition and education, and the interests of those States which have expressed a national heritage interest in it.

2. States Parties shall provide for the non-application of any internal law or regulation having the effect of providing commercial incentives or any other reward for the excavation and removal of underwater cultural heritage.

1. Whenever a State Party has expressed a national heritage interest in particular underwater cultural heritage to another State Party, the latter shall consider collaborating in the investigation, excavation, documentation, conservation, study and cultural promotion of the heritage.

2. To the extent compatible with the purposes of this Convention, each State Party undertakes to share information with other States Parties concerning underwater cultural heritage, such as but not limited to, discovery of heritage, location of heritage, heritage excavated or retrieved contrary to the operative provisions of the Charter or otherwise in violation of international law, pertinent scientific methodology and technology, and legal developments relating to heritage.

3. Whenever feasible, each State Party shall use appropriate international databases to disseminate information about underwater cultural heritage excavated or retrieved contrary to the Operative provisions of the Charter or otherwise in violation of international law.

Any discovery of underwater cultural heritage in the Area, as defined in Article 1, paragraph 1(1) of the United nations Convention on the Law of the Sea, shall be reported by the finder to the Secretary-General of the International Seabed Authority, which shall transmit the information to the Director-General of the United Nations Educational, Scientific and Cultural Organization.

Each State Party shall endeavour by educational means to create and develop in the public mind a realisation of the value of the underwater cultural heritage as well as the threat to this heritage posed by violations of this Convention and non-compliance with the Charter.

States Parties shall take measures to further research in accordance with the operative provisions of the Charter by providing training in underwater archaeological investigation and excavation methods and in techniques for the conservation of underwater cultural heritage, or by encouraging the competent bodies or organizations to do so.

1. States Parties may call upon the UNESCO for technical assistance concerning underwater cultural heritage as regards information and education, consultation and expert advice, co-ordination and good offices, or in connection with any problem arising out of the application of the present Convention or the operative provisions of the Charter.

2. The Organization shall accord such assistance within the limits fixed by its programme and by its resources.

3. The Organization may, on its own initiative, conduct research and publish studies on matters relevant to the protection of the underwater cultural heritage.

1. In order to ensure effective implementation of this Convention, States Parties undertake to expand the activities of existing competent national services or, if appropriate, to establish national services for that purpose.

2. National services should actively encourage the participation of interested

persons in preservation and study of the underwater cultural heritage and in support of archaeological research. This participation is subject to the authorization and control of the national service concerned and must respect the operative provisions of the Charter.

3. States Parties shall establish an internal procedure or procedures for resolving disputes concerning whether or not an activity affecting underwater cultural heritage is in conformity with the operative provisions of the Charter.

Any dispute between two or more States Parties concerning the interpretation or application of the present Convention or the operative provisions of the Charter and not settled by negotiation shall, at the request of any of the parties to the dispute, be submitted to arbitration. If the States Parties are unable to agree on the constitution of the arbitral tribunal within six months from the date of the request for arbitration, any of the parties to the dispute may refer the dispute to the International Court of Justice.

1. Member States of UNESCO, as well as Non-Member States of UNESCO which have been invited by the Executive Board of UNESCO to become Parties, may become Parties to this Convention by depositing with the Director-General of UNESCO an instrument of ratification, acceptance, approval or accession.

2. The Convention shall enter into force three months after the deposit of the fifth instrument referred to in paragraph 1, but solely with respect to the five States that have so deposited their instruments. It shall enter into force for each other State three months after that State has deposited its instrument

No reservations or exceptions may be made to this Convention.

1. A State Party may, by written communication addressed to The Director-General of UNESCO, propose amendments to this Convention. The Director-General shall circulate such communication to all States Parties. If, within six months from the date of the circulation of the communication, not less than one half of the States Parties reply favourably to the request, the Director-General shall present such proposal to the General Conference of the UNESCO for adoption

2. Once adopted, amendments to this Convention shall subject to ratification, acceptance, approval or accession by the States Parties, unless otherwise provided in the amendment itself.

3. Articles 20, 21 and 23 shall apply to all amendments to this Convention.

4. Amendments to this Convention shall enter into force for the States Parties accepting or acceding to them three months after the deposit of the instruments referred to in paragraph 2 by two thirds of the States Parties. Thereafter, for each other State Party it shall enter into force three months after the deposit of its instrument.

5. An amendment may provide that a smaller or a larger number of acceptances or accessions shall be required for its entry into force than are required by this article.

6. A State which becomes a Party to this Convention after the entry into force of amendments in accordance with paragraph 4 shall, failing an expression of different intention by that State:

1. A State Party may, by written notification addressed to Director-General of UNESCO, denounce this Convention.

2. The denunciation shall take effect twelve months after the date of receipt of the notification, unless the notification specifies a later date.

3. The denunciation shall not in any way affect the duty of any State Party to fulfil any obligation embodied in this Convention to which it would be subject under international law independently of this Convention.

1. The operative provisions of the Charter annexed to this Convention form an integral part of it, and, unless expressly provided otherwise, a reference to this Convention or to one of its Parts includes a reference to the operative provisions of the Charter relating thereto.

2. The Charter may be revised from time to time by the International Council of Monuments and Sites. Revisions of the operative provisions shall be deemed to be revisions of the annexed operative provisions. The Director-General of the United Nations Educational, Scientific and Cultural Organization shall notify all States Party to this Convention of the text of such revisions. States Parties shall be bound by the revisions, except those State Parties that notify the depositary of their non-acceptance in writing. Such notification shall be made within six months after the receipt of the notification of the text of revisions.

3. A State which becomes a Party to this Convention after the adoption of amendments to the operative provisions of the Charter in accordance with paragraph 2 shall:

This Convention has been drawn up in Arabic, Chinese, English, French, Russian and Spanish, the six texts being equally authoritative.