- CHAPTER 1: GENERAL PROVISIONS
- CHAPTER II: SPECIAL PROVISIONS
- Section1: Institutions Responsible for Management and Implementation
- Section 2: Protected Sites
- Section 3: Inventory
- Section 4: Classification
- Section 5: Rights of Pre-Emotion and Expropriation
- Section 6: Trade in Antiquities
- Section 7: Chance Discoveries
- Section 8: Archaeological Excavations
- Section 9: Export of Cultural Property
- Section 10: Import of Cultural Property
- Section 11: Legal Protection and Penal Clauses
- CHAPTER 3: FINAL PROVISIONS
KRAM DATED JANUARY 25, 1996
ON THE PROTECTION OF CULTURAL HERITAGE
We,
Preahbath Samdech Preah Norodom Sihanouk Varaman Reachharivong Uphatosucheat Vithipong Akamohaborasart Nikarodom Thamik Mohareachea Thireach Borommaneat Rorombopit Preah Chau Krong Kampuchear Thipdey, Having seen the Constitution of the Kingdom of Cambodia; Having seen the Kret of His majesty the King of Cambodia Samdech Preach Norodom Sihanouk Varman dated November 01, 1993 on the Appointment of the Royal Government; Having seen the Kret dated September 24, 1993 on the Appointment of the First and Second Prime Ministers; Having seen the Law on the Organization and Functioning of the Council of Ministers promulgated by Kram No.02/94 dated July 20, 1994; Having seen the Kret No.93 dated October 24, 1994 on the Reorganization of the Composition of the Royal Government of Cambodia; Having seen the Kram No. 04/NS/94 of August 10, 1994 on the Land Use Planning, Urbanization and Construction; Having seen the Kret No. NS/RKT/0295 of February 19, 1995 redefining of the Supreme Council on National Culture; Having seen the Kret of February 19, 1995 establishing the Authority for the Protection and Management of Angkor and the Region of Siem Reap (APSARA); Having seen the Kret No. 001/NS of May 28, 1994 concerning the zoning and management of the region of Siem Reap/Angkor; Upon proposal of the two Prime Ministers, and the Minister of State for Culture and Fine Arts, Land Use Planning, Urbanization and Construction,
hereby promulgate,
the Law on the Protection of Cultural Heritage adopted by the National Assembly during the fifth session of its first legislature, which reads as follows:
CHAPTER 1:
GENERAL PROVISIONS
Article 1:
The purpose of this law is to protect national cultural heritage and cultural property in general against illegal destruction, modification, alteration, excavation, alienation, exportation or importation.
Article 2:
The national cultural heritage comprises cultural property created or discovered on national territory.
Article 3:
This law shall apply to movable and immovable cultural property, whether publicly or privately owned, whose protection is in the public interest.
Except as otherwise provided elsewhere in this law, it shall apply only to cultural property that forms part of the national cultural heritage.
Article 4:
For the purposes of this law, cultural property is considered to be any work produced by human agency and any natural phenomenon of a scientific, historic, artistic or religious nature which bears witness to a certain stage in the development of a civilization or of the natural world and whose protection is in the public interest.
Specific cultural property is to be registered by Anukret.
CHAPTER II:
SPECIAL PROVISIONS
Section1: Institutions Responsible for Management and Implementation
Article 5:
The Supreme Council on National Culture is responsible for policy formulation in the domain of national cultural property, in particular in view of protecting and enhancing the national cultural heritage. The Ministry of Culture and Fine Arts is responsible for policy implementation.
However in the Angkor/Siem Reap region, the Authority for the Protection and Management of Angkor and the Region of Siem Reap, called APSARA, is responsible for the protection, the preservation and the enhancement of the national cultural heritage.
Coordination of work carried out jointly by the Ministry of Culture and Fine Arts and concerned institutions is to be defined by Anukret.
Section 2: Protected Sites
Article 6:
Protected sites containing archaeological reserves or other sites of archaeological, anthropological or historic interest may be established.
The boundaries of such protected sites shall be defined by kret at the proposal of the SCNC.
Section 3: Inventory
Article 7:
Listing in the inventory consists of keeping a record of public and private cultural property which, while not necessarily requiring immediate classification, is nonetheless of some importance from a scientific, historical, artistic or religious point of view.
Article 8:
Inscription in the inventory shall be made by a decision of the competent authority according to Article 5.
Article 9:
Inscription in the inventory shall place an obligation on the owner or holder of the property to inform the competent authority one month prior to taking any action to alienate, move, destroy, modify, alter, repair or restore the property. The competent authority may oppose such action only by initiating the procedure for classification.
Article 10:
Inscription in the inventory shall be null and void unless it is followed by a proposal for classification in the six months following notification thereof.
Section 4: Classification
Article 11:
Classification is the registration of public or private cultural property which has already been inventoried and whose protection is in the public interest from a scientific, historical, artistic or religious point of view.
Article 12:
A proposal for classification shall be made by the competent authority, which shall duly notify the owner or holder of the property.
Article 13:
The proposal for classification shall be null and void unless it is followed by a decision to classify in the twelve months following notification.
Article 14:
Classification shall be made by a decision of the competent authority. The competent authority must take a decision within three months after having notified the owner or holder of the property of the proposal to do so.
Article 15:
The owner or holder of the property shall be notified of the classification and, where appropriate, the Land Conservation Department (the department responsible for managing the Land Register) shall also be notified.
Article 16:
In the absence of the owner’s consent, the classification shall be made automatically.
Article 17:
Classification may give rise to the payment of an indemnity in order to compensate for any loss likely to be caused. The request must be submitted to the competent authority within three months of the notification of the classification decision. The amount of the indemnity shall be set by the competent authority. Any objections concerning the decision as to entitlement or as to the amount of the indemnity shall be brought before the appropriate judicial authorities.
Article 18:
The competent authority shall draw up a list of cultural property classified at the end of each year.
That list, organized by Province and published in an official Gazette, shall indicate: The nature of the cultural property classified, The place where it is located, The surnames and first names of its owner, The date of classification. Article 19:
Classified cultural property is imprescriptable.
Article 20:
Any classified cultural property of public ownership or belonging to public legal entities is inalienable.
Article 21:
Anyone who alienates private cultural property proposed for classification or already classified shall, on pain of nullity of the act of alienation: Inform the beneficiary of the status of the property before completion of the act of alienation, Inform the competent authority within fifteen days of the act of alienation by communicating to it the surname, first name and domicile of the person to whom ownership of the property has been transferred, as well as the date of the alienation. Article 22:
The alienation of materials or fragments illegally removed from cultural property that has been classified or proposed for classification, and likewise any act resulting in the transfer of possession or control of such materials or fragments to a third party, shall be null and void. Any such third parties jointly responsible with the owners for returning the materials or fragments conveyed to them to their place of origin shall not be entitled to compensation from public entities.
Article 23:
No cultural property that has been proposed for classification or classified may be moved, destroyed, modified, altered, or subjected to repair or restoration work without the authorization of the competent authority, who shall lay down the conditions for such work and monitor its progress.
Article 24:
Any owner who requests authorization to alter, repair or restore cultural property that has been proposed for classification or classified must submit to the competent authority all the relevant plans, projects and documents.
Article 25:
The owner of a classified cultural property shall be responsible for ensuring its protection.
Any expenses resulting from the restoration, repair or maintenance of the property shall be borne by the owner. Such expenses may be reimbursed in part, by the competent authorities. Full reimbursement is subject to decision of the Council of Ministers.
Article 26:
The competent authority shall examine any urgent repair or restoration proposed on classified cultural property. Final decision on such work will be made by the Council of Ministers. The owner of the said property may not oppose the execution of such work.
Article 27:
The consequences of classification shall take full effect from the date of notification of the proposal for classification. The consequences shall apply to the property notwithstanding any change of ownership.
Section 5: Rights of Pre-Emotion and Expropriation
Article 28:
The competent authority may exercise a right of pre-emotion over the sale of any cultural property that has been inscribed in the inventory, proposed for classification or classified. Any person intending to sell a property mentioned in the previous paragraph must inform the competent authority thereof thirty days in advance
Article 29:
Within thirty days from the date of reception of the information mentioned in Article 28, paragraph 2, the competent authority shall notify the owner of its decision to purchase the property offered for sale on the conditions and at the prices set or to renounce acquisition.
The absence of a reply on expiration of the aforementioned thirty days period is deemed to imply that the use of the right of pre-emotion has been relinquished.
Article 30:
Immovable cultural property that is inscribed in the inventor, proposed for classification or classified may be expropriated by the competent authority in the manner provided by the law on expropriation in the public interest.
Section 6: Trade in Antiquities
Article 31:
Trade in antiquities shall be authorized, on the conditions stipulated in this law after approval by the competent authority. Procedures concerning this trade are to be defined by Anukret.
Article 32:
Trading permits shall include the surname, first name and residence of the dealer, his or her qualifications, the types of object subject to trade, and shall state precisely where the dealer wishes to trade. This permit is valid for one year, renewable annually, and is inalienable.
Article 33:
All authorized dealers shall be bound by the following obligations:
a. to display a notice at the entrance to their sales premises stating they are authorized to sell cultural property;
b. not to place any cultural property intended for sale outside the premises in which they are authorized to conduct their activity;
c. to keep detailed records of the cultural property that they possess, and of day-to-day sales and purchases;
d. to make the records mentioned in (c) available to inspectors whenever requested to do so;
e. to display in a prominent position on the sales premises the provisions of this law concerning the export of cultural objects;
f. to show any cultural property in their possession to inspectors during an inspection;
g. to provide inspectors with a photograph of any cultural object in their possession, or to allow them to photograph the cultural object if they so wish;
h. to assist inspectors and facilitate their work during an inspection;
i. to inform the competent authority of any removal of sales premises to another site.
Article 34:
Inspectors may, whenever they deem inspection to be appropriate, enter and inspect the sales premises, examine and itemize the cultural objects located there and consult the records. They also have the right to inspect the residence of the dealer if this is used for storage or as sales premises under the terms of the permit issued to the dealer.
Article 35:
The competent authority may with draw the permit to deal in cultural property if it becomes apparent that the holder thereof is neglecting or violating any one of the holder’s obligations, or if the holder has been sentenced by the relevant court for breach of the provisions of this law.
Article 36:
Following withdrawal of the permit in accordance with the provisions of Article 35, the dealer must cease purchasing cultural objects.
The dealer shall be authorized to sell cultural property still in the possession of the dealer for a further period not exceeding six months.
Section 7: Chance Discoveries
Article 37:
When construction work or any other activity bring to light cultural property such as monuments, ruins, ancient objects, remains of inhabited sites, ancient burial sites, engravings or any property likely to be of interest in the study of prehistory, history, archaeology, ethnology, paleontology or other branches of science dealing with the past or of human sciences in general, the person finding the property and the owner of the site where it was discovered are obliged to stop the construction work and immediately make a declaration to the local police, who shall transmit it to the Governor of the province without delay. The Governor shall in turn in turn inform the competent authority and shall take the measures necessary to ensure the protection of the objects and the site.
Article 38:
The competent authority shall, within thirty days of the declaration mentioned in Article 37, announce the temporary suspension of the work and the safeguarding measures to be taken. If no such measures are announced within that time limit, the effects of temporary suspension shall no longer apply. The competent authority shall decide on the permanent measures to be taken concerning chance discoveries.
Article 39:
Movable cultural property found by chance is public property. The competent authority shall provide within three weeks a reward to the finder of the discovery, the amount of which is to be fixed by agreement or by expert opinion.
Section 8: Archaeological Excavations
Article 40:
No one may carry out excavations or surveys, on land or under water, for the purpose of bringing to light cultural property likely to be of relevance to the study of prehistory, history, archaeology, ethnology, paleontology or other branches of science dealing with the past or of human sciences in general, without the prior authorization of the competent authority.
Article 41:
Only scientific institutions whose expertise is recognized and which have the necessary experience and financial resources may be empowered to carry out excavations. Foreign scientific institutions that have been granted excavation authorization must associate national scientific institutions in their work.
Article 42:
Any scientific institution that has been granted authorization for excavation must: