UNESCO-MONACO COOPERATION

Capacity-Building for the Fight Against the Illicit Trafficking

of Cultural Objects in Mongolia

2003
POLICY RECOMMENDATIONS
2011

CONTENTS

01 Preface
02 Introduction
03

2003 Sub-Regional Workshop Recommendations

05

2003 Mongolian Recommendations

07

Review of the 2003 Mongolian Recommendations

13

2011 Mongolian Recommendations

16

Appendix

The theft, pillage and illicit trade in artefacts are the

outright negation of peoples. They reduce history to the level
of merchandise. They are seriously detrimental, and often
irreversibly so, to the collective memory, social cohesion and
mutual enrichment...The fight against this trafficking is a
shared responsibility and each of us must play our part.

---Irina Bokova (Director-General UNESCO)

Cultural property is a treasured record of our collective

past. With the illicit traffic of cultural heritage, it is
Mongolias identity and sense of history that are also at risk.

---Gundegmaa Jargalsaikhan
(Secretary-General of Mongolian National Commission for UNESCO)

United Nations
Educational, Scientific and
Cultural Organization

Preface
In a period of rapid changes, globalization and open-market
economy, it is becoming absolutely evident that Mongolia needs
to intensify its fight against the illicit trafficking of cultural objects
and raise it up to international standards. The increasing scale of
illicit trafficking of cultural objects such as paleontological and
archeological findings is a major concern not only for Mongolia
but for the worldwide community.
Capacity-building of professionals, public awareness, sound legal
environment, and cooperation among domestic and international
organizations are the main issues to tackle to sustainably and
efficiently improve the protection of Mongolias cultural
heritage. In this regard the UNESCO/Monaco Funds-in-Trust
Project Capacity-Building for the Fight Against Illicit Trafficking
of Cultural Objects in Mongolia made immense contributions.
Within the framework of the above mentioned project, our
professionals reviewed the 2003 Mongolian Recommendations
which laid the policy road map to fight the illicit trafficking of
cultural objects in Mongolia. In addition, national and
international experts compiled the 2011 Recommendations
addressed
to
the
Mongolian
government,
whose
follow-up and implementation are of utmost importance.
I wish to address my sincerest gratitude on behalf of the
Mongolian people and Government to the Principality of
Monaco for its generous support, to UNESCO Beijing Office
and to all those who offered their contributions to successfully
implement this project in our country. Thank you all.
May the fight against the illicit trafficking of cultural objects
always win.

Gundegmaa Jargalsaikhan
Secretary-General of Mongolian National Commission for UNESCO

Introduction
Due to globalization and following the relative
decrease of political and economic barriers in
the internationalization of trade and tourism,
the illicit traffic of cultural property remains an
unremitting
international
concern.
Furthermore, the ease in communication and
transport at a global level and the widespread use
of high-technologies has widely contributed
to the increase in the illicit trade
of arts and cultural objects.
The issue is particularly blatant in Asia, where
governments often lack the resources to
adequately fund the protection of cultural
heritage,
including
paleontological
and
archeological research, protect treasures from
plunder and looting, and sensitize the local
population to the value of its historical and
cultural record.

Renowned international professors and experts

from INTERPOL, the Carabinieri Department
for the Protection of Cultural Heritage and
other institutions and organizations conducted the training workshops in which over 130
Mongolians participated: customs officers,
policemen, museum curators, private collectors,
cultural workers, researchers, social workers
and school teachers all improved their capacity
and knowledge in the area.

This dangerous practice triggered a national

dialogue in the country about ultimately
stopping the illegal transfer of antiquities,
recognizing the grave current situation of
cultural heritage protection mechanisms in
Mongolia.

In addition to the capacity-building efforts, a

review of existing policies and actions
in the field of illicit trafficking of cultural
property was undertaken for Mongolia. A
group of experts from the former Ministry of
Education, Culture, and Science, the
National Legal Institute, the State Specialized
Inspection Agency and Criminal Police
Department undertook a review of the 2003
Mongolian Recommendations, (covering the
period 2003-2011) which were developed from
the 2003 UNESCO Sub-Regional Workshop
Recommendations.

Capacity-building of professionals, public

awareness, a sound legal environment, and
cooperation among domestic and international organizations are the main aspects to be
improved for the efficient fight against illicit
trafficking of cultural objects in Mongolia.

Based on the findings of this review as

well as comments solicited during the 6
workshops, the group of experts compiled the
2011 Mongolian Recommendations to act as a
useful guideline and policy road map for
Mongolian authorities and relevant stakeholders.

The increase of the illicit trafficking of cultural

properties worldwide has made the protection
and preservation of Mongolian antiquities a
matter of national and also international concern.

Within this context, six workshops were

successfully organized from 2010 to 2011 under
the UNESCO/Monaco Funds-in-Trust Project
entitled Capacity-Building for the Fight Against
the Illicit Trafficking of Cultural Objects in
Mongolia.

Traditional knife set: knife, flint and pendants

2003 Sub-Regional Workshop Recommendations

In 2003, the UNESCO Beijing Office and the Mongolian
National Commission for UNESCO organized in
Ulaanbaatar the Sub-Regional Workshop on the Illicit
Traffic of Cultural Property.
The workshop was attended by 70 delegates from the
Peoples Republic of China, Japan, The Republic of Korea,
The Democratic Peoples Republic of Korea, and Mongolia
as well as by a team of international experts.
It provided the opportunity to exchange the best
practices and examine methods of improvement
concerning the pressing issues of management,
conservation and protection of cultural objects, the
return or restitution of illegally exported items, and fighting
against illicit traffic.
Learning from past experiences and exploring potential
avenues to solve these issues, the participants of the
workshop agreed on a series of recommendations
addressed to the East Asia region, outlined below.

2003 Sub-Regional Workshop Recommendations

We the participants of the UNESCO Semi-Regional Workshop on the Illicit Traffic of Cultural
Property held from 30-31 October, 2003, in Ulaanbaatar, Mongolia, and organized by UNESCO
and the Mongolian National Commission for UNESCO,
Having considered in depth the various issues relating to the protection, management, return
or restitution of cultural property to its country of origin, and the problem of illicit trafficking of
cultural property, whether criminal or otherwise illegal and the prevention thereof, as well as
the ways of ensuring the return of such property after it has been located and identified,
Invite States that have not already done so to become Party to the Convention of Cultural
Property in the Event of Armed Conflict 1954 and its two Protocols (1954 and 1999), the
UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and
Transfer of Ownership of Cultural Property (1970), the UNIDROIT Convention on Stolen or
Illegally Exported Cultural Objects (1995), and the UNESCO Convention on the Protection of the
Underwater Cultural Heritage (2001).
Recommend to States and those dealing with these issues, notably museum and archive
professionals, police and customs officials and non-governmental organizations to:
1. Promote international, regional and bilateral cooperation for the exchange of information
relating to cultural objects whether illicitly trafficked or displaced as a result of armed
conflict, occupation, or colonial practices and in doing so consider using available regional
collaborative frameworks;
2. Implement campaigns aimed at raising awareness of the general public decision makers,
law enforcement officers and local communities of the importance of the protection of
cultural property, and especially the problem of its illicit traffic;

3. Ensure the compatibility of relevant national legislation with international law in force;
4. Clarify ownership of cultural property for effective enforcement of national legislation and
declare in such legislation State ownership of un-excavated cultural property so as inter alia
to facilitate its recovery in foreign jurisdictions and to support prosecution of persons that
deal in stolen, illegally excavated or illicitly trafficked cultural property;
5. Invite the Director General of UNESCO to facilitate the making of a comparative analysis
of national cultural heritage legislation in the North-East Asian sub-region and to develop
illustrative, selected world-wide case studies of the return of cultural property to assist in
capacity building;
6. Elaborate specialized training programs on legal protection and security measures for
cultural heritage directed to museum professionals, police and customs officials,
emphasizing the need to respond rapidly to requests for information on specific cultural
property;
7. Encourage the use of all means available to locate, identify and repatriate stolen or illicitly
trafficked cultural property including, but not limited to, the use of Object ID and cultural
property databases, the sharing of information on the Internet and the use of networks
such as INTERPOL, the International Council of Museums (ICOM), the International
Foundation for Art Research (IFAR), the International Council on Archives (ICA), the
International Federation of Library Associations (IFLA) and the World Customs
Organization (WCO);
8. Facilitate efficient cooperation among the services involved in the protection of cultural
property on an organization basis by, inter alia, establishing a national unit or committee
including representative of authorities concerned with the protection of cultural
property (for example, police and customs officers, antiquities authorities, Ministry of Culture,
Ministry of Justice) to work together in the fight against the illicit traffic of cultural property
and to ensure that contact details of the committee are forwarded to UNESCO to enable
effective communication.

Antiquity trade is booming business in Mongolia

2003 Mongolian Recommendations

The above 2003 Sub-Regional Workshop
Recommendations were further developed
into Mongolian Recommendations to address

specific concerns pertaining to Mongolia and

relevant to the Mongolian authorities and
stakeholders.

2003 Mongolian Recommendations

We the participants of the Semi-Regional Workshop on the Illicit Traffic of Cultural Property
held on 30-31 October, 2003 in Ulaanbaatar, Mongolia, and organized by the UNESCO Beijing
Office and the Mongolian National Commission for UNESCO,
Based on the 1970 UNESCO Convention on the Prohibiting and Preventing the Illicit Export, Import and Transfer of the Ownership of Cultural Property and the 1995 UNIDROIT
Convention on the Stolen or Illegally Exported Cultural Objects,
Recommend to the Government of Mongolia to:
1. Ensure the compatibility of relevant legislation of Mongolia with respective UNESCO
guidelines, recommendations and international conventions introducing amendments or
developing new statutes;
2. Promote the ratification of the 1995 UNIDROIT Convention and the 2001 UNESCO
Convention on the Protection of the Underwater Cultural Heritage in the potential short run;
3. Constitute bilateral or multilateral agreements on return or restitution of stolen and
illicitly exported cultural property to its country of origin and promote relevant preventative
measures;
4. Review the issue of antiquity trade in order to improve the control of illicit trafficking of
historical and cultural property and amend the Law of Special Licensing of Economic
Activities;
5. Elaborate and implement specialized training and cognitive programmes for the
enhancement of knowledge and education directed at the staff of the relevant professional
agencies (customs, police, museums, archives, etc.) and the public in order to intensify the
combating of illicit trafficking in cultural property;
6. Facilitate efficient cooperation and the sharing of information among international
institutions such as INTERPOL, International Council of Museums (ICOM), International
Council on Monuments and Sites (ICOMOS), World Customs Organization (WCO), etc.,
to locate, identify and repatriate illicitly trafficked or stolen cultural property and provide
those organizations with information on relevant Laws of Mongolia, Export and Import
Permit, and Certificate etc.;
7. Establish an Information Database on locating, identifying and registering illicitly trafficked
or misplaced cultural property of Mongolia and establish a national unit or committee
including representatives of authorities concerned with the protection of cultural property
(for example, relevant ministries, police or customs officers, researchers and the public)
for the responsibility of researching and ensuring the organization of restitution of such
property;
8. Establish an information network among the relevant state institutions based on the state
registration and information database and ensure they are updated;

9. Improve the safeguarding of historical and cultural property sites and customs control
ensuring appropriate equipment;
10. Provide financial support to establish a consolidated registration and information database
for the cultural objects of Monasteries.

Green Tara of Zanabazar school stolen from West Choir Monastery in 2011, Tsagaandelger soum, Dundgovi Province.

Review of the 2003 Mongolian Recommendations

Within
the
framework
of
the
UNESCO/Monaco
Funds-in-Trust
Project
Capacity-Building for the Fight Against
the Illicit Trafficking of Cultural Objects in
Mongolia, a review of the 2003 Mongolian
Recommendations
was
carried
out
recommendation by recommendation.
Their subsequent implementation determined
the current status of the fight against the illicit
trafficking of cultural objects in Mongolia, and
specifically the progress that has been made
since the 2003 Mongolian Recommendations.
Each paragraph in total 10 has been reviewed
and updates have been provided.
National experts considered that Mongolian
authorities had made significant progress, in
particular to enhance the comprehensiveness of

the legislative framework and in the

improvement of capacities in museums in
Ulaanbaatar.
However, the team of national experts
unanimously agreed that the legislative
framework should be further improved to
meet international standards; that awareness
about the issue of illicit trafficking should
be better raised in particular in Mongolian
Provinces and that mechanisms at the national
level should be established to facilitate
cooperation.
In light of this, a set of new (2011)
recommendations was put together reflecting
issues identified during the review as well as
ideas solicited from the workshop participants.

Review 2003-2011
1. Ensure the compatibility of relevant
legislation of Mongolia with respective
UNESCO guidelines, recommendations
and
international
conventions
introducing amendments or developing
new statutes

by updating an accountability system for the

violation of laws.

The Law on the Protection of Cultural Heritage

was amended two times in 2004 and 2005 since
the 2003 Mongolian Recommendations were
issued.

Also, The Main Guidelines Towards

Enhancing the Laws of Mongolia by 2012 was
approved by Resolution No. 38 by the Parliament
of Mongolia in 2009. The Resolution prescribed
that an Amendment Bill to the Law on the
Protection of Cultural Heritage was to be
submitted to Parliament.

The amendment ratified in 2004 to the Law on

the Protection of Cultural Heritage introduced
a new feature on Cultural Heritage Control to
the Law. This amendment gave the governor
of soums and districts the right to conclude
an agreement with local citizens and relevant
officials on bearing their responsibilities for
protecting the historical and cultural
properties and reporting on illegal exploration
and excavation.
This constituted a major step towards
upgrading the legislative framework for the
protection of cultural heritage by expanding
the scope of the definition for cultural objects,
clarifying the rights and responsibilities of the
public, private organizations, and concerned
officials for the protection of historical and
cultural property in their terms of reference, and

The 2005 amendment was aimed at expanding

the scope of intangible cultural heritage and
upgrading pertinent legislative regulations.

In order to implement this Resolution and

upgrade the legislative framework for the
protection of cultural heritage, a working
group consisting of representatives from
professional, governmental, cultural, and
academic institutions was established by Decree
No.318 by the Minister for Education, Culture
and Science in 2009. This group conducted
research on law enforcement, harmonization
of national laws with internationally recognized
standards, and the necessity of introducing
amendments to the Law on the Protection of
Cultural Heritage.
Based upon the research results, proposals, and
recommendations of relevant institutions and

ministries, a Bill along with the Concept of the

Bill was introduced by the working group to
the Cabinet meeting debate. Consequently,
the Bill was submitted to the Parliament for
endorsement. The main concepts embodied in
the Bill are the following:
The definition of legal terms was redefined
and introduced as Article 2 in order to make
precise and rationalize the legal definition of
terms used in the Law;
A legal status on regulating relations in
the process of registration, protection,
conservation, research, promotion and
rejuvenation of cultural heritage was
clarified for professional institutions and
citizens;
Concepts such as World Heritage
protection and inheritance of Intangible
Cultural
Heritage
were
additionally
prescribed, as well as their social and
economic significance being simplified for
citizens;
Amending the Law on the Protection of
Cultural Heritage was one of the actions
required to fulfill the responsibilities of
the Government of Mongolia before the
international community concerning the
control on exploration and research of

mineral resources, protection of monastery

relics and artifacts and World Heritage.

In line with amending the Law on the Protection

of Cultural Heritage, amendments to the Law
on Licensing of Economic Activity, Law on the
Relationships
between
the
State
and
Monasteries, Law on Mineral Resources,
Criminal Code and Civil Code of Mongolia are
being introduced. Such comprehensive action
of amending the interrelated Laws establishes
a more comprehensive legal framework for the
protection of cultural heritage as a whole.
2. Promote the ratification of the 1995
UNIDROIT Convention and the 2001
UNESCO Convention on the Protection
of the Underwater Cultural Heritage in
the potential short run
As of 2011, the 1995 UNIDROIT Convention
and the 2001 UNESCO Convention on the
Protection of the Underwater Cultural Heritage
have not yet been ratified by Mongolia.
3. Constitute bilateral or multilateral
agreements on return or restitution
of
stolen
and
illicitly
exported
cultural property to its country of origin
and promote relevant preventative
measures

Buddha statue stolen from Govi-Altai Provincial Museum in 2011.

Group photo of the participants of normative training workshop Negotiation of Bilateral Agreements for
the Restitution of Stolen Cultural Objects in 2011.

In 2011, during the official visit of Mongolian

Prime Minister S.Batbold to the Peoples
Republic of China, an Intergovernmental
Agreement on prohibiting and preventing the
illicit export, import and theft of cultural
property and illegal excavation in cultural
landscapes was signed.
The basic principle of the agreement is that each
Party bears responsibility for preventing the
illicit export, import, and trade of cultural
property and preventing illegal excavation
in their respective country as both are State
Parties that ratified the 1970 UNESCO
Convention on the Means of Prohibiting
and Preventing the Illicit Import, Export and
Transfer of Ownership of Cultural Property.
Moreover, a draft agreement has also been
exchanged between the Government of
Mongolia and the Government of the Republic
of Cyprus.
4. Review the issue of antiquity trade in
order to improve the control of
illicit trafficking of historical and
cultural property and amend the Law of
Special Licensing of Economic Activities
In harmonization with the Amendment to the
Law on the Protection of Cultural Heritage,
amendments were proposed to the Law on
Licensing of Economic Activities along with
other relevant Laws in order to improve the
control of illicit trade of cultural property.
The Bills were introduced to the Cabinet
meeting debate and accordingly were submitted
to the Mongolian Parliament for endorsement.

According to the amendment to the Law on

Licensing of Economic Activities, trafficking of
unique valuable and invaluable historical and
cultural objects as well as antique trade refer to
the type of economic activities which are subject
to licensing.
5. Elaborate and implement specialized
training and cognitive programmes for
the enhancement of knowledge and
education directed at the staff of
the relevant professional agencies

(customs,
police,
museums,
` archives, etc.) and the public in order to
intensify the combating of illicit
trafficking in cultural property
In order to raise awareness of the illicit
trafficking of cultural objects among the staff of
the relevant professional agencies and NGOs
(police, intelligence, customs, speicalized
inspectors, scientists, and professionals),
the State Specialized Inspection agency, the
Criminal Police Department and Ulaanbaatar
Citys Crime Prevention Council organized the
workshop entitled Control on the Historical and
Cultural Objects on the 22nd of March, 2010.
This was done in the framework of the campaign
of the National Police Agency of Mongolia entitled The Fight Against the Illicit Trade Ciriculation of the Cultural and Historical Objects.
In 2010-2011, the UNESCO Office in Beijing
and the Mongolian National Commission for
UNESCO
cooperated
closely
in
the
implementation of the project funded by the
Government of the Principality of Monaco on
Capacity-Building for the Fight Against Illicit

Trafficking of Cultural Objects in Mongolia.

A series of six training workshops were held
under specific themes involving over 130
participants from a wide sphere of relevant
organizations whose functions are to protect and
conserve cultural objects.
The workshops, conducted by international and
national experts, aimed to raise public
awareness, including teachers and youth, about
the fight against the illicit trafficking of cultural
moveable property. This was achieved through
building the capacity of teachers and key staff
such as police, customs, and museum staff to
improve the role and management of museums
and to raise awareness on professional codes
of ethics and on the importance of applying the
Object ID standard form for inventories etc.
The workshops also addressed themes
such as preventing illicit export, identifying
historical
and
archaeological
findings,
investigating and researching stolen cultural
objects, and exchanging information.

10

6. Facilitate efficient cooperation and the

sharing
of
information
among
international institutions such as
INTERPOL,
International
Council
of Museums (ICOM), International
Council on Monuments and Sites

(ICOMOS),
World
Customs
Organization (WCO), etc., to locate,
identify and repatriate illicitly trafficked
or stolen cultural property, and provide
those organizations with information
on relevant Laws of Mongolia, Export
and Import Permit, and Certificate etc.
Data on crimes with regard to the illicit export
of cultural property on a national level have
been shown in the table below according to the
Annual Report of the Supreme Court of
Mongolia for 2002-2010:
Illicit Traffic of Cultural
Property Across the Border

Cooperating with INTERPOL, a number of

actions have been undertaken in the fight

against the illicit traffic of historical and cultural

objects.
For example, in accordance with a bilateral
agreement on reciprocal cooperation and
support, historical and cultural properties
stolen from the National Museum of Mongolia
are reported to the INTERPOL Stolen
Works of Art database and are investigated
internationally.
In 2009, a paleontological finding was
confiscated at a Russian Federations border
port Khyakhta from a citizen of the Republic of
Poland who was travelling from Mongolia to the
Russian Federation. The archaeological finding
was identified as a historical and cultural object
of Mongolia which was being searched for by
INTERPOL. Pertinent documents to restitute
the finding have been compiled in accordance.
7. Establish an Information Database on
locating, identifying and registering
illicitly trafficked or misplaced cultural
property of Mongolia and establish a
national unit or committee including

representatives
of
authorities
concerned with the protection of cultural
property
(for
example,
relevant
ministries,
police
or
customs

officers,
researchers
and
the
public) for the responsibility of
researching
and
ensuring
the
organization of restitution of such
property
The Ministry of Education, Culture and
Science, the State Specialized Inspection
Agency, the National Police Agency (State
Investigation Department and Criminal Police
Department),
the
General
Intelligence
Agency
and
the
Customs
General
Administration of Mongolia are cooperating
more closely and now have each designated at
least one professional staff member responsible
for the fight against the illicit trafficking of
cultural objects among their other duties. (At
the moment, The Criminal Police Department
is the only organization which employs two
full-time officers to overview the fight against
illicit trafficking.)
For example, in 2011, a working team of the
National Security Council of Mongolia with the
cooperation of the General Intelligence Agency,
Criminal Police Department, Cultural Heritage
Centre, and the State Specialized Inspection
Agency made inspections of the listed unique
valuable cultural objects nationwide. During the

Members of the National Inspection Team during the nationwide process of inventorying
unique valuable cultural objects, 2011

inspection, it was revealed that some museums

had inadequate documentation of cultural
objects and replaced the unique valuable
cultural objects with replicas.
However, as of 2011, a formal National Committee has yet to be established.
8. Establish an information network among
the relevant state institutions based on
the state registration and information
database and ensure they are updated
The Programme for Digitalizing and
Preserving
National
Cultural
Heritage
Information was approved by Government
Resolution No. 244 of 2005. Within the
implementation framework of the programme,
goals and objectives were set forth for 2006-2008
including compiling comprehensive information
on national cultural heritage, improving the
registration-information
national
database
system, creating a network by digitalizing
cultural heritage information, and establishing
an environment for the prompt exchange and
secure preservation of information.
In order to meet these objectives, consequent
actions were undertaken by the beneficiary
organizations. The beneficiary organizations
were provided with necessary supplies and
equipment
for
the
registration
and
documentation of historical and cultural
properties, connected with an online network
creating an environment for the prompt

exchange of information, and trained human

resources.
As a result, a nationwide integrated information
network was created. Between 2006 and 2008,
forty national and provincial museums were
provided with the following supplies and
equipment:
Since 2006, a Registration of Cultural
Heritage (RCH) software programme was
developed and introduced to national and
provincial
museums.
This
software
programme was revised in 2010 and the
new version, RCH 2.0, was installed in the
museums.
Thirty six beneficiary museums were
provided with complex technical equipment
including computers, digital cameras and a
photo studio for improving the registration
and information database of cultural
heritage.
National and provincial museums are being
connected to an online network and funds
for its use are allocated within the State
annual budget.
Moreover, an action to advance registration
and documentation equipment of museums was
taken by the then Ministry of Education, Culture
and Science in 2011, leading to the distribution
of high-capacity computers to the forty national
and provincial museums.

11

9. Improve the safeguarding of historical

and cultural property sites and customs
control ensuring appropriate equipment
By the Government Resolution No.244 to
implement the Programme for Digitalizing
and Preserving National Cultural Heritage
Information, a budget of about 300 million
tugrugs (corresponding to about US$ 214
thousand) was approved and allocated by the
Government of Mongolia to improve technical
supplies and equipment of the institutions where
cultural heritage collections are kept.
In order to solve pressing issues in the
preservation and protection of cultural heritage,
activities such as supplying customs institutions
with required equipment, organizing training
workshops on enhancing the knowledge of
customs frontier officers for identifying cultural
heritage and building special storage spaces for
cultural objects have been undertaken step by
step.
For instance, a temporary customs clearance
system was developed and launched to improve
the control at the frontier customs office.
The system ensures the awareness of the due

return date of cultural objects that have crossed

the customs frontier. To detect the movement
of prohibited and restricted cultural objects,
examination of passengers luggage is
performed by a large X-ray machine at
Zamiin-Uud customs frontier, with smaller X-ray
machines being used at other customs frontiers.
As a result, as of November 2011, a total of
ten cultural properties have been confiscated at
the customs frontier due to an illegal attempt of
crossing the border, and five properties were
detected as the due date for re-export was
passed.
10. Provide financial support to establish
a
consolidated
registration
and
information database for the cultural
objects of Monasteries
Within the framework of the implementation
of the Programme for Digitalizing and
Preserving
National
Cultural
Heritage
Information the Gandantegchenlin Monastery
was provided with computers and other
technical equipment for the registration and
documentation of its cultural heritage properties
in 2009.

12

Traditional furniture of Mongolian gers getting rare nowadays

2011 Mongolian Recommendations

Following the initial assessment of the 2003
Mongolian Recommendations, the team of
national experts developed a list of policy
recommendations addressed to all stakeholders
involved in the fight against the illicit trafficking
of cultural objects.
This
was
carried
out
by
soliciting
recommendations from the national participants
during each of the six workshops organized

under the UNESCO project from 2010-2011,

with input by the seven international experts
who successively conducted the training
sessions under the project.
From these two sources the team of national
experts developed the following list of policy
recommendations addressed to all stakeholders
involved in the fight against the illicit trafficking
of cultural objects.

The 20 recommendations are organized around 4 main themes:

I)
II)
III)
IV)

Strengthening the legislative framework;

Upgrading the registration and information system for cultural objects;
Enhancing security and storage environment of institutions housing cultural heritage;
Intensifying public involvement and cooperation.

2011 Mongolian Recommendations

Having considered the results of the activities undertaken within the implementation of the
Recommendations of UNESCO Sub-Regional Workshop held in Ulaanbaatar in 2003,
Considering the inputs and outcomes of the 2010-2011 UNESCO Workshops on the
Capacity-Building for the Fight Against Illicit Trafficking of Cultural Objects in Mongolia,
Recommend to the Government of Mongolia to undertake the following actions to regulate
the pressing issues in the fight against illicit traffic and the improvement of the protection and
preservation environment of cultural heritage:

I)

Enhancing the Legislative Framework and Legal Regulations

1. Ensure the cultural policy is at the centre of State policy and promote active participation of
citizens, governmental and non-governmental organizations in its implementation through
establishing a favourable economic, social and legislative environment;
2. Conduct an assessment on the status of the implementation of national legislative acts as
well as international conventions to which Mongolia is a Party;
3. Within the framework of current legislative regulations, reconsider the current sanction
status of cultural heritage crimes, increase the penal and administrative sanctions for the
violation by citizens, officials and economic entities, amend the Criminal Code of Mongolia
introducing a new article on crimes against cultural heritage;
4. Establish a system according to which a license, as in the Law on Licensing of Economic
Activity, should be issued every time historical and cultural property is exported, and an
activity report, sealed by a relevant authority, that verifies the return of previously exported
cultural objects should be required to issue an export license anew;
5. Specify the status of exporting historical and cultural property in the Regulation on Issuing
an Export License for Historical and Cultural Objects (documentation, control code,
clearance declaration), adopt the Model Export Certificate for Cultural Objects developed
jointly by UNESCO and the World Customs Organization (WCO) consistent with Article

13

6 of the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit
Export, Import and Transfer of Ownership of the Cultural Property;
6. Establish an appropriate legislative regulation for cultural heritage risk assessment;
7. Specify the legislative status, the rights and responsibilities of antique stores and dealers,
monitor antiques auctions and explicitly upgrade the legislative regulations framework for
the functioning of antiques auctions;
8. Promote the ratification of the 1995 UNIDROIT Convention on Stolen or Illegally Exported
Cultural Objects and the 2001 UNESCO Convention on the Protection of the Underwater
Cultural Heritage.

II)

Upgrading the Registration and Information System

9. Based on the national registration-information database of cultural heritage, create an

information database for locating, identifying and registering outbound historical and
cultural properties;
10. Complete a national list of illegally removed cultural objects based on the model of the
ICOM Red List of objects at risk and publicize the list at a local and international level for
relevant professionals and institutions;
11. Establish a professional and financially independent National Committee with access to
INTERPOLs Database on Stolen Works of Art, composed of public officials whose function
is to search for stolen or illicitly exported cultural objects, organize the restitution of such
properties and monitor the movement of cultural objects;
12. Improve the documentation of cultural property and organize a campaign nationwide on
cataloguing of cultural objects consistent with the Object ID international standard and
disseminate the results along with documented information to concerned institutions (law
enforcement, customs, cultural etc.) as well as to international information networks;

14

13. Create an electronic information system of historical and cultural heritage and provide
specialized inspection agencies, border protection agencies and customs offices with
pertinent information.

III)

Ensuring the security, storage and protection environment of concerned

institutions for the protection and preservation of historical and cultural
property

14. Conduct a case study on the conservation and protection of collections nationwide and
based on the study result, elaborate and adopt a national programme Mongolian Museums
Reform for the improvement of the preservation and protection of historical and cultural
property;
15. Develop guidelines, methodology and curriculum for the conservation and protection of
cultural heritage; organize thematic short or long term workshops and train professionals
for introducing international networks on the protection of cultural heritage;
16. Ensure the security of the concerned institutions for historical and cultural heritage
protection, improve their alarm and protection system standards, establish a professional
collection storage environment harmonizing with international standards; and provide
contemporary protection techniques.

IV)

Intensifying the public involvement and cooperation

17. Publish simple publications or leaflets with simpler texts promoting relevant national
legislations or produce a simplified video documentary on Unique invaluable historical
and cultural objects of Mongolia based on scientific justification to introduce the
uniqueness and value of historical and cultural heritage etc.;
18. Ensure that Mongolias entry in the UNESCOs online Database of Cultural Heritage Laws
is constantly updated, publicize legal restrictions on movements of national historical and
cultural properties for foreign museum collectors, dealers, tourists, etc;.
19. Develop a mid-term cooperation strategy on strengthening the correspondence among the
Ministry of Culture and other concerned ministries, police and customs organizations and
intensify the work of entry in integrated information network for the cooperation;
20. Develop a training module for cultural heritage trainers; organize serial regional
workshops, broadcast serial programmes through television or the Internet in order to
promote education for cultural heritage.

15
International experts from INTERPOL during their visit at the Gandantegchenlin Monastery in 2011.

Carabinieri experts with representatives of UNESCO Beijing Office,

Mongolian National Police Agency and State Investigation Department.

Appendix:
Project Resource Materials
Illicit Trafficking Information
UNESCO`s Action on the Illicit Traffic of
Cultural Property

http://www.unesco.org/new/en/
culture/themes/movable-heritage-and-museums/illicit-traffic-of-cultural-property

International Normative Instruments for the

Protection of Cultural Heritage

16

The UNESCO Convention for the Protection of Cultural

Property in the Event of Armed Conflict (1954)

http://portal.unesco.org/culture/admin/ev.php?URL_ID=35744&URL_
DO=DO_TOPIC&URL_

The UNESCO Convention on the Means of Prohibiting

and Preventing the Illicit Import, Export and Transfer of
Ownership of Cultural Property (1970)

http://www.unesco.org/new/en/
culture/themes/movable-heritage-and-museums/illicit-traffic-of-cultural-property/1970-convention/

The UNIDROIT Convention on Stolen or Illegally

Exported Cultural Objects (1995)

http://www.unidroit.org/english/
conventions/1995culturalproperty/1995culturalproperty-e.pdf

The UNESCO Convention on the Protection of the

Underwater Cultural Heritage (2001)

http://portal.unesco.org/en/ev.phpURL_ID=13520&URL_DO=DO_
TOPIC&URL_SECTION=201.html

The UNESCO Convention for the Safeguarding of the

Intangible Cultural Heritage (2003)

http://portal.unesco.org/en/ev.phpURL_ID=17716&URL_DO=DO_
TOPIC&URL_SECTION=201.html

The UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions (2005)

http://portal.unesco.org/en/ev.phpURL_ID=31038&URL_DO=DO_
TOPIC&URL_SECTION=201.html

Guide Documents - Codes of Ethics and

International Standards
UNESCO Handbook, Legal and Practical Measures
Against Illicit Trafficking in Cultural Property

http://unesdoc.unesco.org/images/0014/001461/146118e.pdf

UNESCO-WCO Model Export Certificate

http://www.unesco.org/new/
en/culture/themes/movable-heritage-and-museums/
illicit-traffic-of-cultural-property/
practical-and-ethical-instruments/
unesco-wco-model-export-certificate/

Object ID Standard The International Standard for

Describing Art, Antiques, and Antiquities (ICOM, Getty,
UNESCO)

http://archives.icom.museum/
object-id/

ICOM Code of Ethics for Museums

http://icom.museum/fileadmin/
user_upload/pdf/Codes/code2006_
eng.pdf

UNESCO International Code of Ethics for Dealers in

Cultural Property

http://www.unesco.org/new/
en/culture/themes/movable-heritage-and-museums/
illicit-traffic-of-cultural-property/
practical-and-ethical-instruments/
unesco-international-code-of-ethics-for-dealers-in-cultural-property/

Protection of Cultural Heritage Resources

UNESCO Database of National Cultural Heritage Laws

http://www.unesco.org/culture/natlaws

Basic Actions concerning Cultural Objects being offered for

Sale over the Internet (INTERPOL-UNESCO-ICOM)

http://www.unesco.org/new/
fileadmin/MULTIMEDIA/HQ/
CLT/pdf/basic-actions-cultural-objects-for-sale_en.pdf

Restitution of Cultural Property

Information Kit on the Return or Restitution of Cultural
Property

http://unesdoc.unesco.org/images/0013/001394/139407eb.
pdf

Rules of Procedure for Mediation and Conciliation for

Promoting the Return of Cultural Property to its Countries of
Origin or its Restitution in Case of Illicit Appropriation

http://unesdoc.unesco.org/
images/0019/001925/192534E.
pdf

Intergovernmental Committee for Promoting the Return of

Cultural Property to its Countries of Origin or its Restitution
in Case of Illicit Appropriation

http://portal.unesco.org/
culture/en/ev.php-URL_
ID=35283&URL_DO=DO_TOPIC&URL_SECTION=201.html

Museum Management
Running a Museum: A Practical Handbook

http://unesdoc.unesco.org/
images/0014/001410/141067e.
pdf

Running a Museum: A Trainers Manual

http://unesdoc.unesco.org/
images/0014/001478/147869E.
pdf

UNESCO Cultural Heritage Protection Handbook Vol.

I: Security at Museums

http://unesdoc.unesco.org/
images/0019/001484/148462
MGT.pdf

17

United Nations
Educational, Scientific and
Cultural Organization

Published by the Mongolian National Commission for UNESCO within the framework of the
UNESCO/Monaco Funds-in-Trust Project Capacity-Building for the Fight Against the Illicit
Trafficking of Cultural Objects in Mongolia, 2013.

UNESCO-MONACO COOPERATION
Capacity-Building for the Fight Against the Illicit Trafficking of Cultural
Objects in Mongolia:
Policy Recommendations 2003
2011

Editors-in-Chief
G.Jargalsaikhan, Secretary General of Mongolian National Commission for UNESCO
Beatrice Kaldun, Programme specialist for culture, UNESCO Beijing
Editorial Team
Kh.Erdembileg, Ts.Narantsatsral, Anudari Yeruult, Julien Glenat, Federica Iellici
Design and Layout
N.Gal-Undrakh
Photos
Photos are provided by the Mongolian National Commission for UNESCO
Criminal Police Department of Mongolia
Cover illustration provided by Baidy Odmandal
SELENGEPRESS printing company, Mongolia
2013 Mongolian National Commission for UNESCO
The choice and the presentation of the facts and opinions expressed in this publication are not
necessarily those of UNESCO and do not commit the Organization.
The designations employed and the presentation of materials throughout this publication 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 of authorities, or concerning the delimitation of its
frontiers or boundaries.
ISBN 978-99962-4-228-1