(c) Science

Within their competence to broaden and improve cooperation and exchanges in the field of science, in particular:

To increase, on a bilateral or multilateral basis, the exchange and dissemination of scientific information and documentation by such means as:

-making this information more widely available to scientists and research workers of the other participating states through, for instance, participation in international information-sharing programs or through other appropriate arrangements;

-broadening and facilitating the exchange of samples and other scientific materials used particularly for fundamental research in the fields of natural sciences and medicine;

-inviting scientific institutions and universities to keep each other more fully and regularly informed about their current and contemplated research work in fields of common interest.

To facilitate the extension of communications and direct contacts between universities, scientific institutions and associations as well as among scientists and research workers, including those based where necessary on special agreements or arrangements, by such means as:

-further developing exchanges of scientists and research workers and encouraging the organization of preparatory meetings or working groups on research topics of common interest;

-encouraging the creation of joint teams of scientists to pursue research projects under arrangements made by the scientific institutions of several countries;

-assisting the organization and successful functioning of international conferences and seminars and participation in them by their scientists and research workers;

-furthermore envisaging, in the near future, a "Scientific Forum" in the form of a meeting of leading personalities in science from the participating states to discuss interrelated problems of common interest concerning current and future developments in science, and to promote the expansion of contacts, communications and the exchange of information between scientific institutions and among scientists;

-foreseeing, at an early date, a meeting of experts representing the participating states and their national scientific institutions, in order to prepare such a "Scientific Forum" in consultation with appropriate international organizations, such as UNESCO and the ECE;

-considering in due course what further steps might be taken with respect to the "Scientific Forum."

To develop in the field of scientific research, on a bilateral or multilateral basis, the coordination of programs carried out in the participating states and the organization of joint programs, especially in the areas mentioned below, which may involve the combined efforts of scientists and in certain cases the use of costly or unique equipment. The list of subjects in these areas is illustrative; and specific projects would have to be determined subsequently by the potential partners in the participating states, taking account of the contribution which could be made by appropriate international organizations and scientific institutions:

-exact and natural sciences, in particular fundamental research in such fields as mathematics, physics, theoretical physics, geophysics, chemistry, biology, ecology and astronomy;

-medicine, in particular basic research into cancer and cardiovascular diseases, studies on the diseases endemic in the developing countries, as well as medicosocial research with special emphasis on occupational diseases, the rehabilitation of the handicapped and the care of mothers, children and the elderly;

-the humanities and social sciences, such as history, geography, philosophy, psychology, pedagogical research, linguistics, sociology, the legal, political and economic sciences; comparative studies on social, socioeconomic and cultural phenomena which are of common interest to the participating states, especially the problems of human environment and urban development; and scientific studies on the methods of conserving and restoring monuments and works of art.

(d) Foreign Languages and Civilizations

To encourage the study of foreign languages and civilizations as an important means of expanding communication among peoples for their better acquaintance with the culture of each country, as well as for the strengthening of international cooperation; to this end to stimulate, within their competence, the further development and improvement of foreign language teaching and the diversification of choice of languages taught at various levels, paying due attention to less widely spread or studied languages, and in particular: -to intensify cooperation aimed at improving the teaching of foreign languages through exchanges of information and experience concerning the development and application of effective modern teaching methods and technical aids, adapted to the needs of different categories of students, including methods of accelerated teaching; and to consider the possibility of conducting, on a bilateral or multilateral basis, studies of new methods of foreign language teaching;

-to encourage cooperation between institutions concerned, on a bilateral or multilateral basis, aimed at exploiting more fully the resources of modern educational technology in language teaching, for example through comparative studies by their specialists and, where agreed, through exchanges or transfers of audiovisual materials, of materials used for preparing textbooks, as well as of information about new types of technical equipment used for teaching languages;

-to promote the exchange of information on the experience acquired in the training of language teachers and to intensify exchanges on a bilateral basis of language teachers and students as well as to facilitate their participation in summer courses in languages and civilizations, wherever these are organized; -to encourage cooperation among experts in the field of lexicography with the aim of defining the necessary terminological equivalents, particularly in the scientific and technical disciplines, in order to facilitate relations among scientific institutions and specialists;

-to promote the wider spread of foreign language study among the different types of secondary education establishments and greater possibilities of choice between an increased number of European languages; and in this context to consider, wherever appropriate, the possibilities for developing the recruitment and training of teachers as well as the organization of the student groups required;

-to favor, in higher education, a wider choice in the languages offered to language students and greater opportunities for other students to study various foreign languages; also to facilitate, where desirable, the organization of courses in languages and civilizations, on the basis of special arrangements as necessary, to be given by foreign lecturers, particularly from European countries having less widely spread or studied languages;

-to promote, within the framework of adult education, the further development of specialized programs, adapted to various needs and interests, for teaching foreign languages to their own inhabitants and the languages of host countries to interested adults from other countries; in this context to encourage interested institutions to cooperate, for example, in the elaboration of programs for teaching by radio and television and by accelerated methods, and also, where desirable, in the definition of study objectives for such programs, with a view to arriving at comparable levels of language proficiency;

-to encourage the association, where appropriate, of the teaching of foreign languages with the study of the corresponding civilizations and also to make further efforts to stimulate interest in the study of foreign languages, including relevant out-of-class activities.

(e) Teaching Methods

To promote the exchange of experience, on a bilateral or multilateral basis, in teaching methods at all levels of education, including those used in permanent and adult education, as well as the exchange of teaching materials, in particular by:

-further developing various forms of contacts and cooperation in the different fields of pedagogical science, for example through comparative or joint studies carried out by interested institutions or through exchanges of information on the results of teaching experiments;

-intensifying exchanges of information on teaching methods used in var

ious educational systems and on results of research into the processes by which pupils and students acquire knowledge, taking account of relevant experience in different types of specialized education;

-facilitating exchanges of experience concerning the organization and functioning of education intended for adults and recurrent education, the relationships between these and other forms and levels of education, as well as concerning the means of adapting education, including vocational and technical training, to the needs of economic and social development in their countries;

-encouraging exchanges of experience in the education of youth and adults in international understanding, with particular reference to those major problems of mankind whose solution calls for a common approach and wider international cooperation;

-encouraging exchanges of teaching materials—including school textbooks, having in mind the possibility of promoting mutual knowledge and facilitating the presentation of each country in such books-as well as exchanges of information on technical innovations in the field of education.

National minorities or regional cultures. The participating states, recognizing the contribution that national minorities or regional cultures can make to cooperation among them in various fields of education, intend, when such minorities or cultures exist within their territory, to facilitate this contribution, taking into account the legitimate interests of their members.

For principles concerning human contacts and information included in the section on "Cooperation in Humanitarian and Other Fields," see ante, Ch. 3, § 6, pp. 190 and 236. For the full text of the Final Act of the CSCE, see Dept. of State Bulletin, Vol. LXXIII, No. 1888, Sept. 1, 1975, pp. 323–350. For reference to other provisions of the Final Act, see index entries, this Digest, under Conference on Security and Cooperation in Europe (CSCE) (1975).

Illicit Import, Export, and Transfer of Cultural

Property

On July 31, 1975, the Department of State submitted to both Houses of Congress draft legislation to implement the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property, adopted by the General Conference of the U.N. Educational, Scientific and Cultural Organization on November 14, 1970. The Senate had given its advice and consent to ratification of the Convention on August 11, 1972, subject to a reservation and understandings, but deposit of the U.S. instrument of ratification was withheld pending the enactment of implementing legislation.

The draft legislation was a revised version of a proposal submitted to Congress in 1973, but on which congressional action was not taken. The revision took into account views received from interested individuals, groups and institutions on the earlier draft, as well as the reservation and understandings with which the Senate approved ratification of the Convention and which are set forth in Senate Executive Report No. 92-29, 92d Congress, Second Session, at page 9.

The text of the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property, together with the report of the Dept. of State on the Convention and the President's message to the Senate, is at S. Ex. B, 92d Cong., 2d Sess. The Convention entered into force on Apr. 24, 1974, for countries that had ratified by that date. The draft legislation submitted by the Dept. of State on July 31, 1975, follows:

A BILL

To implement the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property

Be It Enacted by the Senate and House of Representatives of the United States of America in Congress Assembled,

SECTION 1. Whenever the President determines that (1) the cultural patrimony of a state party to the Convention is in jeopardy from pillage of archeological or ethnological materials, (2) the state party has taken measures for the protection of its cultural patrimony, (3) import controls by the United States with respect to designated objects or classes of objects would be of substantial benefit in deterring such pillage, and (4) the establishment of such import controls in the particular circumstances is consistent with the general interest of the international community in the interchange of cultural property among nations for scientific, cultural and educational purposes, the President may enter into an agreement with the state party, and with other governments as appropriate, to restrict the importation of such designated protected objects, or classes of objects, of archeological or ethnological interest for a period considered required to achieve the purposes of the Convention. In making these determinations and in formulating appropriate restrictions to propose for inclusion in such agreements, the President shall consider the advice of a panel of experts, which he shall appoint for that purpose, representing the interested art, museum, and scientific communities and qualified to advise on the particular problem.

SECTION 2. The Secretary of the Treasury, after consultation with the Secretary of State, by regulation shall promulgate, and when appropriate shall revise, a list of protected objects of archeological or ethnological interest within the meaning of paragraph (b) of Section 9 of this Act. Such objects may be listed by type or other classification deemed appropriate by the Secretary. SECTION 3. (a) No protected object of archeological or ethnological interest listed by the Secretary of the Treasury pursuant to Section 2 of this Act that is exported (whether or not such exportation is to the United States) from the country of origin after the effective date of the regulation listing such object may be imported into the United States unless the government of the country of origin of such object issues a certificate which certifies that such exportation was not in violation of the laws of that country.

(b) If the consignee of any protected object of archeological or ethnological interest is unable to present to the appropriate officer of the customs at the time of making entry of such object

(1) the certificate of the government of the country of origin required under paragraph (a) of this section; or

(2) satisfactory evidence that such object was exported from the country of origin on or before the effective date of the regulation listing such object pursuant to Section 2 of this Act;

the appropriate officer of the customs shall refuse to release the object from customs custody and send it to a bonded warehouse or store to be held at the risk and expense of the consignee, notwithstanding any other provision of law, until such certificate or evidence is filed with such officer. If such certificate or evidence is not presented within ninety days after the date on which such object is refused release from customs custody, or such longer period as may be allowed by the Secretary for good cause shown, the object shall be subject to seizure and judicial forfeiture.

(c) Pending a final determination as to whether an article has been imported into the United States in violation of Section 3 or Section 5 of this Act, the Secretary of the Treasury shall, upon application, and provided that he finds (i) that sufficient safeguards will be taken for protection of such article and (ii) that a sufficient bond is posted to ensure its production, permit such article

to be retained at any museum or similar art or scientific institution in the United States which is open to the public.

SECTION 4. (a) Any protected object of archeological or ethnological interest imported into the United States in violation of Section 3 shall be subject to seizure and judicial forfeiture. All provisions of law relating to seizure, judicial forfeiture and condemnation for violation of the customs laws shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this Act, insofar as applicable, and not inconsistent with the provisions of this Act.

(b) Any protected object of archeological or ethnological interest forfeited to the United States under this Act shall

(1) first be offered for return to the country of origin and shall be returned if that country bears the expenses incurred incident to such return and delivery and complies with such other requirements relating to the return as the Secretary of the Treasury shall prescribe; or

(2) if not returned to the country of origin, be disposed of in the manner prescribed by law for articles forfeited for violation of the customs laws. SECTION 5. No article appertaining to the inventory of a museum or religious or secular public monument or similar institution in a state party to the Convention which is stolen after the effective date of this Act, or after the date of entry into force of the Convention for the state concerned, whichever is later, may be imported into the United States.

SECTION 6. (a) Any article imported into the United States in violation of Section 5 shall be subject to seizure and judicial forfeiture. All provisions of law relating to seizure, judicial forfeiture and condemnation for violation of the customs laws shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this Act, insofar as applicable, and not inconsistent with the provisions of this Act.

(b) In any action for forfeiture under this section where the claimant establishes valid title to the article, under the applicable law, as against the institution from which the article was stolen, forfeiture shall not be decreed unless the state party to which the article is to be returned pays the claimant just compensation for the article. In any action for forfeiture under this section where the claimant does not establish such title but establishes that it purchased the article for value without knowledge or reason to believe it was stolen, forfeiture shall not be decreed unless (i) the state party to which the article is to be returned pays the claimant the amount the claimant paid for the article or (ii) the United States establishes that said state party as a matter of law or reciprocity, would in similar circumstances recover and return an article stolen from an institution in the United States without requiring the payment of compensation.

(c) Any article forfeited to the United States under this Act shall

(1) first be offered for return to the state party to the Convention in whose territory is situated the institution referred to in Section 5 of this Act and shall be returned if that state party bears the expenses incident to such return and delivery and complies with such other requirements relating to the return as the Secretary of the Treasury shall prescribe; or

(2) if not returned to said state party, be disposed of in the manner prescribed by law for articles forfeited for violation of the customs laws. SECTION 7. Notwithstanding the provisions of Section 615 of the Tariff Act of 1930, as amended (19 U.S.C. 1615), in any forfeiture proceeding brought under the provisions of this Act where the property is claimed by any person the United States shall establish, in the case of objects subject to the provisions of Section 3, that the object has been listed by the Secretary of the Treasury in accordance with Section 2 and, in the case of articles subject to the provisions of Section 5, that the article appertained to the inventory of a museum or religious or secular public monument or similar institution in a state party to the Convention and that it was stolen from such institution after the effective date of this Act, or after the date of entry into force of the Convention for the state party concerned, whichever is later.

SECTION 8. The Secretary of the Treasury shall prescribe such rules and regulations as are necessary and appropriate to carry out the provisions of this Act.

SECTION 9. For the purposes of this Act

(a) The term "United States" includes the States, the District of Columbia,