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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 commercialization 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,* Note by the Secretariat: the footnotes in this text, except where otherwise indicated, were inserted by the relevant Working Groups and taken account of in the Plenary, or were added during the Plenary discussion of the Working Group’s paper.

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 specialization, 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 multi-disciplinary 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:

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

3. "UNESCO" means United Nations Educational, Scientific and Cultural Organization.

4. "Director-General" means the Director-General of UNESCO.

[5. "Convention" means the 1982 United Nations Convention on the Law of the Sea.]

[6. "Activity directed at underwater cultural heritage" means activity having underwater cultural heritage as its primary object and which may, directly or indirectly, physically disturb or otherwise damage underwater cultural heritage.]

1. [DELETE]

1. [This Convention applies to underwater cultural heritage found at sea.]

1. [This Convention shall apply to underwater cultural heritage irrespective of its location and to activities which affect or endanger it.]

[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.]

Nothing in this Agreement shall prejudice the rights, jurisdiction and duties of States under the Convention. [This Agreement shall be interpreted and applied in the context of and in a manner consistent with the Convention.]]

1. The States Parties shall preserve the underwater cultural heritage for the benefit of humankind in accordance with the provisions of this Convention.

[2.

2. To that end, States Parties shall take all necessary measures to cooperate, specifically in the event of common interest by reason of the localization of the wreck and the flag State or because of the same cultural, archaeological or historical origin.]

1. States Parties, in the exercise of their sovereignty, have the exclusive right [in accordance with Article 2] [without prejudice to Article 2] to regulate and authorize [activities directed at] underwater cultural heritage in their internal water, archipelagic waters and territorial sea.

2. 2. Without prejudice to other international agreements and rules of international law regarding the protection of underwater cultural heritage, States Parties [should take all necessary measures to ensure] [shall require] that, at a minimum, the Rules of the Annex be applied to [activities directed at] underwater cultural heritage in their internal waters, archipelagic waters and territorial sea.

States Parties may [in applying Article 303(2) of the United Nations Convention on the Law of the Sea] regulate and authorize [in accordance with Article 303(2) of the United Nations Convention on the Law of the Sea] [activities directed at] underwater cultural heritage within their contiguous zone. In doing so, States Parties [shall] [should] require compliance, at a minimum, with the Rules of the Annex.

[In respect of Articles 5, 6 and 7, three options were offered for consideration but the positions of all States are reserved.]

1. States Parties shall require that any discovery relating to underwater cultural heritage occurring in their exclusive economic zone or on their continental shelf be reported to their competent authorities.

2. States Parties may regulate [activities directed at] underwater cultural heritage in their exclusive economic zone and on their continental shelf. In doing so, States Parties shall require compliance, at a minimum, with the Rules of the Annex, in particular taking into account the needs of conservation and research.

3. States Parties may deny the conduct of [activities directed at] underwater cultural heritage having the effect of [unjustifiably] [interfering with the exploration or exploitation of their natural resources, whether living or not living, and with other rights or jurisdiction which they enjoy under the United Nations Convention on the Law of the Sea in these areas].

4. States may enter into regional or bilateral agreements, or develop existing agreements, for the preservation of common underwater cultural heritage. For this purpose, they may adopt rules and regulations which may be more stringent than those adopted at global level. [These agreements will be open to States of cultural origin and States of historical and archaeological origin.]

States Parties shall take measures to prohibit the use of their territory, including their maritime ports and off-shore terminals, or other area under their jurisdiction or control in support of any [activity directed at] underwater cultural heritage and inconsistent with the Rules of the Annex.

1. States Parties shall take all practicable measures to ensure that [their nationals and] vessels flying their flag refrain from engaging in any [activity directed at] underwater cultural heritage in a manner inconsistent with the Rules of the Annex.

2. Measures to be taken by a State Party in respect of [its nationals and] vessels flying its flag shall include:

In the exercise of their sovereign rights in the exclusive economic zone and on the continental shelf, as provided for in the United Nations Convention on the Law of the Sea, States Parties shall take account of the need to protect underwater cultural heritage in accordance with this Convention.

1. All States Parties shall take measures to prohibit use of their territory, including their maritime ports and off-shore terminals, or other area under their jurisdiction or control in support of any activity directed at underwater cultural heritage and inconsistent with the Rules of the Annex.

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 control [in accordance [with customary international law as reflected in the United Nations Convention on the Law of the Sea] unless requested by that State.

1. States Parties shall require that any discovery relating to underwater cultural heritage by their nationals or through the activities of vessels flying their flag in the exclusive economic zone or the continental shelf of another State be reported to the competent authorities of that State or the State of origin, or the State of cultural origin, or the State of historical and archaeological origin.

2. Measures to be taken by a State Party in respect of [its nationals and] vessels flying its flag shall include:

States may enter into regional or bilateral agreements, or develop existing agreements, for the preservation of common underwater cultural heritage. For this purpose, they may adopt rules and regulations which may be more stringent than those adopted at global level. [These agreements will be open to States of cultural origin and States of historical and archaeological origin.]

Nothing in this Convention shall prejudice the rights, jurisdiction and duties of States under the United Nations Convention on the Law of the Sea. [This Convention shall be interpreted and applied in the context of and in a manner consistent with UNCLOS.]]

States may enter into regional or bilateral agreements, or develop existing agreements, for the preservation of common underwater cultural heritage. For this purpose, they may adopt rules and regulations which may be more stringent than those adopted at global level. [These agreements will be open to States of cultural origin and States of historical and archaeological origin.]

1. A State Party shall be notified of any activity or discovery relating to underwater cultural heritage occurring in its exclusive economic zone or on its continental shelf.

2. Such State Party shall take appropriate measures for the assessment and registration of that information.

3. States shall, where appropriate, exchange this information with the competent authorities of other interested States, in particular the State whose nationals reported the discovery. Such information shall be transmitted to UNESCO.

4. States may authorize protective interventions and scientific research of the discovered underwater cultural heritage. To this end they shall consult the competent authorities of a State whose nationals or vessels flying its flag intend to engage in such activity and shall ensure that such activity:

5. States Parties shall prohibit:

All States Parties shall take all practicable measures to ensure that [their nationals] and vessels flying their flag do not engage in any activity [directed at] underwater cultural heritage in a manner inconsistent with this Convention and its Annex, or the laws and regulations of the State Party in whose exclusive economic zone or on whose continental shelf such underwater cultural heritage is located, as appropriate.

1. 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 State Party whose nationals or vessels flying its flag made such discovery to the Director-General of UNESCO, who in turn shall transmit such information to the Secretary-General of the International Seabed Authority as soon as possible.]

2. [UNESCO shall inform of the discovery all States that enjoy preferential rights under Article 149 of the United Nations Convention on the Law of the Sea.]]

(

Any discovery of underwater cultural heritage in the area, as defined in Article 1, paragraph (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.]***

1. Each State Party shall take reasonable measures to ensure that activities are avoided that adversely affect known underwater cultural heritage in its internal waters, archipelagic waters, territorial sea, exclusive economic zone or on its continental shelf.

2. Where a State Party designates as requiring special protection underwater cultural heritage in its internal waters, archipelagic waters, territorial sea, exclusive economic zone or on its continental shelf, it shall take all necessary measures to ensure that activities do not adversely affect such underwater cultural heritage.

3. Where UNESCO designates as requiring special protection underwater cultural heritage in the Area, each State Party shall take all necessary measures to ensure that vessels flying its flag do not undertake activities that adversely affect such underwater cultural heritage.]

A State Party may [issue] provide for the issuance of permits, subject to compliance with [the Rules of the Annex], allowing entry into its territory of underwater cultural heritage.

Should an excavation or retrieval of underwater cultural heritage occur without a prior authorisation 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 Rules of the Annex, 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, administrative [or civil] sanctions for importation of underwater cultural heritage which is subject to seizure under Article 9.

2. State Parties [shall] 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 the [Director-General of UNESCO] and 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 [pursuant to their preferential rights as State of origin, State of cultural origin, or State of historical and archaeological origin.]

[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 CharterRules of the Annex] 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 Rules of the Annex] or otherwise in violation of international law.

Each State Party shall endeavour by educational means to create and develop in the public mind a realization 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 Rules of the Annex.

1. States Parties shall take measures to further research in accordance with [the operative provisions of the CharterRules of the Annex] 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.

[2. States Parties shall cooperate to promote training and transfer of technology relating to underwater cultural heritage.]

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

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

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

[3. The Organization shall inform States Parties on activities directed at 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 CharterRules of the Annex 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 UNESCOUNESCO for adoption.

2. Once adopted, amendments to this Convention shall be 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 the 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 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 Rules of the Annex operative provisions of the Charterrelating 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 depository 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 CharterRules of the Annex 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.

1. The protection of underwater cultural heritage is best achieved through in situ preservation, which should be considered as the first option. Accordingly, activities directed at underwater cultural heritage shall be authorized by the competent authority of the concerned State only when they make a significant contribution to knowledge, protection and [/or] enhancement of underwater cultural heritage.

2. The commercial exploitation of underwater cultural heritage for trade or speculation [, other than in the provision of services] or its irretrievable dispersal is fundamentally incompatible with the protection and proper management of the underwater cultural heritage. Underwater cultural heritage shall [should] not be traded, sold, bought and bartered as items of commercial value.

3. Activities directed at underwater cultural heritage shall not adversely impact underwater cultural heritage more than is necessary for the objectives of the project.

4. Activities directed at underwater cultural heritage must use non-destructive techniques and prospection and [limited] sampling in preference to recovery of objects. [If excavation is necessary for the purpose of scientific studies,] the methods and techniques used must be as non-destructive as possible and contribute to the preservation of the remains.

5. Activities directed at underwater cultural heritage shall avoid the unnecessary disturbance of human remains or venerated sites.

6. Activities directed at underwater cultural heritage shall be strictly regulated to ensure proper recording of historical, cultural and archaeological information.

7. Public access to conduct activities relating to underwater cultural heritage that are non-intrusive (such as photography) should, where practicable, be encouraged.

8. Prior to any activity directed at underwater cultural heritage, a project design for the activity shall be developed and submitted to the competent authority for authorization and appropriate peer review.

9. The project design shall include:

10. Activities [directed at underwater cultural heritage] shall be carried out in accordance with the project design approved by the competent authority.

11. Where unexpected discoveries are made or circumstances change, the project design shall be reviewed and amended with the approval of the competent authority.

12. In cases of urgency or chance discoveries, activities directed at the underwater cultural heritage including conservation conservatory measures or activities for a period of short duration, including in particular site stabilization, may be authorized in the absence of a project design to protect underwater cultural heritage.

13. The preliminary work referred to in Chapter II shall include an assessment that evaluates the [scientific significance and] vulnerability of the underwater cultural heritage and surrounding natural environment to damage by the proposed project, and the potential to obtain data that would meet the project’s objectives.

14. The assessment shall also encompass background studies of available historical and archaeological evidence, archaeological and environmental characteristics of the site, and the consequences of any potential intrusion for the long-term stability of the underwater cultural heritage affected by the activities.

15. The methodology shall comply with the project’s objectives and the techniques employed shall be as non-intrusive as possible.

16. [Except in cases of emergency to protect underwater cultural heritage], adequate funding shall should be assured in advance of any activity sufficient to complete all stages of the project design, including conservation, documentation and curation of recovered artefacts, and report preparation and dissemination.

17. The project design shall exhibit demonstrated ability (such as securing a bond) to fund the project through to completion.

18. The project design shall include contingency plans that will ensure conservation of underwater cultural heritage and supporting documentation in the event of any interruption of anticipated funding.

19. Project funding shall [should] not require the sale, acquisition or barter of underwater cultural heritage.

20. An adequate timetable shall be developed to assure in advance of any activity directed at underwater cultural heritage the completion of all stages of the project design, including conservation, documentation and curation of recovered underwater cultural heritage, and report preparation and dissemination.

21. The project design shall include contingency plans that will ensure conservation of underwater cultural heritage and supporting documentation in the event of any interruption in or termination of the anticipated timetable.

22. Activities directed at underwater cultural heritage shall only be undertaken under the direction of and in the presence [in control] of a qualified underwater archaeologist with scientific competence appropriate to the project.

23. All persons on the project team shall be qualified and have demonstrated competence appropriate to their project roles.

24. The conservation programme shall provide for treatment of the archaeological remains during the activities directed at underwater cultural heritage, in transit and in the long term. Conservation shall be carried out in accordance with current professional standards.

25. The site management programme shall provide for the protection and management in situ for underwater cultural heritage in the course of and upon termination of fieldwork. The programme shall include public information, reasonable provision for site stabilization, monitoring and protection against interference.

26. The documentation programme shall set out thorough documentation of activities, including a progress report directed at underwater cultural heritage in accordance with current professional standards of archaeological documentation.

27. Documentation shall include, at a minimum, a comprehensive record of the site including the provenance of underwater cultural heritage moved or removed in the course of the activities directed at underwater cultural heritage, field notes, plans, drawings, sections, photographs and recording in other media.

28. A safety policy shall be prepared that is adequate to ensure the safety and health of the project’s team and third parties and is consistent with any applicable statutory and professional requirements.

29. Interim and final reports shall be made available according to the timetable set out in the project design, and deposited in relevant public records.

30. Reports shall include:

31. The project archive, including any underwater cultural heritage removed and a copy of all supporting documentation, should [shall] as much as possible be kept together and intact as a collection in a manner that can [be available] provide for scientific and public access as well as the curation of the archive [within at least five years of the completion of the archaeological fieldwork].

32. Arrangements for curation of the project archive shall be agreed to before any activity commences, and shall be set out in the project design.

33. The project archive shall be prepared according to current professional standards.

34. Projects shall provide for public education and popular presentation of their results.

35. A final synthesis of a project shall be:

[36. International cooperation in the conduct of activities directed at underwater cultural heritage shall be encouraged in order to further the effective exchange or use of archaeologists and other relevant professionals.]