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中华人民共和国考古涉外工作管理办法 MEASURES OF THE PEOPLE'S REPUBLIC OF CHINA FOR THE ADMINISTRATION OF THE FOREIGN RELATED ARCHAEOLOGICAL ACTIVITIES

2006-05-17 15:16   我要纠错 | 打印 | 收藏 | | |

(Approved by the State Council on December 31, 1990 and promulgated by Decree No. 1 of the State Bureau of Cultural Relics on February 22, 1991)
颁布日期:19910222  实施日期:19910222  颁布单位:国务院批准、 国家文物局发布

  Article 1 These Measures are formulated with a view to strengthening the administration of the foreign-related archaeological activities, protecting the ancient cultural heritage of China and promoting its academic exchanges in the archaeological field with foreign countries.

  Article 2 These Measures shall apply to the archaeological investigation, exploration and excavation as well as to the related studies, scientific and technological protection and other activities which are conducted by the relevant Chinese units (hereinafter referred to as Chinese party) in collaboration with foreign organizations or international organizations (hereinafter referred to as foreign party) on the land territory, in the inland waters and the territorial seas of China as well as in other sea area within the jurisdiction of China.

  Article 3 Any foreign or international organization that intends to conduct archaeological investigation, exploration or excavation in China must undertake it in collaboration with China.

  Article 4 The State Bureau of Cultural Relics shall be in charge of the unified administration of the foreign-related archaeological activities throughout the country.

  Article 5 For the purposes of these Measures,

  (1) “archaeological investigation” refers to such activities, conducted for the purpose of obtaining archaeological materials and information, as archaeological recording of ancient cultural sites, ancient tombs, ancient architectures, cave temples and other underground and underwater cultural relics, and collecting of cultural relics and natural specimens;

  (2) “archaeological exploration” refers to exploring activities aiming at obtaining such basic information as the nature, structure and range of underground or underwater historical cultural remains;

  (3) “archaeological excavation” refers to such activities, conducted for the purpose of obtaining archaeological materials and information, as scientific discovering and archaeological recording of sites of ancient culture, ancient tombs and other underground and underwater cultural relics as well as collecting of cultural relics and natural specimens;

  (4) “archaeological recording” refers to such activities conducted in a systematic manner as written description, surveying cartographing, rubbing, photographing, cinematographing and videotaping;

  (5) “natural specimens” refers to natural remains obtained in archaeological investigation, exploration and excavation.

  Article 6 Archaeological activities of investigation, exploration or excavation jointly conducted by the Chinese and foreign parties shall be guided by the following principles:

  (1) the two parties in collaboration shall jointly carry out a project of archaeological investigation, exploration or excavation and a joint archaeological team shall be organized, with the Chinese experts taking the overall charge;

  (2) the two parties in collaboration shall jointly sort out the data obtained from archaeological investigation, exploration or excavation and prepare reports thereof all within the Chinese boundaries. The reports shall be co|signed by the two parties in collaboration and the Chinese party shall have priority for the publication thereof;

  (3) cultural relics, natural specimens and the originals of archaeological recording obtained in the activities of archaeological investigation, exploration or excavation conducted in collaboration shall be owned by China and have their safety ensured;(4) the two parties in collaboration shall abide by the laws, regulations and rules of China.

  Article 7 A foreign party that intends to conduct archaeological investigation, exploration or excavation in collaboration with a Chinese party shall submit a written application therefore to the State Bureau of Cultural Relics in light of the following items:

  (1) intent of collaboration;

  (2) object, scope and purpose;

  (3) plan for team organization;

  (4) working procedures and measures for safety and technical protection of the cultural relics, etc;

  (5) sources of funds and equipments and mode of management;

  (6) handling of accidents and risk sharing.

  Article 8 Any application for collaboration in an archaeological project of investigation, exploration or excavation shall satisfy all the following conditions:

  (1) it is conducive to China's protection of cultural relics and archaeological studies as well as to the international cultural and academic exchanges;

  (2) the Chinese party has already laid down a foundation in the project and made some progress in the studies, and has its own experts engaged in the studies of the subject area in question;

  (3) the foreign party shall be a specialised archaeological research institution with experts in the subject area in question or in a similar subject area as well as proper experience in archaeological practice; and

  (4) there are reliable measures for the protection of the excavated cultural relics.

  Article 9 The State Bureau of Cultural Relics shall subject an application of a foreign party to an preliminary examination in conjunction with the Chinese Academy of Social Sciences, and then, in accordance with the relevant provisions of the State, transfer the application to the relevant departments in charge of national defence, foreign affairs, public security, national security and others for further examination, if it is found satisfactory through the examination, the State Bureau of Cultural Relics shall submit the application to the State Council for special approval.

  Article 10 After the special approval is granted by the State Council to a project of collaboration for archaeological investigation, exploration or excavation, an agreement shall be signed by the two parties in collaboration on the specific matters of the approved project.

  Article 11 If the cultural relics or natural specimens obtained in an archaeological investigation, exploration or excavation conducted in collaboration need to be sent outside the Chinese boundaries for laboratory test or technical appraisement, the matter shall be submitted to the State Bureau of Cultural Relics for approval. The original specimens, except for the consumption involved in the test or appraisement, shall all be transported back to China thereafter.

  Article 12 Foreign students in China (including undergraduates, postgraduates and visiting scholars) and foreign researchers whose authorized period of stay for archaeological study or research in China is over one year may join in company with the unit where they study in activities of archaeological investigation, exploration or excavation conducted by a Chinese party exclusively or in collaboration with a foreign party, subject to the approval by the State Bureau of Cultural Relics according to the request made by the unit where they study or do research work with a prior consent of the relevant unit of archaeological investigation, exploration or excavation.

  Article 13 Any visit by a foreigner, a foreign organization or an international organization to a cultural relics site within the Chinese boundaries not yet open to public visitors can be conducted, if in areas open to foreigners, only after the programme for the visit has been submitted one month before by the department for the administration of cultural relics of the province, autonomous region or municipality directly under the Central Government where the cultural relics site is located or by the host central governmental department and the unit directly under it to the State Bureau of Cultural Relics and after an approval has been obtained therefrom and, if in areas not open to foreigners, only after the programme for the visit has been submitted one month before by the department for the administration of cultural relics of the province, autonomous region or municipality directly under the Central Government where the cultural relics site is located or by the host central governmental department and the unit directly under it to the State Bureau of Cultural Relics and after an approval has been obtained therefrom and, upon the completion of the necessary procedures at the relevant department in accordance with the pertinent provisions governing foreign related matters.

  Any visit to an archaeological site under excavation shall be made only when the unit in charge of the excavation has been duly consulted by the host unit and an approval has been obtained from the State Bureau of Cultural Relics.

  During such visits, any foreigner, foreign organization or international organization may not collect any cultural relics or natural specimen or make any archaeological recording.

  Article 14 The State Bureau of Cultural Relics is entitled to make inspections on the operation of the archaeological investigation, exploration or excavation conducted in collaboration and may suspend the operation if it fails to comply with the provisions of the Operation Procedures for Field Archaeology or to meet other relevant technical requirements and demand a rectification within a time|limit.

  Article 15 In case of a violation of the provisions of Articles 6, 7, 8, 10 or 11 of these Measures, a warning, suspension of operation, cancellation of the project, a fine of 1,000 to 10,000 yuan (RMB), confiscation of the cultural relics illegally obtained or a compensation for the damages may be enforced by the State Bureau of Cultural Relics according to the seriousness of the case.

  Article 16 In case of an unauthorized admittance of foreign students or researchers by a unit to the activities of archaeological investigation, exploration or excavation or an unauthorized extension of their working period, in violation of the provisions of Article 12 of these Measures, the State Bureau of Cultural Relics may issue a warning or suspend the qualifications of the unit in question for conducting team archaeological excavation.

  Article 17 In case of an unauthorized visit to a site of cultural relics or an unauthorized collection of cultural relics and natural specimens or unauthorized archaeological recording in violation of the provisions of Article 13 of these Measures by any foreigner, foreign organization or international organization, the department for the administration of cultural relics may stop their visit, confiscate the cultural relics and natural specimens so collected as well as the archaeological recording.

  Article 18 Any violation of the provisions of these Measures that constitutes an offence against the public security management shall be punished in accordance with the Regulations of the People's Republic of China on the Administrative Penalties for Public Security. In case it constitutes a crime, criminal responsibility shall be investigated according to law.

  Article 19 Archaeological investigation, exploration or excavation conducted by archaeological team from Taiwan, Hong Kong or Macao in collaboration with unit from the mainland of China may be governed with reference to these Measures.

  Article 20 Measures for the administration of foreign-related matters in studies and scientific and technological protection of cultural relics shall be formulated by the State Bureau of Cultural Relics in accordance with the principles of these Measures.

  Article 21 The State Bureau of Cultural Relics shall be responsible for the interpretation of these Measures.

  Article 22 These Measures shall become effective as of the date of promulgation.

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