Overview

This Bill aims to make the UK law compliant with the 1954 Hague Convention and its 1954 and 1999 Protocols, which protect cultural property during armed conflicts. It introduces new offences, including serious violations of the Second Protocol, unauthorized use of the Convention's emblem, and dealing in cultural property unlawfully exported from occupied territories. The Bill also provides for the forfeiture of such property and related powers of search and seizure.

Description

The Bill has six parts. Part 1 defines key terms, including "cultural property" as defined in the Convention. Part 2 criminalizes serious violations of the 1999 Second Protocol, such as the destruction of cultural property, with penalties up to 30 years' imprisonment. It also covers ancillary offences (attempts, conspiracy, etc.) and the responsibility of commanders and superiors for offences committed by their subordinates. Part 3 establishes an offence for unauthorized use of the Convention's emblem, with lesser penalties (fines). It outlines authorized uses and defenses. Part 4 addresses cultural property unlawfully exported from occupied territories, making it an offence to deal in such property, with penalties up to 7 years' imprisonment. It details forfeiture procedures, including search and seizure warrants, and provisions for compensation. Part 5 grants immunity from seizure or forfeiture to cultural property removed for safekeeping under the Convention. Part 6 contains general provisions, such as the liability of company officers for offences committed by their companies, and the extent and commencement of the Act.

Government Spending

The Bill doesn't directly specify government spending figures. However, implementing the legislation will likely involve costs associated with enforcement, including investigation, prosecution, and potentially compensation payments. Further costs may be incurred in the establishment and maintenance of any necessary infrastructure and administrative processes related to the new offences and forfeiture procedures.

Groups Affected

This bill affects multiple groups:

• Individuals: Those who intentionally damage, destroy, steal, or illegally traffic cultural property during armed conflicts, or who violate the provisions of the bill, face criminal prosecution and significant penalties (imprisonment and/or fines).
• Military Personnel and Commanders: Commanders and superiors may be held responsible for the actions of those under their command, facing penalties if they fail to take reasonable steps to prevent or report offences.
• Companies and their Officers: Companies and their officers may face prosecution and penalties if involved in illegal activities regarding cultural property.
• Law Enforcement Agencies: These agencies will be responsible for investigating and enforcing the provisions of the Bill, including the execution of search warrants and the seizure and retention of property.
• Owners of Cultural Property: Individuals and organizations who own cultural property might be impacted by forfeiture procedures, though the bill includes provisions for compensation in certain circumstances.
• Museums, Libraries, Archives: Institutions holding cultural property could see increased responsibility for its protection and compliance with the bill's provisions.

Powered by nyModel