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Adopted by the Second Meeting of States Parties to the 1970 Convention (Paris, 22 June 2012), and revised by the Sixth Meeting of States Parties to the 1970 Convention (Paris, 26 May 2021).

The Rules of Procedure comprise ten chapters: (I) Mandate, (II) Participation, (III) Sessions, (IV)Agenda, (V) Bureau, (VI) Conduct of Business, (VII) Secretariat of the Meeting of States parties, (VIII) The Subsidiary Committee to the Meeting of States Parties, (IX) Presentation of Candidatures and Elections of Members of the Subsidiary Committee and (X) Amendment and Suspension of the Rules of Procedure. The Rules of Procedure are the following:

Rule 1 – Mandate 

1.1 The Meeting of States Parties to 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 on 14 November 1970 (hereinafter referred to as the “Convention”) is the sovereign organ of the Convention. 

1.2 The Meeting of States Parties gives strategic orientations for the implementation of the Convention and takes all measures it deems necessary for the promotion of the objectives of the Convention.

Rule 2 – Participants 

The representatives of the States Parties to the Convention may participate, with the right to vote, in the Meeting of States Parties.

Rule 3 – Representatives and Observers 

3.1 The representatives of Member States of UNESCO not States Parties to the Convention, of Associate Members and of permanent observer missions to UNESCO may participate in the work of the Meeting of States Parties as observers, without the right to vote, subject to Rule 14.3.

3.2 Representatives of the United Nations and organizations of the United Nations system and other intergovernmental organizations that have concluded mutual representation agreements with UNESCO, as well as observers of intergovernmental and international non-governmental organizations invited by the Director-General, may participate in the work of the Meeting of States Parties, without the right to vote, subject to Rule 14.3.

3.3 Other representatives or observers invited by the Director-General may participate in the work of the Meeting of States Parties, without the right to vote and subject to Rule 14.3.

Rule 4 – Ordinary and Extraordinary Sessions

4.1 The Meeting of States Parties shall meet every two years in ordinary session.

4.2 The Meeting of States Parties shall meet in extraordinary session if it so decides or at the request either of the Subsidiary Committee or of at least one-third of the States Parties to the Convention.

Rule 5 – Convocation

5.1 Sessions of the Meeting of States Parties shall be convened by the Chairperson in consultation with the Director-General.

5.2 The Director-General shall notify the States Parties of the date, place and provisional agenda of each session, not less than sixty days in advance in the case of an ordinary session and, if possible, not less than thirty days in advance in the case of an extraordinary session.

5.3 The Director-General shall, at the same time, notify to the States, organizations and individuals mentioned in Rule 3, the date, place and provisional agenda of each session.

Rule 6 – Date and Place

The Meeting of States parties shall determine at each ordinary session, in consultation with the Director-General, the date and place of the next ordinary session. The date and/or place may be changed, if necessary, by the Bureau, in consultation with the Director-General.

Rule 7 – Provisional Agenda 

7.1 The provisional agenda of an ordinary session of the Meeting of States Parties shall include:

a) Any questions required by the Convention and the present Rules of Procedure; 

b) Any questions the inclusion of which has been decided by the Meeting of States Parties at a previous session; 

c) Any question referred by the Subsidiary Committee;

d) Any question proposed by the States Parties to the Convention;

e) Any question proposed by the Director-General.

7.2 The Provisional Agenda for an extraordinary session shall include those questions for which the session has been convened. 

Rule 8 – Adoption of the Agenda

The Meeting of States Parties shall adopt at the beginning of each session its agenda for that session.

Rule 9 – Amendments, deletions, and new items

The Meeting of States Parties may amend, delete or add items to the agenda so adopted if so decided by a two-third majority of States Parties present and voting.

Rule 10 – Election and functions of the Bureau

10.1 The Meeting of States Parties shall elect a Chairperson, four Vice-Chairperson(s) and a Rapporteur, in conformity with the principle of equitable geographical representation, who shall together constitute its Bureau. 

10.2 The Bureau’s term of office will run from the ordinary session of the Meeting of States Parties in which they are elected until the next ordinary session of the Meeting of States Parties, when a new Bureau will be elected.

10.3 Members of the Bureau are eligible for re-election, limited to two consecutive terms. 

10.4 The Bureau, convened by the Chairperson, shall meet as frequently as it deems necessary. The Bureau may, if the Chairperson deems it appropriate, be consulted by correspondence, including through electronic consultation.

Rule 11 – Duties of the Chairperson, Vice-Chairpersons and the Rapporteur

11.1 In addition to exercising the powers conferred upon him/her elsewhere by the present Rules of Procedure, the Chairperson shall open and close each plenary meeting of the Meeting of States Parties. He/She shall direct the discussions, ensure observance of these Rules of Procedure, accord the right to speak, put questions to the vote and announce decisions. He/She shall rule on points of order and, subject to the present Rules of Procedure, shall control the proceedings and the maintenance of order. He/She shall not vote, but he/she may instruct another member of his/her delegation to vote on his/her behalf.

11.2 Should the Chairperson be absent during a meeting, or any part thereof, he/she shall be replaced by one of the Vice-Chairpersons. 

11.3 The Vice-Chairperson acting as Chairperson shall have the same powers and duties as the Chairperson.

11.4 In addition to exercising powers which are conferred upon him/her elsewhere by the present Rules of Procedure, the Rapporteur shall certify that the Secretariat has accurately recorded the Meeting of States Parties’ resolutions. He/She shall work with the Secretariat to monitor and record the Meeting’s debates and amendments. 

11.5 If the Rapporteur is unable to act at the Meeting of States Parties, or meeting of the Bureau, or part thereof, his/her function shall be exercised by one of the Vice-Chairpersons.

11.6 A Vice-Chairperson acting as a Rapporteur shall have the same powers and duties as the Rapporteur. 

Rule 12 – Public Nature of Meetings

Sessions shall be held in public unless decided otherwise by the Meeting of States Parties.

Rule 13 – Quorum 

13.1 A quorum shall consist of a majority of the States referred to in Rule 2 and represented at the Meeting of States Parties.

13.2 The Meeting of States Parties shall not decide on any matter unless a quorum is present.

Rule 14 – Order and time-limit of speakers 

14.1 The Chairperson shall call upon speakers in the order in which they signify their wish to speak.

14.2 For the convenience of the discussion, the Chairperson may limit the time allowed for each speaker

14.3 The consent of the Chairperson must be obtained whenever an observer wishes to address the Meeting of States Parties.

Rule 15 – Points of Order 

15.1 During a discussion, any State Party may raise a point of order; such a point of order shall be immediately decided upon by the Chairperson.

15.2 An appeal may be made against the ruling of the Chairperson. Such an appeal shall be put to the vote immediately and the Chairperson’s ruling shall stand, unless overruled by a majority of the States Parties present and voting.

Rule 16 – Procedural Motions 

16.1 During a discussion, any State Party may move the suspension or adjournment of the meeting or the adjournment or closure of the debate.

16.2 Such a motion shall be put to the vote immediately. Subject to Rule 15.1, such motions shall have precedence in the following order over all other proposals or motions before the meeting:

a) suspension of the meeting;

b) adjournment of the meeting;

c) adjournment of the debate on the question under discussion;

d) closure of the debate on the question under discussion.

Rule 17 – Working Languages

17.1 The working languages of the Meeting of States Parties shall be Arabic, Chinese, English, French, Russian and Spanish.

17.2 Speeches made at the Meeting of States Parties in one of the working languages shall be interpreted into the other languages. 

17.3 Speakers may, however, speak in any other language, provided that they make their own arrangements for interpretation of their speeches into one of the working languages.

Rule 18 – Resolutions and Amendments 

18.1 Draft resolutions may be proposed by the participants referred to in Rule 2 and shall be transmitted in writing to the Secretariat of the Meeting of States Parties, which shall circulate copies to all participants.

18.2 As a general rule, no draft resolution or amendment shall be discussed or put to the vote unless it has been circulated sufficiently in advance to all participants in the working languages of the Meeting of States Parties.

18.3 Amendments to the draft resolutions may be proposed by the participants referred to in Rule 2. 

18.4 Adopted resolutions shall be published and distributed to States Parties within one month of the closure of the session and in the working languages of the Meeting of States Parties.

Rule 19 – Voting 

19.1 The representative of each State Party referred to in Rule 2 shall have one vote in the Meeting of States Parties.

19.2 Unless otherwise provided in the Rules of Procedure, decisions shall be taken by a majority of the States Parties present and voting.

19.3 For the purpose of the present Rules of Procedure, the expression “States Parties present and voting” shall mean States Parties casting an affirmative or negative vote. States Parties abstaining from voting shall be regarded as having not voted.

19.4 Voting shall normally be carried out by show of hands. When the result of a vote by show of hands is in doubt, the Chairperson may take a second vote by roll-call. A vote by roll-call shall also be taken if it is requested by no less than two States Parties before the voting takes place.

19.5 When an amendment to a proposal is moved, the amendment shall be voted on first. When two or more amendments to a proposal are moved, the Meeting of States Parties shall first vote on the amendment deemed by the Chairperson to be furthest removed in substance from the original proposal, and then on the amendment next furthest removed therefrom, and so on, until all the amendments have been put to the vote.

19.6 If one or more amendments are adopted, the amended proposal shall then be voted upon as a whole.

19.7 A motion is considered an amendment to a proposal if it adds to, deletes from or revises part of that proposal.

Rule 20 – Secretariat 

20.1 The Director-General of UNESCO or his/her representative shall participate in the work of the Meeting of States Parties, without the right to vote. He/She may, at any time, make either oral or written statements to the Meeting of States Parties on any question under discussion.

20.2 The Director-General of UNESCO shall appoint an official of the Secretariat of UNESCO to act as Secretary to the Meeting of States Parties, as well as other officials who shall together constitute the Secretariat of the Meeting of States Parties.

20.3 The Secretariat shall prepare, in consultation with the Bureau, the provisional agenda of the sessions of the Meeting of States Parties, in accordance with Rule 7.

20.4 The Secretariat shall receive, translate and distribute in the six working languages at least thirty days before the opening of an ordinary session of the Meeting of States Parties all official documents and as soon as possible in the case of an extraordinary session. 

20.5 The Secretariat shall arrange for the interpretation of the debates and also perform all other duties necessary for the proper conduct of the work of the Meeting of States Parties.

Rule 21 – The Subsidiary Committee to the Meeting of States Parties

21.1 The Subsidiary Committee established by the Second Meeting of the States Parties in 2013[1] (hereafter “the Committee”) shall meet once a year in an ordinary session. It may meet in extraordinary session in accordance with its Rules of Procedure.

21.2 The Committee shall be composed of representatives of 18 States Parties, 3 per electoral group, it being understood that “Group V” shall consist of two separate groups, Group V(a) and Group V(b). 

21.3 Members of the Committee shall be elected for a term of four years. Every two years, the Meeting of States Parties shall renew half of the members of the Committee. A member to the Committee shall not be eligible for immediate reelection after completing two consecutive terms.

21.4 The functions of the Committee are:

a) To promote the purposes of the Convention, as set forth in the Convention;

b) To review national reports presented to the General Conference by the States Parties to the Convention with a view to identify problem areas, trends and challenges to strengthen the implementation of the Convention;

c) To exchange best practices, and prepare and submit to the Meeting of the States Parties recommendations and guidelines that may contribute to the implementation of the Convention;

d) To identify problem areas, trends and challenges arising from the implementation of the Convention, including issues relating to the protection and return of cultural property;

e) To initiate and maintain co-ordination with the Intergovernmental Committee for Promoting the Return of Cultural Property to its Countries of Origin or its Restitution in case of Illicit Appropriation in relation to capacity building measures combating illicit traffic in cultural property;

f) To report to the Meeting of States Parties on the activities it has carried out.

21.5 Observers may participate in meetings of the Subsidiary Committee in accordance with its Rules of Procedures.

Rule 22 – Procedures for the presentation of candidatures to the Subsidiary Committee

22.1 The Secretariat shall ask all States Parties, at least three months prior to the opening of the ordinary session of the Meeting of States Parties, whether they intend to stand for election to the Subsidiary Committee. If so, the State Party’s candidature should be sent to the Secretariat at least six weeks prior to the opening of the Meeting of States Parties.

22.2 At least four weeks prior to the opening of the Meeting of States Parties, the Secretariat shall send to all States Parties the provisional list of candidates, indicating the electoral group to which they belong and the number of seats to be filled in each electoral group.

22.3 The list of candidatures shall be finalized seven days prior to the opening of the ordinary session of the Meeting of States Parties during which the elections of the members of the Subsidiary Committee will take place. No candidature will be accepted in the seven days period preceding the opening of the Meeting of States Parties.

Rule 23 – Elections of Members to the Subsidiary Committee

23.1 The election of Members of the Committee shall be conducted by secret ballot except that, where the number of candidates for each electoral group is the same as or less than the number of seats to be filled, the candidates shall be declared elected without the need to hold a ballot. 

23.2 Before the election begins, the Chairperson shall appoint two tellers among the delegates present; he/she shall hand to them the list of States Parties and the list of candidate States Parties. He/She shall announce the number of seats to be filled. 

23.3 The Secretariat shall prepare for each State Party an envelope without any distinguishing mark and separate ballot papers, one for each of the electoral groups. The ballot paper for each electoral group shall bear the names of all the candidate States Parties in that electoral group.

23.4 Each of the States Parties shall cast its vote by encircling the names of those States for which it desires to vote.

23.5 The tellers shall collect from each States Party the envelope containing the ballot papers and shall count the votes, under the supervision of the Chairperson. 

23.6 The absence of any ballot paper in the envelope shall be considered an abstention. 

23.7 Ballot papers on which more names have been circled than there are seats to be filled as also those containing no indication as to the intention of the voter shall be considered invalid.

23.8 The counting of the votes for each electoral group shall take place separately. The tellers shall open the envelopes, one by one, and shall sort the ballot papers into electoral groups. The votes cast for the candidate States Parties shall be entered on lists prepared for that purpose.

23.9 The Chairperson shall declare elected those candidates who obtain the greatest number of votes up to the number of seats to be filled. If two or more candidates obtain the same number of votes, and, as a result, there are still more candidates than seats to be filled, there shall be a second secret ballot restricted to those candidates who obtained the same number of votes. If in the second ballot two or more candidates obtain the same number of votes, the Chairperson shall draw lots to decide the elected candidate.

23.10 When the counting of the votes is completed, the Chairperson shall announce the results of the ballot separately for each of the electoral groups.

Rule 24 – Amendment

The Meeting of States Parties may amend these Rules of Procedure by a decision taken in plenary meeting by a two-thirds majority of States Parties present and voting.

Rule 25 – Suspension

The Meeting of States Parties may suspend the application of any of these Rules of Procedure, except when they reproduce provisions of the Convention, by a decision taken in plenary meeting by a two-thirds majority of the States Parties present and voting.

[1] Resolution 2.MSP 3.