To qualify as cultural property in terms of the CPTA (art. 2 para 1 CPTA), the object must:
- belong to one of the categories provided for under article 1 of the 1970 UNESCO Convention; and
- be meaningful property from a religious or secular point of view for archaeology, pre-history, literature, art or sciences.
The checklist assists in determining whether or not property is considered cultural property.
The International Council of Museums (ICOM) publishes so-called red lists of cultural property categories from various countries and regions, which are particularly affected by looting and illicit trade. The goal is to combat looting and illicit trade, to increase public awareness, to support affected circles and to promote international cooperation in maintaining and protecting cultural heritage.
The Federal Council has concluded bilateral agreements with states that have ratified the 1970 UNESCO Convention, on the import and repatriation of cultural property of significant importance to the cultural heritage of the respective party in question to protect cultural and foreign policy interests and to secure cultural heritage.
A return guarantee was introduced as part of the CPTA to promote the exchange of cultural property among museums (international loans). The return guarantee protects on request the cultural property against third-party claims and corresponding trials (Key words: “safe conduct” or immunity).