COUNCIL OF MINISTERS OF CULTURE OF SOUTH-EAST EUROPE Enhancing culture for sustainable development meeting of the COMOCOSEE Committee of Officials 21 December 2016 Tirana, Albania

1. FIGHT AGAINST ILLICIT TRAFFICKING OF CULTURAL
PROPERTY IN SOUTH EASTERN EUROPE
ALBANIAN EXPERIENCE
COUNCIL OF MINISTERS OF CULTURE OF SOUTH-EAST EUROPE
Enhancing culture for sustainable development meeting of the COMOCOSEE Committee of Officials

2. What is illicit trafic?
The illicit trafficking in cultural goods is, as other types of illicit
traffics, a complex, vast and multifaceted issue. It can take different
forms, involve multiple parties and serve diverse purposes, depending
on the geographical, socio-economic and political context.

3. illicit traffic...
is a very large and lucrative criminal activity
involves transnational illegal networks and markets
generates a loss of heritage
finances other crimes

4. Fighting illicit traffic requires...
Strong legislation
Awareness raising
Cross-sectorial cooperation
Control measures
₌

5. 06
LEGAL FRAMEWORK: A PRE-CONDITION TO FIGHT ILLICIT
TRAFFICIKING OF CULTURE HERITAGE

6. 07
ALBANIAN LEGAL FRAMEWORK: A PRE-CONDITION TO
FIGHT ILLICIT TRAFFICIKING OF CULTURE HERITAGE
The Constitution of the Republic of Albania
Law 7726, dt.29.06.1993 “On National Archival Fund and Archives”;
Penal Code of the Republic of Albania defines the crime of theft and
illicit trafficking of cultural heritage value objects, which provides a legal
basis to promote more efforts by security structures, respectively Article
138 "Theft of works of art and culture" and article 138 / a "Trafficking in
works of art and culture", added to the Penal Code by Law no. 8733 dated
24.01.2001, Article 3);
Instruction no. 2 of the Council of Ministers dated 18.03.2004 "On the
movement of movable cultural heritage objects with special values​​,
national and unique, for the protection, restoration, study and exhibition
outside the territory of the Republic of Albania (Official Gazette of RA,
No.18, 2004 page 924);

7. ALBANIAN LEGAL FRAMEWORK: A PRE-CONDITION TO FIGHT
ILLICIT TRAFFICIKING OF CULTURE HERITAGE
Decision of Council of Minister No. nr.312, dated 27.04.2016, The Approval of
National Action Plan "On Preventing and Fight against Trafficking of Movable
Cultural Property 2016 - 2018”;
Decision of Council of Minister Nr. 663, dated 17.07.2013 On the adoption of the
Crosscutting Strategy Combating Organized Crime, Illicit Trafficking and
Terrorism 2013-2020 and Action Plan for 2013-2016;
Law Nr.8523,dated 09.09.1999, "On the accession of the Republic of Albania in
the UNESCO Convention on the means of prohibiting and preventing the illicit
import, export and transfer of cultural property (Official Gazette of RA No. 26,
Year 1999,page 959);
Law no. 9806, dated 17.09.2007 "On accession of the Republic of Albania in the
European Convention" On protection of archaeological heritage " (revised)

8. ALBANIAN LEGAL FRAMEWORK: A PRE-CONDITION TO FIGHT
ILLICIT TRAFFICIKING OF CULTURE HERITAGE
Law no. 10027, dated 11.12.2008 "On accession of the Republic of
Albania to the Convention" On protection of underwater cultural heritage“
Currently, heritage related issues in the Republic of Albania, are regulated
by the law no. 9048 dated.7.4.2003 “For the Cultural Heritage” (Official
Gazette of RA No.33, Year 2003, page 1086), as well as by the law
no.9386, dated. 4.5.2005 “On museums” (Official Gazette of RA No. 44,
Year 2004, page 1594). It provides rules for movement of classified
heritage objects;
The Ministry of Culture has drafted a new law on cultural heritage and
museums where are treated all directives and international conventions, as
well as playing an important role in the procedures for protection against
trafficking in cultural property.

9. INSTITUTIONS RESPONSIBLE FOR THE PROTECTION OF
CULTURAL PROPERTY
MINISTRY OF CULTURE
The mission is to create and establish the national policies in the
fields of culture, according to the Program of the Government.
NATIONAL INVENTORY CENTRE OF CULTURAL PROPERTIES
The mission is to register, maintain and update the digital inventory
of the Albanian cultural properties, both tangible (movable and immovable)
and intangible.
INSTITUTE OF MONUMENTS OF CULTURE
The fundamental mission of the Institute of Cultural Monuments is
the protection, restoration and re-vitalization of cultural and historical
monuments. ICM performs research studies, supervise the implementation of
legislation in the field of cultural monuments, manages and supervises
conservation and restoration interventions and projects in the entire territory
of the Republic of Albania.

10. INSTITUTIONS RESPONSIBLE FOR THE PROTECTION OF
CULTURAL PROPERTY
The National Council of Archaeology.
Approves, search criteria, documentation and archiving of data and
archaeological materials, the integration strategy of archaeological
research,
The Archaeological Service Agency, an institution under the Ministry of Culture,
responsible for the administration of rescue excavations in the territory
of the Republic of Albania; protection and the study of archaeological
findings, and measures for the salvation of these values.
INSTITUTE OF ARCHAEOLOGY( responsible for excavations and documentation
of findings)
INSTITUTE OF CULTURAL ANTHROPOLOGY (responsible for documentation of
crafts, popular suits, songs, dances, etc)
GENERAL DIRECTORATE OF ARCHIVES (responsible for preservation of written
documents-hard copy) .

11. REGISTRATION AND DOCUMENTATION OF CULTURAL PROPERTIES
AND STOLEN OBJECTS - THE ROAD TOWARDS RESTITUTION

12. REGISTRATION AND DOCUMENTATION OF STOLEN OBJECTS - THE
ROAD TOWARDS RESTITUTION

13. QENDRA
KOMBETARE E
INVENTARIZIMI
T TE PASURIVE
KULTURORE
Inventarizim,
dokumentimi i saktë
shkencor, katalogim,
dixhitslizim i Pasurive
Kulturore
Kontrolli i lëvizjeve të
pasurive kulturore
mbikëqyrjen dhe
monitorimin e
respektimit të të
drejtave të pronësisë
Katalogu i humbjeve
(Antitrafik)

14. NATIONAL INVENTORY CENTRE OF CULTURAL PROPERTIES DATABASE
Each object is identified by a code which is
unique. This code is written in the passport of the
object, on appropriate stamp.
Code

15. INFORMATION IN DATABASE
•Tittle
•Photo
•Ownership
•Type
•Material
•Main dates
•Author
•Current Status
•Location
•No of register
•Category
•Period
•Current location
•Period, culture,
•Value
•Grade of
deteriorations,
•Restorations
undertaken
REGISTRATION AND DOCUMENTATION OF STOLEN OBJECTS - THE
ROAD TOWARDS RESTITUTION

16. NATIONAL INVENTORY CENTRE OF CULTURAL PROPERTIES DATABASE
The database consists of three catalogs:
 ‘ONUFRI’ Catalog
Movable and immovable cultural properties both of public and private
ownership.The objects of this database have the status “cultural heritage”.
Includes over 136,000 objects and over 200,000 photo cards.
 "Maro Kondi" Catalog
private colections , do not have the status “cultural heritage”, but in the future can get, and
according to the law is freedom of movement within the country.
Includes approximately 25000 objects to 30,000 photos
Lost objects catalog
Records of lost objects (2186)
Mainly in ‘92 and during the civil unrest of
‘97until today. There is a small% of real objects
stolen and unfortunately lack of photos (low
resolution)
Includes 2186 objects and only 243 of them with
photos

17. In any case, the permit issued is registered in the National Center of Cultural
Property Inventory.
Permission of MC or CM
According to Law No.9048, dated 07.04.2003 " On
Culture Heritage ‘ Article 19
The removal outside the territory of the Republic of Albania for the purposes of
preservation, restoration, study and exhibition of the state-owned tangible
cultural heritage objects which have only ordinary values is done with the
permission of the Minister in charge for cultural heritage.
The removal outside the territory of
the Republic of Albania for the
purposes of preservation,
restoration, study and exhibition
of the state-owned tangible
cultural heritage objects which have
particular national and unique
values , is done by a Decision of
the Council of Ministers. Procedures
for the removal are defined by the
Council of Ministers, under the
international conventions ratified by
the Republic of Albania .

19. FAVORABLE FACTORS OF THEFT AND TRAFFICKING IN WORKS OF ART
AND CULTURE
According to the State Police statistics:
Albania is mainly identified as a country of origin for trafficking in cultural heritage objects
and not as their destination.
 Low sensitivity of the public and the institutions
 Use of technology (the use of detectors, illegal searches, perfection of the way of
Camouflage stolen objects, the use of electronic communication, etc.)
 Foreign market requirements for these objects
 The existence of international trafficking networks

20. THEFTS FROM SACRAL MONUMENTS
18 icons stolen from the iconostasis of
Labova’s church in 07/01/2008 reported to
INTERPOL stolen works of arts database

22. • P A I N T I N G S
• S C U L P T U R E S
• LITURGICAL OBJECTS
• ETNOGRAPHIC
OBJECTS
• ARHEOLOGICAL ITEMS
STOLEN WORKS OF ART AND CULTURAL GOODS

23. Distribution of the
Lost objects Catalogue to cultural
heritage professionals and law
enforcement officials

24. PROJECT NICCP
The project Objectives:
 To Establish a technical and professional infrastructure installed at the National Inventory Centre of
Cultural Property, according to international standards for establishment of a national computerized
network for Cultural Heritage Management and Protection in Albania.
 To create a network and connection of the National Inventory, with 6 focal points at National Regional
Directorate of Culture for comprehensive management and monitoring inventory, documentation,
changes and movements of cultural heritage
To upgrade the capacity of storage collection and storage of scientific data and maintenance of the
facilities, in the national database for the creation of the National Inventory of Cultural Property
Collection.
 To provide a network system and access to information for stakeholders, (Supreme Administrative
State to recognize the situation, the Ministry of Interior and, through its control of customs points and
the identification and protection of cultural, scientific institutions, museums, collectors private as well
as public for identification study, etc..), with restrictions according to user characteristics.
 To prevent trafficking of movable cultural assets through the creation and updating of national data
bases of objects.
 To upgrade interagency collaboration to support the fight against trafficking of movable cultural
property
 To upgrade national and international cooperation for capacity building of technical and professional
staff.

25. 01
COOPERATION AMONG INSTITUTIONS - NOT AN OPTION BUT A
NECESSARY

26. Drejtoria Kunder
Narkotikeve dhe Trafiqeve
Tirane
Sektori
K.T.
Paligjshme
Durres Lezhe Shkoder
Elbasan
Vlore
Kukes BeratDiber
Korçe Gjirokaster Fier
Anti-trafficking structures in Albania

27. Measures undertaken by Ministry of Culture and State Police for the
efficient fight against theft, smuggling, forgery and illegal trade in arts and
cultural goods
National ACTION PLAN
. .
STATE POLICE MINISTRY OF CULTURE NICCP CUSTOMS
SERVICE

28. National ACTION PLAN
OBJECTIVES
• Creating and updating of the National Inventory of Cultural Property Register.
Determination of the mandatory deadline for implementation 2016-2018 by institutions
that own and manage facilities or Cultural Property objects.
• Improving the legal framework that regulates the field of cultural heritage in order to
strengthen the fight against trafficking in cultural heritage.
• Strengthening coordination among central and local level, to maximize the efforts of all
institutions involved in combating trafficking in movable cultural property.
• Strengthening the professional and technical capacities through the organization of
training and joint meetings.
• Intensification of International Cooperation in the field of illicit trafficking through the
signing of bilateral or multilateral agreements.
• Awareness in the community about illicit trafficking and its consequences.

29. A C T I V I T I E S – MEASURES
 Co-operation between MINISTRY OF THE INTERIOR, MINISTRY OF
CULTURE, CUSTOM SERVICE,
 The exchanging of experience between experts for arts and police officers
during criminal investigations became norm;
 Education and training of police officers,
 Systematic preventive measures and removing of basic causes,
which favor the spreading of criminal activities related to cultural
goods,
 Establishment of unique database on stolen and missing cultural
goods
 Constant encouragement and development of co-operation with
other state institutions,
 International co-operation with the police services and other
institutions
 Presenting all of this problems to the public through the media,
tv, etc

30. 01
INTERNATIONAL FRAMEWORK AND COLLABORATION: HOW
BEST PRACTICES AND EXPERIENCES BUILT CAPACITY

31. STOLEN CULTURAL GOODS AND WORKS OF ART
CRIME RELATED CULTURE GOODS AND ARTS IN ALBANIA
RECOVERED
RECOVERED
RECOVERED
RECOVERED

32. RECOVERED OBJECTS
Portrait of
Herkulianes
Recovered on 3 Korrik 2003 from Grecce.
Portrait of Agripa girl’ portrait

34. Every day cultural objects are subjected to smuggling and illicit trading. As these objects
disappear, so do entire chapters of humanity’s history.
THANK YOU
Mrs. Silva Breshani –
Director of National Heritage
Inventory Centre
Ministry of Culture Albania
Silva.Breshani@qkipk.gov.al