Country Summary for CUBA
Definitions
'Cultural Property of the Nation'—composed by those assets, movable and immovable, which are the expression or the testimony of human creation or the evolution of nature, having a special significance concerning archaeology, pre-history, history, literature, education, arts, science and culture in general, and fundamentally:
(a) documents and other goods related to history, including the history of science and technology, as well as the life of the forefathers of the nationality and the independence;
(b) rare species and type specimens of flora and fauna;
(c) results from excavations and archaeological findings;
(ch) elements resulting from the disintegration of artistic or historic monuments, and archaeological sites;
(d) property of artistic interest such as the original objects of art and decorative and applied arts and folk art;
(e) ethnological or folkloric objects and documents;
(f) rare manuscripts and books, and other books, documents and publications of special interest;
(g) photographic, phonographic and cinematographic archives;
(h) maps and other cartographic materials, original or printed scores, editions of special interest, and sound recordings;
(i) objects of numismatic and philatelic interest, including tax stamps and the like, singly or in collections;
(j) ethnographic objects and musical instruments;
(k) every urban historic center, construction or site deserving to be preserved due to its cultural, historical or social significance; and
(l) all other assets that the Ministry of Culture shall declare as part of the Cultural Property of the Nation. (Decree No. 118 of 1983, Art. 1)
'National Monument'—any urban historic center and its construction, site or object that, due to its exceptional character, should be preserved due to its cultural, historic or social significance for the country and that, as such, has been declared by the National Monuments Commission. (Law No. 2 of 1977, Art. 1, para. 1)
'Local Monument'—any construction, site or object that, though not having the required conditions to be declared as National Monument, should be preserved due to its cultural, historic or social interest for a specific locality and that, as such, has been declared by the National Monuments Commission. (Law No. 2 of 1977, Art. 1, para. 2)
'Objects'—those elements that, due to their historic, artistic or scientific nature should be preserved and protected and aside from the fact that they can be in an official institution or in the hands of a specific individual. (Law No. 2 of 1977, Art. 1, para. 6)
'Archaeological sites'—those which in their surface or subsoil have been detected or could be detected the presence of remains of the material culture and the life of men of the past, and which deserve to be studied or preserved due to their scientific or cultural significance. This category includes dive sites in the sea, rivers or lakes. (Decree No. 55 of 1979, Art. 6)
The following are included in Cuban Cultural Property or declared of museum value:
(1) handwritten books;
(2) Incunabla (books issued between 1440 and 1500);
(3) foreign books, brochures and serial publications printed from the 16th through the 18th century (1501-1800);
(4) books, brochures and serial publications published in Cuba in the 18th century. (Resolution No. 11 of 1997, Art. 1)
(1) artworks created in Cuba between the 16th and 19th centuries by Cuban and foreign artists. (Resolution No. 4 of 1989, Art. 1);
(2) artworks executed by Cuban artists born between 1900 and 1960 (Resolution No. 4 of 1989, Art. 2);
(3) all property in the collections of the national museum network that have archeological, historic, literary, educational, artistic, scientific and/or cultural value, generally speaking, as well as all property with the aforementioned values that is over 50 years old and that is in Cuban territory, held by an individual or legal entity. (Resolution No. 3 of 1989, Art. 1)
Registry
Any legal or natural person holding any title on assets considered as Cultural Property of the Nation must declare them, upon requirement, to the National Registry of Cultural Property of the Republic of Cuba without this implying any change of the title through which these property items are held. Those not complying with this obligation within the time set shall be sanctioned according to the law in effect. (Law No. 1 of 1977, Art. 5)
When an asset is declared as part of the Cultural Property of the Nation, it shall be registered de officio in the National Registry of Cultural Property. This registration shall be notified, not later than thirty days, to the owner, possessor, user or holder by any title or concept, who shall be obliged to guarantee its preservation and absolute integrity. (Law No. 1 of 1977, Art. 6)
That all individuals and legal entities that are holders, possessors or owners by any title of property deemed Cuban Cultural Property or of museum value, as referred to in the second LEGAL REASON of this Resolution [objects over 50 years old in Cuban territory, artworks created in Cuba between the 16th and 19th centuries by Cuban and foreign artists and artworks executed by Cuban artists born between 1900 and 1960], must report to the Cultural Property Registry in their area for purposes of declaring it and registering it within a period of 60 calendar days from the publication of this Resolution in the Official Gazette of the Republic. (Resolution No. 5 of 1996, Art. 1)
The aforementioned property items [objects over 50 years old in Cuban territory, artworks created in Cuba between the 16th and 19th centuries by Cuban and foreign artists and artworks executed by Cuban artists born between 1900 and 1960] are subject to the provisions of the Law on the Protection of Cultural Property and its Regulations; registering them does not entail any change of the title through which these property items are held. (Resolution No. 5 of 1996, Art. 2)
The National Registry of Cultural Property of the Republic of Cuba will register all works of the aforementioned artists that are in Cuban territory [Artworks created in Cuba between the 16th and 19th centuries by Cuban and foreign artists and artworks executed by Cuban artists born between 1900 and 1960], including any that are in the possession of individuals or legal entities. This does not entail any change of the title through which the property is held, and regarding title, said individuals and legal entities are subject to the provisions of the Law on the Protection of Cultural Property and its Regulations. (Resolution No. 4 of 1989, Art. 4)
All museums in Cuban territory, as well as legal entities, are required to declare the property referred to in this Resolution [all property in the collections of the national museum network that have archeological, historic, literary, educational, artistic, scientific and/or cultural value, generally speaking, as well as all property with the aforementioned values that is over 50 years old and that is in Cuban territory, held by an individual or legal entity] to the National Registry of Cultural Property of the Republic of Cuba. (Resolution No. 3 of 1989, Art. 2)
The National Monuments Commission, together with the Provincial Commissions, shall keep a Registry of National and Local Monuments. (Decree No. 55 of 1979, Art. 32)
In the Registry of National and Local Monuments must contain all the data that might allow to identify the Monument, such as its location, name, classification, protected zone, ownership, use, restrictions, assessment, time when it was carried out, degree of protection, inventory number, description, state of preservation, proposed preservation actions, bibliographic and documented references, localization period, identification photo and any other data deemed necessary to include. (Decree No. 55 of 1979, Art. 34)
Relevant State Agencies
The Ministry of Culture is the entity in charge of determining and declaring assets that should form part of the Cultural Property of the Nation. (Law No. 1 of 1977, Art. 2)
The National Registry of Cultural Property of the Republic of Cuba has been created within the Ministry of Culture. Besides all data concerning the identification of assets, the above-mentioned Register should also record their location, the natural or legal person who owns such values by any title and reasons for their cultural interest. (Law No. 1 of 1977, Art. 3)
The National Monuments Commission is created within the Ministry of Culture…is in charge of (1)…preservation and restoration of constructions, sites and objects declared or to be declared as National or Local Monuments; (2) authorizing, inspecting and supervising any work to be carried out in a construction, site or object declared as National or Local Monument, as well as declaring the kind of work to be done; (3) declaring which constructions, sites and objects are National or Local Monuments… (Law No. 2 of 1977, Arts. 3 & 4)
The Ministry of Culture, through its Cultural Property Office, is the organization empowered to authorize the temporary or definitive export of cultural property … (Decree No. 118 of 1983, Art. 51)
for Cultural Property Consejo Nacional de Patrimonio Cultural
Calle 4 #810, Esquina 13
Vedado Ciudad de La Habana
Cuba presidencia@cnpc.cult.cu
www.cnpc.cult.cu
Ph: 537-833-4193
538-833-1981
F: 537-66-2106