Prior to the US-China MOU, basic guidelines for moving cultural property in and out of China were already established through both the 2007 LPCR and the Review Standards on the Exit of Cultural Objects and the Administrative Rules on the Review of the Entry and Exit of Cultural Objects.
(127) Prior to the US-China MOU, China's 2002 LPCR included a total ban on the export of cultural objects produced before 1795, (128) and permitted only temporary loans to foreign museums upon approval from SACH or the State Council.
[yjou've got to follow the laws." (135) However, the 2007 LPCR's three-year time limit for loans among domestic institutions and one-year limit for foreign loans (subject to a one-year extension upon approval) (136) violates the language of 'best efforts' required by the US-China MOU.
As mentioned above, the process for foreign archaeologists to acquire permits to work in China is set forth in China's 2007 LPCR. (143) Regarding exchange of students and professionals in archaeology, foreign archaeologists are required to submit a special report to the administrative department in charge of cultural relics under the State Council for its permission.
(184) Because current Chinese cultural property laws permit individuals to acquire movable cultural property at auction and the language of the 2007 LPCR does not appear to include a prohibition on foreigners, (185) the US-China MOU's import restrictions may cut off American collectors and museums from a portion of the international market.
php?docid=1282593198> (amending only articles 22, 23, and 40, and otherwise leaving the 2002 LPCR intact).
15-16 (arguing that some analysts consider such a broad provision helpful as it will increase as funds increase overall and because provisions for funding are difficult to enforce; however, Newell also criticises the Chinese Government's failure to reserve any funds to financially reward individuals for implementing cultural property regulations as outlined in the LPCR).
(136) 2007 LPCR, above, note 51, at art 40; [Regulations for the Implementation of the People's Republic of China on Protection of Cultural Relics], (promulgated by the State Council 13 May 2003, effective 1 July 2003), at art.
The 1982 LPCR appears on its face to constitute a meaningful exercise of China's authority and eagerness to concretely address the systematic destruction of her cultural heritage.
The 2002 LPCR also appears to encourage citizen participation in the preservation of cultural property.
Also, the 2002 LPCR continues the confusion beset by the 1982 LPCR by mandating that the central government is responsible for protecting only the most precious relics.
Under the 1982 LPCR, private transactions were illegal.