Page 30 - Manual for Activities directed at the Underwater Cultural Heritage

© Dirección General de Bellas Artes, Secretaría de Cultura del Gobierno de España. Restitution of the stolen cargo of the Nuestra Señora de las Mercedes.
On 31 January 2011, Odyssey Marine Exploration Inc, an American company claiming to be ‘the world leader in deep- ocean shipwreck exploration’ lost its appeal against the decision
of a US federal court to return
to Spanish authorities 17 tons
of gold and silver coins salvaged under the code name ‘Black
Swan’ from the Spanish war frigate of the Nuestra Señora de las Mercedes, sunk by the English fleet during the battle of Cape
St. Mar y in 1804. After an intense five-year legal battle, Odyssey Marine Exploration had to comply with the court ruling ordering it to restitute the Mercedes’ cargo to Spanish authorities.
That the company was thus penalized was hailed as a landmark victory in the defence of underwater heritage.The UNESCO Convention on the Protection of the Underwater Cultural Heritage prohibits pillaging and commercial exploitation of submerged archaeological sites.
Rule 2.
The commercial exploitation of underwater cultural heritage for trade or speculation or its irretrievable dispersal is fundamentally incompatible with the protection and pro- per management of underwater cultural heritage. Underwater cultural heritage shall not be traded, sold, bought or bartered as commercial goods.
This Rule cannot be interpreted as pre- venting:
(a) the provision of professional archaeo- logical services or necessary services inci- dental thereto whose nature and purpose are in full conformity with this Convention and are subject to the authorization of the competent authorities;
(b) the deposition of underwater cultural heritage, recovered in the course of a research project in conformity with this Convention, provided such deposition does not prejudice the scientific or cultural interest or integrity of the recovered material or result in its irretrievable dispersal; is in accordance with the provisions of Rules 33 and 34; and is subject to the authorization of the competent authorities.
Rule 2 embodies respect for the public interest in the proper management of cul- tural heritage for everyone. Our heritage should not be seen as an economic resource available to be used in trade or speculation. Upon recovery, it should be treated so as to preserve those characteristics - scientific and/or cultural - that give it its unique value for humanity. Heritage should
Commercial exploitation
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General Principles