Mexican Federal Law on Monuments PDF

Latest reform published in the DOF on January 28, 2015 On the sidelines a seal with the National Shield, which reads: United Mexican States.-Presidency of the Republic. LUIS ECHEVERRIA ALVAREZ, Constitutional President of the United Mexican States, to its inhabitants, known: That the H. Congr...

Latest reform published in the DOF on January 28, 2015 On the sidelines a seal with the National Shield, which reads: United Mexican States.-Presidency of the Republic. LUIS ECHEVERRIA ALVAREZ, Constitutional President of the United Mexican States, to its inhabitants, known: That the H. Congress of the Union has been used to address the following DECREE: " The Congress of the United Mexican States, decrees: FEDERAL LAW ON MONUMENTS AND ARCHAEOLOGICAL, ARTISTIC AND HISTORICAL AREAS CHAPTER I General Provisions ARTICLE 1o.- The purpose of this law is of national and social interest and its provisions of public order. ARTICLE 2o.- It is of public utility, research, protection, conservation, restoration and recovery of archaeological, artistic and historical monuments and areas of monuments. The Ministry of Public Education, the National Institute of Anthropology and History, the National Institute of Fine Arts and the other cultural institutes of the country, in coordination with State, municipal and private authorities will carry out permanent campaigns to promote knowledge and respect for archaeological, historical and artistic monuments. The National Institute of Anthropology and History and the National Institute of Fine Arts and Literature, in accordance with the regulations of this Law, will organize or authorize civil associations, neighborhood boards, and peasant unions as auxiliary organs to prevent archaeological looting and preserve the nation's cultural heritage. Regional museums will also be established. ARTICLE 3o.- The application of this Act corresponds to: I.- The President of the Republic;  II.- The Secretary of Public Education; III.- The Secretary of National Heritage; IV.- The National Institute of Anthropology and History; V.- The National Institute of Fine Arts and Literature and VI.- Other federal authorities and agencies, in cases of their jurisdiction. ARTICLE 4o.- The authorities of the states and municipalities will have, in the application of this law, the intervention that the same and their regulations point out. ARTICLE 5o.- It is archaeological, artistic, historical and monuments monuments that are expressly determined in this Law and those that are declared as such, of trade or party request. The President of the Republic, or in his case the Secretary of Public Education, prior to the procedure laid down in Articles 5o. Bis and 5o. Ter of this Law, shall issue or revoke the corresponding declaratory, which shall be published in the Official Journal of the Federation. ARTICLE 5o. BIS.- In the declaratory procedures to be initiated at the request of a party, the respective application must be submitted to the competent Institute and meet the following requirements: a) The name, name, or social name of who or who promotes it and, if applicable, its legal representative; b) Home to receive notifications; c) Name of the person or persons authorized to hear and receive notifications; d) The information required to identify unequivocally the object or zone that is the object of the declaratory request; e) Name and address of those who may have legal interest, if known, and f) The facts and reasons why you consider that the good or area in question is susceptible to declaratory. ARTICLE 5o. TER.- The issuing of the declaratory referred to in this Law shall be subject to the following procedure: I. It shall be initiated on its own initiative or at the request of a party, in accordance with the agreement issued by the President of the Republic or the Secretary of Education. Public, through the holder of the competent Institute, as appropriate, and shall be processed in the latter. Treatment of declaratoria followed at the request of a party, the competent institute shall review whether the respective application meets the requirements set out in the article which antecede, in which case it shall be admissible. If not, within ten working days following the filing of the application, the competent institute shall prevent the person from submitting the omissions within five working days from the date of receipt of the request. the effect of the notification being set out. After the end of the procedure, the procedure will be discarded. II. The procedure initiating agreement for the declaration of monuments shall be notified personally to those who may have legal interest and, where appropriate, to the promote with a summary of the agreement. In the case of declarations of areas of archaeological, artistic and historical monuments, the competent institute shall carry out the notification by means of publications containing a summary of the agreement, the area covered by the polygonal, specifying its limits, as well as the identification of the buildings within the area to be declared. Such publications shall be carried out for three consecutive days in the Official Journal of the Federation, in one of the daily newspapers of greater circulation in the institution in which the area covered by the declaratory is located and in one of the most national movement within 10 working days following the issuance of such an agreement. Trying to declare artistic monuments or areas of artistic monuments prior to the notification of initiation of proceedings, the holder of the Institute National of Fine Arts and Literature will send the file of the draft declaration to the National Commission of Areas and Artistic Monuments, for the effects. If the National Commission gives a favourable opinion on the issue of the declaratory, the holder of that Institute shall proceed in accordance with the terms laid down in this section. If not, the procedure shall be terminated by the end of the corresponding agreement by the authority which initiated it, through the holder of the competent institute. If it is a declaratory followed at the request of a party, the Institute shall notify the resolution to the applicant within ten working days from the date on which it is issued, thereby concluding the procedure. III. Interested parties shall have a term of 15 working days from the notification or the last of the publications referred to in the (a) to express to the competent Institute what is appropriate to its right and to present the evidence and pleadings that it considers relevant. IV. Manifest by the interested parties, whatever their right, and the evidence and pleadings or after the end of the term, the holder of the Institute The competent authority shall send to the Secretary of Public Education the relevant file, together with its opinion on the provenance of the declaratory, within 30 working days. V. Received the file by the Secretary of Public Education, if it is a declaratory to be issued, will have a period of one hundred and twenty working days to do so or to issue a resolution to the contrary, through the holder of the competent institute, which shall be notified to the persons concerned within ten working days from the date of issue. If this is a declaratory to be issued to the President of the Republic, the Secretary of Public Education shall send the file within a 90 working days. The President of the Republic shall issue the declaratory or issue a resolution to the contrary through the holder of the competent Institute within one hundred and twenty working days. Such a decision shall be notified to the persons concerned within a period of 10 working days from the date of issue. VI. The resolutions referred to in the above fraction may only be challenged in accordance with the provisions of Article 83 of the Federal Law of Administrative Procedure. VII. During the processing of the procedure, the President of the Republic or the Secretary of Public Education, as appropriate, through the holder of the Competent Institute may dictate the precautionary measures to preserve and preserve the good in question, in terms of this Law, the Federal Administrative Procedure Law and the Federal Code of Civil Procedures. This procedure shall not apply in the case provided for in Article 34 Bis of this Law. For the purposes of this Law, the Federal Law of Administrative Procedure will be applied in an extra way. ARTICLE 5o. QUATER.-In the other acts of authority referred to in this law, different from those mentioned in the previous article, the guarantee of hearing shall be granted in accordance with the provisions of the Federal Law of Administrative Procedure. ARTICLE 6o.- The owners of real estate declared historical or artistic monuments, must retain them and, if necessary, restore them in the terms of the article next, after authorization from the Institute concerned. owners of real estate adjacent to a monument, who intend to carry out excavation, foundation, demolition or construction works, which may affect the characteristics of the historical or artistic monuments, they must obtain the permission of the corresponding Institute, which will be issued once satisfied the requirements that are required in the Regulation. ARTICLE 7o.- The authorities of the States, Federal District and Municipalities when they decide to restore and preserve the archaeological and historical monuments always do, prior to permission and under the direction of the National Institute of Anthropology and History. Likewise, when they resolve to build or condition buildings for the National Institute of Anthropology and History to exhibit the archaeological and historical monuments of that region, may request the appropriate permission, with the requirement that these constructions have the security and control devices fixed by the Regulation. The National Institute of Anthropology and History will be able to receive contributions from the aforementioned authorities, as well as individuals for the purposes of this article. ARTICLE 8.- The authorities of the States, Federal District and Municipalities will be able to collaborate with the National Institute of Fine Arts and Literature for the conservation and display of artistic monuments in terms of the institute. ARTICLE 9o.- The competent Institute shall provide professional advice on the preservation and restoration of the property declared monuments. ARTICLE 10.- The competent Institute shall proceed to the conservation and restoration of a property declared historic or artistic monument, when the owner, having been required to do so, do not perform it. The Treasury of the Federation will make the amount of the works effective. ARTICLE 11.- The owners of immovable property declared historical or artistic monuments that keep them preserved and, if necessary, restore them, in the terms of this law, may apply for the exemption of corresponding predials, in the jurisdiction of the Federal District, on the basis of the technical opinion issued by the competent institute in accordance with the Regulation. The Institutes will promote to the governments of the States the desirability of exempting from the predial tax, the real estate declared monuments, that they do not be exploited for purposes for profit. ARTICLE 12.- Works of restoration and preservation in real estate declared monuments, which are executed without the corresponding authorization or permission, or which violate the They shall be suspended at the disposal of the competent Institute and, where appropriate, shall be demolished by the person concerned or by the Institute, as well as its restoration or reconstruction. The respective municipal authority may act in urgent cases in aid of the Institute concerned, in order to order the provisional suspension of the works. The above shall apply to the works referred to in the second paragraph of Article 6o. The works of demolition, restoration or reconstruction of the good, will be on behalf of the interested party. Where appropriate, the terms of Article 10 shall apply. In these cases, they will be jointly and severally liable with the owner, who has ordered the work and who directs its execution. ARTICLE 13.- The owners of movable property declared historical or artistic monuments must retain them, and in their case restore them, being applicable in the Article 6 (1), 7 (1), 9 (1), 10 (11) and 12 of this Law. ARTICLE 14.- The destination or change of destination of federally owned buildings declared archaeological, historical or artistic monuments must be made by decree issued by the Federal Executive, through the Secretariat of Public Education. ARTICLE 15.- The merchants in monuments and in historical or artistic assets, for the purposes of this Law, must register with the competent Institute, filling the requirements that the respective Regulation marks. ARTICLE 16.- Historical or artistic monuments of particular property may be temporarily or definitively exported, by permission of the competent Institute, in the terms of the Regulation of this Law. The export of archaeological monuments is prohibited, except for exchanges or donations to foreign scientific governments or institutes, according to the President of the Republic. The National Institute of Anthropology and History will promote the recovery of the archaeological monuments of special value for the Mexican nation, which are found abroad. ARTICLE 17.- For the reproduction of archaeological, historical or artistic monuments, for commercial purposes, permission of the competent Institute will be required, and if necessary it will be to the provisions of the Federal Copyright Law. It is the exception of the artisanal production in what will be the provisions of the Law of the matter, and in its absence, by the Regulation of this Law.  ARTICLE 18.- (First paragraph is repealed). The Federal Government, the Decentralized Bodies and the Federal District Government, when carrying out works, will be obliged to use the services of qualified anthropologists, who advise and direct the rescues of archaeology under the direction of the National Institute of Anthropology and History and also deliver the pieces and studies corresponding to this Institute. The products that are collected by the above concepts and other analogues will be part of the own funds of the respective institutes. The Secretariat of Finance and Public Credit will take care that these Institutes have sufficient budgetary allocations in due course for their duties and responsibilities. ARTICLE 19.- In the absence of express provision in this Law, they will be applied in an extra way: I.- International treaties and federal laws; and II.- The civil and criminal codes in force for the Federal District in common matter and for the entire Federal Republic. ARTICLE 20.- To monitor compliance with this Law, the Public Education Secretariat and the Competent Institutes may carry out inspection, in the terms of the respective Regulation. CHAPTER II From The Record ARTICLE 21.- The Public Registry of Monuments and Archaeological and Historical Areas, which are dependent on the National Institute of Anthropology and History and the Public Registry of Monuments and Art Zones, dependent on the National Institute of Fine Arts and Literature, for the inscription of archaeological, historical or artistic monuments and the declarations of respective zones. ARTICLE 22.- The respective Institutes shall register the monuments belonging to the Federation, States and Municipalities and the decentralized agencies, state participation companies and natural persons or private morals, they must register with the corresponding Register, the monuments of their property. The declaration that a property is a monument, must also be registered in the Public Registry of the Property of its jurisdiction, within a period of 15 days counted from their publication in the Official Journal of the Federation.  ARTICLE 23.- Registration in the records shall be made on its own initiative or at the request of the interested party. In order to register ex officio, the person concerned must be notified in advance. In the event of its name or address being ignored, the publication of the name or address shall take effect in the Official Journal of the Federation. The data subject may object and offer evidence within 15 days from the date of notification. The Institute concerned shall receive the evidence and shall, within 30 days of the opposition. ARTICLE 24.- Enrollment does not determine the authenticity of the recorded good. Certification of authenticity shall be issued by means of the procedure laid down in the respective Regulation. ARTICLE 25.- The translative acts of dominion over immovable property declared historical or artistic monuments shall be recorded in public deed. Whoever transmits the domain must manifest, in protest of telling the truth, whether the good matter of the operation is a monument. Public notaries shall mention the declaration of monuments if any and shall give notice to the competent Institute of the operation held within thirty days. ARTICLE 26.- The parties involved in the transfer of the domain of movable property declared historical or artistic monuments, must give notice of their celebration, inside of the following 30 days, to the appropriate Institute. CHAPTER III Of The Archaeological, Artistic, and Historical Monuments ARTICLE 27.- They are the property of the Nation, inalienable and imprinted, the archaeological monuments movable and immovable. ARTICLE 28.- It is archaeological monuments the movable and immovable property, product of cultures prior to the establishment of the Hispanic in the national territory, as well as the human remains, flora and fauna, related to these cultures. ARTICLE 28 BIS.- For the purposes of this Law and its Regulation, the provisions on monuments and archaeological sites will be applicable to the remains or fossil remains of organic beings that inhabited the territory. national in pre-terite times and whose research, conservation, restoration, recovery or use are of paleontological interest, which must be recorded in the respective declaratory to be issued by the President of the Republic. ARTICLE 28 TER. -The provisions on preservation and research in the field of monuments and areas of archaeological and historical monuments will be applicable to traces of human existence that have a cultural, historical or archaeological character, located in the marine zone of the United Mexican States, which have been partially or totally underwater, periodically or continuously, such as: the sites, structures, buildings, objects and human remains, together with its archaeological and natural context; vessels, aircraft, other means of transport or any part thereof. Its cargo or other content, together with its archaeological and natural context; and the objects of prehistoric character. The vessels and aircraft of foreign States, any part of them, their cargo or other content, which enjoy immunity, shall be exempt from the preceding paragraph sovereign under international law. The authorisations to carry out research and exploration of the goods referred to in the first subparagraph shall be subject to the provisions of Article 30 of this Regulation. Law. ARTICLE 29.- The archaeological monuments may not be transported, displayed or reproduced without permission of the competent Institute. The one who finds archaeological assets must give notice to the nearest civil authority. The appropriate authority shall issue the official record of the notice, or surrender, and inform the National Institute of Anthropology and History, within 24 hours, to determine what is appropriate. ARTICLE 30.- All kinds of material work to discover or explore archaeological monuments will only be carried out by the National Institute of Anthropology and History or by scientific institutions or from recognised moral solvency, subject to prior authorisation. ARTICLE 31.- In the authorizations referred to in the previous article, the National Institute of Anthropology and History will point out the terms and conditions to be attached the work, as well as the obligations of those who carry them out. ARTICLE 32.- The National Institute of Anthropology and History will suspend works that are carried out in archaeological monuments without authorization, that violate the granted or in the that there is subtraction of archaeological materials. Where appropriate, it shall apply to the occupation of the place, to the revocation of the authorisation and to the application of the corresponding penalties. ARTICLE 33.- These are artistic monuments of movable and immovable property that have a relevant aesthetic value.  In order to determine the relevant aesthetic value of some good, any of the following characteristics will be considered: representativeness, insertion in certain stylistic current, degree of innovation, materials and techniques used and other similar. Dealing with real estate, it can also be considered its significance in the urban context. Works by living artists who have the nature of movable property cannot be declared artistic monuments. The works of Mexican artists may be declared monuments, whatever the place they are produced. In the case of foreign artists, only works produced on national territory may be declared monuments. The declaration of monument may comprise all the work of an artist or only part of it. They may also be declared artistic monuments or be included within the areas of artistic monuments, works of authors whose identity is unknown. The mural work of relevant aesthetic value will be preserved and restored by the State. ARTICLE 34.- The National Commission of Art Zones and Monuments is created, which will be the object of giving its opinion to the competent authority on the issuing of declarations of artistic monuments and of areas of artistic monuments. The opinion of the commission will be necessary for the issuance of the declaratory. The Commission will be integrated by: a) The Director General of the National Institute of Fine Arts and Literature, who will chair her. b) A representative of the Environment and Natural Resources Secretariat; c) A representative of the National Autonomous University of Mexico. d) Three people, linked to art, appointed by the Director General of the National Institute of Fine Arts and Literature. In the case of the declaratory of artistic monuments of real estate or of areas of artistic monuments, a representative of the Government of the Federative Entity will also be invited where the goods in question are located.  The Commission will only be able to function when the Director-General of the National Institute of Fine Arts and Literature is present and more than half of its other members. Decisions shall be taken by a majority of votes from those present and the president shall have a vote of quality. ARTICLE 34 Bis.- Where there is a risk of irreparable effects on movable or immovable property with relevant aesthetic value, in accordance with Article 33 of this Law, the Secretariat of Public Education, through the The National Institute of Fine Arts and Literature, without the need for the opinion referred to in Article 34, may issue a provisional declaratory of artistic monument or of an area of artistic monuments, duly founded and motivated according to the same Law, which will have effects for a period of 90 calendar days from the notification of the declaration shall be made to the appropriate person, in which the act shall be suspended and the preservation measures resulting from the case shall be implemented. Interested parties may submit to the National Institute of Fine Arts and Literature well-founded objections within 15 days of the notification of the declaratory, which will be made of the knowledge of the Commission of Areas and Artistic Monuments and of the Secretariat of Public Education to be resolved. Within the ninety-day period provided for in this article, a procedure will be issued, if applicable, and the intended procedure will be followed. in Article 5o. Ter of this Law. Otherwise, the suspension will be automatically left without effects. ARTICLE 35.- It is historical monuments the goods linked to the history of the nation, starting from the establishment of Hispanic culture in the country, in the terms of the (a) a declaration of the law. ARTICLE 36.- By determination of this Law are historical monuments: I.- The buildings built in the 16th to the 19th century, destined for temples and their annexes; archbishopric, bishopric and cural houses; seminars, convents or any other dedicated to the administration, dissemination, teaching or practice of a cult religious; as well as education and teaching, for welfare or charitable purposes; for public service and ornato and for the use of civil and military authorities. Furniture found or found in such buildings and the relevant private works of a private character made from the 16th to the 19th centuries. II.- The documents and files belonging to or belonging to the offices and archives of the Federation, the States or the Municipalities and the Curial Houses.  III.- The original manuscripts related to the history of Mexico and the books, brochures and other printed in Mexico or abroad, during the sixteenth to the nineteenth centuries that because of its rarity and importance for Mexican history, deserve to be preserved in the country. IV.- The scientific and technical collections may be raised to this category, by means of the corresponding declaratory. CHAPTER IV Monuments Zones ARTICLE 37.- The President of the Republic, by decree, shall make the declaration of a zone of archaeological, artistic or historical monuments, in the terms of this Law and its Regulation. The declaratory must be registered in the corresponding register, as referred to in Article 21 and published in the "Official Journal" of the Federation. ARTICLE 38.- The monuments areas will be subject to the jurisdiction of the Federal Powers in the terms prescribed by this Law and its Regulations. ARTICLE 39.- Area of archaeological monuments is the area that includes several buildings archaeological sites, or in which their existence is presumed. ARTICLE 40.- Area of artistic monuments, is the area that comprises several artistic monuments associated with each other, with open spaces or topographic elements, the whole of which Aesthetic value magazine in relevant form. ARTICLE 41.- Historical monuments area, is the area that comprises several historical monuments related to a national event or the one that is linked to facts The country's preterites of relevance. ARTICLE 42.- In the zones of monuments and inside and outside of these, all advertisement, notice, posters; the garage, vehicle sites, gasoline or lubricants; telegraphic and telephone posts and wires, transformers and electric power conductors, and lighting installations; and kiocos, templetes, stalls or any other permanent or temporary constructions, shall be subject to the following: provisions to be laid down by this Law and its Rules of Procedure. ARTICLE 43.- In the areas of monuments, the competent institutes will authorize the performance of works, applying the provisions of the chapter I.  CHAPTER V From Competition. ARTICLE 44.- The National Institute of Anthropology and History is competent for monuments and areas of archaeological and historical monuments. ARTICLE 45.- The National Institute of Fine Arts and Literature is competent for monuments and areas of artistic monuments. ARTICLE 46.- In case of doubt about the competence of the Institutes to know a particular matter, the Secretary of Public Education will decide which office corresponds to of the same. For the effects of competition, the archaeological character of a good takes precedence over the historical character, and is in turn about the artistic character. CHAPTER VI Of Sanctions. ARTICLE 47.- When performing material work of archaeological exploration, by excavation, removal or by any other means, in archaeological monuments property, or in areas of archaeological monuments, without the authorization of the National Institute of Anthropology and History, will be imposed prison of three to ten years and of a thousand to three thousand days fine. To whom you order, induce, direct, organize or finance the conduct described in this article, you will be increased to up to one half of the penalties mentioned above. ARTICLE 48.- Al who is using the charge or commission of the National Institute of Anthropology and History or the authorization granted by this Institute for the execution of Archaeological works, arrange for yourself or for another of a furniture archaeological monument, you will be imposed prison of three to ten years and two thousand to five thousand days fine. If the offences provided for in this Law are committed by officials responsible for the implementation of the law, the sanctions relating to them will be applied independently of the which correspond to them in accordance with the Federal Law on Administrative Responsibilities of Public Servants. ARTICLE 49.- To which you carry out any transfer of the domain of an archaeological monument or to trade with it and to which it transports, exhibits or reproduce without the permission and the corresponding registration, will be imposed prison of three to ten years and two thousand to three thousand days fine. To whom you order, induce, direct, organize or finance the acts described in this article, you will be increased by up to one half of the penalties mentioned above. ARTICLE 50.- To which an archaeological monument or a historic monument is illegally held in its possession and which has been found in or comes from a In the case of immovable property referred to in Article 36, part I shall be given a prison of three to nine years and two thousand to three thousand days fine. ARTICLE 51.- To the one who takes over an archaeological, historical or artistic monument without the consent of the one who can dispose of it according to the Law, It will impose prison of three to ten years and two thousand to three thousand days fine. ARTICLE 52.- To which by any means damage, alter or destroy an archaeological, artistic or historical monument, will be imposed prison of three to ten years fine up to the value of the damage caused. When the damage is not intentional, the provisions of the chapter on the application of sanctions against the criminal offences of the Federal Criminal Code will be included. ARTICLE 53.- To which by any means intends to remove or remove from the country an archaeological, artistic or historical monument, without permission of the competent Institute, It will impose prison of five to twelve years and three thousand to five thousand days fine. To whom you order, induce, direct, organize or finance the conduct described in the preceding paragraph, you will be increased by up to one half of the penalties mentioned above. ARTICLE 53 Bis.- When you enter the national territory, take out the country or transfer the property of cultural goods, in violation of the legal provisions adopted in the country of origin of the same, will be imposed prison of three to twelve years and fine of two thousand to four thousand days of general minimum wage in force in the Federal District. The goods in question will be seized and will be made available to the authorities of the country of origin. ARTICLE 54.- To repeat offenders in this Law, the penalty will be increased from two thirds to the other for the duration of the sentence. The punishment for those who are common criminals will be increased from one to two as many as the crime. To resolve on recidivism, habituality and determination of fines, the provisions of the Federal Criminal Code will be available. Archaeological monument traffickers will be considered common criminals for the purposes of this Law. The graduation of the sanctions to which this Law refers will be made taking into account the education, the customs and the conduct of the subject, its economic conditions and the motives and circumstances that drove him to commit. ARTICLE 55.- Any infringement of this Law or its Regulation, which is not provided for in this Chapter, will be sanctioned by the competent Institutes, with a fine of Two hundred thousand days of general minimum wage in force for the Federal District, which may be challenged by the review facility provided for in the Federal Law of Administrative Procedure. TRANSIENT ARTICLE FIRST.- This law will enter into force within thirty days of its publication in the "Official Journal" of the Federation. ARTICLE SECOND.- The Federal Law of the Cultural Heritage of the Nation of 23 December 1968, published in the "Official Journal" of the Federation of 16 December 1968, is repealed. 1970 and shall be repealed with all provisions that are contrary to this Law. ARTICLE THIRD.- The declaratory of monuments that have been issued under previous laws, as well as their inscriptions, subsist in their terms. ARTICLE FOURTH.- The rights acquired under previous laws are respected, with the holders having to comply with the obligations imposed on them.