Treaty Series No. 899

Treaty Between the United States and Other American Republics for the Protection of Artistic and Scientific Institutions and Historic Monuments, Signed at Washington, April 15, 19352

The High Contracting Parties, animated by the purpose of giving conventional form to the postulates of the Resolution approved on December 16, 1933,3 by all the States represented at the Seventh International Conference of American States, held at Montevideo, which recommended to “the Governments of America which have not yet done so that they sign the ‘Roerich Pact’, initiated by the Roerich Museum in the United States, and which has as its object, the universal adoption of a flag, already designed and generally known, in order thereby to preserve in any time of danger all nationally and privately owned immovable monuments which form the cultural treasures of peoples”, have resolved to conclude a treaty with that end in view, and to the effect that the treasures of culture be respected and protected in time of war and in peace, have agreed upon the following articles:

Article I

The historic monuments, museums, scientific, artistic, educational and cultural institutions shall be considered as neutral and as such respected and protected by belligerents.

The same respect and protection shall be due to the personnel of institutions mentioned above.

The same respect and protection shall be accorded to the historic monuments, museums, scientific, artistic, educational and cultural institutions in time of peace as well as in war.

Article II

The neutrality of, and protection and respect due to, the monuments and institutions mentioned in the preceding article, shall be [Page 220]recognized in the entire expanse of territories subject to the sovereignty of each of the signatory and acceding States, without any discrimination as to the State allegiance of said monuments and institutions. The respective Governments agree to adopt the measures of internal legislation necessary to insure said protection and respect.

Article III

In order to identify the monuments and institutions mentioned in article I, use may be made of a distinctive flag (red circle with a triple red sphere in the circle on a white background) in accordance with the model attached to this treaty.4

Article IV

The signatory Governments and those which accede to this treaty, shall send to the Pan American Union, at the time of signature or accession, or at any time thereafter, a list of the monuments and institutions for which they desire the protection agreed to in this treaty.

The Pan American Union, when notifying the Governments of signatures or accessions, shall also send the list of monuments and institutions mentioned in this article, and shall inform the other Governments of any changes in said list.

Article V

The monuments and institutions mentioned in article I shall cease to enjoy the privileges recognized in the present treaty in case they are made use of for military purposes.

Article VI

The States which do not sign the present treaty on the date it is opened for signature, may sign or adhere to it at any time.

Article VII

The instruments of accession, as well as those of ratification and denunciation of the present treaty, shall be deposited with the Pan American Union, which shall communicate notice of the act of deposit to the other signatory or acceding States.

Article VIII

The present treaty may be denounced at any time by any of the signatory or acceding States, and the denunciation shall go into effect three months after notice of it has been given to the other signatory or acceding States.

In witness whereof, the undersigned Plenipotentiaries, after having deposited their full powers found to be in due and proper form, [Page 221]sign this treaty on behalf of their respective governments, and affix thereto their seals, on the dates appearing opposite their signatures.

For the Argentine Republic:
Felipe A. Espil
April 15, 1935. [seal]
For Bolivia:
Enrique Finot
April 15, 1935. [seal]
For Brazil:
Oswaldo Aranha
April 15, 1935. [seal]
For Chile:
M. Trucco
April 15, 1935. [seal]
For Colombia:
M. Lopez Pumarejo
April 15, 1935. [seal]
For Costa Rica:
Man. González Z.
April 15, 1935. [seal]
For Cuba:
Guillermo Patterson
April 15, 1935. [seal]
For the Dominican Republic:
Raf. Brache
April 15, 1935. [seal]
For Ecuador:
C. E. Alfaro
April 15, 1935. [seal]
For El Salvador:
Hector David Castro
April 15, 1935. [seal]
For Guatemala:
Adrian Recinos
April 15, 1935. [seal]
For Haiti:
A. Blanchet
April 15, 1935. [seal]
For Honduras:
M. Paz Baraona
April 15, 1935. [seal]
For Mexico:
F. Castillo Najera
April 15, 1935. [seal]
For Nicaragua:
Henri de Bayle
April 15, 1935. [seal]
For Panama:
R. J. Alfaro
April 15, 1935. [seal]
For Paraguay:
Enrique Bordenave
April 15, 1935. [seal]
For Peru:
M. de Freyre y S.
April 15, 1935. [seal]
For United States of America:
Henry A. Wallace
April 15, 1935. [seal]
For Uruguay:
J. Richling
April 15, 1935. [seal]
For Venezuela:
Pedro M. Arcaya
April 15, 1935. [seal]
  1. In English, Spanish, Portuguese, and French; English text, only, printed. Ratification advised by the Senate, July 2 (legislative day of May 13), 1935; ratified by the President, July 10, 1935; ratification of the United States deposited with the Pan American Union at Washington, July 13, 1935; proclaimed by the President, October 25, 1935.
  2. See Report of the Delegates of the United States of America to the Seventh International Conference of American States, Montevideo, Uruguay, December 3–26, 1933 (Washington, Government Printing Office, 1934), pp. 207–208.
  3. A reproduction of the model is printed in Department of State Treaty Series No. 899.