Appendix 1: Jordanian Law of

Antiquities
The Law No. 21 for the year 1988 promulgated in the added to that thing or rebuilt after that
Official Gazette, issue No. 3540 dated 17/3/1988 and date.
the amending Law No. 23 for the year 2004 b. Any movable or immovable object as pro-
promulgated in the Official Gazette, issue No. 4662 vided for in Clause “a” of this
dated 1/6/2004. definition which dates back after AD
1750 and which the Minister requests
Article 1: to be considered an antiquity by a
This Law shall be called the Law of decision published in the Official
Antiquities No. 21 for the year 1988 as Gazette.
amended by Law No. 23 for the year 2004 and c. Human, animal and plant remains which
shall be put into effect as of the date it is date back before AD 600.
promulgated in the Official Gazette. 8. Antique site:
a. Any area in the Kingdom that was consid-
Article 2: ered a historic site under former laws.
The following words and terms set out in this b. Any other area that the Minister decides
law shall have the meanings assigned to them that it contains any antiquities or that is
below unless the context denotes otherwise. related to important historical events,
1. The Minister: The Minister of Tourism and provided that his decision shall be
Antiquities. announced in the Official Gazette.
2. The Department: The General Department of 9. Immovable antiquities: These are fixed antiquities
Antiquities. that are connected to the ground whether built on it
or existing underground including antiquities
3. The Director: The Director General of Antiquities.
underwater, and those in territorial waters.
4. The Council of Trustees: The Council of Trustees
10. Movable antiquities: These are antiquities
of the National Museum.
separated from the ground or from immovable
5. Chairman of the Council of Trustees: The
antiquities whose place can be changed without
Chairman of the Council of Trustees.
causing destruction to them, to the antiquities
6. The Director of the Museum: The Director of the
connected thereto, or to the place where they were
National Museum.
found. ‫اﻟﺒﺤﺚ ﻋﻦ اﻻﺛﺎر‬
7. Antiquities:
11. Searching for antiquities: To carry out the activities
a. Any movable or immovable object which
of excavation, probing and inquiry aimed at
was made, written, inscribed, built,
finding movable or immovable antiquities.
discovered or modified by a human
However, the discovery and finding of antiquities
being before the year AD 1750
by chance shall not be considered as searching.
including caves, sculpture, coins,
12. Trader: Any person or entity that carries on trading
pottery, manuscripts and other kinds
in antiquities.
of manufactured products which
13. Season: It is a period of the year during which
indicate the beginning and
searching is stipulated to be performed
development of science, arts,
continuously pursuant to the provisions of the Law.
handicrafts, religions, traditions of
previous civilizations, or any part

59
 14. Antiquities Protectorate: An area of land that a. The Minister may, on the recommendation of the
contains archaeological remains or human or Director and in cooperation with the Department of
natural remains that have been designated and Land and Survey decide the names and limits of
announced by a decision of the Cabinet. This antique sites. These shall be written down in the
decision is based on the recommendation of the immovable antiquities register, including the
Minister supported by a recommendation by the specification of any rights of easement.
Director General. These include the terms and b. Notice of such a decision shall be given to all of the
conditions necessary for the preservation of things authorities concerned. Further, such antique sites
present therein. shall be marked and their rights of easement shall be
Article 3: DoA Responsibilities written in the registers and maps of the Department
a. The Department will carry out the following: of Land and Survey.
1. The execution of archaeological policy Article 5:
of the state. a. Ownership of immovable antiquities shall be
2. The appraisal of the archaeology of objects and exclusively vested in the state. No other party may
antique sites and evaluation of the importance of own these antiquities in any way or challenge the
every piece of antiquity. state’s right to such ownership by delay or any
3. The administration of antiquities, other means.
antique sites and antique protectorates in b. The proprietorship, possession and disposal of
the Kingdom, their protection, movable antiquities shall be subject to the
maintenance, repair, and preservation, provisions hereunder. The proprietorship,
beautification of their surroundings, and possession and disposal of movable antiquities shall
display of their features. be subject to the provisions hereunder.
4. The spread of archaeological culture and c. Amateurs shall have the right, with the consent of
the establishment of archaeological the Department, to own or collect antiquities from
and heritage institutes and museums. outside the Kingdom with a view to acquisition if
5. Searching for antiquities in the Kingdom. this is permitted by the legislation of the country of
6. Rendering assistance in organizing museums origin of any such material. The border Customs
pertaining to Government activities in the Kingdom Centers should be advised upon entry of any such
including historic, technical, and popular museums. material into the Kingdom. The centers will, in turn,
7. Co-operation with local Arab and foreign hand them over to the Department through an
archaeological groups who serve the national employee of the Customs in the presence of the
heritage and spread archaeological awareness in owner to register and document them according to
accordance with the laws and regulations in force. legal procedures
8. The control of possession and disposal of within seven days from the date they are received.
antiquities pursuant to this Law and the d. The ownership of the land will not entitle the
regulations, decisions and instructions landlord to own the antiquities present on its
issued hereunder. surface or in its subsurface or dispose thereof nor
b. The Minister may, on the recommendation of the shall it entitle him to prospect for antiquities
Director, decide that any antiquities are immovable therein.
ones if they are part of immovable antiquities, e. It is permissible to appropriate or purchase any real
supplemental thereto, coupled therewith or an estate or antiquities which the Department’s interest
ornament thereof. requires the appropriation or purchase thereof.
f. All antique sites shall be registered in the name of
Article 4: the Treasury/Antiquities in addition to all the
 antique sites which are not registered with the Article 9: Forbidden Actions
Department, which are discovered in the Treasury It is prohibited to destroy, ruin, disfigure, or
land or which are appropriated or purchased. cause damage to antiquities including the
g. It shall be prohibited to bring into the Kingdom any change of their features, the separation of any
movable antiquities with a view to export them part thereof, transformation thereof, affixing of
whether they are held by a person or through transit notices thereon, or displaying signs on them.
unless it is proved in writing that his possession of
such antiquities is legal. Article 10:
The Cabinet may, on the recommendation of the
Article 6: Minister, lend, exchange or present antiquities
The Minister will, on the recommendation of the if the Department has similar ones provided
Director, publish in the Official Gazette a list that lending, exchange or presentation shall be
of the names and borders of the antique sites in made to official, scientific or archaeological
the Kingdom provided that such lists will be authorities in addition to museums.
displayed in the center of the Governorate,
province, district, locality or village where the Article 11:
antique site is located. No land in such sites a. The prices of books, printed matter, publications,
shall be authorized, leased or appropriated to pictures, maps, molds, modern mosaic works and
any entity without the approval of the Minister. models issued by the Department, supervised by
it or related to its program shall be fixed by a
Article 7: decision of the Director.
Whoever has or is in possession of any movable b. The Director may present any of the materials
antiquities shall provide to the Department a mentioned in Paragraph “a” of this Article to any
list thereof containing their number, pictures, scientific institution, university or institute,
and other details as well as a brief description following a recommendation by the Minister.
of every one of them.
Article 12:
Article 8: The Minister may, on the recommendation of
a. The Department may, with the approval of the the Director exempt persons, institutes and
Minister, purchase the antiquities referred to in the institutions from all the fees and prices stated
preceding Article or any part thereof provided that herein.
their value shall be estimated pursuant to this Law.
The antiquities not purchased shall remain in the Article 13: Conditions for construction near antiquities sites
possession of their owner, who shall have no right a. It is prohibited to license the establishment of any
to dispose thereof in any way without the approval structure including buildings and walls unless it is
of the Minister on the recommendation of the about 5–25 meters away from any antiquities, against
Director. a fair compensation.
b. The Director may request in writing anybody b. It is permissible, by a decision of the Minister on the
having antiquities to hand them over to the recommendation of the Director, to increase the
Department for the purpose of examination or distance mentioned above if necessity requires it in
study or for any other purpose related to its duties any of the following cases:
provided that they shall be returned to their owners 1. The protection or maintenance of the
after their examination within a maximum period antique site.
of one year. 2. The expansion of the antique site.
3. To secure that the antique site is not obscured by any a. the Department or party licensed to excavate may do
construction. so in the state’s domain and other property provided
c. It is prohibited to set up any heavy or dangerous that it shall be restored to its natural and previous
industries, lime furnaces or stone quarries at a condition before the excavation. The said party shall
distance less than one kilometer from the location of compensate the landlords for the damage they sustain
the antique sites. In all cases, prior approval of the due to the activities of excavation.
Department shall be given before inviting offers or b. The estimation of the compensation set out above
awarding tenders for engineering ser- shall be made by a committee to be formed by the
vices, designs and sketches and preparing the Minister on the recommendation of the Director of
documents of public and private projects tenders. three specialists, one of whom shall be from the
private sector.
Article 14: Searching for Gold and treasures The Licensed Parties Commitment to the
Despite the provisions of any other law, no Article 18: Excavation Instructions
person or entity will be allowed to carry out any The parties licensed to survey for or excavate
excavations in antique sites in search of gold or antiquities in the Kingdom, as well as the bodies
other hidden treasures. and expeditions provided by such parties, shall
comply with the instructions issued by the
Article 15: Accidental finding of antiquities Minister, carry out their functions pursuant to the
a. Any person not having an excavation permit who arrangements and shall abide by the procedures
discovers, finds or knows of the discovery of any provided for in those instructions.
antiquities shall announce the discovery to the
Director or the nearest Public Security Center during Article 19: Violation and Suspension of the Excavation Licence
ten days from the date of discovery, finding or If the licensee for excavation or the excavation
knowing of the discovery of such antiquities. entity delegated thereby violates the instructions
b. The Director may, subject to the approval of the issued under this Law, the Department may, in
Minister, pay to the one who discovered or found the addition to the measures provided for herein,
antiquities an appropriate cash reward pursuant to suspend the excavation activities immediately
this Law. until the violation is removed. The Minister
may, on the recommendation of the Director,
Article 16: Carrying out and Licensing Survey and Excavation cancel the license.
The Department alone will have the right to The Minister may, on the recommendation of the
carry out the work of surveying or excavating Director, suspend the work if he believes that
antiquities in the Kingdom. Further, it may, with the safety of the expedition or security
the approval of the Minister, allow scientific exigencies so require.
institutions, commissions and societies as well as
archaeo logical expeditions to survey for or Article 20: Revoking and Re-granting the Excavation Licence
exca- If survey or excavation work is not commenced
vate such antiquities by a special license after during one year from the date of granting the
ascertaining their ability and efficiency, license or during two seasons in two consecutive
provided that the work will proceed pursuant to years without an acceptable excuse, the Minister
the conditions specified by the Director. may, on the recommendation of the Director,
cancel the license. The Minister, however, may
The Restoration of Excavated Site to Its
Article 17: grant a license for work in the same area to any
previous Condition Before the Excavation
 other party and the first party shall have lost all owner of the antiquity. In the case the two experts
rights. differ they shall appoint a third expert
Proprietorship and granting of Antiquities
who will cast a tie-breaking vote.
Article 21: Founded During the Excavations b. If the Department does not purchase the
a. The state shall be the proprietor of all the antiquities antiquities, their possessor may transfer their
found during any work carried out by any entity or ownership to a third party provided that this shall
person in the Kingdom. be made with the knowledge of, and under the
b. Further, the state shall be the proprietor of all the supervision of the Department.
antiquities found during the excavation work carried
out by the licensee in the Kingdom. It is Article 26: Sanctions ‫اﻟﻌﻘﻮﺑﺎت‬
permissible, by a decision of the Minister on the a. A punishment of not less than one year and not
recommendation of the Director, to grant the more than three years imprisonment and a fine not
licensee some of the movable antiquities found, if less than three thousand dinars, in proportion to the
there are others that are similar. value of the antiquities, shall be imposed on any one
who:
Article 22: The DoA Carrying Excavations Outside 1. Prospects for antiquities without obtain-
The Department may, solely or in conjunction ing a license by virtue of this Law.
with any other scientific entity, carry out 2. Trades in antiquities, assists, participates in,
excavation work in any Arab or foreign country interferes with or incites others to do so.
if the Cabinet, on the recommendation of the 3. Fails to provide the Department with a
Minister, finds that the national interest requires list of the antiquities that he owns or
so. possesses when this law takes effect.
Prohibiting and Revoking Previous 4. Destroys, ruins or disfigures any antiquities
Article 23: Licenses of Trading of Antiquities including any change of their features, separating a
Trading in antiquities shall be prohibited. All part thereof, or transforming them.
Licenses for trading in antiquities shall be 5. Makes fake any antiquities or makes an
considered as cancelled upon the execution of attempt to do so.
this Law. 6. Refrains from or is in default of handing over the
Prohibiting Trade, Transport or Export antiquities which he discovered or came across to
of Antiquities Without the Consent of the
Article 24: Cabinet the Department,
Subject to Article 23 hereof, no transport, whether or not he holds license, within
export or sale of movable antiquities outside the prescribed period of time.
the Kingdom shall be permitted without the 7. Moves or disposes of any antiquities in violation of
approval of the Cabinet on the recommendation the Law including hiding or smuggling them.
of the Minister based on the commendation of 8. Steals pieces of antiquities.
the Director. 9. Trades in imitation antiquities alleging that they
Article 25: are genuine ones.
a. The Department, subject to the approval of the b. The antiquities seized as a consequence of the
Minister, may purchase some or all the antiquities commission of the acts mentioned in Paragraph
in the possession of their owner provided that their “a” of this Article shall be confiscated and
price shall be estimated in agreement with the handed over to the Department.
Minister. If no agreement is reached, the price
shall be estimated by two experts, one to be Article 27: Sanctions ‫اﻟﻌﻘﻮﺑﺎت‬
appointed by the Department and the other by the
 A punishment of imprisonment for a period not d. The court may impose a fine of not less than five
less than two months and not more than two hundred dinars and not more than one thousand
years or a fine of not less than five hundred dinars on the owner of the machine used in
dinars in proportion to the value of the committing the encroachment if it is proved that he
antiquities shall be imposed on any one who: knew of same.
a. Attaches notices on any antiquities or puts signs or
any other things thereon. Article 29: ‫اﻋﻄﺎء اﻟﻀﺎﺑﻄﯿﺔ اﻟﻌﺪﻟﯿﺔ ﻟﻤﺪﯾﺮ ورؤﺳﺎء اﻻﻗﺴﺎم و وﻣﻔﺘﺸﯿﻦ اﻻﺛﺎر‬
b. Carries out without a license from the Department For the purposes of executing this Law and the
any of the following acts: regulations issued hereunder, the Director, his
1. Creating fake antiquities or dealing with assistants, Section Heads, inspectors of
fake antiquities. Antiquities and museum managers of the
2. Manufacturing and use of molds or Department, shall be vested with the powers of
samples of antiquities. judicial police provided for in the Law of Penal
c. Discovers or finds any antiquities by chance or if he Procedures in force.
knows of their discovery or finding and fails to
inform about them pursuant to the provisions of this Article 30: ‫ﻣﺘﺮوك ﻟﺘﻘﺪﯾﺮ اﻟﻤﺮء‬

law. Despite the provisions of any other law, there

d. Presents any false statements or information or any shall be no application of the discretionary
incorrect documents to obtain any license or permit commuting reasons below the minimum limit
pursuant to the provisions of this law. prescribed for any of the violations provided for
herein.
Article 28:
a. In addition to the penalties provided for in Article Article 31: ‫اﻧﺸﺎء اﻟﻤﺘﺤﻒ اﻟﻮطﻨﻲ‬
“26” and “27” of this Law: a. There shall be established in the Kingdom a museum
1. The antiquities for which the violation named “The National Museum” which shall enjoy
was committed shall be confiscated. the status of a legal entity with financial and
Moreover, the apparatuses and tools administrative independence.
shall also be confiscated and become the b. The museum shall have a council of trustees and a
property of the Department. management committee whose method of formation,
2. Any construction, buildings or other duties and functions as well as all the matters related
things which were erected, made or to either one of them shall be determined pursuant to
planted in violation of the provisions of a system to be laid down for this purpose.
this law or any system issued hereunder c. The museum shall have a director whose way of
shall be removed at the expense of the appointment, duties and powers shall be determined
offender including the cost of repair of pursuant to the system referred to in Paragraph “b” of
any damage caused to the antiquities. this Article.
b. The expenses and cost payable under this Article d. The museum is aimed to be:
shall be estimated by the Committee provided for in 1. A comprehensive heritage center for the
Article 17 hereof. Its estimation shall be legal history, civilization and culture of the
evidence acceptable to all parties. Kingdom.
c. The Director may request the court to impose 2. A national center of the Kingdom’s historic, antique
attachment on the apparatuses, tools and and heritage property.
machines used during encroachment upon the 3. A developing educational and touristic instrument.
antique sites until it passes its related decision. 4. A center to support authorship in the
 field of antiquities and heritage. The Cabinet may issue the regulations necessary
e. The financial resources of the museum shall consist for the execution of this law including the pros-
of the following: pecting fees conditions, fees of admission into
1. The amount appropriated for it in the general budget. museums and antique sites, museum guide
2. Admission fees which shall be fixed pur- licensing and formation of consultative councils
suant to a system to be created for this and bodies.
purpose.
3. Charges for the services and activities it renders. Article 35:
4. Gifts, aids, donation and any other resources The Law of Antiquities No. 26 for the year 1968
accepted by the Council of shall be repealed. Further any other law or
Trustees subject to the approval of the legislation shall be repealed as far as it is in
Cabinet if they are of non-Jordanian conflict with this Law provided that the
source. regulations, instructions, decisions, lists and
5. The museum shall be subject to the auditing and procedures which were issued or taken pursuant
control of the Accounting Bureau. to any former law or legislation shall remain in
effect until they are amended, cancelled or
Article 32: replaced by virtue of this Law.
A suitable financial reward shall be granted to
any person who: Article 36:
a. Assists in confiscating any antiquities which are
found and circulated in violation of this Law, the The Prime Minister and the Ministers shall be
regulations, instructions and decisions issued charged with the execution of the provisions of
hereunder. this Law.
b. Provides any information which leads to the
disclosure of any violation of this Law, the
regulations, instructions and decisions issued
hereunder.

Article 33:
a. The rewards provided for in this Law shall be paid as
follows:
1. By a decision of the Director if the reward does not
exceed one hundred dinars and by a decision of the
Minister on the recommendation of the Director if
it exceeds one hundred up to two hundred dinars.
2. By a decision of the Prime Minister on the
recommendation of the Minister if the reward
exceeds two hundred dinars.
b. The estimation of a reward shall be made, in all
cases, by the Committee provided for in Article “17”
hereof or by any other committee which the Minister
decides to form for this purpose.

Article 34: