Royal Decree No. 35/2019 issuing the Cultural Heritage Law.
Country
Type of law
Legislation
Abstract
This Law, consisting of 86 articles, is designed to protect and promote awareness of the cultural heritage of Oman. It establishes the Ministry of Heritage and Culture as the sole authority responsible for cultural heritage affairs, including its collection, documentation, protection, management, and transmission to future generations. The Ministry is also responsible for promoting Omani cultural heritage, raising public awareness, and coordinating with relevant national authorities. It further oversees World Cultural Heritage matters in cooperation with international organizations and the authorities managing World Heritage sites, ensuring compliance with international obligations, and is responsible for the development and management of archaeological, historical, and cultural sites across the Sultanate. The Law defines Omani cultural heritage as all heritage located within the Sultanate unless proven to belong to another state, as well as heritage created by Omanis abroad and by non-residents considered significant by the Minister. It also includes movable heritage discovered in Oman and taken abroad, as well as any other items deemed culturally important by the Minister. Movable cultural heritage covers natural and scientific specimens, archaeological objects, artworks, and historical items such as coins, pottery, weapons, clothing, jewelry, musical instruments, and meteorite fragments. Underwater cultural heritage includes submerged sites, structures, artifacts, human remains, and vessels or aircraft with their contents and archaeological context, while excluding active seabed installations such as pipelines and cables.
The Law requires obtaining a license from the Ministry before engaging in any activity involving cultural heritage, including its sale, purchase, export, or import, as well as copying, reproducing, or restoring heritage items. It also mandates licensing for the establishment of private museums or private heritage houses. The Ministry may license the importation of cultural heritage. The Ministry is responsible for surveying, collecting, documenting, and publishing Omani intangible cultural heritage in cooperation with relevant entities. This includes oral traditions and customs, musical and folk arts, social practices and rituals, traditional craftsmanship skills, and inherited knowledge and practices related to nature, the environment, health remedies, water sourcing, and life in specific environmental conditions, including maritime and land-based traditions.
Under Article 33, the Ministry is required to establish the “Omani Cultural Heritage Register,” which is divided into public and private sections. This register classifies cultural heritage according to several criteria, including items of historical value such as remains of past civilizations, inscriptions, sculptures, drawings, and manuscripts; objects of aesthetic value resulting from human activity, nature, or both; and heritage of scientific, technical, or artistic significance. It also includes heritage of social importance, rare heritage at risk of extinction or evidence of extinct natural or cultural forms such as ancient species, fossils, meteorites, and unique landscapes, as well as heritage of symbolic value linked to important events or places of moral significance to the Sultanate. In addition, it covers representative heritage reflecting historical ways of life across civilizations, and heritage of informational or industrial value.
Chapter 4 regulates archaeological survey, excavation, and the expropriation of cultural heritage in the Sultanate. It grants the Ministry exclusive authority to conduct archaeological activities and requires a license for any third-party involvement. The Ministry may access private land for archaeological purposes and may temporarily use or permanently expropriate land or cultural heritage for public interest, subject to compensation and restoration requirements. Additionally, the Chapter (i) sets out procedures for expropriation of both movable and immovable heritage; (ii) regulates compensation, allows grievances within set time limits, and permits temporary expropriation in urgent cases; (iii) restricts alterations to expropriated heritage; (iv) provides for transfer of ownership to the Ministry through formal procedures. Expropriation decisions lapse if not executed within one year. Chapter 5 sets out a comprehensive regime for the protection of Omani cultural heritage by prohibiting any damage, alteration, misuse, or disrespect to cultural heritage, including sites, materials, and intangible elements, as well as the unauthorized removal, trade, or destruction of heritage items. It restricts activities within heritage sites and buffer zones unless licensed by the Ministry. It also mandates prompt reporting of loss or theft and grants the Ministry broad powers to prevent and address violations, with no time limit on claims to recover public cultural heritage.
The Law requires obtaining a license from the Ministry before engaging in any activity involving cultural heritage, including its sale, purchase, export, or import, as well as copying, reproducing, or restoring heritage items. It also mandates licensing for the establishment of private museums or private heritage houses. The Ministry may license the importation of cultural heritage. The Ministry is responsible for surveying, collecting, documenting, and publishing Omani intangible cultural heritage in cooperation with relevant entities. This includes oral traditions and customs, musical and folk arts, social practices and rituals, traditional craftsmanship skills, and inherited knowledge and practices related to nature, the environment, health remedies, water sourcing, and life in specific environmental conditions, including maritime and land-based traditions.
Under Article 33, the Ministry is required to establish the “Omani Cultural Heritage Register,” which is divided into public and private sections. This register classifies cultural heritage according to several criteria, including items of historical value such as remains of past civilizations, inscriptions, sculptures, drawings, and manuscripts; objects of aesthetic value resulting from human activity, nature, or both; and heritage of scientific, technical, or artistic significance. It also includes heritage of social importance, rare heritage at risk of extinction or evidence of extinct natural or cultural forms such as ancient species, fossils, meteorites, and unique landscapes, as well as heritage of symbolic value linked to important events or places of moral significance to the Sultanate. In addition, it covers representative heritage reflecting historical ways of life across civilizations, and heritage of informational or industrial value.
Chapter 4 regulates archaeological survey, excavation, and the expropriation of cultural heritage in the Sultanate. It grants the Ministry exclusive authority to conduct archaeological activities and requires a license for any third-party involvement. The Ministry may access private land for archaeological purposes and may temporarily use or permanently expropriate land or cultural heritage for public interest, subject to compensation and restoration requirements. Additionally, the Chapter (i) sets out procedures for expropriation of both movable and immovable heritage; (ii) regulates compensation, allows grievances within set time limits, and permits temporary expropriation in urgent cases; (iii) restricts alterations to expropriated heritage; (iv) provides for transfer of ownership to the Ministry through formal procedures. Expropriation decisions lapse if not executed within one year. Chapter 5 sets out a comprehensive regime for the protection of Omani cultural heritage by prohibiting any damage, alteration, misuse, or disrespect to cultural heritage, including sites, materials, and intangible elements, as well as the unauthorized removal, trade, or destruction of heritage items. It restricts activities within heritage sites and buffer zones unless licensed by the Ministry. It also mandates prompt reporting of loss or theft and grants the Ministry broad powers to prevent and address violations, with no time limit on claims to recover public cultural heritage.
Attached files
Web site
Date of text
Entry into force notes
This Royal Decree enetrs into force on the date of its publication in the Official Gazette.
Repealed
No
Source language
English
Legislation Amendment
No
Original title
مرسوم سلطاني رقم ٣٥ / ٢٠١٩ بإصدار قانون التراث الثقافي