Traditional Knowledge Laws: Mozambique

Subject Matter of Protection

Article 3 - Definitions

For the purposes of this law, the following definitions shall be adopted:

1. "Cultural heritage" means all the tangible and intangible assets created or assimilated by the Mozambican  people throughout history and of importance in terms of the definition of Mozambican cultural identity.  Cultural heritage consists of both tangible and intangible cultural assets.

2. "Intangible cultural assets" assets that are essential elements of the collective memory of the people, such as history and oral literature, popular traditions, rites and folklore, the various national languages, as well as works of the human mind, together with all forms of artistic and literary creation, irrespective of the medium or vehicle through which they are expressed.

3. "Tangible cultural assets" means immovable or movable assets which, owing to their archaeological, historical, bibliographical, artistic or scientific value, form part of the cultural heritage of Mozambique.

5. "Movable cultural assets" include the following categories:
      a) species that are of scientific interest because of their rarity or uniqueness, such as minerals, rocks, fossils and phytobiological, zoological or anthropological matter;
      b) items of interest from the point of view of archaeology (stone tools, pottery), numismatics (coins, notes, medals and insignia), philately (seals, stamps, postcards and envelopes) or heraldry (emblems and  crests);
      c) old manuscripts, rare editions, illustrations, maps, engravings and other printed matter of historical,  bibliographical or documentary interest;
      d) historical objects and documents relating to economic, social and cultural services, institutions or bodies;
      e) ethnographic objects, utensils, tools, instruments, machines, weapons, typical or ceremonial clothing and ornaments (both secular and religious) and other objects of anthropological or artistic value;
      f) works of plastic art, objects of folk art, decorative art, applied art or handicrafts, which have artistic value or which representeras, genres or styles;
      g) films and sound, mechanical, magnetic or other recordings relating to cultural items or expressions of culture, whether tangible or otherwise, such as oral history accounts, descriptions of traditions, rites or folklore, pieces of music, dance, theater or other forms of artistic or cultural expressions or historic events of the Mozambican people;
      h) documents and objects relating to leading figures in the national liberation movement or other figures who are of social or historical importance owing to their activities in the political, economic, social or cultural fields.

6. "Listed cultural heritage assets" means cultural assets that enjoy special protection from the State on account of their outstanding value.  

Scope of Protection

Article 4 - State responsibility

2. The State shall have special responsibility for ensuring the protection of intangible cultural heritage assets, in particular by means of the following:
      (a) the promotion of the study and revival of popular cultural traditions, rites and folklore;
      (b) the promotion of the collection and the recording - graphically, photographically, on film or phonographically - of intangible cultural heritage assets.

Article 13 - Unforseen discoveries

Any person who discovers sites, constructions, objects or documents likely to be listed cultural assets shall notify the nearest administrative authority of the discovery.

Article 15 - Import and export of cultural assets

1. The Council of Ministers shall regulate the import and export of cultural assets.
2. The export of cultural assets shall be permitted.
3. The export of listed cultural heritage assets shall be prohibited.
4. In exceptional circumstanecs, the temporary export of listed cultural heritage assets may be authorized by the Council of Ministers.

Article 18 - Authorization to use listed assets

Express authorization in terms to be set out by the Council of Ministers shall be required for the use or exploitation of listed assets for industrial or commercial purposes.

Exceptions and Limitations

Article 16 - Exemption from tax charges

1. The temporary or definitive import or export of cultural assets may be exempt from import and export duties on the condition that the assets are intended to be used for cultural or scientific purposes or in some other way in the public interest, within the context of agreements with States or international organizations or foreign public or private bodies.

2. The exemption referred to in the preceding paragraph shall also be applied to the import of materials and equipment intended for restoration work on cultural heritage assets.