Part 4: Property exported from occupied territory Section 16: "Unlawfully exported cultural property" etc.
This section defines what is meant by "unlawfully exported cultural property" for the purposes of this Part of the Act. The cultural property in question must have been exported from occupied territory, and its export must have been unlawful under either the laws of the territory in question, or under rules of international law such as the First Protocol. The unlawful export need not have taken place after this Act comes into force – cultural property unlawfully exported from occupied territory at any time after 1956 (when the First Protocol came into force) will come within the definition. So, for example, outstanding antiquities stolen in an occupied territory and smuggled out of that territory in the 1960s would fall within the definition of "unlawfully exported cultural property".
	Subsection (5) makes clear that the test for "occupied territory" is drawn from Article 42 of the Regulations concerning the Laws and Customs of War on Land, done at the Hague, 18 October 1907. Under that provision: "Territory is considered occupied when it is actually placed under the authority of the hostile army. The occupation extends only to territory where such authority has been established and can be exercised."
	Subsection (6) provides that, where the Secretary of State issues a certificate stating whether a particular territory is or was occupied by a Party to the First or Second Protocol or any other state, that certificate will be conclusive evidence of that fact. However, this does not mean that a certificate needs to be provided in all cases. Alternative evidence may be provided to prove the status of a particular territory.