UNTC

STATUS AS AT : 04-05-2024 09:15:33 EDT

CHAPTER XIV

EDUCATIONAL AND CULTURAL MATTERS

5 . Protocol to the Agreement on the Importation of Educational, Scientific and Cultural Materials of 22 November 1950

Nairobi, 26 November 1976

Entry into force

2 January 1982, in accordance with article VIII(17a).

Registration

2 January 1982, No. 20669

Status

Signatories : 13. Parties : 46

Text

United Nations, Treaty Series , vol. 1259, p. 3.

Note

The Protocol, approved on 30 March 1976 by a Special Committee of Governmental Experts convened in pursuance of resolution 4.112 of the eighteenth session of the General Conference of UNESCO, was adopted on the Report of Programme Commission II at the thirty-fourth plenary meeting of the nineteenth session of the General Conference of UNESCO at Nairobi, Kenya, on 26 November 1976, and opened for signature on 1 March 1977.

Participant	Signature	Ratification, Accession(a), Acceptance(A), Succession(d)
Armenia		23 Aug 2010 a
Australia		5 Mar 1992 a
Austria	4 Feb 1993	28 Jun 1994
Barbados		10 Apr 1979 a
Belgium	18 Jun 1980	25 Sep 1986
Bosnia and Herzegovina ¹		1 Sep 1993 d
Bulgaria		14 Mar 1997 a
Burkina Faso		3 Dec 2009 a
Croatia ¹		26 Jul 1993 d
Cuba		15 May 1992 a
Cyprus		3 Aug 2004 a
Czech Republic		22 Aug 1997 a
Denmark	18 Jun 1980	17 Feb 1983
Egypt		18 Sep 1981 a
Estonia		1 Aug 2001 a
Finland		17 Feb 1987 a
France	18 Jun 1980	3 Jan 1986
Germany ^{2, 3}	18 Jun 1980	17 Aug 1989
Greece		4 Mar 1983 a
Holy See		22 Feb 1980 a
Iraq		13 Apr 1978 a
Ireland	18 Jun 1980	18 Jun 1980
Italy	18 Jun 1980	2 Jul 1981 A
Kazakhstan		21 Dec 1998 a
Latvia		20 Nov 2001 a
Liberia		16 Sep 2005 a
Lithuania		21 Aug 1998 a
Luxembourg	18 Jun 1980	22 Jun 1982
Montenegro		23 Oct 2006 d
Netherlands (Kingdom of the) ⁴	18 Jun 1980	15 Jul 1981 A
New Zealand ⁵	9 Nov 1981
Niger		29 Dec 2008 a
North Macedonia ¹		2 Sep 1997 d
Oman	19 Dec 1977
Portugal		11 Jun 1984 a
Republic of Moldova		3 Sep 1998 a
Russian Federation		7 Oct 1994 a
San Marino		30 Jul 1985 a
Serbia ¹		12 Mar 2001 d
Slovakia		9 Jun 1997 a
Slovenia ¹		6 Jul 1992 d
Spain		2 Oct 1992 a
Sweden		30 Jul 1997 a
Togo		16 Nov 2009 a
United Kingdom of Great Britain and Northern Ireland ⁶	18 Jun 1980	9 Jun 1982
United States of America	1 Sep 1981	15 May 1989
Uruguay		20 Apr 1999 a
Venezuela (Bolivarian Republic of)		1 May 1992 a

Declarations and Reservations

(Unless otherwise indicated, the declarations and reservations were made
upon ratification, accession, acceptance or succession.)

Australia

Declaration:

"Pursuant to paragraph 16 (a), Australia declares that it will not be bound by Part II, Part IV, Annex C.1, Annex F, Annex G and Annex H of the Protocol."

Austria

Declaration:

"Austria shall not be bound by Part II, Annex C.1, Annex F, Annex G and Annex H."

Barbados

Declaration:

"The Government of Barbados hereby declares that it will not be bound by annex H."

Belgium

Upon signature:

Declaration:

In accordance with the provisions of paragraph 16 (a) of the said Protocol, the Government of Belgium made a declaration according to the terms of which it shall not be bound by Part II, Part IV, Annex C.1, Annex F, Annex G and Annex H of the said Protocol, and within the framework of the European Economic Community, it will examine the possibility of accepting Annex C.1 in the light of the position adopted by other Contracting Parties with regard to that Annex.

Cyprus ⁷

5 June 2006

Declaration:

"The Republic of Cyprus declares in accordance with the provisions of paragraph 16 (a) of the said Protocol that it shall not to be bound by Part II, Part IV, Annex C.1, Annex F, Annex G and Annex H of the said Protocol."

Denmark

Upon signature:

Declaration:

In accordance with the provisions of paragraph 16 (a) of the said Protocol, the Government of Denmark made a declaration according to the terms of which it shall not be bound by Part II, Part IV, Annex C.1, Annex F, Annex G and Annex H of the said Protocol, and within the framework of the European Economic Community, it will examine the possibility of accepting Annex C.1 in the light of the position adopted by other Contracting Parties with regard to that Annex.
Upon ratification:
Declaration:
Pursuant to paragraph 16 (a) of the said Protocol, the Government of Denmark declares that shall not be bound by part II, part IV, annex C.I, annex F, annex G and annex H of the Protocol.

Finland

Declaration:

[Finland] shall not be bound by parts II and IV and annexes C.1, F and G of the Protocol.

France

Upon signature:

Declaration:

In accordance with the provisions of paragraph 16 (a) of the said Protocol, the Government of France made a declaration according to the terms of which it shall not be bound by Part II, Part IV, Annex C.1, Annex F, Annex G and Annex H of the said Protocol, and within the framework of the European Economic Community, it will examine the possibility of accepting Annex C.1 in the light of the position adopted by other Contracting Parties with regard to that Annex.
Upon ratification:
Declaration:
... The Government of France shall not be bound by parts II and IV and anenxes C.1, F, G and H of the Protocol.

Germany ^{2, 3}

Greece

Declaration:

The Government of Greece shall not be bound by part II, part IV, and annexes C.1, F, G and H of the Protocol.

Iraq ⁸

Declaration:

Entry into the above Protocol by the Republic of Iraq shall, however, in no way signify recognition of Israel or be conducive to entry into any relations with it.

Ireland

Upon signature:

Declaration:

“In accordance with the provisions of paragraph 16 (a) of the said Protocol, the Government of Ireland made a declaration according to the terms of which it shall not be bound by Part II, Part IV, Annex C.1, Annex F, Annex G and Annex H of the said Protocol, and within the framework of the European Economic Community, it will examine the possibility of accepting Annex C.1 in the light of the position adopted by other Contracting Parties with regard to that Annex.”
Upon ratification:
Declaration:
"Ireland will not be bound by Part II, Part IV, Annex C.I, Annex F, Annex G and Annex H, or by any of those Parts or Annexes."

Italy

Upon signature:

Declaration:

       “In accordance with the provisions of paragraph 16 (a) of the said Protocol, the Government of Italy made a declaration according to the terms of which it shall not be bound by Part II, Part IV, Annex C.1, Annex F, Annex G and Annex H of the said Protocol, and within the framework of the European Economic Community, it will examine the possibility of accepting Annex C.1 in the light of the position adopted by other Contracting Parties with regard to that Annex.”
Upon ratification :
Declaration:
       "(a) Italy shall not be bound by part II, part IV, annex C.1, annex F, annex G and annex H;
       "(b) Italy, within the framework of the European Economic Community, will examine the possibility of accepting annex C.1 in the light of the position adopted by other Contracting Parties with regard to that annex."

Lithuania

Declaration:

“As provided in paragraph 16 (a) of part VIII of the Protocol the Republic of Lithuania declares that it will not be bound by Part II, Part IV, Annex C.1, Annex F, Annex G and Annex H.”

Luxembourg

Upon signature:

Declaration:

In accordance with the provisions of paragraph 16 (a) of the said Protocol, the Government of Luxembourg made a declaration according to the terms of which it shall not be bound by Part II, Part IV, Annex C.1, Annex F, Annex G and Annex H of the said Protocol, and within the framework of the European Economic Community, it will examine the possibility of accepting Annex C.1 in the light of the position adopted by other Contracting Parties with regard to that Annex.
Upon ratification:
Declaration:
The Government of Luxembourg will not be bound by Part II, Part IV, Annex C.1, Annex F, Annex G and Annex H of the Protocol and will examine the possibility of accepting Annex C.1 in the light of the position adopted by other Contracting Parties with regard to that Annex.

Netherlands (Kingdom of the) ⁴

Upon signature:

Declaration:

“The Government of the Netherlands made a declaration according to the terms of which it shall not be bound by Part II, Part IV, Annex C.1, Annex F, Annex G and Annex H of the said Protocol, and within the framework of the European Economic Community, it will examine the possibility of accepting Annex C.1 in the light of the position adopted by other Contracting Parties with regard to that Annex.”
Upon acceptance:
Declaration:
"In conformity with paragraph 16 (a) of the said Protocol, the Kingdom shall not be bound by part II, part IV, annex C.1, annex F, annex G and annex H thereof."

New Zealand

Upon signature:

Declaration:

"The Government of New Zealand shall not be bound by annex C.1, annex F and annex H of the Protocol."

Portugal

Declaration:

Pursuant to article 16 (a) of the Protocol, [Portugal] shall not be bound by parts II and IV (a) and annexes C.1, F, G and H of the Protocol.

Spain

Declaration:

Pursuant to article 16 of the Protocol, Spain shall not be bound by parts II and IV and annexes C.1, F, G and H of the Protocol.

Sweden

Declaration:

"Sweden shall not be bound by Parts II, IV, and Annexes C.1, F, G and H of the Protocol."

United Kingdom of Great Britain and Northern Ireland

Upon signature:

Declaration:

       “The Government of the United Kingdom of Great Britain and Northern Ireland made a declaration according to the terms of which it shall not be bound by Part II, Part IV, Annex C.1, Annex F, Annex G and Annex H of the said Protocol, and within the framework of the European Economic Community, it will examine the possibility of accepting Annex C.1 in the light of the position adopted by other Contracting Parties with regard to that Annex.”
Upon ratification:
Declaration:
       "The United Kingdom shall not be bound by Part II, Part IV, Annex C.1, Annex F, Annex G and Annex H;
       "The United Kingdom, within the framework of the European Economic Community, will examine the possibility of accepting Annex C.1 in the light of the position adopted by other Contracting Parties with regard to that Annex."
       "The Government of the United Kingdom of Great Britain and Northern Ireland reserves the right to extend the Protocol at a later date, to any territory for whose international relations the Government of the United Kingdom is responsible and to which the Agreement on the Importation of Educational, Scientific and Cultural Materials has been extended in accordance with the provisions of article XIII thereof."

United States of America

Declaration:

"Pursuant to article VII, Section 16 (a), of the Protocol, the United States hereby declares that it will not be bound by Annexes C.1, F, G, and H. The United States will examine the possibility of withdrawing this declaration with regard to annex C.1, and of accepting that annex, in the light of the position adopted by other Contracting Parties with regard to that annex."

End Note

1.The former Yugoslavia had acceeded to the Protocol on 13 November 1981. See also note 1 under “Bosnia and Herzegovina”, “Croatia”, “former Yugoslavia”, “Slovenia”, “The Former Yugoslav Republic of Macedonia” and “Yugoslavia” in the “Historical Information” section in the front matter of this volume.

2.See note 1 under “Germany” regarding Berlin (West) in the “Historical Information” section in the front matter of this volume.

3.See note 2 under “Germany” in the “Historical Information” section in the front matter of this volume.

4.For the Kingdom in Europe and as from 1 January 1986 for Aruba. See also note 1 under “Netherlands” regarding Aruba/Netherlands Antilles in the “Historical Information” section in the front matter of this volume.

5.The signature of the Protocol extends to Tokelau Islands.

6.In a communication received on 20 April 1989, the Government of the United Kingdom of Great Britain and Northern Ireland declared that subject to the same declarations made by the United Kingdom, the Protocol shall extend, with effect from the date of receipt of the said communication, to the following territories for whose international relations the Government of the United Kingdom is responsible:

Bailiwick of Jersey, Bailiwick of Guernsey, Isle of Man, Anguilla, Cayman Islands, Falkland Islands, South Georgia and the South Sandwich Islands, Gibraltar, Montserrat, St. Helena, St. Helena Dependencies, Turks and Caicos Islands, the United Kingdom Sovereign Base Areas of Akrotiri and Dhekelia in the island of Cyprus.

In this connection, on 7 August 1989, the Secretary-General received from the Government of Argentina an objection, identical in essence, mutatis mutandis , to the one made in this regard in note 21 in chapter IV.3, however also referring to General Assembly resolutions 41/40/, 42/19 and 43/25.

7.Within a period of one year from the date of the depositary notification transmitting the declaration (i.e., 14 June 2006), none of the Contracting Parties to the said Protocol had notified the Secretary-General of an objection either to the deposit itself or to the procedure envisaged. Consequently, the declaration in question was accepted for deposit upon the above-stipulated one year period, that is on 14 June 2007.

8.With reference to the declaration made by the Government of Iraq, the Secretary-General received from the Government of Israel on 1 May 1979, the following communication:

"The instrument deposited by the Government of Iraq contains a statement of a political character in respect to Israel. In the view of the Government of Israel, this is not the proper place for making such political pronouncements, which are moreover, in flagrant contradiction to the principles, objects and purposes of the Organization. That pronouncement by the Government of Iraq cannot in any way affect whatever obligations are binding upon it under general international law or under particular treaties.

"The Government of Israel will, insofar as concerns the substance of the matter, adopt towards the Government of Iraq an attitude of complete reciprocity."