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STATUS AS AT : 19-04-2014 08:00:38 EDT
CHAPTER XIV
EDUCATIONAL AND CULTURAL MATTERS
2 . Agreement on the Importation of Educational, Scientific and Cultural Materials
Lake Success, New York, 22 November 1950
Entry into force
:
21 May 1952, in accordance with article XI.
Registration :
21 May 1952, No. 1734
Status :
Signatories : 29. Parties : 100
Text :
United Nations,  Treaty Series , vol. 131, p. 25.
Note :
The Agreement was approved by the General Conference of the United Nations Educational, Scientific and Cultural Organization at its fifth session, held at Florence from 22 May to 17 June 1950, in a resolution1 adopted at the fourteenth plenary meeting on 17 June 1950.
Participant 2, 3, 4, 5
Signature
Ratification, Acceptance(A), Succession(d)
Afghanistan
 8 Oct 1951
19 Mar 1958
Armenia
  23 Aug 2010 A
Australia
   5 Mar 1992 A
Austria
  12 Jun 1958 A
Barbados
  13 Apr 1973 d
Belgium
22 Nov 1950
31 Oct 1957
Bolivia (Plurinational State of)
22 Nov 1950
22 Sep 1970
Bosnia and Herzegovina 6
   1 Sep 1993 d
Bulgaria
  14 Mar 1997 A
Burkina Faso
  14 Sep 1965 A
Cambodia
   5 Nov 1951 A
Cameroon
  15 May 1964 A
Colombia
22 Nov 1950
 
Congo
  26 Aug 1968 A
Côte d'Ivoire
  19 Jul 1963 A
Croatia 6
  26 Jul 1993 d
Cuba
  27 Aug 1952 A
Cyprus
  16 May 1963 d
Czech Republic
  22 Aug 1997 A
Democratic Republic of the Congo
   3 May 1962 d
Denmark
   4 Apr 1960 A
Dominican Republic
22 Nov 1950
 
Ecuador
22 Nov 1950
 
Egypt
22 Nov 1950
 8 Feb 1952
El Salvador
 4 Dec 1950
24 Jun 1953
Estonia
   1 Aug 2001 A
Fiji
  31 Oct 1972 d
Finland
  30 Apr 1956 A
France
14 May 1951
14 Oct 1957
Gabon
   4 Sep 1962 A
Germany 7, 8
   9 Aug 1957 A
Ghana
   7 Apr 1958 d
Greece
22 Nov 1950
12 Dec 1955
Guatemala
22 Nov 1950
 8 Jul 1960
Guinea-Bissau
24 Sep 2013
 
Haiti
22 Nov 1950
14 May 1954
Holy See
  22 Aug 1979 A
Honduras
13 Apr 1954
 
Hungary
  15 Mar 1979 A
Iran (Islamic Republic of)
 9 Feb 1951
 7 Jan 1966
Iraq
  11 Aug 1972 A
Ireland
  19 Sep 1978 A
Israel
22 Nov 1950
27 Mar 1952
Italy
  26 Nov 1962 A
Japan
  17 Jun 1970 A
Jordan
  31 Dec 1958 A
Kazakhstan
  21 Dec 1998 A
Kenya
  15 Mar 1967 A
Kyrgyzstan
  19 Jul 2005 A
Lao People's Democratic Republic
  28 Feb 1952 A
Latvia
  20 Nov 2001 A
Liberia
  16 Sep 2005 A
Libya
  22 Jan 1973 A
Lithuania
  21 Aug 1998 A
Luxembourg
22 Nov 1950
31 Oct 1957
Madagascar
  23 May 1962 A
Malawi
  17 Aug 1965 A
Malaysia
  29 Jun 1959 d
Malta
  19 Jan 1968 d
Mauritius
  18 Jul 1969 d
Monaco
  18 Mar 1952 A
Montenegro 9
  23 Oct 2006 d
Morocco
  25 Jul 1968 A
Netherlands 10
22 Nov 1950
31 Oct 1957
New Zealand 11
16 Mar 1951
29 Jun 1962
Nicaragua
  17 Dec 1963 A
Niger
  22 Apr 1968 A
Nigeria
  26 Jun 1961 d
Norway
   2 Apr 1959 A
Oman
  19 Dec 1977 A
Pakistan
 9 May 1951
17 Jan 1952
Peru
 8 Jul 1964
 
Philippines
22 Nov 1950
30 Aug 1952
Poland
  24 Sep 1971 A
Portugal
  11 Jun 1984 A
Republic of Moldova
   3 Sep 1998 A
Romania
  24 Nov 1970 A
Russian Federation
   7 Oct 1994 A
Rwanda
   1 Dec 1964 d
San Marino
  30 Jul 1985 A
Serbia 6
  12 Mar 2001 d
Sierra Leone
  13 Mar 1962 d
Singapore
  11 Jul 1969 A
Slovakia
   9 Jun 1997 A
Slovenia
   6 Jul 1992 d
Solomon Islands
   3 Sep 1981 d
Spain
   7 Jul 1955 A
Sri Lanka
   8 Jan 1952 A
Sweden
20 Nov 1951
21 May 1952
Switzerland 5
22 Nov 1950
 7 Apr 1953
Syrian Arab Republic
 7 Aug 1979
16 Sep 1980
Thailand
22 Nov 1950
18 Jun 1951
The former Yugoslav Republic of Macedonia 6
   2 Sep 1997 d
Togo
  16 Nov 2009 A
Tonga
  11 Nov 1977 d
Trinidad and Tobago
  11 Apr 1966 d
Tunisia
  14 May 1971 A
Uganda
  15 Apr 1965 A
United Kingdom of Great Britain and Northern Ireland 4, 12
22 Nov 1950
11 Mar 1954
United Republic of Tanzania
  26 Mar 1963 A
United States of America
24 Jun 1959
 2 Nov 1966
Uruguay
27 Apr 1964
20 Apr 1999
Venezuela (Bolivarian Republic of)
   1 May 1992 A
Zambia
   1 Nov 1974 d
Zimbabwe
   1 Dec 1998 d
Declarations and Reservations
(Unless otherwise indicated, the declarations and reservations were made
upon ratification, accession or succession.)
Germany 7, 8
       (1) "Until the expiration of the interim period as defined in article 3 of the Treaty between France and the Federal Republic of Germany of 27 October 1956 on the Settlement of the Saar Questions, the above-mentioned Agreement does not apply to the Saar Territory;
       (2) "In accordance with the aims of the Agreement, as out lined in its preamble, the Federal Republic's interpretation of the provisions contained in article 1 of the Agreement is that the granting of customs exemption is intended to serve the promotion of a free exchange of ideas and knowledge between the States Parties; that, however, this provision does not aim at furthering the shifting of production to a foreign country if such shifts are made chiefly for commercial reasons."

Hungary
       The Hungarian People's Republic calls attention to the fact that articles XIII and XIV of the Agreement are at variance with resolution 1514 on the Granting of Independence to Colonial Countries and Peoples, adopted by the General Assembly of the United Nations at its XVth session on 14 December 1960.

Iraq 13
       Accession by the Republic of Iraq to the Agreement shall [. . .] in no way imply recognition of Israel or lead to entry into any relations with it.

Kenya
       "1. Annex B (vi) of the Agreement requires free admission for `Antiques, being articles in excess of 100 years of age'.  Under the relevant laws in force in Kenya, such items are admitted free of duty only if–
       "(a) They can be classified as `Works of Art'; and
       "(b) They are not intended for resale and are admitted as such by the Commissioner of Customs and Excise; and
       "(c) They are proved to the satisfaction of the Commissioner of Customs and Excise to be `over 100 years old'.
       "If the above conditions are not fulfilled, such articles attract appropriate duty under the Tariff.
       "2. With respect to Annex C (i) of the Agreement, films, filmstrips, microfilms and slides of an educational or scientific character  are granted duty-free entry into Kenya under condi- tions which accord with those specified in the Agreement.  This is not necessarily so in the case of similar materials of  a cultural nature  which are dutiable under the appropriate items in the Tariff.  This position may be attributed to the impossibility of defining the word `cultural' with any degree of precision.
       "3. With respect to Annex C (iii), sound recordings of an educational or scientific character for use under conditions specified in the Agreement are admitted into Kenya free of duty.  However, no special provision exists for the admission of sound recordings of a cultural character and these attract duty under the relevant items of the Tariff."

Libya
       The acceptance of the Libyan Arab Republic of this Agreement does not imply recognition of Israel or the assumption towards Israel of any commitments arising out of this Agreement.

Romania
       The State Council of the Socialist Republic of Romania considers that the maintenance of the state of dependence of certain territories to which the provisions of articles XIII and XIV of the Agreement refer is inconsistent with the Declaration on the Granting of Independence to Colonial Countries and Peoples, which was adopted by the General Assembly of the United Nations on 14 December 1960, by resolution 1514 (XV), which proclaims the necessity of bringing to a speedy and unconditional end colonialism in all its forms and manifestations.
       The State Council of the Socialist Republic of Romania considers that the provisions of paragraph 1 of article IX are inconsistent with the principle that all multilateral treaties whose aim and purpose concern the international community as a whole should be open to universal participation.

Switzerland
       The Government of Switzerland reserves the right to resume its freedom of action with regard to contracting States which unilaterally apply quantitative restrictions and exchange control measures of a nature to render the Agreement inoperative.
       Furthermore, [the signature by the Government of Switzer- land] is appended without prejudice to the attitudes of the Government of Switzerland in regard to the Havana Charter for an International Trade Organization signed at Havana on 24 March 1948.

United States of America
       The ratification is subject to the reservation contained in the Protocol annexed to the Agreement.

Territorial Application
Participant
Date of receipt of the notification
Territories
Belgium 31 Oct 1957 Belgian Congo and Trust Territory of Ruanda-Urundi
France 10 Dec 1951 Tunisia
Netherlands 10 31 Oct 1957 Netherlands New Guinea and Suriname
  30 Dec 1985 Aruba
New Zealand 11 29 Jun 1962 Tokelau Islands
  28 Feb 1964 Cook Islands (including Niue)
United Kingdom of Great Britain and Northern Ireland 4, 12 11 Mar 1954 British Solomon Islands, Central and Southern Line Islands, Christmas Island and the Cocos (Keeling) Islands, Federation of Malaya, Gilbert and Ellice Islands, Malta, Mauritius, Nigeria Colony, Nigeria Protectorate, St. Helena, St. Helena and Dependencies, Sarawak, Seychelles, Sierra Leone Colony, Sierra Leone Protectorate, Singapore, Somalian Protectorate, Tanganyika, Territory of the Cameroons under British Administration, Trinidad and Tobago, Uganda Protectorate, Western Pacific High Commission and Zanzibar Protectorate
  11 Mar 1954 Antigua, Barbados, British Guiana, British Honduras, British Virgin Islands, Brunei, Cayman Islands, Colony of Aden, Fiji, Gambia Colony, Gambia Protectorate, Gibraltar, Gold Coast Colony, Gold Coast Northern Territory, Hong Kong, Jamaica, Kenya Colony, Kenya Protectorate, Leeward Islands, Montserrat, St. Christopher and Nevis, Territory of Togoland under British Administration and Turks and Caicos Islands
  16 Sep 1954 Cyprus, Falkland Islands (Colony and Dependencies) (Malvinas), North Borneo (including Labuan), Tonga (Protected State), Windward Islands (Dominica, Grenada, St. Lucia, St. Vincent)
  18 May 1955 Channel Islands and Isle of Man
  22 Mar 1956 Federation of Rhodesia and Nyasaland
  14 Mar 1960 Bahamas
End Note
1.Records of the General Conference of UNESCO, Fifth Session, Florence, 1950,  Resolutions (5C/Resolutions) , p. 64.
2.The Republic of Viet-Nam had acceded to the Agreement on 1 June 1952.  See also note 1 under “Viet Nam” in the “Historical Information” section in the front matter of this volume.
3.Signed on behalf of the Republic of China on 22 November 1950.  See note concerning signatures, ratifications, accessions, etc., on behalf of China (note 1 under “China” in the “Historical Information” secton in the front matter of this volume.).

On depositing the instrument of acceptance of the Agreement, the Government of Romania stated that it considered the above-mentioned signature as null and void, inasmuch as the only Government competent to assume obligations on behalf of China and to represent China at the international level is the Government of the People's Republic of China.

In a letter addressed to the Secretary-General in regard to the above-mentioned declaration, the Permanent Representative of the Republic of China to the United Nations stated:

"The Republic of China, a sovereign State and member of the United Nations, attended the Fifth Session of the General Conference of the United Nations Educational, Cultural and Scientific Organization, contributed to the formulation of the Agreement on the Importation of Educational, Scientific and Cultural Materials and duly signed the said Agreement on 22 November 1950 at the Interim Headquarters of the United Nations at Lake Success. Any statement relating to the said Agreement that is incompatible with or derogatory to the legitimate position of the Government of the Republic of China shall in no way affect the rights and obligations of the Republic of China as a signatory of the said Agreement."

4.On 6 and 10 June 1997, respectively, the Governments of China and the United Kingdom of Great Britain and Northern Ireland notified the Secretary-General of the following:

China:

[ Same notification as the one made under note 6 in chapter V.3. ]

United Kingdom of Great Britain and Northern Ireland:

[ Same notification as the one made under note 5 in chapter IV.1 .]

In addition, the notification made by the Government of China contained the following declaration:

The signature by the Taiwan authorities on 22 November 1950 by usurping the name of "China" of the said Agreement is illegal and therefore null and void.

5.Including Liechtenstein.  On 16 June 1975, the Government of Switzerland declared that the provisions of the Agreement apply to the Principality of Liechtenstein so long as it is linked to Switzerland by a customs union treaty.
6.The former Yugoslavia had acceeded to the Agreement on 26 April 1951. 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.
7.See note 2 under “Germany” in the “Historical Information” section in the front matter of this volume.
8.See note 1 under “Germany” regarding Berlin (West) in the “Historical Information” section in the front matter of this volume.
9.See note 1 under "Montenegro" in the "Historical Information" section in the front matter of this volume.
10.See note 1 under “Netherlands” regarding Aruba/Netherlands Antilles in the “Historical Information” section in the front matter of this volume.
11.See note 1 under “New Zealand” regarding Tokelau in the “Historical Information” section in the front matter of this volume.
12.See note 1 under "United Kingdom of Great Britain and Northern Ireland" in the "Historical Information" section in the front matter of this volume.
13.In a communication received by the Secretary-General on 20 October 1972, the Government of Israel made the following declaration:

"The Government of Israel has noted the political character of a reservation made by the Government of Iraq on that occasion.  In the view of the Government of Israel, this Agreement is not the proper place for making such political pronouncements. Moreover, that declaration cannot in any way affect whatever obligations are binding upon Iraq under general international law or under particular treaties.  The Government of Israel will, in so far as concerns the substance of the matter, adopt towards the Government of Iraq an attitude of complete reciprocity."