CHAPTER XIV

EDUCATIONAL AND CULTURAL MATTERS2Agreement on the Importation of Educational, Scientific and Cultural MaterialsLake Success, New York, 22 November 1950Entry into force21 May 1952, in accordance with article XI.Registration21 May 1952, No. 1734StatusSignatories29Parties1021TextUnited Nations, <i>Treaty Series </i>, vol. 131, p. 25.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 resolution<superscript>2</superscript> adopted at the fourteenth plenary meeting on 17 June 1950.

Participant<superscript>1,3,4,5</superscript>SignatureRatification, Acceptance(A), Succession(d)Afghanistan 8 Oct 1951 19 Mar 1958 Armenia23 Aug 2010 AAustralia 5 Mar 1992 AAustria12 Jun 1958 ABarbados13 Apr 1973 dBelgium22 Nov 1950 31 Oct 1957 Benin18 May 2017 ABolivia (Plurinational State of)22 Nov 1950 22 Sep 1970 Bosnia and Herzegovina<superscript>6</superscript> 1 Sep 1993 dBulgaria14 Mar 1997 ABurkina Faso14 Sep 1965 ACambodia 5 Nov 1951 ACameroon15 May 1964 AColombia22 Nov 1950 Congo26 Aug 1968 ACôte d'Ivoire19 Jul 1963 ACroatia<superscript>6</superscript>26 Jul 1993 dCuba27 Aug 1952 ACyprus16 May 1963 dCzech Republic22 Aug 1997 ADemocratic Republic of the Congo 3 May 1962 dDenmark 4 Apr 1960 ADominican Republic22 Nov 1950 Ecuador22 Nov 1950 Egypt22 Nov 1950 8 Feb 1952 El Salvador 4 Dec 1950 24 Jun 1953 Estonia 1 Aug 2001 AFiji31 Oct 1972 dFinland30 Apr 1956 AFrance14 May 1951 14 Oct 1957 Gabon 4 Sep 1962 AGermany<superscript>7,8</superscript> 9 Aug 1957 AGhana 7 Apr 1958 dGreece22 Nov 1950 12 Dec 1955 Guatemala22 Nov 1950 8 Jul 1960 Guinea-Bissau24 Sep 2013 Haiti22 Nov 1950 14 May 1954 Holy See22 Aug 1979 AHonduras13 Apr 1954 Hungary15 Mar 1979 AIran (Islamic Republic of) 9 Feb 1951 7 Jan 1966 Iraq11 Aug 1972 AIreland19 Sep 1978 AIsrael22 Nov 1950 27 Mar 1952 Italy26 Nov 1962 AJapan17 Jun 1970 AJordan31 Dec 1958 AKazakhstan21 Dec 1998 AKenya15 Mar 1967 AKyrgyzstan19 Jul 2005 ALao People's Democratic Republic28 Feb 1952 ALatvia20 Nov 2001 ALiberia16 Sep 2005 ALibya22 Jan 1973 ALithuania21 Aug 1998 ALuxembourg22 Nov 1950 31 Oct 1957 Madagascar23 May 1962 AMalawi17 Aug 1965 AMalaysia29 Jun 1959 dMali16 Jul 2014 AMalta19 Jan 1968 dMauritius18 Jul 1969 dMonaco18 Mar 1952 AMontenegro<superscript>9</superscript>23 Oct 2006 dMorocco25 Jul 1968 ANetherlands (Kingdom of the)<superscript>10</superscript>22 Nov 1950 31 Oct 1957 New Zealand<superscript>11</superscript>16 Mar 1951 29 Jun 1962 Nicaragua17 Dec 1963 ANiger22 Apr 1968 ANigeria26 Jun 1961 dNorth Macedonia<superscript>6</superscript> 2 Sep 1997 dNorway 2 Apr 1959 AOman19 Dec 1977 APakistan 9 May 1951 17 Jan 1952 Peru 8 Jul 1964 Philippines22 Nov 1950 30 Aug 1952 Poland24 Sep 1971 APortugal11 Jun 1984 ARepublic of Moldova 3 Sep 1998 ARomania24 Nov 1970 ARussian Federation 7 Oct 1994 ARwanda 1 Dec 1964 dSan Marino30 Jul 1985 ASerbia<superscript>6</superscript>12 Mar 2001 dSierra Leone13 Mar 1962 dSingapore11 Jul 1969 ASlovakia 9 Jun 1997 ASlovenia 6 Jul 1992 dSolomon Islands 3 Sep 1981 dSpain 7 Jul 1955 ASri Lanka 8 Jan 1952 ASweden20 Nov 1951 21 May 1952 Switzerland<superscript>1</superscript>22 Nov 1950 7 Apr 1953 Syrian Arab Republic 7 Aug 1979 16 Sep 1980 Thailand22 Nov 1950 18 Jun 1951 Togo16 Nov 2009 ATonga11 Nov 1977 dTrinidad and Tobago11 Apr 1966 dTunisia14 May 1971 AUganda15 Apr 1965 AUnited Kingdom of Great Britain and Northern Ireland<superscript>5,12</superscript>22 Nov 1950 11 Mar 1954 United Republic of Tanzania26 Mar 1963 AUnited States of America24 Jun 1959 2 Nov 1966 Uruguay27 Apr 1964 20 Apr 1999 Venezuela (Bolivarian Republic of) 1 May 1992 AViet Nam 1 Jun 1952 AZambia 1 Nov 1974 dZimbabwe 1 Dec 1998 dGermany<superscript>7,8</superscript>(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."HungaryThe 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<superscript>13</superscript>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 <i> educational or scientific character </i>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 <i>a cultural nature </i>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."LibyaThe 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.RomaniaThe 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.SwitzerlandThe 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 AmericaThe ratification is subject to the reservation contained in the Protocol annexed to the Agreement.

ParticipantDate of receipt of the notificationTerritories

Belgium31 Oct 1957Belgian Congo and Trust Territory of Ruanda-UrundiFrance10 Dec 1951TunisiaNetherlands (Kingdom of the)<superscript>10</superscript>31 Oct 1957Netherlands New Guinea and Suriname30 Dec 1985ArubaNew Zealand<superscript>11</superscript>29 Jun 1962Tokelau Islands28 Feb 1964Cook Islands (including Niue)United Kingdom of Great Britain and Northern Ireland<superscript>5,12</superscript>11 Mar 1954British 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 Protectorate11 Mar 1954Antigua, 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 Islands16 Sep 1954Cyprus, Falkland Islands (Colony and Dependencies) (Malvinas), North Borneo (including Labuan), Tonga (Protected State), Windward Islands (Dominica, Grenada, St. Lucia, St. Vincent)18 May 1955Channel Islands and Isle of Man22 Mar 1956Federation of Rhodesia and Nyasaland14 Mar 1960Bahamas1 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.2Records of the General Conference of UNESCO, Fifth Session, Florence, 1950, <i>Resolutions (5C/Resolutions) </i>, p. 64.3The 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.4Signed 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."5On 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:[ <i>Same notification as the one made under note 6 in chapter V.3. </i>]United Kingdom of Great Britain and Northern Ireland:[ <i>Same notification as the one made under note 5 in chapter IV.1 </i>.]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.6The 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.7See note 2 under “Germany” in the “Historical Information” section in the front matter of this volume.8See note 1 under “Germany” regarding Berlin (West) in the “Historical Information” section in the front matter of this volume.9See note 1 under "Montenegro" in the "Historical Information" section in the front matter of this volume.10See note 1 under “Netherlands” regarding Aruba/Netherlands Antilles in the “Historical Information” section in the front matter of this volume.11See note 1 under “New Zealand” regarding Tokelau in the “Historical Information” section in the front matter of this volume.12See note 1 under "United Kingdom of Great Britain and Northern Ireland" in the "Historical Information" section in the front matter of this volume.13In 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."