Agreement on the Importation of Educational, Scientific and Cultural Materials
Opened for signature at Lake Success, New York, on 22 November 1950
ENTRY INTO FORCE: 21 May 1952, in accordance with article XI.
REGISTRATION: 21 May 1952, No. 1734.
TEXT: United Nations, Treaty Series, vol. 131, p. 25.
STATUS: Signatories: 28. Parties: 90.1
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 resolutionc adopted at the fourteenth plenary meeting on 17 June 1950.
|
Signature |
Ratification, accession (a), succession (d) |
Afghanistan 8 Oct 1951 19 Mar 1958
Australia 5 Mar 1992
aAustria 12 Jun 1958
aBarbados 13 Apr 1973
dBelgium 22 Nov 1950 31 Oct 1957
Bolivia 22 Nov 1950 22 Sep 1970
Bosnia and Herzegovina 1 Sep 1993
dBulgaria 14 Mar 1997
aBurkina Faso 14 Sep 1965
aCambodia 5 Nov 1951
aCameroon 15 May 1964
aChinac,5
Colombia 22 Nov 1950
Congo 26 Aug 1968
aCôte d'Ivoire 19 Jul 1963
aCroatia 26 Jul 1993
dCuba 27 Aug 1952
aCyprus 16 May 1963
dCzech Republic 22 Aug 1997
aDemocratic Republic of the Congo 3 May 1962
dDenmark 4 Apr 1960
aDominican Republic 22 Nov 1950
Ecuador 22 Nov 1950
Egypt 22 Nov 1950 8 Feb 1952
El Salvador 4 Dec 1950 24 Jun 1953
Fiji 31 Oct 1972
dFinland 30 Apr 1956
aFrance 14 May 1951 14 Oct 1957
Gabon 4 Sep 1962
aGermany6, 7 9 Aug 1957
aGhana 7 Apr 1958
dGreece 22 Nov 1950 12 Dec 1955
Guatemala 22 Nov 1950 8 Jul 1960
Haiti 22 Nov 1950 14 May 1954
Holy See 22 Aug 1979
aHonduras 13 Apr 1954
Hungary 15 Mar 1979
aIran (Islamic
Republic of) 9 Feb 1951 7 Jan 1966
Iraq 11 Aug 1972
aIreland 19 Sep 1978
aIsrael 22 Nov 1950 27 Mar 1952
Italy 26 Nov 1962
aJapan 17 Jun 1970
aJordan 31 Dec 1958
aKazakhstan 21 Dec 1998
aKenya 15 Mar 1967
aLao People's Democratic Republic 28 Feb 1952
aLibyan Arab Jamahiriya 22 Jan 1973
aLiechtenstein1
Lithuania 21 Aug 1998
aLuxembourg 22 Nov 1950 31 Oct 1957
Madagascar 23 May 1962
aMalawi 17 Aug 1965
aMalaysia 29 Jun 1959
dMalta 19 Jan 1968
dMauritius 18 Jul 1969
dMonaco 18 Mar 1952
aMorocco 25 Jul 1968
aNetherlands 22 Nov 1950 31 Oct 1957
New Zealand 16 Mar 1951 29 Jun 1962
Nicaragua 17 Dec 1963
aNiger 22 Apr 1968
aNigeria 26 Jun 1961
dNorway 2 Apr 1959
aOman 19 Dec 1977
aPakistan 9 May 1951 17 Jan 1952
Peru 8 Jul 1964
Philippines 22 Nov 1950 30 Aug 1952
Poland 24 Sep 1971
aPortugal 11 Jun 1984
aRepublic of
Moldova 3 Sept 1998
Romania 24 Nov 1970
aRussian Federation 7 Oct 1994
aRwanda 1 Dec 1964
dSan Marino 30 Jul 1985
aSierra Leone 13 Mar 1962
dSingapore 11 Jul 1969
aSlovakia 9 Jun 1997
aSlovenia 6 Jul 1992
dSolomon Islands 3 Sep 1981
dSpain 7 Jul 1955
aSri Lanka 8 Jan 1952
aSweden 20 Nov 1951 21 May 1952
Switzerlandc 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 2 Sep 1997
dTonga 11 Nov 1977
dTrinidad and Tobago 11 Apr 1966
dTunisia 14 May 1971
aUganda 15 Apr 1965
aUnited Kingdom 22 Nov 1950 11 Mar 1954
United Republic of Tanzania 26 Mar 1963
aUnited States of America 24 Jun 1959 2 Nov 1966
Uruguay 27 Apr 1964
Venezuela 1 May 1992
aYugoslavia 26 Apr 1951
aZambia 1 Nov 1974
dDeclarations and Reservations
germany
(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 outlined 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.
iraqc
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 conditions 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."
libyan arab jamahiriya
The acceptance of the Libyan Arab Republic to 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 Switzerland] 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
|
Date of receipt of the notification |
Territories |
|
|
Belgium |
31 Oct 1957 |
Belgian Congo and the Trust Territory of Ruanda-Urundi |
|
France |
10 Dec 1951 |
Tunisia |
|
Netherlandscc |
31 Oct 1957 |
Surinam and Netherlands New Guinea |
Territorial Application (cont'd)
|
Date of receipt of the notification |
Territories |
|
|
|
1 Jan 1986 |
Aruba |
|
New Zealand |
29 Jun 1962 |
Tokelau Islands |
|
|
28 Feb 1964 |
Cook Islands (including Niue) |
|
11 Mar 1954 |
Aden (Colony and Protectorate), Barbados, British Guiana, British Honduras, Brunei (Protected State), Fiji, Gambia (Colony and Protectorate), Gilbraltar, Gold Coast: ( a) Colony, (b) Ashanti, (c) Northern Territories, (d) Togoland (under United Kingdom Trusteeship), Hong Kong, Jamaica (including Turks and Caicos Islands and the Cayman Islands), Kenya (Colony and Protectorate), Leeward Islands (Antigua, Montserrat, St. Christopher, Nevis and Anguilla), Virgin Islands, Federation of Malaya (The British Settlements of Penang and Malacca and the Protected States of Johore, Kedah, Kelantan, Negri Sembilan, Pahang, Perak, Perlis, Selangor and Trengganu), Malta, Mauritius, Nigeria: (a) Colony, (b) Protectorate, (c) Cameroons (under United Kingdom Trusteeship), St. Helena (including Ascension Island and Tristan da Cunha), Sarawak, Seychelles, Sierra Leone (Colony and Protectorate), Singapore (including Christmas and Cocos (Keeling) Islands), Somaliland Protectorate, Tanganyika (under United Kingdom Trusteeship), Trinidad and Tobago, Uganda (Protectorate), Western Pacific High Commission Territories: British Solomon Islands Protectorate, Gilbert and Ellice Islands Colony, Central and Southern Line Islands, Zanzibar Protectorate |
|
|
|
16 Sep 1954 |
Cyprus, Falkland Islands (Colony and Dependencies), North Borneo (including Labuan), Tonga (Protected State), Windward Islands (Dominica, Grenada, St. Lucia, St. Vincent) |
|
|
18 May 1955 |
The Channel Islands and the Isle of Man |
|
|
22 Mar 1956 |
The Federation of Rhodesia and Nyasaland |
|
|
14 Mar 1960 |
Bahamas |
NOTES:
cc 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.
cc Records of the General Conference of UNESCO, Fifth Session, Florence, 1950,
Resolutions (5C/Resolutions), p. 64.c The Republic of Viet-Nam had acceded to the Agreement on 1 June 1952. See also note in chapter I.2 and note in chapter III.6.
c Signed on behalf of the Republic of China on 22 November 1950. See note concerning signatures, ratifications, accessions, etc. on behalf of China (note in chapter I.1).
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."
c 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 in chapter V.3.]
United Kingdom of Great Britain and Northern Ireland:
[Same notification as the one made under note 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 urusping the name of "China" of the said Agreement is illegal and therefore null and void.
6 See note in chapter I.2.
c A communication was received, on 25 September 1957 from the Government of the Federal Republic of Germany, stating that "the Agreement on the Importation of Educational, Scientific and Cultural Materials also applies to Land Berlin".
With reference to the above-mentioned statement, communications have been addressed to the Secretary-General by the Government of Poland and the Government of the Union of Soviet Socialist Republics. The said communications are identical in essence, mutatis mutandis, to those referred to in note in chapter III.3. See also note cc above.
c 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."
9 See note in chapter I.1.
10 See note in chapter V.2.