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.

Participant3

Signature

Ratification, accession (a), succession (d)

Afghanistan 8 Oct 1951 19 Mar 1958

Australia 5 Mar 1992 a

Austria 12 Jun 1958 a

Barbados 13 Apr 1973 d

Belgium 22 Nov 1950 31 Oct 1957

Bolivia 22 Nov 1950 22 Sep 1970

Bosnia and Herzegovina 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

Chinac,5

Colombia 22 Nov 1950

Congo 26 Aug 1968 a

Côte d'Ivoire 19 Jul 1963 a

Croatia 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

Fiji 31 Oct 1972 d

Finland 30 Apr 1956 a

France 14 May 1951 14 Oct 1957

Gabon 4 Sep 1962 a

Germany6, 7 9 Aug 1957 a

Ghana 7 Apr 1958 d

Greece 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 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

Lao People's Democratic Republic 28 Feb 1952 a

Libyan Arab Jamahiriya 22 Jan 1973 a

Liechtenstein1

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

Morocco 25 Jul 1968 a

Netherlands 22 Nov 1950 31 Oct 1957

New Zealand 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 Sept 1998
a

Romania 24 Nov 1970 a

Russian Federation 7 Oct 1994 a

Rwanda 1 Dec 1964 d

San Marino 30 Jul 1985 a

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

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 d

Tonga 11 Nov 1977 d

Trinidad and Tobago 11 Apr 1966 d

Tunisia 14 May 1971 a

Uganda 15 Apr 1965 a

United Kingdom 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

Venezuela 1 May 1992 a

Yugoslavia 26 Apr 1951 a

Zambia 1 Nov 1974 d

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

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

Participant

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)

Participant

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)

United Kingdomc, cc

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.