Agreement on the Importation of Educational, Scientific and Cultural Materials

China

Signed on behalf of China by its representatives to the United Nations and UNESCO at the time of signature.
China is an original Member of the United Nations, the Charter having been signed and ratified in its name, on 26 and 28 September 1945, respectively, by the Government of the Republic of China, which continuously represented China in the United Nations until 25 October 1971.
China is likewise an original Member of UNESCO, the Constitution having been signed and accepted in its name by the Government of the Republic of China which continuously represented China in UNESCO until 29 October 1971.
On 25 October 1971, the General Assembly of the United Nations adopted Resolution 2758(XXVI), which reads as follows:
''The General Assembly,
Recalling the principles of the Charter of the United Nations,
Considering that the restoration of the lawful rights of the People's Republic of China is essential both for the protection of the Charter of the United Nations and for the cause that the United Nations must serve under the Charter,
Recognizing that the representatives of the Government of the People's Republic of China are the only lawful representatives of China to the United Nations and that the People's Republic of China is one of the rive permanent members of the Security Council,
Decides to restore all its rights to the People's Republic of China and to recognize the representatives of its Government as the only legitimate representatives of China to the United Nations, and to expel forthwith the representatives of Chiang Kai-chek from the place which they unlawfully occupy at the United Nations and in all the organizations related to it.
The establishing of the Government of the People's Republic of China, occurring on 1 October 1949, was made known to the United Nations on 18 November 1949. Various proposals were formulated between that date and that of the adoption of the above-quoted resolution with a view to changing the representation of China at the United Nations, but these proposals were not adopted.

On 29 October 1971, the Executive Board of UNESCO, at its 88th session, adopted the following decision (88 EX/Decision 9):
The Executive Board,
Taking into account the resolution adopted by the United Nations General Assembly on 25 October 1971, whereby the representatives of the People's Republic of China were recognized as the only lawful representatives of China to the United Nations,
Recalling resolution 396 adopted by the United Nations General Assembly at its fifth regular session on 14 December 1950 recommending that "the attitude adopted by the General Assembly" on the question of the representation of a Member State "should be taken into account in other organs of the United Nations and in the Specialized Agencies".
Decides that, from today onwards, the Government of the People's Republic of China is the on1y legitimate representative of China in UNESCO and invites the 'Director-General to act accordingly.'
On 29 September 1972 the Secretary-General of the United Nations received the following communication from the Minister of Foreign Affairs of the People's Republic of China (translation):
As concerns the multilateral treaties which the defunct Chinese Government signed, ratified or acceded to before the establishing of the Government of the People's Republic of China, my government will examine their terms before deciding, in the light of circumstances, whether they should or not be recognized.
As from 1 October 1949; day of the founding of the People's Republic of China, the Chiang Kai-chek clique has no right to represent China. Its signing and ratifying of any multilateral treaty, or its acceding to any multilateral treaty, by usurping the name of "China", are all illegal and void. My government will study these multilateral treaties before deciding, in the light of circumstances, .whether it is or is not appropriate to accede to them.
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, Scientific and Cultural 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.

Croatia

In a letter dated 27 July 1992, received by the Secretary-General on 4 August 1992 and accompanied by a list of multilateral treaties deposited with the Secretary-General, the Government of the Republic of Croatia notified that:
"[The Government of]…the Republic of Croatia has decided, based on the Constitutional Decision on Sovereignty and Independence of the Republic of Croatia of 25 June, 1991 and the Decision of the Croatian Parliament in respect of the territory of the Republic of Croatia, by virtue of succession of the Socialist Federal Republic of Yugoslavia of 8 October, 1991, to be considered a party to the conventions that Socialist Federal Republic of Yugoslavia and its predecessor states (the Kingdom of Yugoslavia, Federal People's Republic of Yugoslavia) were parties, according to the enclosed list.
In conformity with the international practice, [the Government of the Republic of Croatia] would like to suggest that this take effect from 8 October, 1991, the date on which the Republic of Croatia became independent."

Germany

Declaration made upon acceptance:
"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;
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

Declaration made upon acceptance:
"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

Declaration made upon accession:
"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."

Israel

In a communication received by the Secretary-General on October 20, 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."

Kenya

Declaration made upon acceptance:
"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."

Libya

Declaration made upon acceptance:
"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."

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.

Romania

Declaration made upon acceptance:
"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

On June 16, 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.

Declaration made upon ratification:
"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

Declaration made upon ratification:
"The ratification is subject to the reservation contained in the Protocol annexed to the Agreement."