Protocol to the Agreement on the Importation of Educational, Scientific or Cultural Materials
Done at: Nairobi
Date enacted: 1976-11-26
In force: 1982-01-02
Content
The contracting States parties to the Agreement on the Importation of Educational, Scientific and Cultural Materials, adopted by the General Conference of the United Nations Educational, Scientific and Cultural Organization at its fifth session held in Florence in 1950,
Reaffirming the principles on which the Agreement, hereinafter called "the Agreement", is based,
Considering that this Agreement has proved to be an effective instrument in lowering customs barriers and reducing other economic restrictions that impede the exchange of ideas and knowledge,
Considering, nevertheless, that in the quarter of a century following the adoption of the Agreement, technical progress has changed the ways and means of transmitting information and knowledge, which is the fundamental objective of that Agreement,
Considering, further, that the developments that have taken place in the field of international trade during this period have, in general, been reflected in greater freedom of exchanges,
Considering that since the adoption of the Agreement, the international situation has changed radically owing to the development of the international community, in particular through the accession of many States to independence,
Considering that the needs and concerns of the developing countries should be taken into consideration, with a view to giving them easier and less costly access to education, science, technology and culture,
Recalling the provisions of the Convention on the means of prohibiting and preventing the illicit import, export and transfer of ownership of cultural property, adopted by the General Conference of UNESCO in 1970, and those of the Convention concerning the protection of the world cultural and natural heritage, adopted by the General Conference in 1972,
Recalling, moreover, the customs conventions concluded under the auspices of the Customs Co-operation Council, in consultation with the United Nations Educational, Scientific and Cultural Organization, concerning the temporary importation of educational, scientific and cultural materials,
Convinced that new arrangements should be made and that such arrangements will contribute even more effectively to the development of education, science and culture which constitute the essential bases of economic and social progress,
Recalling resolution 4.112 adopted by the General Conference of UNESCO at its eighteenth session,
Have agreed as follows:
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In faith whereof the undersigned, duly authorized, have signed this protocol on behalf of their respective governments.
Annexes
Annex A
Books, publications and documents
i. |
Printed books, irrespective of the language in which they are printed and whatever the amount of space given over to illustrations, including the following:
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ii. |
Printed documents or reports of a non-commercial character. |
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iii. |
Microforms of the articles listed under items (i) and (ii) of this Annex, as well as of those listed under items (i) to (vi) of Annex A to the Agreement. |
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iv. |
Catalogues of films, recordings or other visual and auditory material of an educational, scientific or cultural character. |
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v. |
Maps and charts of interest in scientific fields such as geology, zoology, botany, mineralogy, palaeontology, archaeology, ethnology, meteorology, climatology and geophysics, and also meteorological and geophysical diagrams. |
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vi. |
Architectural, industrial or engineering plans and designs and reproductions thereof. |
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vii. |
Bibliographical information material for distribution free of charge. |
Annex B
Works of art and collectors' pieces of an educational, scientific or cultural character
i. |
Paintings and drawings, whatever the nature of the materials on which they have been executed entirely by hand, including copies executed by hand, but excluding manufactured decorated wares. |
ii. |
Ceramics and mosaics on wood, being original works of art. |
iii. |
Collectors' pieces and objects of art consigned to galleries, museums-and other institutions approved by the competent authorities of the importing country for the purpose of duty-free entry of those types of materials, on condition they are not resold. |
Annex C 1
Visual and auditory materials
i. |
Films [1], filmstrips, microforms and slides. |
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ii. |
Sound recordings. |
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iii. |
Patterns, models and wall charts of an educational, scientific or cultural character, . except toy models. |
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iv. |
Other visual and auditory materials, such as:
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(The exemptions provided for in the present Annex C.1 shall not apply to:
a. |
unused microform stock and unused visual and auditory recording media and their specific packaging such as cassettes, cartridges, reels; |
b. |
visual and auditory recordings with the exception of materials for the promotion of tourism covered by paragraph (iv) (h), produced by or for a private commercial enterprise, essentially for advertising purposes; |
c. |
visual and auditory recordings in which the advetising matter is in excess of 25 per cent by time. In the case of the materials for the promotion of tourism covered by paragraph (iv) (h), this percentage applies only to private commerical publicity.) |
[1] |
The duty-free entry of exposed and developed cinematographic films for public commercial exhibition or sale may be limited to negatives, it being understood that this limitation shall not. apply to films (including newsreels) when admitted duty-free under the provisions of Annex C.2 to this Protocol. |
Annex C 2
Visual and auditory materials of an educational, scientific or cultural character
Visual and auditory materials of an educational, scientific or cultural character, when imported by organizations (including, at the discretion of the importing country, broadcasting and television organizations) or by any other public or private institution or association, approved by the competent authorities of the importing country for the purpose of duty-free admission of these types of materials or when produced by the United Nations or any of its Specialized Agencies and including the following:
i. |
films, filmstrips, microfilms and-slides; |
ii. |
newsreels (with or without sound track) depicting events of current news value at the time of importation, and imported in either negative form, exposed and developed, or positive form, printed and developed, it being understood that duty free entry may be limited to two copies of each subject for copying purposes; |
iii. |
archival film material (with or without sound track) intended for use in connection with newsreel films ; |
iv. |
recreational films particularly suited for children and youth; |
v. |
sound recordings; |
vi. |
video-tapes, kinescopes, video-discs, videograms and other forms of visual and sound recordings; |
vii. |
microcards, microfiches and magnetic or other information storage media required in computerized information and documentation services; |
viii. |
materials for programmed instruction, which may be presented in kit form, with the corresponding printed materials, including video-cassettes Land audiocassettes ; |
ix. |
transparencies, including those intended for direct projection or for viewing through optical devices; |
x. |
holograms for laser projection; |
xi. |
mock-ups or visualizations of abstract concepts such as molecular structures or mathematical formulae; |
xii. |
multi-media kits. |
Annex D
Scientific instruments or apparatus
i. |
Scientific instruments or apparatus, provided:
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ii. |
Spare parts, components or accessories specifically matching scientific instruments or apparatus, provided these spare parts, components or accessories are imported at the same time as such instruments and apparatus, or if imported subsequently, that they are identifiable as intended for instruments or apparatus previously admitted duty-free or entitled to duty-free entry. |
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iii. |
Tools to be used for the maintenance, checking, gauging or repair of scientific instruments, provided these tools are imported at the same time as such instruments and apparatus or, if imported subsequently, that they are identifiable as intended for the specific instruments or apparatus previously admitted duty-free or entitled to duty-free entry, and further provided that tools of equivalent scientific value are not being manufactured in the country of importation. |
Annex E
Articles for the blind and other handicapped persons
i. |
All articles specially designed for the educational, scientific or cultural advancement of the blind which are imported directly by institutions or organizations concerned with the education of, or assistance to, the blind, approved by the competent authorities of the importing country for the purpose of duty-free entry of these types or articles, including:
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ii. |
All materials specially designed for the education, employment and social ad-vancement of other physically or mentally handicapped persons, directly imported by institutions or organizations concerned with the education of, or assistance to, such persons, approved by the competent authorities of the importing country for the purpose of duty-free entry of these types of articles, provided that equivalent objects are not being manufactured in the importing country. |
Annex F
Sports equipment
Sports equipment intended exclusively for amateur sports associations or groups approved by the competent authorities of the importing country for the purpose of dutyfree entry of these types of articles, provided that equivalent materials are not being manufactured in the importing country.
Annex G
Musical instruments and other musical equipment
Musical instruments and other musical equipment intended solely for cultural institutions or music schools approved by the competent authorities of the importing country for the purpose of duty-free entry of these types of articles, provided that equivalent instruments and other equipment are not being manufactured in the importing country
Annex H
Material and machines used for the production of books, publications and documents
i. |
Material used for the production of books, publications and documents (paper pulp, recycled paper, newsprint and other types of paper used for printing, printing inks, glue, etc.). |
ii. |
Machines for the processing of paper pulp and paper and also printing and binding machines, provided that machines of equivalent technical quality are not being manufactured in the importing country. |