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dramatic actions pay off.

But behind these events and actions, there is
a vital element — faith in ourselves and in our
country, a faith to be maintained both here and
among our friends abroad. That faith has been
upheld through many turns of events in the Mid-
dle East. It is that faith in ourselves and in our
principles that will prevail in the struggle not
only in the Middle East but throughout the world.
It is that which is and will continue to be conveyed
by the President, the Secretary of State, and the
many voices of our democracy. It is that which
gives life and power to the day-to-day elements of
our policy.

The problems of the Near East are not likely
to be solved today or tomorrow. The shifting
currents will undoubtedly be in the news for many



years to come. But, with determination, faith in
our principles, patience, and imderstanding, we
can continue to preserve the essentials of our na-
tional interest in this troubled but vital area.



Fifth Anniversary of SEATO

Statement hy Acting Secretary Dillon

Press release 635 dated September 5 for release September 7

Today [September 7], SEATO celebrates its
fifth anniversary of service to the cause of peace
and progress in Southeast Asia. This purely de-
fensive alliance came into being only in response
to Communist aggression and subversion. It was
to meet the Communist threat that the Southeast
Asia Collective Defense Treaty was signed in
Manila by the Foreign Ministers of the eight
member nations on September 8, 1954. Subsequent
Communist actions and threats have abundantly
established a continuing need for this collective
defense alliance.

I was very fortunate in being able to attend the
last SEATO Council meeting in Wellington, New
Zealand, in April.^ After the meeting I visited
parts of the treaty area. I was able to see for
myself that the constructive, nonpro vocative man-
ner in which the Southeast Asia Treaty Organiza-
tion is fulfilling its vital role has won SEATO
ever-increasing respect. In the face of a continu-
ing threat SEATO must give first consideration
to the defense and security of the treaty area.
But the Organization is also taking important
positive steps to promote the political, economic,
and cultural well-being and development of the
peoples of the area.

One outstanding example of this type of activ-
ity is the SEATO Graduate School of Engineer-
ing which is being inaugurated in Bangkok today.
This school is a unique venture in international
education. It is a cooperative undertaking of the
SEATO member nations and is designed to serve
the needs of regional member and nonmember
states alike. It is expected to make a valuable
contribution to economic development in the area.

Other major SEATO programs and projects
include those relating to cholera research, training



' For an address made by Mr. DiUon at the fifth meet-
ing of the SEATO Council and text of the final com-
munique, see Bulletin of Apr. 27, 1959, p. 602.



Sepf ember 27, 7959



421



of skilled labor, promotion of greater regional
cooperation and understanding, and the provision
of scholarships and fellowships.

This anniversary provides an appropriate oc-
casion for us, as a member of SEATO, to reaffirm



our faith in the high purposes it serves. The
United States remains as fully determined as ever
to cooperate with other members in assuring that
SEATO's influence for peace and progress will
continue to grow.



THE CONGRESS



Agreement on Importation of Educational, Scientific, and Cultural Materials^



MESSAGE OF TRANSMITTAL

The White House,

August 25, 1959.

To the Senate of the United States :

With a view to receiving the advice and consent
of the Senate to ratification, I transmit herewith
a certified copy of the agreement on the importa-
tion of educational, scientific, and cultural mate-
rials, which was opened for signature at Lake
Success, N.Y., on November 22, 1950, and entered
into force on May 21, 1952. The agreement was
signed in behalf of the United States on June 24,
1959.

I transmit also, for the information of the Sen-
ate, the report of the xVcting Secretary of State
with respect to the agreement.

DwiGHT D. Eisenhower.

(Enclosures: (1) Report of the Acting Secretary of State;
(2) certified copy of agreement on the Importation of educa-
tional, scientific, and cultural materials.)



REPORT OF ACTING SECRETARY OF STATE



Department of State,

July 6", 1959.

The President,
The White House:

I have the honor to transmit to you, with a
view to its transmission to the Senate to receive



' S. Ex. I, 86th Cong., 1st sess.
422



the advice and consent of that body to ratification,
the agreement on the importation of educational,
scientific, and cultural materials, which was opened
for signature at Lake Success, N.Y., on November
22, 1950, and entered into force on May 21, 1952.
The agreement was signed in belialf of the United
States on Jmie 24, 1959.

In 1948 the General Conference of the United
Nations Educational, Scientific, and Cultural
Organization proposed the formulation of an in-
ternational agreement to overcome governmental
obstacles to the free flow of materials of an edu-
cational, cultural, and scientific character. The
proposed agreement, although designed to promote
education, science, and culture, is in effect pri-
marily a tariff and trade instrument. Conse-
quently, the first draft prepared by the Secretariat
of the United Nations Educational, Scientific, and
Cultural Organization was submitted to a meeting
of the contracting parties to the General Agree-
ment on Tariffs and Trade, which produced a re-
vised text deemed to be both technically sound and
capable of wide acceptance. A meeting of experts
which convened in 1950, attended by representa-
tives of certain member states of the United
Nations Educational, Scientific, and Cultural Or-
ganization, prepared a further draft of the agi'ee-
meiit in the light of comment received from
governments. The text prepared by the meeting
of experts was adopted unanimously by the Gen-
eral Conference of UNESCO at its fifth session
in Florence in July 1950. The LTnited States par-
ticipated in tlio negotiations leading to the con-
clusion of tliis agroeinent.

Department of State Bulletin



The major purpose of the agreement is to facili-
tate the importation of educational, scientific, and
cultural materials by reducing tarilT and trade ob-
stacles and thus permitting organizations and in-
dividuals in the countries party to the agreement
to obtain such foreign materials with less diffi-
culty. The agreement conceras itself chiefly with
six basic categories of materials as specified in the
five annexes and article III, namely, (1) books,
publications, and documents, (2) works of art and
collectors' items, (3) visual and auditory ma-
terials, (4) scientific instruments and apparatus,
(5) articles for the blind, and (6) public-exhibi-
tion materials.

The primary tool the agreement uses to accom-
plish its objective is the duty-free entry of these
six categories of materials. More specifically,
article I of the agreement provides for exemption
from the application of customs duties and other
charges not imposed on like domestic products,
except those charges for services rendered which
represent "neither an indirect protection to do-
mestic products nor a taxation of imports for
revenue purposes," with respect to the materials
listed in the annexes to the agreement, including
the following :

(1) Books, newspapers, periodicals, official gov-
ernment publications, manuscripts, music, maps,
tourist material, and other categories of printed
matter. Stationery and publications which are
primarily advertising materials, excejit catalogs
and travel publications, are expressly excluded
from the operation of the agreement (annex A).

(2) Paintings and drawings, including copies,
executed entirely by hand, but excluding manu-
factured decorated wares, certain types of hand-
printed impressions, sculpture, collectors' pieces
of art destined for approved public galleries, col-
lections or collectors' pieces in various scientific
fields such as zoology, mineralog;y', or archaeology
if not intended for resale, and antiques (articles
over 100 years old) (annex B).

(3) Films, filmstrips, microfilms, and sound
recordings of an educational, scientific, or cultural
nature provided they are destined for an ap-
proved institution or organization (except that
there is no limitation on destination for the^e
materials produced by the United Nations or its
specialized agencies), certain newsreels, and pat-
terns, models and wall charts used for educational
purposes of an approved institution (annex C).



(4) Scientific instruments or apparatus in-
tended exclusively for educational purposes or
pure scientific research if assigned to or under
the control of an approved institution and, pro-
vided that "instruments or apparatus of equiva-
lent scientific value are not being manufactured
in the country of importation" (annex D).

(5) Heading materials in raised characters for
the blind, and other materials for the advance-
ment of the blind if imported by approved insti-
tutions or organizations (annex E).

The sixth category of materials which may
enter duty free are materials of an educational,
scientific, and cultural nature which are imported
solely for showing at an approved public exhibi-
tion. The importing country may take such steps
as necessary to assure the reexportation of these
materials (art. III).

The agreement requires the granting of the
necessary licenses and foreign exchange for the
importation of (1) books and publications des-
tined for specified types of libraries, official
government documents, books and publications of
the United Nations and its specialized agencies,
books and publications received by the United
Nations Educational, Scientific, and Cultural Or-
ganization and distributed free of charge under
its supervision, free publications intended to pro-
mote international tourism, articles for the blmd ;
and (2) other educational, scientific or cultural
material insofar as possible (art. II).

Parties to this agreement undertake, as far
as possible, to simplify the administrative proce-
dure governing the import of, facilitate the ex-
peditious and safe customs clearance of, and
promote the free circulation of, educational, scien-
tific or cultural material (art. IV).

Contracting states may prohibit or limit the
importation, or the circulation after importation,
of articles on grounds relating directly to national
security, public order or public morals (art. V).

The United States has the option of ratifying
the agreement subject to the reservation set forth
in the protocol thereto. That reservation permits
the United States to suspend, in whole or in part,
any of its obligations imder this agreement if, as
a result of the obligations incurred imder this
agreement, any of the materials covered by the
agreement are being imported in such increased
quantities and under such conditions as to cause or
threaten serious injury to domestic producers of



September 27, 7959



423



like or directly competitive products. . In the
event that the United States becomes a party to
the agreement subject to such a reservation, any
other party to the agreement may invoke the res-
ervation against tlie United States. Any invoca-
tion of the reservation by either the United States
or another party must be applied in a nondiscrim-
inatory manner. Wliile the protocol provides that
the suspension of such obligations shall take place
after consultations \Yith the other contracting par-
ties, it is recognized that under special circum-
stances emergency action may be taken prior to
consultation. It is recommended that the Senate
give its advice and consent to ratification of the
agreement subject to the reservation contained in
the protocol.

The agreement provides that disputes regard-
ing the interpretation or application of the agi'ee-
ment shall be settled by negotiation or conciliation
according to previous conventions to which the
contracting states may have subscribed (art. VII) ,
and that disputes regarding the educational, sci-
entific, or cultural character of imported materials
may, by common agreement of the interested
parties, be referred to the Director General of the
United Nations Educational, Scientific, and Cul-
tural Organization for an advisory opinion (art.
VIII).

Article XII provides that a state becoming a
party to the agreement is to take measures within
3 months to make the agreement fully effec-
tive. Deposit of the instrument of ratifica-
tion will be withheld until the Congress has had
an opportunity to consider the implementing leg-
islation which will be submitted after the Senate
gives its advice and consent to ratification and
such legislation has been enacted into law.

Although the United States participated
actively in the drafting of this agreement, and
voted for its adoption by the General Conference
of the United Nations Educational, Scientific, and
Cultural Organization at its fifth session in Flor-
ence in July 1950, the United States has deferred
submission of the agreement to the Senate until
the effect of the U.S. ratification of tlie Universal
Copyright Convention (6 U.S. Treaties and Other
International Agreements 2731) became known,
since the imi)lementation of that convention also
affects the importation of published materials.

The Universal Copyright Convention requires,
in effect, that works coming within tlie terms of



that convention, that is works of nationals of
other parties to the convention or first published
in territory of such other parties, be exempted
from certain formalities, including the "local man-
ufacturing clause" of the U.S. copyright law.
Tliis so-called manufacturing clause is essentially
a quota on the number of copies of any English
language book manufactured abroad which may be
imported into the United States if copyright is
claimed here. There was some concern that modi-
fication of the "manufacturing clause" to the ex-
tent necessary to permit effect to be given to the
Universal Copyright Convention might cause
injury to the U.S. book-manufacturing industry.
Since the agreement on the importation of edivca-
tional, scientific, and cultural materials would
require the elimination of rates of duty on books
and periodicals, it was not considered appropriate
to seek ratification of the two agreements simul-
taneously. Accordingly, only the Universal
Copyright Convention was submitted for approval
in 1954, and it was decided that the present agree-
ment would not be signed or submitted to the Sen-
ate until it could be ascertained what effect the
implementation of the Universal Copyright Con-
vention would have on the U.S. book-manufactur-
ing industry.

Due to the unanticipated delay in the ratifica-
tion of the Universal Copyright Convention by
English-speaking countries of principal impor-
tance in the book-manufacturing field, it lias not
been possible until recently to gather data on the
effect of the change in the U.S. "local manufac-
turing clause." From import information ob-
tained to date it would appear that the increase
in English language imports under the Universal
Copyright Convention is not significant in rela-
tion to the total volume of domestic production,
and is in fact so small that it could very well rep-
resent a normal year-to-year variation rather than
a result of the change in the manufacturing clause.

At present the following states are parties to
this agreement: Afghanistan, Austria, Belgium,
Cambodia, Ceylon, Cuba, Egypt, El Salvador,
Finhuul, France, Federal Republic of Germany,
Ghana, Greece, Haiti, Israel, Jordan, Laos, Lux-
embourg, Malaya, Monaco, Netherlands, Norway,
Pakistan, Philippines, Spain, Sweden, Switzer-
land, Thailand, United Kingdom, Vietnam, and
Yugoslavia. It is hoped that favorable action by
tlio United States at this time will renew the



424



Department of State Bulletin



impetus for other countries to become parties to
the agreement.

The United States has long advocated and sup-
ported the basic objective of the present agreement,
which is to improve international underetanding
by reducing barriers to tlie flow of knowledge.
Ratification would demonstrate to the world the
continued support by the United States for inter-
national collaboration and for the principle of
free flow of information and ideas.
Respectfully submitted.

Robert Murphy,
Acting Secretary.

(Enclosure : Certified copy of agreement on the Importation
of educational, scientific and cultural materials.)



TEXT OF AGREEMENT

AGREEMENT ON THE IMPORTATION OP EDUCA-
TIONAL, SCIENTIFIC AND CULTURAL MATERIALS

Preamble

The contracting States,

Considering that the free exchange of ideas and knowl-
edge and, in general, the widest possible dissemination of
the diverse forms of self-expression used by civilizations
are vitally important both for intellectual progress and
international understanding, and consequently for the
maintenance of world peace ;

Considering that this interchange is accomplished pri-
marily by means of books, publications and educational,
scientific and cultural materials ;

Considering that the Constitution of the United Nations
Educational, Scientific and Cultural Organization urges
cooperation between nations in all branches of intellec-
tual activity, including "the exchange of publications, ob-
jects of artistic and scientific interest and other materials
of information" and provides further that the Organiza-
tion shall "collaborate in the work of advancing the
mutual knowledge and understanding of peoples, through
all means of mass communication and to that end recom-
mend such international agreements as may be necessary
to promote the free flow of ideas by word and image" ;

Recognize that these aims will be effectively furthered
by an international agreement facilitating the free flow
of books, publications and educational, scientific and cul-
tural materials ; and

Ha\'e, therefore, agreed to the following provisions :

Article I

1. The contracting States undertake not to apply cus-
toms duties or other charges on, or in connexion with,
the importation of :

(o) Books, publications and documents, listed in annex
A to this Agreement ;



(b) Educational, scientific and cultural materials, listed
in annexes B, C, D and E to this Agreement ;

which are the products of another contracting State, sub-
ject to the conditions laid down in tho.se annexes.

2. The provisions of paragraph 1 of this article shall
not prevent any contracting State from levying on im-
ported materials :

(a) Internal taxes or any other intern.'U chiirges of
any kind, imposed at the time of importation or subse-
iiuently, not exceeding those applied directly or indirectly
to like domestic products ;

(h) Fees and charges, other than customs duties, im-
posed by governmental authorities on, or in connexion
with, importation, limited in amount to the approximate
cost of the services rendered, and representing neither
an indirect protection to domestic products nor a taxation
of imports for revenue purposes.

Article II

1. The contracting States undertake to grant the nec-
essary licences and/or foreign exchange for the importa-
tion of the following articles :

(a) Books and publications consigned to public libraries
and collections and to the libraries and collections of
public educational, research or cultural institutions;

lb) Oflicial government publications, that is. olBcial,
parliamentary and administrative documents published
in their country of origin ;

(c) Books and publications of the United Nations or
any of its .specialized agencies ;

(d) Books and publications received by the United
Nations Educational, Scientific and Cultural Organiza-
tion and distributed free of charge by it or under its
supervision ;

(e) Publications intended to promote tourist travel
outside the country of importation, sent and distributed
free of charge ;

(/) Articles for the blind :

(i) Books, publications and documents of all kinds in

raised characters for the blind ;
(ii) Other articles specially designed for the educa-
tional, scientific or cultural advancement of the
blind, which are imported directly by institutions
or organizations concerned with the welfare of
the blind, approved by the competent authorities
of the importing country for the purpose of duty-
free entry of these types of articles.

2. The contracting States which at any time apply quan-
titative restrictions and exchange control measures under-
take to grant, as far as possible, foreign exchange and
licences necessary for the importation of other educa-
tional, scientific or cultural materials, and particularly
the materials referred to in the annexes to this Agree-
ment.

Article III

1. The contracting States undertake to give every pos-
sible facility to the importation of educational, scientific
or cultural materials, which are imported exclu.sively for



September 21, J 959



425



showing at a public exhibition approved by the competent
authorities of the importing country and for subsequent
reexportation. These facilities shall include the granting
of the necessary licences and exemption from customs
duties and internal taxes and charges of all kinds pay-
able on importation, other than fees and charges cor-
responding to the approximate cost of services rendered.
2. Nothing in this article shall prevent the authorities
of an importing country from taking such steps as may
be necessary to ensure that the materials in question shall
be re-exported at the close of their exhibition.

Akticle IV

The contracting States undertake that they will as far
as possible:

(o) Continue their common efforts to promote by every
means the free circulation of educational, scientific or
cultural materials, and abolish or reduce any restrictions
to that free circulation which are not referred to in this
Agreement ;

(6) Simplify the administrative procedure governing
the importation of educational, scientific or cultural ma-
terials ;

(c) Facilitate the expeditious and safe customs clear-
ance of educational, scientific or cultural materials.

Article V

Nothing in this Agreement shall affect the right of con-
tracting States to take measures, in conformity with their
legislation, to prohibit or limit the importation, or the
circulation after importation, of articles on grounds re-
lating directly to national security, public order or public
morals.

Aeticle VI

This Agreement shall not modify or affect the laws and
regulations of any contracting State or any of its inter-
national treaties, conventions, agreements, or proclama-
tions, with respect to copyright, trademarks or patents.

Article VII

Subject to the provisions of any previous conventions
to which the contracting States may have subscribed for
the settlement of disputes, the contracting States under-
take to have recourse to negotiations or conciliation, with
a view to settlement of any disputes regarding the inter-
pretation or the application of this Agreement.

Article VIII

In case of a dispute between contracting States relating
to the educational, scientific or cultural character of im-
ported materials, the interested Parties may, by common
agreement, refer it to the Director-General of the United
Nations Educational, Scientific and Cultural Organization
for an advi.sory opinion.

Article IX

1. This Agreement, of which the English and French
texts are equally authentic, shall bear today's date and
remain oi)en for signature by all Member States of tlie
United Nations Educational, Scientific and Cultural Or-
ganization, all Member States of the United Nations and
any non-member State to which an invitation may have
been addressed by tlie Executive IJoard of tlie United

426



Nations Educational, Scientific and Cultural Organ-
ization.

2. The Agreement shall be ratified on behalf of the
signatory States in accordance with their respective
constitutional procedure.

3. The instruments of ratification shall be deposited
with the Secretary-General of the United Nations.

Article X

The States referred to in paragraph 1 of article IX
may accept this Agreement from 22 November 1950.
Acceptance shall become effective on the deposit of a
formal instrument with the Secretary-General of the
United Nations.

Article XI

This Agreement shall come into force on the date on



Online LibraryUnited States. Dept. of State. Office of Public CoDepartment of State bulletin (Volume v. 41, Jul- Sep1959) → online text (page 81 of 88)