You are here: Det juridiske fakultet > The Faculty of Law > Services and tools > Library > 12. Culture, research and education > 12-2 Research and education >

Agreement on the Importation of Educational, Scientific and Cultural Materials (Florence Agreement) [*]

Done at: New York

Date enacted: 1950-11-22

In force: 1952-05-21

The contracting States,

Article I

1.

The contracting States undertake not to apply customs duties or other charges on, or in connection with, the importation of:

(a)

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 States, subject to the conditions laid down in those annexes.
2.

The provisions of paragraph 1 of this article shall not prevent any contracting State from levying on imported materials;

(a)

Internal taxes or any other international charges of any kind, imposed at the time of importation or subsequently, not exceeding those applied directly or indirectly to like domestic products;
(b)

Fees and charges, other than customs duties, imposed by governmental authorities on, or in connection 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 necessary licences and/or foreign exchange for the importation 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;
(b)

Official government publications, that is, official, 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 Organization 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;
(f)

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 educational, 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 quantitative restrictions and exchange control measures undertake to grant, as far as possible, foreign exchange and licences necessary for the importation of other educational, scientific or cultural materials, and particularly the materials referred to in the annexes to this Agreement.

Article III

1.

The contracting States undertake to give every possible facility to the importation of educational, scientific or cultural materials, which are imported exclusively for showing at a public exhibition approved by the competent authorities of the importing country and for subsequent re-exportation. These facilities shall include the granting of the necessary licences and exemption from customs duties and internal taxes and charges of all kinds payable on importation, other than fees and charges corresponding 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.

Article IV

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

a.

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;
b.

Simplify the administrative procedure governing the importation of educational, scientific or cultural materials;
c.

Facilitate the expeditious and safe customs clearance of educational, scientific or cultural materials.

Article V

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

Article VI

This Agreement shall not modify or affect the laws and regulations of any contracting State or any of its international treaties, conventions, agreements or proclamations, with respect to copyright, trade marks 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 undertake to have recourse to negotiation or conciliation, with a view to settlement of any disputes regarding the interpretation 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 imported 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 advisory opinion.

Article IX

1.

This Agreement, of which the English and French texts are equally authentic, shall bear today's date and remain open for signature by all Member States of the United Nations Educational, Scientific and Cultural Organization, all Member States of the United Nations and any non-member State to which and invitation may have been addressed by the Executive Board of the United Nations Educational, Scientific and Cultural Organization.
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 which the Secretary-General of the United Nations receives instruments of ratification or acceptance from 10 States.

Article XII

1.

The States Parties to this Agreement on the date of its coming into force shall each take all the necessary measures for its fully effective operation within a period of six months after that date.
2.

For States which may deposit their instruments of ratification or acceptance after the date of the Agreement coming into force, these measures shall be taken within a period of three months from the date of deposit.
3.

Within one month of the expiration of the periods mentioned in paragraphs 1 and 2 of this article, the contracting States to this Agreement shall submit a report to the United Nations Educational, Scientific and Cultural Organization of the measures which they have taken for such fully effective operation.
4.

The United Nations Educational, Scientific and Cultural Organization shall transmit this report to all signatory States to this Agreement and to the International Trade Organization (provisionally, to its Interim Commission).

Article XIII

Any contracting State may, at the time of signature or the deposit of its instrument of ratification or acceptance, or at any time thereafter, declare by notification addressed to the Secretary-General of the United Nations that this Agreement shall extend to all or any of the territories for the conduct of whose foreign relations that contracting State is responsible.

Article XIV

1.

Two years after the date of the coming into force of this Agreement, any contracting State may, on its own behalf or on behalf of any of the territories for the conduct of whose foreign relations that contracting State is responsible, denounce this Agreement by an instrument in writing deposited with the Secretary-General of the United Nations.
2.

The denunciation shall take effect one year after the receipt of the instrument of denunciation.

Article XV

The Secretary-General of the United Nations shall inform the States referred to in paragraph 1 of Article IX, as well as the United Nations Educational, Scientific and Cultural Organization, and the International Trade Organization (provisionally, its Interim Commission), of the deposit of all the instruments of ratification and acceptance provided for in Articles IX and X, as well as of the notifications and denunciations provided for respectively in Articles XIII and XIV.

Article XVI

At the request of one-third of the contracting States to this Agreement, the Director-General of the United Nations Educational, Scientific and Cultural Organization shall place on the agenda of the next session of the General Conference of that Organization, the question of convoking a meeting for the revision of this Agreement.

Article XVII

Annexes A, B, C, D and E, as well as the Protocol annexed to this Agreement are hereby made an integral part of this Agreement.

Article XVIII

In accordance with Article 102 of the Charter of the United Nations, this Agreement shall be registered by the Secretary-General of the United Nations on the date of its coming into force.

In faith whereof the undersigned, duly authorized, have signed this Agreement on behalf of their respective governments.

Done at Lake Success, New York, this twenty-second day of November one thousand nine hundred and fifty in a single copy, which shall remain deposited in the archives of the United Nations, and certified true copies of which shall be delivered to all the States referred to in paragraph 1 of Article IX, as well as to the United Nations Educational, Scientific and Cultural Organization and to the International Trade Organization (provisionally, to its Interim Commission).

Annex A[1]

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:

(a)

luxury editions;
(b)

books printed abroad from the manuscript of an author resident in the importing country;
(c)

children's drawing and painting books;
(d)

school exercise books (workbooks) with printed texts and blank spaces to be filed in by the pupils;
(e)

crossword puzzle books containing printed texts;
(f)

loose illustrations and printed pages in the form of loose or bound sheets and reproduction proofs or reproduction films to be used for the production of books.
ii.

Printed documents or reports of a non-commercial character.
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.
iv.

Catalogues of films, recordings or other visual and auditory material of an educational, scientific or cultural character.
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.
vi.

Architectural, industrial or engineering plans and designs and reproductions thereof.
vii.

Bibliographical information material for distribution free of charge.
[1]

Annexes A-H were amended by a Protocol adopted 1976-11-26, in force 1982-01-02.

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 C1

Visual and auditory materials

i.

Films, film strips, microforms and slides.
ii.

Sound recordings.
iii.

Patterns, models and wall charts of an educational, scientific or cultural character, except toy models.
iv.

Other visual and auditory materials, such as:

(a)

video tapes, kinescopes, video discs, videograms and other forms of visual and sound recordings;
(b)

microcards, microfiches and magnetic or other information storage media required in computerized information and documentation services;
(c)

materials for programmed instruction, which may be presented in kit form, with the corresponding printed materials, including video cassettes and audio cassettes;
(d)

transparencies, including those intended for direct projection or for viewing through optical devices;
(e)

holograms for laser projection;
(f)

mock-ups or visualizations of abstract concepts such as molecular structures or mathematical formulae;
(g)

multimedia kits;
(h)

materials for the promotion of tourism, including those produced by private concerns, designed to encourage the public to travel outside the country of importation.

(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 advertising 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 commercial publicity.)

Annex C2

-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, film strips, 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 and audio cassettes;
ix.

transparencies, including those intended for direct projection or for viewing through optical devises;
x.

holograms for laser projection;
xi.

mock-ups or visualizations of abstract concepts such as molecular structures or mathematical formulae;
xii.

multimedia kits.

Annex D

Scientific instruments or apparatus

i.

Scientific instruments or apparatus, provided;

(a)

that they are consigned to public or private scientific or educational institutions approved by the competent authorities of the importing country for the purpose of duty-free entry of these types of articles, and used for non-commercial purposes under the control and responsibility of these institutions;
(b)

that instruments or apparatus of equivalent scientific value are not being manufactured in the country of importation.
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.
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:

(a)

talking books (discs, cassettes or other sound reproductions) and large-print books;
(b)

phonographs and cassette players, specially designed or adapted for the blind and other handicapped persons and required to play the talking books;
(c)

equipment for the reading of normal print by the blind and partially sighted, such as electronic reading machines, television enlargers and optical aids;
(d)

equipment for the mechanical or computerized production of Braille and recorded material, such as stereo-typing machines, electronic Braille, transfer and pressing machines; Braille, computer terminals and displays;
(e)

Braille paper, magnetic tapes and cassettes for the production of Braille and talking books;
(f)

aid for improving the mobility of the blind, such as electronic orientation and obstacle detection appliances and white canes;
(g)

technical aids for the education, rehabilitation, vocational training employment of the blind, such as Braille watches, Braille typewriters, teaching and learning aids, games and other instruments specifically adapted for the use of the blind.
ii.

All materials specially designed for the education, employment and social advancement 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 duty-free 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.

Protocol annexed to the Agreement on the Importation of Educational, Scientific and Cultural Materials

[Omitted]

[*]

As amended 1976-11-26, in force 1982-01-02.