Asuntos Jurídicos
Acuerdo destinado a facilitar la Circulación Internacional de Materiales Audiovisuales de Carácter Educativo, Científico y Cultural, con Protocolo de firma y modelo de certificado establecido en el Artículo IV del Acuerdo
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p styletextalign justifyThe Governments of the States signatory to the present Agreementnbspp
p styletextalign justifyBeingnbspconvinced that in facilitating the international circulation of visual and auditory materials of an educational scientific and cultural character the free flow of ideas by word and image will be promoted and the mutual understanding of peoples thereby encouraged in conformity with the aims of the United Nations Educational Scientific and Cultural Organizationnbspp
p styletextalign justifyHave agreed as followsnbspp
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h5 styletextalign centerstrongArticle Inbspstrongh5
p styletextalign justifyThe present Agreement shall apply to visual and auditory materials of the types specified in Article II which are of an educational scientific or cultural characternbspp
p styletextalign justifyVisual and auditory materials shall be deemed to be of an educational scientific and cultural characternbspp
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li styletextalign justifywhen their primary purpose or effect is to instruct or inform through the development of a subject or aspect of a subject or when their content is such as to maintain increase or diffuse knowledge and augment international understanding and goodwill andnbspli
li styletextalign justifywhen the materials are representative authentic and accurate andnbspli
li styletextalign justifywhen the technical quality is such that it does not interfere with the use made of the materialnbspli
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h5 styletextalign centerstrongArticle IInbspstrongh5
p styletextalign justifyThe provisions of the preceding article shall apply to visual and auditory materials of the following types and formsnbspp
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li styletextalign justifyFilms filmstrips and microfilm in either negative form exposed and developed or positive form printed and developednbspli
li styletextalign justifySound recordings of all types and formsnbspli
li styletextalign justifyGlass slides models static and moving wall charts maps and postersnbspli
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p styletextalign justifyThese materials are hereinafter referred to as materialnbspp
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h5 styletextalign centerstrongArticle IIInbspstrongh5
p styletextalign justify1 Each of the contracting States shall accord within six months from the coming into force of the present Agreement with respect to that State exemption from all customs duties and quantitative restrictions and from the necessity of applying for an import licence in respect of the importation either permanent or temporary of material originating in the territory of any of the other contracting Statesnbspp
p styletextalign justify2 Nothing in this Agreement shall exempt material from those taxes fees charges or exactions which are imposed on the import of all articles without exception and without regard to their nature and origin even though such articles are exempt from customs duties such taxes fees and exactions shall include but are not limited to nominal statistical fees and stamp dutiesnbspp
p styletextalign justify3 Material entitled to the privileges provided by paragraph 1 of this article shall be exempt in the territory of the country of entry from all internal taxes fees charges or exactions other or higher than those imposed on like products of that country and shall be accorded treatment no less favorable than that accorded like products of that country in respect of all internal laws regulations or requirements affecting its sale transportation or distribution or affecting its processing exhibition or other usenbspp
p styletextalign justify4 Nothing in this Agreement shall require any contracting State to deny the treatment provided for in this article to like material of an educational scientific or cultural character originating in any State not a party to this Agreement in any case in which the denial of such treatment would be contrary to an international obligation or to the commercial policy of such contracting Statenbspp
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h5 styletextalign centerstrongArticle IVnbspstrongh5
p styletextalign justify1 To obtain the exemption provided under the present Agreement for material for which admission into the territory of a contracting State is sought a certificate that such material is of an educational scientific or cultural character within the meaning of Article I shall be filed in connexion with the entrynbspp
p styletextalign justify2 The certificate shall be issued by the appropriate governmental agency of the State wherein the material to which the certificate relates originated or by the United Nations Educational Scientific and Cultural Organization as provided for in paragraph 3 of this article and in the forms annexed hereto The prescribed forms of certificate may be amended or revised upon mutualnbspagreement of the contracting States provided such amendment or revision is in conformity with the provisions of this Agreementnbspp
p styletextalign justify3 Certificates shall be issued by the United Nations Educational Scientific and Cultural Organization for material of educational scientific or cultural character produced by international organizations recognized by the United Nations or by any of the Specialized Agenciesnbspp
p styletextalign justify4 On the filing of any such certificate there will be a decision by the appropriate governmental agency of the contracting State into which entry is sought as to whether the material is entitled to the privilege provided by Article III paragraph 1 of the present Agreement This decision shall be made after consideration of the material and through the application of the standards provided in Article I If as a result of that consideration such agency of the contracting State into which entry is sought intends not to grant the privileges provided by Article III paragraph 1 to that material because it does not concede its educational scientific and cultural character the government of the State which certified the material or UNESCO as the case may be shall be notified prior to any final decision in order that it may make friendly representations in support of the exemption of that material to the government of the other State into which entry is soughtnbspp
p styletextalign justify5 The governmental agency of the contracting State into which entry is sought shall be entitled to impose regulations upon the importer of the material to ensure that it shall only be exhibited or used for nonprofitnbspmaking purposesnbspp
p styletextalign justify6 The decision of the appropriate governmental agency of the contracting State into which entry is sought provided for in paragraph 4 of this article shall be final but in making its decision the said agency shall give due consideration to any representations made to it by the government certifying the material or by UNESCO as the case may benbspp
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h5 styletextalign centerstrongArticle Vnbspstrongh5
p styletextalign justifyNothing in the present Agreement shall affect the right of the contracting States to censor material in accordance with their own laws or to adopt measures to prohibit or limit the importation of material for reasons of public security or ordernbspp
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h5 styletextalign centerstrongArticle VInbspstrongh5
p styletextalign justifyEach of the contracting States shall send to the United Nations Educational Scientific and Cultural Organization a copy of each certificate which it issues to material originating within its own territory and shall inform the United Nations Educational Scientific and Cultural Organization of the decisions taken and the reasons for any refusals in respect of certified materials from other contracting States for which entry is sought into its own territory The United Nations Educational Scientific and Cultural Organization shall communicate this information to all contracting States and shall maintain and publish in English and French catalogues of material showing all the certifications and decisions made in respect of themnbspp
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h5 styletextalign centerstrongArticle VIIstrongh5
p styletextalign justifyThe contracting States undertake jointly to consider means of reducing to a minimum the restrictions that are not removed by the present Agreement which might interfere with the international circulation of the material referred to in Article Inbspp
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h5 styletextalign centerstrongArticle VIIInbspstrongh5
p styletextalign justifyEach contracting State shall communicate to the United Nations Educational Scientific and Cultural Organization within the period of six months following the coming into force of the present Agreement the measures taken in their respective territories to ensure the execution of the provisions of the present Agreement The United Nations Educational Scientific and Cultural Organization shall communicate this information as it receives it to all contracting Statesnbspp
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h5 styletextalign centerstrongArticle IXnbspstrongh5
p styletextalign justify1 All disputes arising out of the interpretation or application of the present Agreement between States which are both parties to the Statute of the International court of Justice except as to Articles IV and V shall be referred to the International Court of Justice unless in any specific case it is agreed by the parties to have recourse to another mode of settlementnbspp
p styletextalign justify2 If the contracting States between which a dispute has arisen are not parties or any one of them is not party to the Statute of the International Court of Justice the dispute shall if the States concerned so desire be submitted in accordance with the constitutional rules of each of them to an arbitral tribunal established in conformity with the Convention for the Pacific Settlement of International Disputes signed at The Hague on 18 October 1907 or to any other arbitral tribunalnbspp
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h5 styletextalign centerstrongArticle Xnbspstrongh5
p styletextalign justifyThe present Agreement is open to acceptance by the signatory States The instrument of acceptance shall be deposited with the SecretaryGeneral of the United Nations who shall notify all the Members of the United Nations of each deposit and the date thereofnbspp
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h5 styletextalign centerstrongArticle XInbspstrongh5
p styletextalign justify1 On or after 1 January 1950 any Member of the United Nations not a signatory to the present Agreement and any nonmember State to which a certified copy of the present Agreement has been communicated by the SecretaryGeneral of the United Nations may accede to itnbspp
p styletextalign justify2 The instrument of accession shall be deposited with the SecretaryGeneral of the United Nations who shall notify all the Members of the United Nations and the nonmember States referred to in the preceding paragraph of each deposit and the date thereofnbspp
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h5 styletextalign centerstrongArticle XIInbspstrongh5
p styletextalign justify1 The present Agreement shall come into force ninety days after the SecretaryGeneral of the United Nations has received at least ten instruments of acceptance or accession in accordance with Article X or Article XI As soon as possible thereafter the SecretaryGeneral shall draw up a procesverbal specifying the date on which in accordance with this paragraph the present Agreement shall have come into forcenbspp
p styletextalign justify2 In respect of each State on behalf of which an instrument of acceptance or accession is subsequently deposited the present Agreement shall come into force ninety days after the date of the deposit of such instrumentnbspp
p styletextalign justify3 The present Agreement shall be registered with the SecretaryGeneral of the United Nations on the day of its entry into force in accordance with Article 102 of the Charter and the regulations made there under by the General Assemblynbspp
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h5 styletextalign centerstrongArticle XIIInbspstrongh5
p styletextalign justify1 The present Agreement may be denounced by any contracting State after the expiration of a period of three years from the date on which it comes into force in respect of that particular Statenbspp
p styletextalign justify2 The denunciation of the Agreement by any contracting States shall be effected by a written notificationnbspaddressed by that State to the Secretary General of the United Nations who shall notify all the Members of the United Nations and all nonmember States referred to in Article XI of each notification and the date of the receipt thereofnbspp
p styletextalign justify3 The denunciation shall take effect one year after the receipt of the notification by the SecretaryGeneral of the United Nationsnbspp
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h5 styletextalign centerstrongArticle XIVnbspstrongh5
p styletextalign justify1 Any contracting State may declare at the time of signature acceptance or accession that in accepting the present Agreement it is not assuming any obligation in respect of all or any territories for which such contracting State has international obligations The present Agreement shall in that case not be applicable to the territories named in the declarationnbspp
p styletextalign justify2 The contracting States in accepting the present Agreement do not assume responsibility in respect of any or all Nonselfgoverning Territories for which they are responsible but may notify the acceptance of the Agreement by any or all of such territories at the time of acceptance by such contracting States or at any time thereafter The present Agreement shall in such cases apply to all the territories named in the notification ninety days after the receipt thereof by the SecretaryGeneral of the United Nationsnbspp
p styletextalign justify3 Any contracting State may at any time after the expiration of the period of three years provided for in Article XIII declare that it desires the present Agreement to cease to apply to all or any territories for which such contracting State has international obligations or to any or all Nonselfgoverning Territories for which it is responsible The present Agreement shall in that case cease to apply to the territories named in the declaration six months after the receipt thereof by the SecretaryGeneral of the United Nationsnbspp
p styletextalign justify4 The SecretaryGeneral of the United Nations shall communicate to all the Members of the United Nations and to all nonmember States referred to in Article XI the declarations and notifications received in virtue of the present article together with the dates of the receipt thereofnbspp
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h5 styletextalign centerstrongArticle XVnbspstrongh5
p styletextalign justifyNothing in this Agreement shall be deemed to prohibit the contracting States from entering into agreements or arrangements with the United Nations or any of its Specialized Agencies which would provide for facilities exemptions privileges or immunities with respect to material emanating from or sponsored by the United Nations or by any of its Specialized Agenciesnbspp
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h5 styletextalign centerstrongArticle XVInbspstrongh5
p styletextalign justifyThe original of the present Agreement shall be deposited in the archives of the United Nations and shall be opened for signature at Lake Success on 15 July 1949 where it shall remain open for signature until 31 December 1949 Certified copies of the present Agreement shall be furnished by the Secretary General of the United Nations to each of the Members of the United Nations and to such other governments as may be designated by agreement between the Economic and Social Council of the United Nations and the Executive Board of the United Nations Educational Scientific and Cultural Organizationnbspp
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p styletextalign justifyIN WITNESS WHEREOF the undersigned plenipotentiaries having deposited their full powers found to be in due and proper form sign the present Agreement in the English and French languages each being equally authentic on behalf of their respective governments on the dates appearing opposite their respective signaturesnbspp
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h4 styletextalign centerProtocol of signaturenbsph4
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p styletextalign justifyAt the moment of signing the Agreement for Facilitating the International Circulation of Visual and Auditory Materials of an Educational Scientific and Cultural Character the undersigned plenipotentiaries have agreed as followsnbspp
p styletextalign justify1 The SecretaryGeneral of the United Nations shall attach to the original text of the Agreement the model forms of certificates referred to in Article IV which are being submitted for approval to the States members of the United Nations Educational Scientific and Cultural Organization as soon as they are transmitted to him for that purpose by the DirectorGeneral of this Organization The SecretaryGeneral shall then draw up a procesverbal to that effect and shall communicate to the governments of the States concerned a copy of the procesverbal and of the model forms of certificates transmitted to himnbspp
p styletextalign justify2 Pending the conclusion of the agreement referred to in Article XVI the SecretaryGeneral shall transmit certified true copies of the Agreement to the nonmember States designated by the Executive Board of the United Nations Educational Scientific and Cultural Organizationnbspp
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p styletextalign justifyIN FAITH WHEREOF the plenipotentiaries have signed the present Protocol in the English and French languages each being equally authentic on the dates appearing opposite their respective signaturesp
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