11172 May 26
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11172 CONGRESSIONAL RECORD - SENATE May 26 Mr. JOHNSON of Texas. Mr. Presi- opment of a subject or aspect of a subject, cational, scientific or cultural character pro- dent, I ask that the President be imme- or when their content is such as to main- duced by international organizations rec- diately notified of the nominations this tain, increase or diffuse knowledge, and aug- ognized by the United Nations or by any ment international understanding and of the specialized agencies. day confirmed. goodwill; and 4. On the filing of any such certificate, The PRESIDING OFFICER. Without (b) When the materials are representative, there will be a decision by the appropriate objection, the President will be notified authentic, and accurate; and governmental agency of the contracting forthwith. (c) When the technical quality is such State into which entry Is sought as to that it does not interfere with the use made whether the material is entitled to the priv- of the material. ilege provided by article III, paragraph 1, of THE AGREEMENT FOR FACILITAT- ARTICLE II the present Agreement. This decision shall ING THE INTERNATIONAL CIRCU- be made after consideration of the material The provisions of the preceding article and through the application of the stand- LATION OF VISUAL AND AUDITORY shall apply to visual and auditory materials MATERIALS OF AN EDUCATION- ards provided in article I. If, as a result of of the following types and forms: that consideration, such agency of the con- AL, SCIENTIFIC, AND CULTURAL (a) Films, filmstrips and microfilm in tracting State into which entry is sought in- CHARACTER; A CONVENTION ON either negative form, exposed and developed, tends not to grant the privileges provided or positive form, printed and developed; by article III, paragraph 1, to that material THE TERRITORIAL SEA AND THE (b) Sound recordings of all types and CONTIGUOUS ZONE; A CONVEN- because it does not concede its educational, forms; scientific and cultural character, the Gov- TION ON THE HIGH SEAS; AN (c) Glass slides; models, static and mov- ernment of the State which certified the AGREEMENT ENTITLED "CONVEN- Ing; wall charts, maps and posters. material, or UNESCO, as the case may be, TION ON FISHING AND CONSER- These materials are hereinafter referred shall be notified prior to any final decision to as "material." VATION OF THE LIVING RE- in order that it may make friendly represen- tations in support of the exemption SOURCES OF THE HIGH SEAS"; A ARTICLE III of that 1. Each of the contracting States shall material to the Government of the other CONVENTION ON THE CONTI- State accord, within 6 months from the coming into which entry is sought. NENTAL SHELF; AND AN OP- into force of the present agreement with 5. The governmental agency of the con- TIONAL PROTOCOL OF SIGNA- respect to that State, exemption from all tracting State into which entry is sought TURES CONCERNING THE COM- customs duties and quantitative restrictions shall be entitled to Impose regulations upon and from the necessity of applying for an the importer of the material to ensure that PULSORY SETTLEMENT OF DIS- Import license in respect of the Importation, It shall only be exhibited or used for non- PUTES either permanent or temporary, of material profit-making purposes. originating in the territory of any of the 6. The decision of the appropriate gov- Mr. JOHNSON of Texas. Mr. Presi- ernmental agency of the dent, I ask unanimous consent that the other contracting States. contracting State 2. Nothing in this Agreement shall exempt into which entry Is sought, provided for in two agreements, the three conventions, material from those taxes, fees, charges or paragraph 4 of this article shall be final, and the optional protocol on the Ex- exactions which are imposed on the import but in making its decision the said agency ecutive Calendar be considered en bloc; of all articles without exception and with- shall give due consideration to any repre- that the understanding relating to Ex- out regard to their nature and origin, even sentations made to it by the Government certifying ecutive L be also considered and voted though such articles are exempt from cus- the material or by UNESCO as the case may be. on with the other matters en bloc; that toms duties; such taxes, fees and exactions a yea-and-nay vote be taken upon the shall include, but are not limited to, nominal ARTICLE V question of advising and consenting to statistical fees and stamp duties. Nothing in the present Agreement shall Executive V, and that the resolutions, 3. Material entitled to the privileges pro- affect the right of the contracting States vided by paragraph 1 of this article shall be to censor material in accordance with their with the accompanying understanding, exempt, in the territory of the country of advising and consenting own laws or to adopt measures to prohibit to the ratifica- entry, from all internal taxes, fees, charges or limit the importation of material for rea- tion of the conventions, agreements, and or exactions other or higher than those im- sons of public security or order. optional protocol be deemed to have been posed on like products of that country, and agreed to by the same vote. shall be accorded treatment no less favorable ARTICLE VI The PRESIDING OFFICER (Mr. Mc- than that accorded like products of that Each of the contracting States shall send to the United Nations Educational, Scien- CARTHY country in respect of all internal laws, regu- in the chair). Is there objec- tific and Cultural Organization a copy of tion to the request lations or requirements affecting its sale, of the Senator from transportation or distribution or affecting its each certificate which It issues to material Texas? processing, exhibition or other use. originating within its own territory and shall There being no objection, the Senate, 4. Nothing in this Agreement shall require inform the United Nations Educational, Sci- as in Committee of the Whole, proceeded any contracting State to deny the treatment entific and Cultural Organization of the to consider, en bloc, the following agree- provided for in this article to like material decisions taken and the reasons for any ments, conventions, and optional proto- of an educational, scientific or cultural refusals in respect of certified materials from other col, which were severally read the second character originating in any State not a contracting States for which party to this Agreement in any case in which entry is sought Into its own territory. The time. United Nations Educational, Scientific and EXECUTIVE V the denial of such treatment would be con- trary to an international obligation or to the Cultural Organization shall communicate AGREEMENT FOR FACILITATING THE INTERNA- commercial policy of such contracting State. this information to all contracting States TIONAL CIRCULATION OF VISUAL AND AUDI- and shall maintain and publish in English TORY MATERIALS OF AN EDUCATIONAL, ARTICLE IV and French catalogues SCIENTIFIC, AND CULTURAL CHARACTER 1. To obtain the exemption, provided un- of material showing all the certifications der the present Agreement for material for and decisions made The Governments of the States signatory in respect of them. to the present Agreement, which admission into the territory of a con- Being convinced that in facilitating the tracting State Is sought, a certificate that ARTICLE VII international circulation of visual and audi- such material is of an educational, scientific The contracting States undertake jointly tory materials of an educational, scientific or cultueftl character within the meaning of to consider means of reducing to a minimum and cultural character, the free flow of Ideas article I, shall be filed in connexion with the restrictions that are not removed by the by word and image will be promoted and the entry. present Agreement which might Interfere 2. The certificate shall be issued by the the mutual understanding of peoples with the international circulation of the appropriate governmental agency of the thereby encouraged, in conformity with the material referred to in article I. aims of the United Nations Educational, State wherein the material to which the Scientific and Cultural Organization, certificate relates originated, or by the ARTICLE VIII Have agreed as follows: United Nations Educational, Scientific and Each contracting State shall communicate Cultural Organization as provided for in ARTICLE I to the United Nations Educational, Scientific paragraph 3 of this article, and in the forms and Cultural Organization, within the The present Agreement shall apply to vis- annexed hereto. The prescribed forms of perod of six months following the coming ual and auditory materials of the types certificate may be amended or revised upon into force of the present Agreement, the specified in article II which are of an edu- mutual agreement of the contracting States, cational, scientific or cultural character. provided such amendment or revision is in measures taken in their respective territories Visual and auditory materials shall be conformity with the provisions of this Agree- to ensure the execution of the provisions of deemed to be of an educational, scientific ment. the present Agreement. The United Nations and cultural character: 3. Certificates shall be issued by the Educational, Scientific and Cultural Organi- (a) When their primary purpose or effect United Nations Educational, Scientific and zation shall communicate this information as is to instruct or inform through the devel- Cultural Organization for material of edu- it receives it to all contracting States. 1960 CONGRESSIONAL RECORD - SENATE 11173 ARTICLE IX sion, that in accepting the present Agree- For Chile: 1. All disputes arising out of the inter- ment it Is not assuming any obligation in For China: pretation or application of the present respect of all or any territories, for which For Colombia: Agreement between States which are both such contracting State has international ob- For Costa Rica: parties to the Statute of the International ligations.