29. The representative of the Federal Republic of Germany informed the meeting that his Government had, on the occasion of the deposit of its instrument of acceptance, made a statement interpreting the provisions of Article I to the effect that "the granting of Customs exemption is intended to serve the promotion of a free exchange of ideas and knowledge between the States Parties; that, however, this provision does not aim at furthering the shifting of production to a foreign country if such shifts are made chiefly for commercial reasons." The meeting noted that this statement had been communicated by the SecretaryGeneral of the United Nations to all States concerned and that the Contracting States alone were competent to pronounce on its admissibility. The representative of the Federal Republic of Germany brought to the notice of the meeting the considerations which had impelled his Government to make this statement. He observed, in particular, that his Government's preoccupation had been to prevent the benefits of the Agreement from being extended to books printed abroad for German publishers for purely commercial reasons. He indicated that, as from 1 January 1958, his Government intended to make liable to a duty of 5% books printed abroad to the order of a German publisher or by a foreign printing house associated with a German publisher, since such printing abroad did not, in his Government's view, assist the international circulation of books, which was one of the aims of the Agreement. While appreciating the difficulties experienced by the Federal Republic of Germany in this aspect of the practical application of the Agreement, the States applying the Agreement present at the meeting wished to record that the Agreement contains no provision which would allow the exclusion from its benefits of books produced under the conditions described by the representative of the Federal Republic of Germany. “(iii) Books and documents produced by duplicating processes other than printing." 30. The meeting was of the opinion that the absence of a category covering "printed documents or reports" was an unintentional omission from the Agreement, and invited States which apply the Agreement to consider the possibility of granting exemption to documents and reports of this kind, subject to the exceptions contained in Annex A. "(xi) Geographical, hydrographical or astronomical maps and charts.” 31. The meeting was of the opinion that the exemption provided under this item included maps and charts depicting geographically information in other scientific fields such as geology, zoology, botany, mineralogy, palaeontology, archaeology and ethnology. ANNEX B "WORKS OF ART AND COLLECTORS' PIECES OF AN CULTURAL CHARACTER" EDUCATIONAL, SCIENTIFIC OR 32. The meeting made the general observation that the exemption provided in this annex-see (i) and (ii) below-did not apply to the materials used in the production of works of art and collectors' pieces. "(i) Paintings and drawings, including copies, executed entirely by hand, but excluding manufactured decorated ware. (ii) Hand printed impressions, produced from hand engraved or hand etched blocks, plates or other material, and signed and numbered by the artist." 33. The meeting noted that the exemption for paintings and drawings contained no qualification as to the materials on which such paintings and drawings were executed. 34. An extended and valuable discussion took place on the above two clauses of the Agreement. It emerged from the discussion that, since the time the Agreement was drafted in 1950, great progress had been made in the publishing of high quality colour reproductions of works of art. The stipulation that copies must be executed entirely by hand constituted a severe limitation upon the dissemination of these reproductions, which were of major cultural interest. 35. In this connexion the attention of the meeting was drawn to the fact that since 1949 Unesco had been publishing in English, French and Spanish two catalogues of colour reproductions entitled: (a) Catalogues of Colour Reproductions of Paintings Prior to 1860. The current editions of these catalogues list reproductions of approximately 1,600 paintings. New editions of the catalogues are issued every two years. The reproductions for inclusion in the catalogues are selected by a committee of international experts, the criteria being the fidelity of the colour reproduction, the significance of the artist and the importance of the original painting. 36. It appeared to the meeting that these Unesco catalogues constituted an excellent basis for a limited extension of the benefit of the Agreement to meritorious art reproductions in colour. Accordingly, the meeting decided to invite States applying the Agreement to consider the possibility of granting duty free entry to: Art reproductions in colour, executed otherwise than by hand, of paintings by Old or Modern Masters, which are included in the Catalogues of Reproductions published by Unesco. It was made clear that this extension of the benefits of the Agreement would not cover other colour prints and articles such as book illustrations and postcards. 37. The meeting invited States applying the Agreement to include in their reports to Unesco information on measures which they might take in accordance with the above suggestion. The meeting furthermore concluded that the incorporation of this item in the Agreement might be considered at any future revision conference. 38. Consideration was given, on the proposal of the International Association of Plastic Arts, to the possible use of a label identifying the works of living artists produced subsequent to 1920 and intended for display at individual or group exhibitions abroad. It was the consensus of opinion of the meeting that, inasmuch as such works of art were granted unqualified exemption under the existing provisions of the Agreement, no identifying certificate was necessary or desirable. "(vi) Antiques, being articles in excess of 100 years of age" 39. Many delegates described their current practices as to the duty free admission of these items. It was found that States applying the Agreement give effect to this provision in a liberal manner. As a general rule, Customs administrations require some evidence of the age of the antique; the nature of the evidence required varies from country to country. It was the opinion of the meeting that no standard form of certificate of age was necessary and that the method of implementation should be left to the discretion of national Customs administrations. ANNEX C "VISUAL AND AUDITORY MATERIALS OF AN EDUCATIONAL, SCIENTIFIC OR CULTURAL CHARACTER (i) Films, filmstrips, microfilms and slides, of an educational, scientific or cultural character, when imported by organizations (including, at the discretion of the importing country, broadcasting organizations), approved by the competent authorities of the importing country for the purpose of duty free admission of these types of articles, exclusively for exhibition by these organizations or by other public or private educational, scientific or cultural institutions or societies approved by the aforesaid authorities." 40. The meeting took note of communications submitted by a number of international organizations setting forth the difficulties they had experienced in the circulation of films of an educational, scientific or cultural character. The meeting invited these organizations to apply to the national administrations concerned and expressed the conviction that their problems would be given sympathetic attention. 41. Certain international non-governmental organizations requested the granting of duty free entry to cinematographic material such as cameras, sound equipment, etc., necessary in connexion with the filming of a production in several countries. The meeting observed that this request was beyond the scope of the Agreement. However, a number of delegates drew attention to the Customs facilities available for the temporary importation of cinematographic material. It was felt that the application of this temporary importation procedure might meet the requirements of the organizations concerned. 42. The meeting examined a suggestion made by the representative of France concerning the procedures for temporary importation of films of a cultural character which governments sent abroad for showing under official auspices and for non-commercial purposes. It was the opinion of the meeting that this was a suggestion that States might examine individually with a view to simplifying to a maximum degree the procedures for temporary importation of such films. "(iii) Sound recordings of an educational, scientific or cultural character for use exclusively in public or private educational, scientific or cultural institutions or societies (including, at the discretion of the importing country, broadcasting organizations) approved by the competent authorities of the importing country for the purpose of duty free admission of these types of articles." 43. The meeting had before it a request of the International Music Council for duty free entry of tapes and matrices for certain categories of national contemporary music, folk music, international collections, etc. The meeting felt it was not in a position to offer any suggestion on this point, which was beyond the scope of the Agreement. 44. With reference to another request made by the International Music Council, however, the meeting decided to suggest that States applying the Agreement might give consideration to approving the national committees and the international member organizations of the International Music Council for the purposes of duty free admission of the types of articles covered in Annex C (iii). "(iv) Films, filmstrips, microfilms and sound recordings of an educational, scientific or cultural character produced by the United Nations or any of its Specialized Agencies." 45. The meeting gave consideration to a label for attachment to consignments dispatched by the United Nations and the Specialized Agencies under the terms of the Agreement. The label had been previously approved by the Administrative Committee on Co-ordination consisting of the Secretary-General of the United Nations and the Heads of the Specialized Agencies. The purpose of this label is to facilitate the identification of films, filmstrips, microfilms and sound recordings of an educational, scientific or cultural character, and also of books and publications, produced by the United Nations or any of the Specialized Agencies. 46. The meeting gave its unanimous approval to the label as a means of facilitating the Customs identification of these materials and urged States applying the Agreement to accept its use. Accordingly, the Director-General of Unesco was invited to circulate the label to Member States and in so doing to supply sample copies for the use of national Customs administrations. The Director-General was also invited to draw the attention of the United Nations and the other Specialized Agencies to the importance of ensuring proper control over the issue and use of the label. ANNEX D "SCIENTIFIC INSTRUMENTS OR APPARATUS Scientific instruments or apparatus, intended exclusively for educational purposes or pure scientific research, provided: (a) That such scientific instruments or apparatus 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 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." 47. An instructive exchange of views took place on the way in which countries apply the provisions of Annex D. A number of delegates stated that in their countries this Annex is applied by a system under which duty free entry is subject to the condition that the scientific instrument or apparatus concerned is not manufactured domestically, which in some countries is certified by the competent Ministry. Representatives of other States indicated that duty free entry is granted whether or not instruments or apparatus of equivalent scientific value are available from domestic production. Some States allow the materials concerned to be imported duty free without regard to destination. In those States which required that the materials be intended for a scientific or educational institution, it was the general practice to allow such institutions, whether they were of a public or of a private character, to benefit from the facilities. 48. In view of the diversity of national practices and in view of the difficulty experienced in some countries in determining what categories of scientific instruments or apparatus should be given the privileges of Annex D, it was felt that the Secretariat of Unesco could render a useful service by providing a guide to the application of this Annex of the Agreement. Accordingly, Unesco was invited, in preparing a revised edition of the brochure "Agreement on the Importation of Educational, Scientific and Cultural Materials: A Guide to its Operation" to include an account of the criteria emerging from the reports of States applying the Agreement as to the categories of scientific instruments or apparatus which should be accorded the privileges of Annex D. 49. The meeting also discussed whether spare parts and attachments for scientific instruments or apparatus which had previously been granted the benefits of this Annex should be given the same benefits. The meeting concluded that it would be in the spirit of the Agreement to do so. "PROTOCOL ANNEXED TO THE AGREEMENT ON THE IMPORTATION OF EDUCATIONAL, SCIENTIFIC AND CULTURAL MATERIALS" 50. The representative of the United States of America made a statement in which he set forth the circumstances which had governed consideration of this Agreement in his country. While stating that his Government was in complete sympathy with the aims of the Agreement, he drew attention to the continuing domestic considerations which have thus far prevented the United States of America from signing the Agreement. 51. The meeting expressed the hope that the United States of America would find it possible to accept the Agreement at an early date. VII. MEASURES TO ENCOURAGE ADDITIONAL STATES TO BECOME PARTIES ΤΟ THE AGREEMENT 52. After concluding its examination of the terms of the Agreement, the meeting embarked upon a discussion of measures to encourage additional States to become parties to it. Representatives of a number of States which have not as yet joined the Agreement stated that they expected that their respective governments would find it possibly to ratify or accept it in the near future. 53. It was the unanimous view that the meeting had been extremely valuable in clarifying the way in which the Agreement was to be applied and that this would greatly facilitate ratification or acceptance by additional States. The meeting recorded the general recommendation that those States which have not up to now been able to ratify or accept the Agreement should as soon as possible take the measures necessary to bring their national practices into conformity with its provisions and to become Parties to it. Such widespread adherence to the Agreement would, in the view of the meeting, help substantially to achieve Unesco's objective of promoting the free flow of ideas. 54. The meeting was of the unanimous opinion that Unesco should continue to avail itself of every opportunity to encourage States to ratify or accede to the Agreement. It was felt that the General Conference of Unesco, at its tenth session in Paris in November 1958, might usefully adopt a resolution to that effect. 55. The meeting considered that the Secretariat of Unesco should continue to provide information, guidance and assistance to governments concerning the application of the Agreement and concerning any technical problems which States might encounter in becoming Parties to it. It was hoped that government departments in States not as yet Parties to the Agreement would avail themselves of opportunities for informal consultations with the Unesco Secretariat. Drawing upon the information and advice of States applying the Agreement, the Unesco Secretariat might substantially assist in resolving the difficulties which now prevent additional States from becoming Parties to the Agreement. Mr. WATTS. That is all, Mr. Chairman. Mr. KING. Thank you, Senator, for coming to the committee. Ambassador BENTON. Mr. Chairman, I am grateful to you and the members of your committee. Mr. CURTIS. It has been called to my attention there is a provision in the Tariff Act. Section 305 (a) of the Tariff Act of 1930 provides that books and other types of printed matter, including drawings, any matter advocating or encouraging treason or insurrection against the United States, is prohibited. Apparently we put some of that in the tariff law. I hadn't realized that. That is usually written in other kinds of legislation. Ambassador BENTON. There may be provisions on the obscenity question and probably are in some branch of our laws. I would assume there probably must be. Mr. FRASE. There are provisions in the customs law on obscenity as well. It has nothing to do with the tariff, however. Mr. KING. Thank you again, Senator and Mr. Frase, for your presentation this morning. Our next witness is Mr. Verner W. Clapp. Will you please identify yourself for the record, Mr. Clapp? STATEMENT OF VERNER W. CLAPP, AMERICAN LIBRARY ASSOCIATION Mr. CLAPP. Mr. Chairman and members of the committee, my name is Verner W. Clapp. I am president of the Council on Library Resources, Inc., and I am here today to represent the American Library Association, a professional nonprofit organization of more than 31,000 members. This is the oldest and largest association of librarians in the world. I appreciate this opportunity of appearing before you to urge favorable action on H.R. 8664 which would— enable the United States to give effect to the Agreement on the Importation of Educational, Scientific, and Cultural Materials, opened for signature at Lake Success on November 22, 1950 *** with a view to contributing to the cause of peace through the freer exchange of ideas and knowledge across national boundaries. This is a matter which lies close to the aims and objectives of the association and on which it has long taken a stand. The executive board of the association, by resolution dated November 15, 1958, urged U.S. adherence to the Florence Agreement, and the association presented testimony at hearings on the agreement before the Committee on Foreign Relations of the U.S. Senate on January 26, 1960. The Senate gave advice and consent to its ratification on February 23, 1960. More recently, on January 27, 1965, the Council of the American Library Association, its governing body, adopted a resolution urging the President, the Secretary of State, and the Congress to take the necessary action to implement the agreement which is under consideration here today. In his message of June 1, 1965, urging legislation to implement the agreement, the President stated that enactment of such legislation would be of material benefit to a number of kinds of educational, scientific and cultural institutions, including libraries. The fact is, however, as I shall explain, that the interest of libraries in the legislation is only in part motivated by the direct benefits which will result to them. Library support of the legislation is strongly motivated by other considerations than direct institutional benefit, and is independent of it. The real beneficiaries will be the many scientists, educators, and those interested in the development of culture. The American Library Association urges enactment of the legislation for the following four reasons: 1. The association strongly supports the thesis that not only provides the underlying philosophy of the agreement, but that is also the ac |