FLORENCE AGREEMENT, SIGNATORIES AND PARTIES-Continued Signatures, Dates of Guatemala, Nov. 22, 1950- Israel, Nov. 22, 1950_. New Zealand, Mar. 16, 1951. *With reservation. **Will be extended to Tunisia. ***Subject to approval. Ratifications deposited, Dates of July 8, 1960 May 14, 1954 March 27, 1952 October 31, 1957 October 31, 1957 August 30, 1952 June 29, 1962 May 21, 1952 [From the Congressional Record of June 6, 1966, pp. 11704-11707.] IMPLEMENTING THE "BEIRUT AGREEMENT" TO FACILITATE THE INTERNATIONAL CIRCULATION OF VISUAL AND AUDITORY MATERIALS OF AN EDUCATIONAL, SCIENTIFIC, AND CULTURAL CHARACTER (Mr. Curtis (at the request of Mr. Grover) was granted permission to extend his remarks at this point in the RECORD and to include extraneous matter.) Mr. CURTIS. Mr. Speaker, I am today introducing a House joint resolution identical to House Joint Resolution 688 introduced by the distinguished chairman of the Ways and Means Committee [Mr. Mills] authorizing the President to designate a Federal agency, or agencies, to be responsible for carrying out the provisions of the agreement for facilitating the international circulation of visual and auditory materials of an educational, scientific, and cultural character, the so-called Beirut agreement. The Beirut agreement was conceived as a means of contributing to the cause of peace through the freer exchange of ideas and knowledge across national boundaries. Essentially, it provides a device for insuring duty-free treatment by all implementing countries of audiovisual materials of a "public service”— educational, scientific, or cultural-nature. The Beirut agreement is different from the "Florence" agreement on the importation of educational, scientific, and cultural materials in a major respect. It provides a certification procedure whereby each qualifying imported audiovisual item is guaranteed to be of an educational, scientific, or cultural character, and therefore is free of duty no matter in how many implementing countries it is shown or otherwise used. HISTORY OF BEIRUT AGREEMENT The agreement for facilitating the international circulation of visual and auditory materials of an educational, scientific, and cultural character was introduced by the United States at the third General Conference of the United Nations Educational, Scientific and Cultural Organization-UNESCO—in Beirut, Lebanon, in November 1948. It was then adopted by 10 nations and opened for signature at Lake Success, N.Y., on July 15, 1949. To date 21 nations have signed and implemented the agreement. [See list.] The U.S. Senate gave its advice and consent to the agreement on May 24, 1960. Implementing legislation has been introduced since 1960 by Ways and Means Committee Chairman Mills. The present implementing bill is House Joint Resolution 688, on which the Ways and Means Committee is holding hearings today and tomorrow, June 6 and 7. Since 1953 the United States has partially and informally participated in the Beirut agreement by establishing a certification procedure whereby U.S. producers and distributors of educational audiovisual material, may take advantage of other nations' implementation of the agreement. Thus, since 1953, the U.S. Information Agency-USIA-has certified U.S. educational audiovisual materials so that they might be imported duty free by, at present, at least 21 nations. U.S. implementation of the Beirut agreement would, therefore, merely extend to other nations the privileges they have extended to us since 1952. The USIA in undertaking this certification activity has acted on policy dating as far back as 1938, when the United States determined that it would assist the circulation abroad of American visual and auditory materials. Thus, in 1942, the State Department began to certify eligible materials, which had previously suffered a disadvantage abroad for lack of a certification program, and in 1946 the Department established an interdepartmental committee on attestation to review and certify eligible materials. WHAT THE AGREEMENT PROVIDES The Beirut agreement-article III-provides in part that "Each of the contracting States shall accord exemption from all customs duties and quantitative restrictions and from the necessity of applying for an import license" for international shipments of materials defined as "audiovisual," which shipments bear certification by the government of the country of origin as to the educational character of the materials. Article II of the agreement provides that duty-free treatment will be given to the following specific audiovisual materials: "films, filmstrips and microfilm in either negative form, exposed and developed, or positive form, printed and developed; sound recordings of all types and forms; glass slides; models, static and moving; wall charts, maps and posters." when they are deemed to be of an educational, scientific, or cultural character. Article I defines educational, scientific and cultural character of the above materials, as follows: "(a) When 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 good will; "(b) When the materials are representative, authentic, and accurate; and "(c) When the technical quality is such that it does not interfere with the use made of the material." HOW HOUSE JOINT RESOLUTION 688 IMPLEMENTS THE BEIRUT AGREEMENT House Joint Resolution 688 implements the Beirut agreement by amending the Tariff Schedules of the United States—TSUS—to provide a new headnote to part 6 of the TSUS, and a new tariff item 870.30. The new headnote provides that: "No article shall be exempted from duty under item 870.30 unless a Federal agency or agencies designated by the President determines that such article is visual or auditory material of an educational, scientific, or cultural character within the meaning of the Agreement for Facilitating the International Circulation of Visual and Auditory Materials of an Educational, Scientific, and Cultural Character." New TSUS item 870.30 provides free entry for "developed photographic film, including motion-picture film on which pictures or sound and pictures have been recorded; photographic slides; transparencies; sound recordings; recorded video-tape; models; charts, maps; globes; and posters; all of the foregoing which are determined to be visual or auditory materials in accordance with headnote 1 of this part, free." Authority for the President to establish an agency to make the determinations required by the new TSUS headnote is provided in sections 1 and 2 of the joint resolution. These sections provide that the President may designate an agency to administer the program, that the agency so designed should have the duty of carrying out the provisions of the agreement, and that other agencies may furnish facilities and personnel for assisting the designated agency to carry out the provisions of the agreement. A weakness of Joint Resolution 688 that could well be explored in the hearings is its failure to designate specifically an agency to carry out the authentication of certified imports for duty-free treatment. The USIA has since 1953 certified U.S. exports. But because the agency has no representatives at ports of entry where authentication for customs purposes of certified imports must be made, it would seem that the Customs Bureau is the appropriate administering agency. If the Ways and Means Committee so determines, then the Customs Bureau should be assigned this responsibility by the implementing legislation, and perhaps provision should be made for providing USIA consultation to the Customs Bureau in carry out the authentication of certified imports. Each contracting nation is given authority under paragraph 6 of article IV so to screen certified imports of audiovisual materials to insure that they meet the criteria of the agreement. If the country of entry decides to deny duty-free entry, then procedures are provided in article IX of the agreement for submitting disputes either to the World Court or to an international arbitration tribunal established in conformity with the 1907 Convention for Pacific Settlement of International Disputes. Each contracting country is also given authority to censor material in accordance with its own laws, and to limit entry for public security reasons-article V. TRADE EFFECT OF AGREEMENT The United States is the major world exporter of materials covered by the agreement. Thus the United States has been enjoying duty-free foreign treatment of its certified audiovisual exports without providing reciprocal treatment for the exports of other nations. It is estimated by the USIA that in 1964 the United States exported about $3.5 million worth of certified audiovisual products. Imports of such certified materials are estimated to be very small. In 1964, total U.S. imports of films except 35 milimeter feature films were valued at $2,079,845. It is considered doubtful whether more than 10 percent of that amount represented the value of the motion picture imports that could have been certified for duty-free entry under the Beirut agreement. It is difficult to estimate the trade effect of implementing the agreement because in most classes of commodities no statistical distinction is made between educational and amusement materials. Phonograph records worth $3,831,022 were imported in 1964 under item 724.25. But it is estimated that imported educational recordings eligible for certification is infrequent-perhaps worth only $15,000 to $20,000. IMPLEMENTATION MAY INCREASE U.S. EXPORTS Several countries do not allow duty-free entry of U.S. certified materials because we do not extend this privilege to them. The United Kingdom, for example, a major market for U.S. audiovisual materials of an educational, scientific, and cultural character does not allow free importation even though certified by the USIA under its customary procedure. Thus it is considered that congressional passage and Presidential signature of House Joint Resolution 688 will increase duty-free exports of U.S. audiovisual products to foreign countries. "POLICING" THE AGREEMENT The Beirut agreement provides in article VI that each contracting state will send to UNESCO a copy of each certificate which it issues to its products, and shall inform the UNESCO of any refusals of duty-free entry of a product certified by any other contracting state. The UNESCO then publishes in English and French catalogs showing all certifications and all decisions made in respect to qualifying audiovisual exports and imports. Thus, in contradistinction of the Florence agreement, the Beirut agreement provides an internal accounting or “policing" system whereby the operation of the agreement can be reviewed, and if complaints about its implementation by any contracting states exist, action can be taken on such complaints under the procedures for disputes provided. SUMMARY Since 1953 the U.S. Information Agency has operated a certification program whereby U.S. exports of audiovisual educational, scientific, and cultural materials receive duty-free treatment by at least 21 countries. At the same time the United States has failed to provide equal treatment for imports from the same States. As a result at least one important potential market has refused to recognize U.S. certified exports. The implementation of the Beirut agreement by Chairman MILLS' Joint Resolution 688 and by the similar joint resolution I am introducing today would simply extend long overdue U.S. reciprocal treatment to certified imports and at the same time increase certified U.S. exports, all for the beneficial purpose of freeing intellectual commerce among the nations of the world. Following is the joint resolution I introduce and a copy of the Beirut agreement. "H.J. RES. 1158 "Joint resolution to give effect to the Agreement for Facilitating the International Circulation of Visual and Auditory Materials of an Educational, Scientific, and Cultural Character, approved at Beirut in 1948. "Whereas the Congress and the President have repeatedly declared it to be a national policy to promote a better understanding of the United States in other countries, and to increase mutual understanding between the people of the United States and the people of other countries; and "Whereas the General Conference of the United Nations Educational, Scientific, and Cultural Organization of its third session at Beirut, Lebanon, in 1948, approved and recommended to member states for signature an Agreement for Facilitating the International Circulation of Visual and Auditory Materials of an Educational, Scientific, and Cultural Character, which Agreement has been signed by twenty-one nations, including the United States; and "Whereas the Senate has given its advice and consent to the ratification of the Agreement; and "Whereas the Congress does hereby determine that mutual understanding between peoples will be augmented by the measures provided for in said Agreement: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States is authorized to designate a Federal agency or agencies which shall be responsible for carrying out the provisions of the Agreement for Facilitating the International Circulation of Visual and Auditory Materials of an Educational, Scientific, and Cultural Character and a related protocol of signature, opened for signature at Lake Success on July 15, 1949 (hereinafter in this Act referred to as the "Agreement"). It shall be the duty of the Federal agency or agencies so designated to take appropriate measures for the carrying out of the provisions of the Agreement including the issuance of regulations. "SEC. 2. Agencies of the Federal Government are authorized to furnish facilities and personnel for the purpose of assisting the agency or agencies designated by the President in carrying out the provisions of the Agreement. "SEC. 3. (a) (1) Part 6 of schedule 8 of the Tariff Schedules of the United States (19 U.S.C. 1202) is amended by inserting after the heading to such part 6 the following: Part 6 headnote: 1. No article shall be exempted from duty under item 870.30 unless a Federal agency or agencies designated by the President determines that such article is visual or auditory material of an educational, scientific, or cultural character wtihin the meaning of the Agreement for Facilitating the International Circulation of Visual and Auditory Materials of an Educational, Scientific, and Cultural Character.' "(2) Such part 6 is amended by adding at the end thereof the following new item: "'870.30 Developed photographic film, including motion-picture film Free "(b) The amendments made by subsection (a) shall apply with respect to articles entered, or withdrawn from warehouse, for consumption, on or after the date proclaimed by the President pursuant to this subsection, which date shall be within the period of six months which begins with the day after the day on which the United States instrument of acceptance of the Agreement is deposited with the Secretary General of the United Nations." (See p. 28 for Text of Agreement for Facilitating the International Circulation of Visual and Auditory Materials of an Educational, Scientific, and Cultural Character.) SIGNATORIES TO THE BEIRUT AGREEMENT Afghanistan, Brazil, Canada, Denmark, Dominican Republic, Ecuador, El Salvador, Greece. Haiti, Iran, Norway, The Philippines, United States of America, Uruguay, The Netherlands, Lebanon. SIGNATORIES WHO RATIFIED Brazil, Canada, Denmark, El Salvador, Greece, Haiti, Iran, Norway, The Philippines. BY ACCESSION Cambodia, Ghana, Malagasy, Pakistan, Syria, Trinidad and Tobago, Yugoslavia, Iraq. The following memorandum on reciprocity was prepared by the U.S. Information Agency : RECIPROCITY The principle of reciprocity has several meanings or applications reflecting our involvement with the Beirut Agreement. Firstly, there is the moral suasion involved that impels the action of implementation you are embarked upon this morning. Some 25 countries have for many years been according our certificates recognition, yet we cannot recognize theirs. When H.J. Res. 688 becomes law there will be reciprocal recognition in these regards. Secondly, there will be both the automatic and the induced reciprocity that will follow our legislative act of implementation. For instance, we would expect that Great Britain will then automatically recognize our certificates pursuant to most favored nation responsibilities, and France may file an adherence to the Beirut Agreement because our said action will have demonstrated our bona fides; others who do not accord our certificates full recognition now will do so then because they have already ratified or adhered to Beirut. Finally, we can itemize the latest reciprocity which this legislation will activate; of these, one group includes those nations who have now ratified Beirut; next, the nations who subsequent to our action themselves complete ratification or adherence to Beirut; then, there are those who will owe us the Beirut entitlements under bi-lateral treaties containing M.F.N. obligations; and last, any of the G.A.T.T. nations not embraced in any of the just named. |