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Agreement between the Government of Canada and the United Nations Educational, Scientific and Cultural Organization (UNESCO) concerning the Establishment of an Office of UNESCO in Canada [1989] CATSer 20 (18 September 1989)

E101909 - CTS 1989 No. 18

AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND CULTURAL ORGANIZATION (UNESCO) CONCERNING THE ESTABLISHMENT OF AN OFFICE OF UNESCO IN CANADA

PREAMBLE

The Government of Canada (hereinafter called "the Government") and UNESCO (hereinafter called the "Organization") desiring to open an Office of UNESCO (hereinafter called "the Office") in Québec city, Canada, have agreed as follows:

ARTICLE I

Premises and facilities of the Office

The Government undertakes to take all reasonable measures in its power to ensure that suitable premises, and such furniture and equipment as are necessary for the satisfactory functioning of the Office are placed at the disposal of UNESCO, free of charge, in accordance with an understanding between the Government of Québec and UNESCO.

ARTICLE II

Status and administration of the Office

1. The Office, being an integral part of the Secretariat of UNESCO, shall be under the control and the authority of the Organization.

2. The Organization shall have the right to make internal rules applicable to the Office in order to establish the conditions necessary for its operations.

3. Subject to the present Agreement, the law and regulations of Canada and the province of Quebec shall be applicable to the Office.

ARTICLE III

Mandate

Under the general direction of the UNESCO Secretariat in Paris, the Officer in charge of the Office is mandated to promote UNESCO amongst information media and the public and to act as official representative and spokesman of UNESCO in Canada. More specifically, his mandate with regard to the information media will be:

a) to develop and implement strategies to promote UNESCO with the media;

b) to develop and maintain a continuing relationship with those responsible for the information media;

c) to keep the Secretariat any measures that could have a favourable influence on the medias' perception of UNESCO,

and with respect to the public at large,

e) to keep the Secretariat informed of the evolution of public opinion towards UNESCO;

f) in cooperation with the Secretariat in Paris, to develop intervention strategies;

g) to propose to the Secretariat any measure that may have a positive influence on public opinion;

h) on a responsive basis, to provide information concerning UNESCO and its programme of work.

ARTICLE IV

Privileges and Immunities

1. The Convention on the Privileges and Immunities of the United Nations (hereinafter referred to as "the Convention"), as accepted by Canada on 22 January 1948, shall apply, mutatis mutandis, to UNESCO, its property and personnel, in respect of the Office.

2. For the purposes of Sections 2, 3, 4, 7 and 8 of Article II of the Convention, the expressions "property", "assets", "archives", and "publications" shall include audio-visual materials owned by UNESCO or such materials in the custody of the Office. The immunity from censorship provided under Section 9 of the Convention shall extend to audio-visual materials in the custody of the Office. Incoming and outgoing audio-visual materials to and from the Office shall be exempt from all customs duties and quantitative restrictions. No delays shall be imposed on the entry or exit of such materials.

3. The Director-General of UNESCO shall designate the Head of the Office and shall, in due course, communicate to the Government the name of the person to be so appointed. The Organization shall also communicate to the Government the names of other persons who may be appointed to the Office.

ARTICLE V

Settlement of Disputes

Any dispute between UNESCO and the Government of Canada concerning the interpretation or application of this Agreement, or any question affecting the Office or the relationship between the Office and the Government of Canada, which is not settled by negotiation or other agreed mode of settlement, shall be referred for final decision to a Tribunal of three arbitrators: one to be appointed by the Director-General of UNESCO, one to be appointed by the Government of Canada, and the third, who shall be chairman of the Tribunal, to be appointed by the first two arbitrators. Should either Party fail to appoint its arbitrator within two months of the appointment of the other Party's arbitrator, or if the first two arbitrators fail to agree upon the third within six months following the appointment of the first two arbitrators, the President of the International Court of Justice shall, at the request of either Party, designate any necessary arbitrator or arbitrators. The procedure of the arbitration shall be determined by the Tribunal, all of the decisions of which shall require a majority vote.

ARTICLE VI

Entry into Force, Duration, Amendment and Termination of the Agreement

1. This Agreement shall enter into force upon signature and shall remain in force until December 31, 1991. It is renewable for successive period of two (2) years, unless either Party gives written notice of termination six months before the expiry date.

2. This Agreement may be modified by mutual consent. Each Party shall give full and sympathetic consideration to any request from the other Party for such amendment.

IN WITNESS WHEREOF, the undersigned, duly authorized representatives of UNESCO and the Government of Canada, respectively, have signed this Agreement in duplicate at Québec on the 18^th day of September 1989, in English and French languages, both versions being equally authentic.

Monique Landry

FOR THE GOVERNMENT OF CANADA

Chanan Lal Sharma

FOR UNESCO