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Cultural Agreement between the Government of Canada and the Government of the People's Republic of China [2005] CATSer 2 (20 January 2005)

E105017

CULTURAL AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE PEOPLE’S REPUBLIC OF CHINA

THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE PEOPLE’S REPUBLIC OF CHINA, hereinafter referred to as “the Parties”;

DESIROUS to consolidate and strengthen the friendly ties and reciprocal understanding between their peoples; and

CONSCIOUS of the desirability of promoting to the greatest possible extent the mutual knowledge and understanding of their respective cultures and intellectual and artistic achievements, as well as their history and way of life, by means of friendly cooperation between their respective countries;

HEREBY AGREE as follows :

ARTICLE 1

Purpose

1. The Parties, eager to broaden knowledge of each other’s civilization and culture for the purpose of strengthening ties between their countries, shall collaborate to this end.

2. In particular, they shall encourage the establishment and intensification of close and continuous contacts between the Chinese and Canadian peoples as well as cultural institutions.

ARTICLE 2

Fields of cooperation

The Parties shall encourage:

(a) the study of the languages, literature, culture and heritage, including those of indigenous groups, of each other’s country;

(b) the development of cultural relations between their countries, including the exchange of study and lecture visits by specialists in relevant areas;

(c) cooperation between museums, galleries, art centres, schools of art, and any other institutions involved in promoting the objectives of this Agreement;

(d) cooperation in the field of literature and between libraries, including for the exchange of books and other publications;

(e) cooperation in the fields of press and publication, new media, broadcasting, film and television;

(f) youth exchanges and cooperation between youth organizations;

(g) contacts and cooperation between sporting organizations of the two countries;

(h) the development of tourism between the two countries;

(i) the sharing of experience and the exchange of information in the fields of arts, culture and cultural heritage; and

(j) any other forms of related cooperation as may be acceptable to the Parties or relevant institutions in both countries.

ARTICLE 3

Programmes of cooperation

For the purpose of implementing this Agreement, the Parties or implementing agencies of the Parties to be designated by the Parties shall, as accepted upon from time to time, enter into Programmes of Cooperation, valid for specific periods.

ARTICLE 4

Other levels of cooperation

1. The Parties shall encourage the establishment of contacts and cooperation at various levels, including between cultural departments, agencies and institutions, non-governmental institutions and organizations and individuals in both countries in the fields covered by this Agreement, and shall encourage non-governmental cultural exchanges between the two countries.

2. In the implementation of the provisions of the Agreement, the cultural institutions of both Parties, may enter into and maintain relations at their own disposal, subject to the domestic law of the respective States.

ARTICLE 5

Understandings with a province of Canada

The relevant authority of the People’s Republic of China and a province of Canada may conclude understandings concerning any cultural matter covered by this Agreement within provincial jurisdiction in Canada in so far as those understandings are not inconsistent with the provisions of this Agreement and Chinese law.

ARTICLE 6

Illicit transfer of cultural property

The Parties reaffirm their commitment to prohibit and prevent the illicit import, export and transfer of ownership of cultural goods in accordance with the 1970 UNESCO “Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property” to which they are parties.

ARTICLE 7

Disputes

Any dispute between the Parties as to the interpretation and implementation of this Agreement shall be resolved amicably through consultation or negotiation between the Parties.

ARTICLE 8

Amendments

1. This Agreement may be amended or modified by an agreement between the Parties through an Exchange of Notes in conformity with each Party’s internal procedures.

2. Any amendments or modifications of the Agreement, shall enter into force on the date of the last Note.

ARTICLE 9

Entry into force

1. This Agreement shall enter into force on the date of its signature.

2. This Agreement shall remain in force unless terminated in accordance with Article 10.

ARTICLE 10

Termination

Either Party may terminate this Agreement at any time by giving six months’ written notice to that effect to the other Party.

IN WITNESS WHEREOF the undersigned, being duly authorized thereto by their respective Governments, have signed this Agreement.

DONE at Beijing on this 20^thday of January, 2005, in duplicate, in the English, French and Chinese languages, each version being equally authentic.

Raymond Chan

FOR THE GOVERNMENT OF CANADA

Sun Jiazheng

FOR THE GOVERNMENT OF THE PEOPLE’S REPUBLIC OF CHINA