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Accession by Australia to the Convention on the Protection and Promotion of the Diversity of Cultural Expressions (Paris, 20 October 2005)

On 18 September 2009, Australia deposited with the Director-General its instrument of accession to the Convention on the Protection and Promotion of the Diversity of Cultural Expressions.

The instrument contained the following declaration in respect of Article 16:

“Australia declares that it considers that the obligation in Article 16 on developed countries to ‘facilitate cultural exchanges with developing countries by granting, through the appropriate institutional and legal frameworks, preferential treatment to artists and other cultural professionals and practitioners as well as cultural goods and services from developing countries’ is not intended to affect the content or interpretation of domestic legislation, regulations, rules or criteria relating to eligibility for immigration visas or permits, or the exercise of discretion under legislation or regulations or in respect of rules or criteria.”

The instrument contained the following reservation with regard to Article 20(1)(a) and (b):

“The Convention shall be interpreted and applied in a manner that is consistent with the rights and obligations of Australia under any other treaties to which it is a party, including the Marrakesh Agreement Establishing the World Trade Organization. This Convention shall not prejudice the ability of Australia to freely negotiate rights and obligations in other current or future treaty negotiations.”

In accordance with the terms of its Article 29, the aforementioned Convention will enter into force with respect to Australia three months after the date of the deposit of its instrument, that is to say on 18 December 2009.


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Author(s) Office of International Standards and Legal Affairs
Source UNESCO
Publication Date 10 Oct 2009
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