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Protocol Amending the Agreement for the Suppression of the Circulation of Obscene Publications [1910] PITSE 2 (4 May 1910)

PROTOCOL AMENDING THE AGREEMENT FOR THE SUPPRESSION OF THE CIRCULATION OF OBSCENE PUBLICATIONS

(Paris, 4 May 1910)

ENTRY INTO FORCE : 04 MAY 1949

Depositary : United Nations Secretariat

THE PARTIES TO THE PRESENT PROTOCOL,

CONSIDERING that under the Agreement for the Suppression of the Circulation of Obscene Publications, signed at Paris on 4 May 1910, the Government of French Republic was invested with certain functions;

CONSIDERING that the said Government has offered to transfer to the United Nations the functions exercised by it under the abovementioned Agreement;

AND considering that it is expedient that these functions should be assumed henceforth by the United Nations,

HEREBY AGREE AS FOLLOWS:

Article 1

The Parties to the present Protocol undertake that as between themselves they will, in accordance with the provisions of the present Protocol, attribute full legal force and effect to, and duly apply, the amendments to this instrument which are set forth in the Annex to the present Protocol.

Article 2

The Secretary-General shall prepare the text of the Agreement of 4 May 1910 for the Suppression of the Circulation of Obscene Publications, as revised in accordance with the present Protocol, and shall send copies for their information to the Governments of every Member of the United Nations and every non-member State to which this Protocol is open for signature or acceptance. He shall also invite Parties to the aforesaid Agreement to apply the amended text of this instrument as soon as the amendments are in force, even if they have not yet been able to become Parties to the present Protocol.

Article 3

The present Protocol shall be open for signature or acceptance by any of the Parties to the Agreement of 4 May 1910 for the Suppression of the Circulation of Obscene Publications, to which the Secretary-General has communicated for this purpose a copy of the present Protocol.

Article 4

States may become Parties to the present Protocol by:

(a) Signature without reservation as to acceptance;

(b) Signature with reservation as to acceptance, followed by acceptance;

(c) Acceptance.

Acceptance shall be effected by the deposit of a formal instrument with the Secretary-General of the United Nations.

Article 5

The present Protocol shall come into force on the date on which two or more States shall have become parties thereto.

The amendments set forth in the Annex to the present Protocol shall come into force in respect of the Agreement of 4 May 1910 for the Suppression of the Circulation of Obscene Publications when thirteen Parties thereto shall have become Parties to the present Protocol, and consequently, any State becoming a Party to the Agreement after the amendments thereto have come into force shall become a Party to the Agreement as so amended.

Article 6

Upon the entry into force of the amendments set forth in the Annex to the present Protocol, the French Government shall deposit with the Secretary-General of the United Nations the original of the Agreement, together with the various documents which were in its custody by virtue of the functions which it exercised.

Article 7

In accordance with paragraph 1 of Article 102 of the Charter of the United Nations and the regulations pursuant thereto adopted by the General Assembly, the Secretary-General of the United Nations is authorized to effect registration of the present Protocol and the amendments made in the Agreement by the present Protocol on the respective dates of their entry into force, and to publish the Protocol and the amended Agreement as soon as possible after registration.

Article 8

The present Protocol, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited in the archives of the United Nations Secretariat. The Agreement to be amended in accordance with the Annex being in the French language only, the French text of the Annex shall be authentic and the Chinese, English, Russian and Spanish texts shall be translations. A certified copy of the Protocol, including the Annex, shall be sent by the Secretary-General to each of the Parties to the Agreement of 4 May 1910 for the Suppression of the Circulation of Obscene Publications, as well as to all Members of the United Nations.

IN WITNESS WHEREOF the undersigned, being duly authorized thereto by their respective Governments, signed the present Protocol on the date appearing opposite their respective signatures.

DONE at Lake Success, New York, this fourth day of May one thousand nine hundred and forty-nine.

[Here follows the list of signatures.]

ANNEX TO THE PROTOCOL AMENDING THE AGREEMENT FOR THE SUPPRESSION OF THE CIRCULATION OF OBSCENE PUBLICATIONS, SIGNED AT PARIS ON 4 MAY 1910

Article 1

The final paragraph shall read:

"The Contracting Governments shall mutually make known to one another, through the Secretary-General of the United Nations, the authority established or designated in accordance with the present Article."

Article 4

shall read:

"Non-signatory States will be permitted to adhere to the present Agreement. They shall notify their intention to that effect by means of an instrument which shall be deposited in the archives of the United Nations. The Secretary-General of the United Nations shall send a certified copy of the said instrument to each one of the Contracting States and to all the Members of the United Nations, and at the same time apprise them of the date of deposit.

"Six months after that date, the Agreement will go into effect throughout the territory of the adhering State, which will thereby become a Contracting State."

Article 5

The third paragraph shall read:

"The denunciation shall be notified by any instrument which shall be deposited in the archives of the United Nations. the Secretary-General of the United Nations shall send a certified copy thereof to each one of the Contracting States and to all the Members of the United Nations, and at the same time apprise them of the date of deposit."

Article 7

The first paragraph shall read:

"Should a Contracting State wish to enforce the present Agreement in one or more of its colonies, possessions or areas under consular jurisdiction, it shall notify its intention to that effect by an instrument which shall be deposited in the archives of the United Nations. The Secretary-General of the United Nations shall send a certified copy to each of the Contracting States and to all the Members of the United Nations and the same time apprise them of the date of the deposit."
The third paragraph shall read:

"The denunciation of the Agreement by one of the Contracting States on behalf of one or more of its colonies, possessions or consular court districts shall be effected in the form and under the conditions set forth in the first paragraph of this Article. It shall take effect twelve months after the date of the deposit of the instrument of denunciation in the archives of the United Nations."

INTERNATIONAL AGREEMENT FOR THE SUPPRESSION OF OBSCENE PUBLICATIONS

The Governments of the Powers hereinafter named, being equally desirous of facilitating, so far as their respective laws permit, the interchange of information for the purpose of the discovery and suppression of offences relating to obscene publications, have resolved to conclude an Agreement for that purpose, and have accordingly appointed their plenipotentiaries, who, having met in conference at Paris from 18 April to 4 May 1910, have agreed upon the following provisions:

Article 1

Each of the Contracting Governments agrees to establish or to designate an authority charged with the duty:

1. Of coordinating all information which may facilitate the discovery and suppression of acts constituting offences against their internal legislation in respect of obscene writings, designs, pictures, or objects, where the various acts constituting the offence have taken place in different countries;

2. Of furnishing all information which may be useful for the purpose of preventing the importation of publications of objects contemplated by the preceding paragraph, or of securing or expediting the seizure thereof, so far as their respective laws permit;

3. Of communicating the laws which have been or shall be introduced in their respective States with reference to the object of the present Agreement.

The Contracting Governments shall make known to each other, through the intermediary of the Government of the French Republic, the authority established or designated in conformity with the present Article.

Article 2

The authority designated under Article 1 shall have power to correspond direct with the similar department established in each of the other Contracting States.

Article 3

The authority designated under Article 1 shall, if the internal legislation of the country concerned so permit, communicate to the similar authorities of all the other Contracting States particulars of convictions pronounced in the said country in respect of offences contemplated by Article 1.

Article 4

Non-Signatory States may accede to the present Agreement. For this purpose they shall notify their intention to do so by means of a declaration which shall be deposited in the archives of the Government of the French Republic, who shall communicate a certified copy thereof, through the diplomatic channel, to each of the Contracting States, notifying at the same time the date of such deposit.

Six months after this date the Agreement shall come into force throughout the territory of the acceding State, and such State shall thereupon become a Contracting State.

Article 5

The present Agreement shall come into force six months after the date of the deposit of ratifications.

If one of the Contracting States denounces it, such denunciation shall only have effect as regards that State.

The denunciation shall be notified by a declaration which shall be deposited in the archives of the Government of the French Republic, who shall communicate a certified copy thereof, through the diplomatic channel, to each of the Contracting States, notifying at the same time the date of such deposit.

Twelve months after this date the Agreement shall cease to be in force throughout the territory of the State which has denounced it.

Article 6

The present Agreement shall be ratified, and the ratifications shall be deposited at Paris as soon as six of the Contracting States are in a position to do so.

A Protocol recording the deposit of ratifications shall be drawn up, of which a certified copy shall be transmitted, through the diplomatic channel, to each of the Contracting States.

Article 7

If a Contracting State desires the present Agreement to come into force in one or more of its colonies, possessions, or consular judicial districts, it shall notify its intention by a declaration which shall be deposited with the Government of the French Republic, who shall communicate a certified copy thereof, through the diplomatic channel, to each of the Contracting States, notifying at the same time the date of such deposit.

Six months after this date the Agreement shall come into force in the colonies, possessions, and consular judicial districts included in such notification.

The denunciation of the Agreement by one of the Contracting Parties on behalf of one or more of its colonies, possessions, and consular judicial districts, shall be made under the forms and conditions laid down by the first paragraph of this Article. Such denunciation shall have effect twelve months after the date of the deposit of the declaration thereof in the archives of the Government of the French Republic.

Article 8

The present Agreement, which shall be dated 4 March 1910, may be signed in Paris up to 31 July following, by the plenipotentiaries of the Powers represented at the Conference for the Suppression of Obscene Publications.

DONE at Paris, the 4th May, 1910, in a single copy, of which a true copy shall be communicated to each of the Governments which have signed the same.

[Signatures not reproduced here.]