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A/RES/3281(XXIX) GA

Charter of Economic Rights and Duties of States : resolution / adopted by the General Assembly

29
Session
120
Yes
6
No
10
Abstentions
Draft symbol A/RES/3281(XXIX)
Adopted symbol A/RES/3281(XXIX)
P5 Positions
Russia United States United Kingdom China France ~
UN Document A/RES/3281(XXIX) ↗

Vote Recorded VoteA/PV.2315 Dec. 12, 1974

— Abstain (10)
✗ No (6)
Absent (2)
✓ Yes (120)
Full text of resolution OCR extract — may contain errors
50 General AHembly-Twenty-ninth SeHion 3253 (XXIX). Consideration of the economic and &ocial &ituation in the Sudano-Sahelian re- gion &tricken by drought and mea&ure& to be taken for the benefit of that region The General Assembly, Recalling its resolutions 3054 (XXVIII) of 17 Oc- tober 1973 and 3153 (XXVIII) of 14 December I 973, and Economic and Social Council resolutions 1834 (LVI) of 1'4 May 1974 and 1874 (LVII) and 1876 (LVII) of 16 July 1974 concerning the situa- tion in the Sudano-Sahelian region and the adjacent areas and the assistance to be given to the drought- stricken countries, Further recalling Economic and Social Council res- olution 1878 (LVII) of 16 July 1974 concerning the situation in the Sudano-Sahelian region and the assist- ance to be given to the drought-stricken areas of Ethiopia, Noting with appreciation the report of the Secretary- General on the economic and social situation in the Sudano-Sahelian region stricken by drought and meas- ures to be taken for the benefit of that region,33 Noting with satisfaction the part played by the Office .for Sahelian Relief Operations of the Food and Agri- culture Organization of the United Nations and by the United Nations Special Sahelian Office, l. Expresses its profound gratitude to the Govern- ments, United Nations bodies, private organizations and individuals that have given assistance to the Sudano-Sahelian population; 2. Welcomes the establishment of a United Nations Sahelian Office in Ouagadougou, whose main functions are described in the report of the Secretary-General; 3. Invites the Secretary-General to hasten the preparatory work on the establishment of a research institute for the arid Sahelian zone; 4. Recommends the establishment of a United Nations information centre at Ouagadougou, the head- quarters of the Permanent Inter-State Committee on Drought Control in the Sahel, in view of the need to obtain directly on-the-spot information designed to maintain and intensify to the widest possible extent public ~wareness of the tragedy which has befallen the Sudano-Sahelian countries and to sustain the momen- tum of active and involved interest in the successful implementation. of the programme as outlined by the Permanent Inter-State Committee; 5. Urges all Member States and United Nations bodies to intensify their efforts to attain the objectives stated in the relief and recovery programmes formu- lated by the countries concerned; 6. Requests the Secretary-General to pursue with determination and in co-operation with the appropri- ate financial institutions and organizations the action necessary to meet, in an effective and continuing man- ner, the requests for medium-term and long-term assistance formulated by the Permanent Inter-State Committee on Drought Control in the Sabel and by the Governments concerned; 7. Further requests the Secretary-General to con- tinue to report periodically on the implementation of the present resolution and to report to the General Assembly through the Economic and Social Council. aa A/9733. 2306th plenary meeting 4 December 1974 3281 (XXIX) Charter of Economic Right& and Duties of States The General Assembly, Recalling that the United Nations Conference on Trade and Development, in its resolution 45 (Ill) of 18 May J 972,:14 stressed the urgency to establish gen- erally accepted norms to govern international economic relations systematically and recognized that it is not feasible to establish a just order and a stable world as long as a charter to protect the rights of all coun- tries, and in particular the developing States, is not formulated, Recalling further that in the same resolution it was decided to establish a Working Group of governmental representatives to draw up a draft Charter of Eco- nomic Rights and Duties of States, which the General Assembly, in its resolution 3037 (XXVII) of 19 De- cember 1972, decided should be composed of forty Member States, Noting that, in its resolution 3082 (XXVIII) of 6 December 1973, it reaffirmed its conviction of the urgent need to establish or improve norms of universal application for the development of international eco- nomic relations on a just and equitable basis and urged the Working Group on the Charter of Economic Rights and Duties of States to complete, as the first step in the codification and development of the matter, the elaboration of a final draft Charter of Economic Rights and Duties of States, to be conside_red and approved by the General Assembly at its twenty-ninth session, Bearing in mind the spirit and terms of its resolutions 3201 (S-VI) and 3202 (S-VI) of 1 May 1974, con- taining, respectively, the Declaration and the Pro- gramme of Action on the Establishment of a New In- ternational Economic Order, which underlined the vital importance of the Charter to be adopted by the General Assembly at its twenty-ninth session and stressed the fact that thf' Charter shall constitute an effective instrument towards the establishment of a new system of international economic relations based on equity, sovereign equality and interdependence of the interests of developed and developing countries, Having examined the report of the Working Group on the Charter of Economic Rights and Duties of States on its fourth session,35 transmitted to the Gen- eral Assembly by the Trade and Development Board at its fourteenth session, Expressing its appreciation to the Working Group on the Charter of Economic Rights and Duties of States which, as a result of the task performed in its four sessions held between February 1973 and June 1974, assembled the elements required for the com- pletion and adoption of the Charter of Economic Rights and Duties of States at the twenty-ninth session of the General Assembly, as previously recommended, Adopts and solemnly proclaims the following Charter: 34 See Proceedings of the United Nations Conference on Trade and Development, Third Session, vol. I, Report and Annexes (United Nations publication, Sales No.: E.73.11.D.4), annex I.A. 35 TD/B/AC.12/4 and Corr.I. Re1olu1ions adopted on lhe reports of the Second Commillee 51 CHARTER OF ECONOMIC RIGHTS AND DUTIES OF ST A TES PREAMBLE The General Assembly, Reaffirming the fundamental purposes of the United Nations, in particular the maintenance of international peace and security, the development of friendly relations among nations and the achieve- ment of international co-operation in solving inter- national problems in the economic and social fields, Affirming the need for strengthening international co-operation in these fields, Reaffirming further the need for strengthening in- ternational co-operation for development, Declaring that it is a fundamental purpose of the present Charter to promote the establishment of the new international economic order, based on equity, sovereign equality, interdependence, common inter- est and co-operation among all States, irrespective of their economic and social systems, Desirous of contributing to the creation of con- ditions for: (a) The attainment of wider prosperity among all countries and of higher standards of living for all peoples, ( b) The promotion by the entire international community of the economic and social progress of all countries, especially developing countries, (c) The encouragement of co-operation, on the basis of mutual advantage and equitable benefits for all peace-loving States which are willing to carry out the provisions of the present Charter, in the economic, trade, scientific and technical fields, re- gardless of political, economic or social systems, (d) The overcoming of main obstacles in the way of the economic development of the developing countries, ( e) The acceleration of the economic growth of developing countries with a view to bridging the economic gap between developing and developed countries, (/) The protection, preservation and enhancement of the environment, Mindful of the need to estaolish and maintain a just and equitable economic and social order through: (a) The achievement of more rational and eq- uitable international economic relations and the en- couragement of structural changes in the world economy, (b) The creation of conditions which permit the further expansion of trade and intensification of economic co-operation among all nations, ( c) The strengthening of the economic indepen- dence of developing countries, (d) The establishment and promotion of inter- national economic relations, taking into account the agreed differences in development of the developing countries and their specific needs, Determined to promote collective economic secu- rity for development, in particular of the developing countries, with strict respect for the sovereign equal- ity of each State and through the co-operation of the entire international community, Considering that genuine co-operation among States, based on joint consideration of and concerted action regarding international economic problems, is essential for fulfilling the international community's common desire to achieve a just and rational devel- opment of all parts of the world, Stressing the importance of ensuring appropri- ate conditions for the conduct of normal economic relations among all States, irrespective of differences in social and economic systems, and for the full re- spect of the rights of all peoples, as well as strength- ening instruments of international economic co-op- eration as a means for the consolidation of peace for the benefit of all, Convinced of the need to develop a system of international economic relations on the basis of sov- ereign equality, mutual and equitable benefit and the close interrelationship of the interests of all States, Reiterating that the responsibility for the develop- ment of every country rests primarily upon itself but that concomitant and effective international co- operation is an essential factor for the full achieve- ment of its own development goals, Firmly convinced of the urgent need to evolve a substantially improved system of international eco- nomic relations, Solemnly adopts the present Charter of Economic Rights and Duties of States. CHAPTER I FuNDAMENTALS OF INTERNATIONAL ECONOMIC RELATIONS Economic as well as political and other relations among States shall be governed, inter alia, by the following principles: (a) Sovereignty, territorial integrity and political independence of States; ( b) Sovereign equality of all States; (c) Non-aggression; (d) Non-intervention; (e) Mutual and equitable benefit; (f) Peaceful coexistence; (g) Equal rights and self-determination of peoples; (h) Peaceful settlement of disputes; (i) Remedying of injustices which have been brought about by force and which deprive a nation of the natural means necessary for its normal devel- opment; (j) Fulfilment in good faith of international ob- ligations; ( k) Respect for human rights and fundamental freedoms; (l) No attempt to seek hegemony and spheres of influence; (m) Promotion of international social justice; (n) International co-operation for development; ( o) Free access to and from the sea by land- locked countries within the framework of the above principles. sz General Assembly-Twenty-ninth Session CHAPTER II EcONOMIC RIGHTS AND DUTIES OF STATES Article I Every State has the sovereign and inalienable right to choose its economic system as well as its political, social and cultural systems in accordance with the will of its people, without outside interference, co- ercion or threat in any form whatsoever. Article 2 1. Every State has and shall freely exercise full permanent sovereignty, including possession, use and disposal, over all its wealth, natural resources and economic activities. 2. Each State has the right: (a) To regulate and exercise authority over for- eign investment within its national jurisdiction in accordance with its laws and regulations and in con- formity with its national objectives and priorities. No State shall be compelled to grant preferential treatment to foreign investment; (b) To regulate and supervise the activities of transnational corporations within its national juris- diction and take measures to ensure that such activi- ties comply with its laws, rules and regulations and conform with its economic and social policies. Trans- national corporations c;hall not intervene in the in- ternal affairs of a host State. Every State should, with full regard for its sovereign rights, co-operate with other States in the exercise of the right set forth in this subparagraph; (c) To nationalize, expropriate or transfer own- ership of foreign property, in which case appropri- ate compensation should be paid by the State adopt- ing such measures, taking into account its relevant laws and regulations and all circumstances that the State considers pertinent. In any case where the question of compensation gives rise to a controversy, it shall be settled under the domestic law of the nationalizing State and by its tribunals, unless it is freely and mutually agreed by all States concerned that other peaceful means be sought on the basis of the sovereign equality of States and in accordance with the principle of free choice of means. Article 3 In the exploitation of natural resources shared by two or more countries, each State must co-op- erate on the basis of a system of information and prior consultations in order to achieve optimum use of such resources without causing damage to the legitimate interest of others. Article 4 Every State has the right to engage in interna- tional trade and other forms of economic co-opera- tion irrespective of any differences in political, eco- nomic and social systems. No State shall be subjected to discrimination of any kind based solely on such differences. In the pursuit of international trade and other forms of economic co-operation, every State is free to choose the forms of organization of its foreign economic relations and to enter into bilateral and multilateral arrangements consistent with its in- ternational obligations and with the needs of inter- national economic co-operation. Article 5 All States have the right to associate in organiza- tions of primary commodity producers in order to develop their national economies, to achieve stable financing for their development and, in pursuance of their aims, to assist in the promotion of sustained growth of the world economy, in particular accel- erating the development of developing countries. Correspondingly, all States have the duty to respect that right by refraining from applying economic and political measures that would limit it. Article 6 It is the duty of States to contribute to the devel- opment of international trade of goods, particularly by means of arrangements and by the conclusion of long-term multilateral commodity agreements, where appropriate, and taking into account the interests of producers and consumers. All States share the re- sponsibility to promote the regular flow and access of all commercial goods traded at stable, remunera- tive and equitable prices, thus contributing to the equitable development of the world economy, taking into account, in particular, the interests of develop- ing countries. Article 7 Every State has the primary responsibility to pro- mote the economic, social and cultural development of its people. To this end, each State has the right and the responsibility to choose its means and goals of development, fully to mobilize and use its re- sources, to implement progressive economic and social reforms and to ensure the full participation of its people in the process and benefits of develop- ment. All States have the duty, individually and col- lectively, to co-operate in eliminating obstacles that hinder such mobilization and use. Article 8 States should co-operate in facilitating more ra- tional and equitable international economic relations and in encouraging structural changes in the context of a balanced world economy in harmony with the needs and interests of all countries, especially devel- oping countries, and should take appropriate meas- ures to this end. Article 9 All States have the responsibility to co-operate in the economic, social, cultural, scientific and techno- logical fields for the promotion of economic and social progres!tthroughout the world, especially that of the developing countries. Article JO All States are juridically equal and, as equal mem- bers of the international community, have the right to participate fully and effectively in the interna- tional decision-making process in the solution of world economic, financial and monetary problems, inter alia, through the appropriate international or- Resolutions adopted on the reports of the Second Committee ganizations in accordance with their existing and evolving rules, and to share equitably in the benefits resulting therefrom. Article 11 All States should co-operate to strengthen and continuously improve the efficiency of international organizations in implementing measures to stimulate the general economic progress of all countries, par- ticularly of developing countries, and therefore should co-operate to adapt them, when appropriate, to the changing needs of international economic co- operation. Article 12 I. States have the right, in agreement with the parties concerned, to participate in subregional, re- gional and interregional co-operation in the pursuit of their economic and social development. All States engaged in such co-operation have the duty to ensure that the policies of those groupings to which they belong correspond to the provisions of the present Charter and are outward-looking, consistent with their international obligations and with the needs of international economic co-operation, and have full regard for the legitimate interests of third coun- tries, especially developing countries. 2. In the case of groupings to which the States concerned have transferred or may transfer certain competences as regards matters that come within the scope of the present Charter, its provisions shall also apply to those groupings in regard to such mat- ters, consistent with the responsibilities of such States as members of such groupings. Those States shall co-operate in the observance by the groupings of the provisions of this Charter. Article 13 1. Every State has the right to benefit from the advances and developments in science and tech- nology for the acceleration of its economic and social development. 2. All States should promote international scien- tific and technological co-operation and the transfer of technology, with proper regard for all legitimate interests including, inter alia, the rights and duties of holders, suppliers and recipients of technology. In particular, all States should facilitate the access of developing countries to the achievements of modern science and technology, the transfer of technology and the creation of indigenous technology for the benefit of the developing countries in forms and in accordance with procedures which are suited to their economies and their needs. 3. Accordingly, developed countries should co- operate with the developing countries in the estab- lishment, strengthening and development of their scientific and technological infrastructures and their scientific research and technological activities so as to help to expand and transform the economies of developing countries. 4. All States should co-operate in research with a view to evolving further internationally accepted guidelines or regulations for the transfer of tech- nology, taking fully into account the interests of developing countries. Article 14 Every State has the duty to co-operate in promot- ing a steady and increasing expansion and liberaliza- tion of world trade and an improvement in the wel- fare and living standards of all peoples, in particular those of developing countries. Accordingly, all States should co-operate, inter alia, towards the progressive dismantling of obstacles to trade and the improve- ment of the international framework for the conduct of world trade and, to these ends, co..ordinated efforts shall be made to solve in an equitable way the trade problems of all countries, taking into account the specific trad~ problems of the developing countries. In this connexion, States shall take measures aimed at securing additional benefits for the international trade of developing countries so as to achieve a substantial increase in their foreign exchange earn- ings, the diversification of their exports, the accel- eration of the rate of growth of their trade, taking into account their development needs, an improve- ment in the possibilities for these countries to par- ticipate in the expansion of world trade and a bal- ance more favourable to developing countries in the sharing of the advantages resulting from this expan- sion, through, in the largest possible measure, a substantial improvement in the conditions of access for the products of interest to the developing coun- tries lind, wherever appropriate, measures designed to attain stable, equitable and remunerative prices for primary products. Article 15 All States have the duty to promote the achieve- ment of general and complete disarmament under effective international control and to utilize the re- sources. released by effective disarmament measures for the economic and social development of coun- tries, allocating a substantial portion of such re- sources as additional means for the development needs of developing countries. Article 16 I . It is the right and duty of all States, individ- ually and collectively, to eliminate colonialism, apartheid, racial discrimination, neo-colonialism and all forms of foreign aggression, occupation and dom- ination, and the economic and social consequences thereof, as a prerequisite for development. States which practise such coercive policies are economi- cally respon'iible to the countries, territories and peo- ples affected for the restitution and full compensa- tion for the exploitation and depletion of, and damages to, the natural and all other resources of those countries, territories and peoples. It is the duty of all States to extend assistance to them. 2. No State has the right to promote or encour- age investments that may constitute an obstacle to the liberation of a territory occupied by force. Article 17 International co-operation for development is the shared goal and common duty of all States. Every State should co-operate with the efforts of develop- ing countries to accelerate their economic and social development by providing favourable external condi- tions and by extending active assistance to them, 54 General Assembly-Twenty-ninth Session consistent with their development needs and objec- tives, with strict respect for the sovereign equality of States and free of any conditions derogating from their sovereignty. Article 18 Developed countries should extend, improve and enlarge the system of generalized non-reciprocal and non-discriminatory tariff preferences to the develop- ing countries consistent with the relevant agreed conclusions and relevant decisions as adopted on this subject, in the framework of the competent in- ternational organizations. Developed countries should also give serious consideration to the adoption of other differential measures, in areas where this is feasible and appropriate and in ways which will provide special and more favourable treatment, in order to meet the trade and development needs of the developing countries. In the conduct of interna- tional economic relations the developed countries should endeavour to avoid measures having a nega- tive effect on the development of the national econ- omies of the developing countries, as promoted by generalized tariff preferences and other generally agreed differential measures in their favour. Article 19 With a view to accelerating the economic growth of developing countries and bridging the economic gap between developed and developing countries, de- veloped countries should grant generalized preferen- tial, non-reciprocal and non-discriminatory treatment to developing countries in those fields of interna- tional economic co-operation where it may be feasible. Article 20 Developing countries should, in their efforts to in- crease their over-all trade, give due attention to the possibility of expanding their trade with socialist countries, by granting to these countries conditions for trade not inferior to those granted normally to the developed market economy countries. Article 21 Developing· countries should. endeavour to pro- mote the expansion of their mutual trade and to this end may, in accordance with the existing and evolv- ing provisions and procedures of international agree- ments where applicable, grant trade preferences to other developing countries without being obliged to extend such preferences to developed countries, pro- vided these arrangem.ents do not constitute an im- pediment to general trade liberalization and ex- pansion. Article 22 1. All States should respond to the generally rec- ognized or mutually agreed development needs and objectives of developing countries by promoting in- creased net flows of real resources to the developing countries from all sources, taking into account any obligations and commitments undertaken by the States concerned, in order to reinforce the efforts of developing countries to accelerate their economic and social development. 2. In this context, consistent with the aims and objectives mentioned above and taking into account any obligations and commitments undertaken in this regard, it should be their endeavour to increase the net amount of financial flows from official sources to developing countries and to improve the terms and conditions thereof. 3. The flow of development assistance resources should include economic and technical assistance. Article 23 To enhance the effective mobilization of their own resources, the developing countries should strengthen their economic co-operation and expand their mutual trade so as to accelerate their economic and social development. All countries, especially developed countries, individually as well as through the com- petent international organizations of which they are members, should provide appropriate and effective support and co-operation. Article 24 All States have the duty to conduct their mutual economic relations in a manner which takes into account the interests of other countries. In particular, all States should avoid prejudicing the interests of developing countries. Article 25 In furtherance of world economic development, the international community, especially its developed members, shall pay special attention to the particu- lar needs and problems of the least developed among the developing countries, of land-locked developing countries and also island developing countries, with a view to helping them to overcome their particular difficulties and thus contribute to their economic and se,cial development. Article 26 All States have the duty to coexist in tolerance and live together in peace, irrespective of differences in political, economic, social and cultural systems, and to facilitate trade between States having dif- ferent economic and social systems. International trade should be conducted without prejudice to gen- eralized non-discriminatory and non-reciprocal pre- ferences in favour of developing countries, on the basis of mutual advantage, equitable benefits and the exchange of most-favoured-nation treatment. Article 27 1. Every State has the right to enjoy fully the benefits of world invisible trade and to engage in the expansion of such trade. 2. World invisible trade, based on efficiency and mutual and equitable benefit, furthering the expan- sion of the world economy, is the common goal of all States. The role of developing countries in world invisible trade should be enhanced and strengthened consistent with the above objectives, particular at- tention being paid to the special needs of develop- ing countries. Re110lution1 adopted on the reports of the Seeond Committee SS 3. All States should co-operate with developing countries in their endeavours to increase their ca- pacity to earn foreign exchange from invisible trans- actions, in accordance with the potential and needs of each developing country and consistent with the objectives mentioned above. Article 28 All States have the duty to co-operate in achiev- ing adjustments in the prices of exports of develop- ing countries in relation to prices of their imports so as· to promote just and equitable terms of trade for them, in a manner which is remunerative for pro- ducers and equitable for producers and consumers. CHAPTER III COMMON RESPONSIBILITIES TOWARDS THE INTERNATIONAL COMMUNITY Article 29 The sea-bed ar.d ocean floor and the subsoil thereof, beyond the limits of national jurisdiction, as well as the resources of the area, are the common heritage of mankind. On the basis of the principles adopted by the General Assembly in resolution 2749 (XXV) of 17 December 1970, all States shall en- sure that the exploration of the area and exploita- tion of its resources are carried out exclusively for peaceful purposes and that the benefits derived there- from are shared equitably by all States, taking into account the particular interests and needs of devel- oping countries; an international regime applying to the area and its resources and includin·g appropriate international machinery to give effect to its provi- sions shall be established by an international treaty of a universal character, generally agreed upon. Article 30 The protection, preservation and enhancement of the environment for the present and future genera- tions is the responsibility of all States. All States shall endeavour to establish their own environmental and developmental policies in conformity with such re- sponsibility. The environmental policies of all States should enhance and not adversely affect the present and future development potential of developing coun- tries. All States have the responsibility to ensure that activities within their jurisdiction or control do not cause Jamage to the environment of other States or of areas beyond the limits of national jurisdiction. All States should co-operate in evolving international norms and regulations in the field of the environment. CHAPTER IV FINAL PROVISIONS Article 31 All States have the duty to contribute to the bal- anced expansion of the world economy, taking duly into account the close interrelationship between the well-being of the developed countries and the growth and development of the developing countries, and the fact that the prosperity of the international com- munity as a whole depends upon the prosperity of its constituent parts. Article 32 No State may use or encourage the use of eco- nomic, political or any other type of measures to coerce another State in order to obtain from it the subordination of the exercise of its sovereign rights. Article 33 1. Nothing in the present Charter shall be con- strued as impairing or derogating from the provi- sions of the Charter of the United Nations or actions taken in pursuance thereof. 2. In their interpretation and application, the provisions of the present Charter are interrelated and each provision should be construed in the con- text of the other provisions. Article 34 An item on the Charter of Economic Rights and Duties of States shall be included in the agenda of the General Assembly at its thirtieth session, and thereafter on the agenda of every fifth session. In this way a systematic and comprehensive considera- tion of the implementation of the Charter, covering both progress achieved and any improvements and additions which might become necessary, would be carried out and appropriate measures recommended. Such consideration should take into account the evo- lution of all the economic, social, legal and other factors related to the principles upon which the pres- ent Charter is based and on its purpose. 2315 th plenary meeting 12 December 1974 3305 (XXIX). Revision of the lists of Statee eligible for membership in the Industrial Development Board The General Assembly, Recalling section II, paragraph 4, of its resolution 2152 (XXI) of 17 November 1966 on the United Nations Industrial Development Organization, Decides to include Guinea-Bissau in list A and Gre- nada in list C of the annex to resolution 2152 (XXl).11 • 2319th plenary meeting 14 December 1974 • • As a result of the above resolution, the lists of States eligible for membership in the Industrial Development Board will be as follows: A. LIST OF STATES INDICATED IN SECTION JI, PARAGRAPH 4 (a), OF GENERAL ASSEMBLY RESOLUTION 2152 (XXI) Afghanistan Algeria Bahrain Bangladesh Bhutan Botswana Burma Burundi Central African Republic Chad se For the other changes in the lists since the adoption of resolution 2152 (XXI), see reso4utions 2385 (XXIII) of 19 November 1968, 2510 (XXIV) of 21 November 1969, 2637 (XXV) of 19 November 1970, 2824 (XXVI) of 16 De- cember 1971, 2954 (XXVII) of 11 December 1972 and 3088 (XXVIII) of 6 December 1973.
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